HomeMy WebLinkAbout06 - Alley Sweeping AgreementCITY OF
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City Council Staff Report
Agenda Item No. 6
September 24, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Municipal Operations Department Director
949 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: Rachell Wilfert, Management Assistant
APPROVED:
TITLE: Approval of Maintenance Agreement for Alley Sweeping Services
FAULAi e7AT" d
The City of Newport Beach currently sweeps 33 miles of improved alleyways throughout
the City on a twice - monthly basis. The City issued a request for proposals to solicit
qualified contractors to sweep alleyways and the Civic Center parking structure. Based
on low cost and a field demonstration, AGO Industries, Inc., DBA SoCal Property
Services of Costa Mesa was selected as the best qualified firm.
RECOMMENDATION:
Approve a Maintenance Agreement for Alley Sweeping Services with AGO Industries,
Inc. DBA SoCal Property Services of Costa Mesa and authorize the Mayor and City
Clerk to execute the agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the Contract Services — Alley Sweeping account in the Municipal
Operations Department; 3140- 80885.
DISCUSSION:
Since 2002, approximately 33 miles of improved alleys have been swept on a twice -
monthly basis. Alleyways in the City range from eight (8) to twenty (20) feet in width,
and are in a narrow "T configuration in beach and Balboa Island areas. These
challenges necessitate the use of a relatively small sweeper that is capable of
negotiating these challenging areas while effectively mitigating dust during cleaning.
The City issued a Request for Proposals on July 19, 2013 to known contractors and
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posted it on the City's website. A mandatory proposal meeting was held on July 24 ,
Approval of Maintenance Agreement for Alley Sweeping Services
September 24, 2013
Page 2
and was attended by five (5) firms. Three vendors submitted proposals by the August
8th deadline. The proposals were evaluated by City staff from the Municipal Operations
Department and weighted 40 percent of the score based on qualifications, experience
and ability to deploy services, with the remaining 60 percent of the score based on cost.
Based on the evaluation criteria, SoCal Property Services (SoCal) was the highest rated
proposer. Prior to making the recommendation to award an agreement to SoCal, the
City scheduled a demonstration with the firm to ensure that SoCal would be able to
meet City sweeping standards. The demonstration was performed in a number of
different alleys, and staff is confident in the firm's ability to perform the requested
services.
Company
Total Score (Out of 100)
Annual Price
Current Contract
$82,482.00
SoCal Property Services
79.00
$48,420.00
Sunset Property Services
73.31
$78,397.00
TSCM Corporation
52.77
$85.400.00
The annual price proposed by SoCal for twice - monthly alley sweeping is $48,420.00;
the annual amount requested for the contract will be $52,000.00 a year to cover the
additional costs associated with cleaning the Civic Center parking structure and any
special sweeping requests. The proposed amount represents a significant savings for
the City. Therefore, an agreement with SoCal is submitted for Council approval. The
term of the agreement is proposed for a seven (7) year period, which will align with the
expiration of the current street sweeping agreement, should staff choose to combine
sweeping agreements at a later date.
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.
Approval of Maintenance Agreement for Alley Sweeping Services
September 24, 2013
Page 3
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).
Submitted
Mark Harmon
Director
Attachments: A. Maintenance Service Agreement for Alley Sweeping Services
MAINTENANCE SERVICES AGREEMENT
WITH AGO INDUSTRIES, INC. DBA SO CAL PROPERTY SERVICES FOR
ALLEY SWEEPING SERVICES
THIS MAINTENANCE SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 25th day of September, 2013 ( "Effective Date'), by and between
the City of Newport Beach, a California municipal corporation and charter city ( "City "),
and AGO INDUSTRIES, INC., a California corporation doing business as ( "DBA ") SO
CAL PROPERTY SERVICES ( "Contractor"), whose address is 830 W. 16th Street,
Costa Mesa, CA 92627, 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 alley sweeping maintenance
services for the City ('Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and /or repair 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 May 31; 2020; 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 the highest
industry standards in performing the Work required hereunder and that all materials will
be of good quality.. For purposes of this Agreement, the phrase "highest industry
standards' shall mean those standards of practice recognized by one or more first -class
firms performing similar work under similar circumstances.
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 Fifty Two Thousand Dollars and 00/100 per year ($52,000.00),
subject to the allowable annual increase in rates in proportion to changes in the
Consumer Price Index as further defined in 4.2 below. In any event, the total
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items and the annual Consumer Price Index adjustment shall not
exceed Three Hundred Ninety Four Thousand Dollars and 00/100 ($394,000.00) for
the term of the Agreement. No other changes in the rates or compensation shall be
made without prior written amendment to the Agreement.
4.2 Consumer Price Index. 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 ( "CPI "), subject to the maximum adjustment set forth below. Such
AGO Industries, Inc. DBA So Cal Property Services Page 2
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 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 2.5% of the Billing Rates in effect immediately
preceding such adjustment.
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 Brandon Fitzgerald 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.
AGO Industries, Inc. DBA So Cal Property Services Page 3
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 Municipal Operations Department.
City's Operations Support Superintendent 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 highest industry standards. 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 and all applicable federal, state and local laws and the industry standard.
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
AGO Industries, Inc. DBA So Cal Property Services Page 4
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 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.
AGO Industries, Inc. DBA So Cal Property Services Page 5
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.
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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
AGO Industries, Inc. DBA So Cal Property Services Page 6
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
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.
AGO Industries, Inc. DBA So Cal Property Services Page 7
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
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 "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for 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: Operations Support Superintendent
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
AGO Industries, Inc. DBA So Cal Property Services Page 8
Attn: Brandon Fitzgerald
AGO Industries, Inc. DBA. So Cal Property Services
830 W. 16th Street
Costa Mesa, CA 92627
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.
26.1 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 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.
AGO Industries, Inc. DBA So Cal Property Services Page 9
26.3 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.
26.4 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.
AGO Industries, Inc. DBA So Cal Property Services Page 10
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, religion, color, national origin, handicap,
ancestry, sex, 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.
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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
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONTRACTOR: AGO INDUSTRIES, INC.
a California corporation, DBA So Cal
Property Services
Date: Oq 4 0 1/ D
By: ,G -� 01ZL--
Laura Osborne
Ooerations Manaaer
70c3
By: ,�✓'
-B-r9hffb-n Fitzgerald
Contracts Administrator
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
AGO Industries, Inc. DBA So Cal Property Services Page 12
EXHIBIT A
SCOPE OF SERVICES
INTENT
The intent of these specifications is to provide alley sweeping services in
approximately 33 miles of improved alleyways throughout the City of Newport Beach
on a twice -per month basis, and periodic cleaning of the Civic Center parking
structure as was described in the Request for Proposals ( "RFP ") issued July 19,
2013 as RFP No. 14 -4, which is incorporated herein by reference.
• DESCRIPTION OF PROJECT
o Furnish all labor, equipment, materials, and supervision to perform
maintenance as described herein including, but not limited to, the
following:
Using modern mechanical or vacuum street sweeper, thoroughly
sweep each improved alley in the City on a regularly scheduled
basis.
The term of this agreement will be for seven (7) years.
• WORKING HOURS
o Normal working hours shall be within a nine (9) -hour day between the
hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No motorized
equipment shall be operated before 7:00 a.m. and no later than 4:00 p.m.
Sweeping the Civic Center parking structure will take place during the
hours of 5:00 a.m. and 7:00 a.m., at the frequency set forth by the Project
Administrator.
LEVEL OF MAINTENANCE
• All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification
description. Standards and frequencies may be modified from time to time
as deemed necessary by the City for the proper maintenance of the sites.
• If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the
Contractor until services are rendered in accordance with specifications
set forth within this document and providing no other arrangements have
been made between the Contractor and the City. Failure to notify of a
change and /or failure to perform an item or work on a scheduled day may,
at the City's sole discretion, result in deduction of payment for that date,
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -1
week, or month. Payment will be retained for work not performed until
such time as the work is performed to City standard.
o The Contractor is required to correct deficiencies within the time specified
by the City. If noted deficient work has not been completed, payment for
subject deficiency shall be withheld for current billing period and shall
continue to be withheld until deficiency is corrected, without right to
retroactive payments.
• QUALITY OF WORK AND MATERIALS
o All material and equipment furnished by the Contractor shall be high
grade, and free from defects and imperfections, unless otherwise
hereinafter specified. Workmanship shall be in accord with the best
standard practices. Both materials and workmanship shall be subject to
the approval of the Project Administrator.
• WORKMANSHIP AND SUPERVISION
• The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to the
specifications expressed within the Scope of Work. Supervisors and
foremen must communicate effectively in both in written and oral English.
All operator personnel must be able to communicate effectively in English.
• All personnel working at the outlined areas shall be neat in appearance
and in uniforms approved by the Project Administrator. All personnel shall
wear identification badges or patches
• Work shall be performed by competent and experienced operators. All
employees must have the appropriate class of driver's license for the type
of equipment they are operating.
• All hours shall be made up if there are absences to the Contractor's
workforce (including sick days and vacations.) Where advanced notice is
provided to the Contractor, the Contractor shall provide replacements for
those absences.
• SUPERVISION OF CONTRACT
o All work shall meet with the approval of the Project Administrator. There
shall be a minimum of one monthly meeting with the Contractor and the
City representative to determine progress and to establish areas needing
attention.
o Any specific
problem area, which does not meet the conditions
of
the
specifications
set forth herein, shall be called to the attention
of
the
Contractor and if not corrected, payment to the Contractor will
not
be
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -2
made until condition is corrected in a satisfactory manner as set forth in
the specifications.
• EQUIPMENT
o All vehicles and equipment used in conjunction with the work shall be
maintained in a neat, clean, and orderly manner and shall be in good
working order. The Municipal Operations Director, or his authorized agent,
may reject any vehicle or piece of equipment and order it removed from
the service area(s).
o Vehicles and equipment must meet all current federal, State, and AQMD
regulations. Contractor vehicles used within this contract shall, at all times,
bear identification signs that the contractor is performing services for the
City. The Project Administrator shall approve these signs prior to
installation by the contractor.
• AQMD Rule 1186.1 requires that any governmental agency that contracts
for sweeping services to seek bids from companies using alternative -fuel
sweepers. Should the City not receive any alternative -fuel sweeping bids,
the City may contract for non - alternative fueled sweepers, but must
ensure such sweepers are only fueled with low- sulfur diesel and outfitted
with approved control devices(s) that are installed and maintained per the
manufacturer's specifications.
• Ultimately, the City is responsible for compliance with AQMD Rule 1186.1,
and as such must consider any bidder(s) that propose to use alternative -
fuel sweepers over a lower priced bidder that proposes the use of low -
sulfur diesel sweepers
• Proposals utilizing sweepers having a GVW less than 14,000 pounds are
exempt from AQMD Rule 1186.1.
SPECIFICATIONS
o These specifications are intended to cover all labor, material and
standards of workmanship to be employed in the work called for in these
specifications or reasonably implied by terms of same. Work or materials
of a minor nature which may not be specifically mentioned, but which may
be reasonably assumed as necessary for the completion of this work, shall
be performed by the Contractor as if described in the specifications.
• CORRESPONDENCE
o All correspondence shall be addressed to Operations Support
Superintendent, Municipal Operations Department, City of Newport
Beach, PO Box 1768, Newport Beach, California 92663 -3884.
7:2: T i 1 T/ 61 I� 7 h RE to] 1.41 WA 9".7-1161
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -3
o No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved in writing by
the City before the work is commenced. The Contractor will be required to
provide before and after photographs of safety items which were made
without prior City approval. Documentation of contract compliance may be
required on some occasions.
• STREET CLOSURES, DETOURS, BARRICADES
o Warning signs, lights, and devices shall be installed and displayed in
conformity with the most recent addition of `The California Manual on
Uniform Traffic Devices" for use in performance of work upon highways
issued by the State of California, Department of Transportation and as
directed by City staff.
o Beacon lighting visible from behind the vehicle will be installed on vehicles
working along City streets and alleyways
• WATER
o The Contractor will be issued water meter(s), which must be utilized when
filling equipment from City fire hydrants. The Contractor will be responsible
for the deposit required to obtain the water meter(s) and all charges
stemming from the use of City water.
• DISPOSAL
• The Contractor shall utilize the sweeper- dumping bin at the Corporation
Yard to dispose of sweepings or such other refuse in bins as provided by
the City. Said dumping shall occur between the hours of 7:30 a.m. and
3:30 p.m. Monday through Friday only. The City shall be responsible for
disposal. Contractor shall furnish records of material collected and
disposed of at the Corporation Yard on a monthly basis to the City.
• Disposal and washout will be permitted only in the designated area of the
Corporation Yard.
• RECORDS
o The Contractor shall keep accurate records concerning all of his /her
employees or agents. The Contractor shall provide this information in an
organizational chart as changes in staffing occur. Additionally, the
Contractor shall provide the City with names and telephone numbers of
emergency contact employees.
o The Contractor shall complete a monthly maintenance report indicating
work performed and submit this completed report to the Project
Administrator. This report should also contain a description, including
man - hours, equipment, and any additional work which the Contractor
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -4
deems to be beyond the scope of the contract and which has been
approved by the City in accordance with the Agreement. Payment for any
extra work will not be authorized unless the additional work and costs
thereof are first approved in writing by the City in accordance with the
Agreement.
• The Contract shall submit a phone log of all calls from the Municipal
Operations Department and the City of Newport Beach Police Department
to the Contractor, whether or not those calls require a request for services,
and a description of the action taken from the City call.
• The Contractor shall, within fifteen (15) days of the effective date of an
executed agreement, prepare and submit a written annual sweeping
calendar to the Project Administrator. If it is necessary to make periodic
revisions to this maintenance schedule, a modified calendar must be
submitted to the Project Administrator for approval prior to the date the
changes are to take effect.
• The Contractor shall permit the City to inspect and audit its books and
records regarding City - provided services during regular business hours.
• EMERGENCY SERVICES
o The Contractor will provide the City with names and telephone numbers of
at least two (2) qualified persons who can be called by City
representatives when emergency maintenance conditions occur during
hours when the Contractor's normal work force is not present in the City of
Newport Beach. These Contractor representatives shall respond to said
emergency within thirty (30) minutes of receiving notification.
• CONTRACTOR'S OFFICE
o Contractor is required to maintain an office within a one (1) hour response
time of the job site and provide the office with phone service during normal
working hours. During all other times, a telephone answering service shall
be utilized and the answering service shall be capable of contacting the
Contractor by cell phone or pager. Contractor shall have a maximum
response time of thirty (30) minutes to all emergencies. There will be no
on -site storage of equipment or materials. Contractor will have full
responsibility for maintaining an office and a yard.
• SCHEDULES
o Annual Schedule
• The Contractor shall work with the City to meet current alley
sweeping schedules.
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -5
• The Contractor shall complete the schedule for each functional
area in a manner which shall correspond to the twice per month
schedule.
• The annual schedule shall be submitted for City approval within
fifteen (15) calendar days after effective date of the contract.
• The Contractor shall submit revised schedules when actual
performance differs substantially from planned performance.
o Monthly Schedule
• The Contractor shall provide monthly schedule forms indicating the
major items of work to be performed in accordance with the
performance requirements and further delineate the time frames for
accomplishment by day of the week and by morning and afternoon.
• The Contractor shall complete the schedule for each item of work
and each area of work.
• The initial schedule shall be submitted one week prior to the
effective date of the contract. Thereafter, it shall be submitted
monthly on the first Monday of the month for City approval, prior to
scheduling work for the upcoming month.
• The Project Administrator shall receive changes to the schedule at
least twenty -four (24) hours prior to the scheduled time for the
work.
• Failure to notify of a change and /or failure to perform an item of
work on a scheduled day may result in deduction of payment for
that date or week.
• The Contractor shall adjust his /her schedule to compensate for all
holidays and rainy days. Sweeping and litter removal shall be
scheduled for all holidays and rainy days, unless otherwise
indicated by the City.
o Civic Center Parking Structure
• Detail and sweep the three floor /level parking structure with 450
parking spaces at 100 Civic Center Drive. The structure measures
158,155 square feet.
• Service and blow off three interior stairwells, two exterior stairwells,
and bamboo planters.
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -6
• Work shall be completed between the hours of 5:00 a.m. and 7:00
a.m. in order to minimize disruption as people arrive for work.
• Schedule and frequency of work will be determined by the Project
Administrator and may occur on an as- needed basis.
o Performance on Schedule
The Contractor has been provided the maximum latitude in
establishing work schedules, which correspond to its manpower
and equipment resources. The Contractor has also been provided
the opportunity and procedure for adjusting those schedules to
meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly
schedule.
• PERFORMANCE DURING INCLEMENT WEATHER
o During the periods when inclement weather hinders normal operations,
the Contractor shall adjust his /her work force in order to accomplish those
activities that are not affected by weather.
o Failure to adjust the work force to show good progress on the work shall
result in deduction of payments to reflect only the work actually
accomplished.
o The Contractor shall immediately notify the Project Administrator when the
work force has been removed from the job site due to inclement weather
or other reasons.
• SAFETY REQUIREMENT
o All work performed under this contract shall be performed in such a
manner as to provide maximum safety to the public and where applicable,
comply with all safety standards required by CAL -OSHA. The Project
Administrator reserves the right to issue restraint or cease and desist
orders to the Contractor when unsafe or harmful acts are observed or
reported relative to the performance of the work under this contract. All
contractor vehicles shall have a "W.A.T.C.H." Work Area Traffic Control
Manual at all times.
o The Contractor shall maintain all service areas free of hazards to persons
and /or property resulting from his /her operations. Any hazardous condition
noted by the Contractor, which is not a result of his /her operations, shall
be immediately reported to the Project Administrator.
ADVERTISING
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -7
o No advertising of any kind or description, bill posters, printed, painted, or
by the use of any other method application legible to human sight, shall
appear on any equipment, buildings, structures, fences, canopies, posts,
or signs except valid and authorized legal notices required to be placed
thereon and except as may be specifically authorized in these general
conditions.
• MAINTENANCE AND TECHNICAL RESPONSIBILITIES
c Each alley shall be swept clean to the adjacent property line. "Swept
clean" means minimal debris residual or tailings remaining when
complete. Sweepers must not blow debris onto private property.
• Sweeper will not leave behind any debris, sand, and gravel in alley.
• Alley sweeping may require multiple passes by the sweeper to
ensure maximum coverage.
• A sweeping vehicle will not sweep more than five miles an hour in
alleys.
• Water spray dust control systems will be used in every alley and
completely operational on each sweeper.
• Gutter brooms must not be allowed to get so short as to create
unsatisfactory sweeping.
• Sweeper will have a beacon on the top of the cab and warning lights
(amber in color) on the rear of the hopper.
• Sweeper will be washed out daily and the exterior of the sweeper will be
kept clean for a professional appearance.
• If a vehicle is blocking an alley, the operator is required to return to see if
the vehicle has moved and the alley can be swept.
• City provided dashboard placard must be displayed while working in the
City - "Providing Services to the City of Newport Beach."
AGO Industries, Inc. D.B.A. So Cal Property Services Page A -8
EXHIBIT B
SCHEDULE OF BILLING RATES
PROPOSAL OFFER FORM
UNIT PRICES
A. The Contractor agrees that for requested and /or required changes in the
scope of work, including additions and deletions on work not performed, the
Contract Sum shall be adjusted in accordance with the following unit prices,
where the City elects to use this method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of
the contract award. Unreasonable prices may result in rejection of the entire
bid proposal. Unit prices listed below refer to all items installed including but
not limited to, materials, labor, overhead, and profit for the contractor.
C. The unit price quoted by the Contractor shall be those unit prices that will be
charged or credited for labor and materials to be provided regardless of the
total number units and /or amount of labor required for added or deleted items
of work.
D. All work shall be performed in accordance with specifications described in the
RFP.
AGO Industries, Inc. D.B.A. So Cal Property Services Page B -1
Updated Bi- Monthly Sweeping Schedule
Gasoline
Diesel
Number of Sweeps per Year 1 24 I 24
LOCATIONS
Annual Cost per Annual Cost per
Locatioi I Location
Area 1
• Newport Shores
• Balboa Peninsula — Newport
Pier to the river jetty
• Cannery Village $ 6,480.00 $ 6,480.00
Area 2
• Newport Heights
• Dover area
• 200 and 300 block alleys of
32nd street to 44th street, Finley
tract and Newport Island
Area 3
Balboa Peninsula - Newport
Pier to the Wedge
Area 4
• Balboa Island
• Marine Ave Alleys (weekly)
8,640.00 8,640.00
10,800.00 $ 10.800.00
8,640.00 8,640.00
Area 5
• Corona Del Mar — North side of
Coast Highway $ 6,480.00 $ 6,480.00
Area 6
• Corona del Mar — South side of
coast highway $ 6,480.00 $ 6.480.00
East Coast Hwy between
Jamboree and Avocado $
(Eastbound bike lane) 900.00 $ 900.00
Total Annual Cost 48,420.00 48,420.00
AGO Industries, Inc. D.B.A. So Cal Property Services Page B -2
1. Alley Sweeping
2. Civic Center Parking
Structure
FUNCTION COST /UNIT OF MEASURE
1.1. Using gasoline -fuel $ 35.38
sweepers of alley swept
1.2. Using low- sulfur
diesel sweepers
• Including all cleaning
services described
above
• Structure is 158,155 Sq.
Ft.
$ 35.38
of alley swept
/mile
/mile
$ 55.00 /per
occurrence
AGO Industries, Inc.. D.B.A. So Cal Property Services Page B -3
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 officers,
agents, employees and volunteers.
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) with no endorsement or modification
limiting the scope of coverage for liability assumed under a 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
AGO Industries, Inc. D.B.A. So Cal Property Services Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than four million dollars ($4,000;000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above, including commercial general
liability and employer's liability Such policy or policies shall include the
following terms and conditions:
® A. drop down feature requiring the policy to respond in the event
that any primary insurance that would otherwise have applied
proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
O Concurrency of effective dates with primary policies;
Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
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 elected or appointed officers, agents, officials, employees
and volunteers 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 subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents 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.
AGO Industries, Inc. D.B.A. So Cal Property Services Page C -2
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. 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.
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.
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 sub -
consultant 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
AGO Industries, Inc. D.B.A. So Cal Property Services Page C -3
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 Contract, 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.
I. 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.
AGO Industries, Inc. D.B.A. So Cal Property Services Page C -4