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City Council Staff Report
June 14, 2016
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: George Murdoch, Municipal Operations Director - 949-644-3011,
gmurdoch@newportbeachca.gov
PREPARED BY: James Auger, Utilities Manager — 949-718 - 3477
Rachel Wilfert, Management Assistant — 949-644-3010
TITLE: Agreement with Urban Graffiti Enterprises, Inc. for Graffiti
Abatement Services
ABSTRACT:
The Municipal Operations Department contracts out graffiti abatement services to
remove 1,500-2,000 incidents of graffiti per year from public and private property.
Abatement services include graffiti removal, color matching of painted surfaces, and
participating in a County -wide graffiti reporting system.
RECOMMENDATION:
a) Determine that the 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 it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve and authorize the Mayor and City Clerk to execute the Maintenance Service
Agreement with Urban Graffiti Enterprises, Inc. for graffiti abatement services for five
years with a total amount not to exceed $450,000.00.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this agreement for the
remainder of this fiscal year. Staff has requested a checklist item to increase budgetary
funds needed should this agreement be approved. Future years will be budgeted for
appropriately.
DISCUSSION:
The Municipal Operations Department contracts out graffiti abatement services to
remove 1,500-2,000 incidents of graffiti per year from public and private property. The
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Agreement with Urban Graffiti Enterprises, Inc. for Graffiti Abatement Services
June 14, 2016
Page 2
City of Newport Beach is aggressive in responding to incidents and removing graffiti
which discourages future "tags" in the City. It is the Department's goal to remove graffiti
within 24-48 hours of being reported. Graffiti incidents are often reported on the City's
graffiti hotline number or online through the City's Quest system. All affected painted
surfaces are custom color matched on-site by using an airless sprayer to ensure proper
coverage and blending.
The removals prevent and control the further spread of graffiti as well as other acts of
defacement and vandalism of property in the City. Our current contractor is responsible
for removing the graffiti as well as documenting incidents through an online program.
Our contractor photographs, maps and labels each graffiti incident. The documented
data can be shared with other agencies to predict and analyze tagging patters.
In anticipation of the current agreement expiring, staff prepared and posted a Request
for Proposal (RFP) on March 24, 2016. A total of three (3) proposals were received by
the April 8 closing date. The proposals were evaluated by a selection panel of
employees from the Municipal Operations Department on the basis of qualifications,
experience and cost. Each member of the evaluation panel was provided a copy of the
proposals and an evaluation matrix to score the proposals. Exhibit A describes the
criteria used for evaluating the proposals:
Exhibit A: Proposal Evaluation Criteria
Evaluation Criteria
Percentage of Score
Qualifications & Experience of the Proposer
50%
Proposed Project Cost
50%
Evaluation of the proposals encompassed a two-step scoring process. In the first step,
known as the "Technical Evaluation," the panel was responsible for scoring the proposal
against the evaluation criteria. Panelists were not provided the pricing information for
this step. The panelists each scored the proposals individually and the average of the
scores is considered as the Technical Score.
In the second step of evaluation, the Cost Ratio Analysis, the annual cost of service for
each proposer was calculated. The proposal containing the lowest unit cost was
assigned the maximum of 50 points; the other proposals were assigned a score in
proportion to 50 points that represented the percentage disparity between their
proposed unit cost and the lowest proposed unit cost. Exhibit B below summarizes the
scoring process:
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Agreement with Urban Graffiti Enterprises, Inc. for Graffiti Abatement Services
June 14, 2016
Page 3
Exhibit B: Proposal Scoring Summary
Although Quality Commercial Service came in as the lowest cost proposal, they had no
previous experience with graffiti removal services. Superior Properties has only one
graffiti removal account and per their proposal, they did not provide color matching paint
services. Urban Graffiti Enterprises, Inc. scored as the most qualified proposer. Urban
Graffiti Enterprises is the City's current graffiti removal contractor. Urban Graffiti has
been providing local, county and state agency graffiti abatement services throughout
Southern California area for over 26 years. The company provides outstanding
customer service, reliability, dedication, communication, and quick field response times.
Under the new agreement, the cost to perform graffiti abatement services will be
$90,000 per year. Staff recommends that Council award a five year agreement for a
total amount not to exceed $450,000.00 to Urban Graffiti Enterprises, Inc.
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).
ATTACHMENTS:
Attachment A — Maintenance/Repair Agreement with Urban Graffiti Enterprises, Inc for
Graffiti Abatement Services
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TECHNICAL SCORE
(OUT OF 50):
COST RATIO SCORE
(OUT OF 50):
TOTAL SCORE
(OUT OF 100):
Quality Commercial Services
4.00
50.00
54.00
Superior Properties
28.00
34.25
62.25
Urban Graffiti Enterprises
46.67
32.67
79.34
Although Quality Commercial Service came in as the lowest cost proposal, they had no
previous experience with graffiti removal services. Superior Properties has only one
graffiti removal account and per their proposal, they did not provide color matching paint
services. Urban Graffiti Enterprises, Inc. scored as the most qualified proposer. Urban
Graffiti Enterprises is the City's current graffiti removal contractor. Urban Graffiti has
been providing local, county and state agency graffiti abatement services throughout
Southern California area for over 26 years. The company provides outstanding
customer service, reliability, dedication, communication, and quick field response times.
Under the new agreement, the cost to perform graffiti abatement services will be
$90,000 per year. Staff recommends that Council award a five year agreement for a
total amount not to exceed $450,000.00 to Urban Graffiti Enterprises, Inc.
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).
ATTACHMENTS:
Attachment A — Maintenance/Repair Agreement with Urban Graffiti Enterprises, Inc for
Graffiti Abatement Services
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ATTACHMENT A
MAINTENANCE/RBAAIR SSRVICSSI AC RBSMENT
WITH RC R
G RA RF91111 ABAIIBN EN11 SERVICSSI
THIS MAINTENANCE/RERAIR SBRVICBS AGRBBMENT il"Agneerrieni"; is
made and eniered into es ci this day cf (j"Bflleclive Daiie"), by and
between tr e CITY CR NEW RC Rll BEAICF , a California municipal cc rpc ration and
ahairier city (1"City";, and , ai Il"Contrecior"), whcse
address is , and is rriadei wiir refenenaei io it a fcllcwing:
RECITAUSI
A . City is ai rriunicipail cc rpc ratic n duly orgainizEcl and validly existing under thea laws
ci the %liaiei cf Caliic rnia wiir 1r ei power to carry on its business as ii is ricw being
cc nducted under the siaitutes cf the %liaite ci Caliic rnia and the Charter cf City.
B. City] desires io eirigage Ccntractoric perfonm maintenance and/or repair services
fan Ciiy (1"Rrcject").
C. Contrecior Hlcssesses the sH II, exHlenieince, aibility, bacHgrcund, certificaticn and
kno"IedgE tc prcvide the maiintenairicei aind/cr repair services described in this
Agreerrieni.
D. Contraicior hats examined the Iccation cf aill proposeid work, carefully reviewed
and evailuaiteid the speciiicatic ns set is di by Ciiy fan it a Prc.ject, is fairniliaii wiir
all conditicns relevant is the perfcnmance cf seRiices, aind has comniitlled io
perform all "ork required is r tr a cc rripe nsaiic ri specified in tr is Agreeme nt.
NOW, THBREFORS, it is muiLally aigneEcl by and betwleen the undensigned
pairties as follows:
. TBRM
llrei term of iris Agreement shall commence cri the Bffeiclive Date, and shall
terminaiie on , unless terminated earlier as sei ic0 herein.
2. SIBRVICES TC BE PERRORMED
2.1 Ccninaictcn shall diligently perfcnn-i all the services described in the Sccpe
of Services aitllaicheid heretc as Exhibii A and iricc rpc ratEcl heinein by reference
11"Seirviices" cr "Wc0";. As ai maiteinial inducement tc Ciiy einiering info this AgrEiern6nt,
Cc ntractor represents and "airraints that Cc ntractc r is ai provider of finst class work and
Ccntractcr is experiEnceid in performing the Work conternplatEcl renein and, in light cf
such status and a xpe rieince , Cc ritractc r ccvenaints that it shall follcw cc rrimunity
prcfessional standards with the ordinary degree of skill and caret than wculd be used by
other re asc naibly compeitEnt practitioners cf tf ei same discipline under similan
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circumstances, in rledcrmirig the Werk required herEl nder, and that all meierials will be
cif goicd qualiiy.
21.21 Cciritractcir shall perfcrn-i all Work regL ire d to be pe riom`16d, and shall
provide and fL rnish all tf• a labor, mate rials, ne cessarytcc ls, expendable eiqL iprrie rit and
all utility arid transportation seirviceis neicessaryfcrthe Riioject.
3. IIMB OF PERFIO RMA NCB
3.1 Tirrie is of the essence in the rledcrrriarlce cf Servicies under this
Agreerrieini and Ccritractcn shall perform tl-e Services in accordance with irei schedule
incl de d in Exhibit A. In i he absencie cf a specific scihe dule, the Services shall be
performed io Completion in a diligent and timely mariner. The fa ilL ret by Contractor tc
strictly adhere tc the schedule set fc r11• in Bxhibit A, if any, c r perform the Services in a
diligEint and timely rriarrn6r may result in iermination cf this Agreement by City.
3.21 N ctwlithsta nding the 1c regcing, Cc ntra cior shall not be respc nsible is r
delays dLe tc Causes beyond Contrecioir's reaseriablei cicntrol. However, in the case of
any such delay in il•e Services tc be provided far the Prcject, each darty f ereby agrees
to provides notice within twloi (2) cale ndar days ci the occurrence ce using tl- ei delay to the
other pe rly soi if• at all de lays clan be addressed.
3.3 Ccniractcii sl•aII submit ell regsests fcr extensicns cif time foul pericrmarice
in writing to the Projeci Administrator as defiried herein, not later than twic 1121) cialendar
days Ehler thea stars of the ccinditicri that purportedly clauses a delay. The Project
Administratc r she II review all such regL ests and me y grant HE asonable time exte rasions
for unfore see abler delays i f at a iie be y e rid Contra ci or's contra 1.
3.4 Fcii ell time pe ric ds not spe ciifice Ily set fc d f herein, Cc ntra ctc r shell
resrlcrid in il-e most expedient and appropriate manner under ire circumstances, by
fax, l• a nd-de live ryor mail.
4. CC MPENSA TIC N TC CC NTRACTOR
4.1 Ciiy shall clay Contraicior fcir the Servicies on ai time and ei) pe nse net-tc-
exceed basis in accoirdancie waif• the provisions of Ns Sectic n and the Scr edule cf
Billing Rates alta cihe d he retc as 8xhibit B and incc rpc rated he rein by re fere nce. Exciept
as ctherAiise prcvideid he rein, rice rate & a nges shall be made dL ririg the term of if- is
Agreiement withciut thea piicii writtEin aipprovaf cif City. Cciniractcr's compensation for all
Services peirfciirried in aicciordance wiih this Agreement, including all r6mbursable
items, shall nci Exceed Dollars and _A100 II$ 1,
without pricer writilen a rrieindment to ihei Agreiemeint.
4.21 Ccintraicitor shall SL bmii monthly invoices tc City d6scribing thea Work
pe dcirrrieid tl- a preceeding mcinth. Cc ritractc ii's bills sl -all includes the namei and/oar
classificeticri cf emplciyee who pe dcrmed the 1Ncrk, a brief description of the Seirvices
rle do rrried aind/c r the specific task in the Scope of Se rvice s to which ii relates, the date
the Se Riices weuie performed, the nurribe r of hciurs spent cin a II 1Ncirk billed cin a n houiily
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basis, and ai description of any reirribursablei expenditures. City sr all pay Coniraictcr ric
later than thirty 1130; calendar days aifte ii approval cf thei monthly invciW by City staff.
4.3 Ciiy shall reirribursei Coniractor only for thcsei costs cr experises
speicifically identified in Exhibit 8 tc this Agreeirneint, c r specifically apprcveid in writing in
advance by City.
4.4 Contrecior shall nct receive any aompeirisaition for 8x1ra Work performed
without the pricy written auihcrizaticn of Ciiy. As used I^euieiri, "Extra Work" means any
Work than is determineid by City tc be necessary for it ei prc pear compleiticn cf tr ei
Rroject, but % icy is not inaludeid within the Scope of %Seiruiceis and which tr ei parties did
nct reiaiscnably antiaipaitei we uld bei necessary at the exeiautic n of tris Agreeirrierii.
Ccrripeinsaticn fc r any authorized Extra Werk shall be paid in aciccrdariM with Exr ibit B.
5. PRCJECII MANAC ERI
5.1 Cc ntraicior shall designate a Prc,ject Manager, who sl -all ccc rdinaite all
phases of tr ei Rroject. This Project Manager sr all be avaiilablei to Ciiy at all reasonable
tirries during the Agreement term. Coniractor has designated to
be its Projeicl Manager. Ccriiractcr stall not remcvei cr reassign thea Rroject Manager or
any persc nnel listed in Exhibii A cr e ssign any new or reiplaCUrieini personnel tc the
Rroject w ithc ut the prior writilein cc nsent of City. City's approval shall not be
unreasonably withr eld wiih reispeiat tc the remcval or assignmEnt of ricri-keiy peirscnnel.
5.2 Cc ntraictc r, aii the solei discreiticn of City, shall r6rricve from the Prc.jeict any
cf its peiisonriel assigneid tc the perfcrn-iancei of Services c pon writiein reiqueisl cf City.
Coniractor warrants it at it will continuously furnish the necessary personnel to ccmpleie
the Prcject on a timely basis as conteirriplateid by it is AgreenlEnt.
8. ADMINISTRIATICN
This Agreiemeint will be administeiied by the Municipal Operations Deipariment.
City's Utilities Manager cr designees shall be ihE Projeicl Administre1or and shall rave
the alfficrity to act for City under this Agmeement. The Projeici Administratcr shall
reiprEaeint City in all matters peiriaiining tc the Services tc be rendered pursuant tc this
Agreeirrieini.
7. CITY'S RESPONSIBIIJITIES
llo assist Ccntraciior in iter exeicuticn cf its responsibilities undem this AgrEerrlEnt,
Ciiy agrees tc provides access tc and upon reiquest cf Contraicior, c net cc py of all
existing relevant iriformaiicri ori filei at City. Ciiy will provides all such maiierials in ai
timely manner so as riot io cagy set delays in Cc ntractc is We 6 scr eidulei.
a. TYRE AND INSTALLATION OF MATERIALS/STAN DARE] CR CARE
8.1 Contractor shall USE crily the standard materials dEacribeid in Exr ibit A in
performing Servicers undem this Agreiemeint. Any deviation frc rri thea mZteirials described
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in Exhibiil A sr all riot be insta Ile d or uiiliaed urile ss approved in acl� a rice and in writing
by the Rro,ject Adminisilratcii.
8.2 All cf the Services shall be performed by Cc ntre cior cr uride r Cc ntre cior's
surleRiisicn. Contractor iiepiiesents that ill possesses the personnel iiequiiied to perfcnrri
ilhei Serviices reiquireid by this Agreement, and trat ill will perform all Eleirviceis in a
manner ccmmeirisuraie wish ccrrimunity piiofessicrial standaiids and with the crcliriaryl
degree cf skill and care 1 r at w ould be used by other re asc ria bly cc mpete rill pra cftii is rie lis
cf the sarrie discipline under similar circumsdances. All Services shall be performed by
qL alifie d and experienced pe iiso nne I w r o are riot employed by City. By de livery cf
cc rripleted Work, Cc ntra cftor ce reifies that tr a \Nc rk cc reforms tc the re qc ire rrie nts cf this
Agiieerrient, all applicable federal, stellei and local laws and legally reaogniaed
professional standards.
8.3 Ceniractcii nepiieseirits and warrarits Io City that it has, shall obtain and
shall k ee p in full fc iiaei and Effect during the term hereiof, all its sole cost a rid a xpense, all
licenses, permits, qualifications, insurance and appiiovals of whailsoe\er nailure that is
leigally iieqLired cf Clcriiiiactcii tc practice ills profession. Contracior shall maintain a Ciiy
cf Newport Beach business license dL ring the teiirri of this Agiieemeni.
8.4 Ceniractcii shall not be resperisible fcii delay, nor shall Contrecilcr be
respc nsible is r da rriages c r be in della ult c ii dee mod io be in default by reiasc n ell strikes,
lockouts, accideints, acts of Cod, cr thei failures ci City tc furnish timely infcrmaiicn cii tc
a pprovei cr disapproves Ce ni iiactc ii's Work prc rriptly, cr delay or iaully perfc rrria ricei by
Ciily, ec ntracftc rs, or gc\ ernme rital agencies.
9. RESRC N SIBILITY AOR DA MAC ES C R 1W URY
9.1 City and all ofllicers, erriployees and representati\es ilherecf shall nct be
reispc nsible in any manner for any Icss or damage tc any cf thei materials or ctheir things
used or a rriplcyed in Klerk rrriing the Proje ci or fc ii injuryl io c ii de ath of a ny person as e
result cf Contractor's pe rformance of Ill' a Services re quire d here uncle r; c r for dame ge tc
piioperty frcm any cause arising frcrri the performance cf ilhe Prcjeal by Ccntrecilor, cr
its subcc ritractc rs, c r its we rk ers, cr anyc nei employed by either cf llheirri.
9.21 Ce riiliiactc ii shall be respc nsible for any liability imposed by law and fc r
irijuries tc or death ci any perscri or damage tc property resulting frcm defects,
obstructions cr frcrri any cause arising from Contracllor's Work on the Prcjecft, cr the
VVcmk cif any subcc ntraictc r or surlplieir selected by Ccintraictc r.
9.3 Tc thea fullest exte rit permitted by law, Cc ntra cior shall inc a rriniiy, de fend
acrid t c ld I- a rrriless City, ills City Cc uncil, boards and cc rrimissic ris, cfficeirs, agents,
vcluriileeirs, wind emplcyeieis Icolleictiveily, the "Indeimniiied Rartieis"; from and aigaiirist ainy
acrid aill claims I including, w ithc ut limitaitic n, ala ims icir be dily inj L ry, dead- cr da mages tc
property;, demands, obligations, damageis, motions, causes cf aicticri, suits, losses,
jL dgmeiriis, 1 ineis, penalties, liabilities, cc sis acrid expenses I including, withc ut limiiailic ri,
aittcrneys' fees, disbursements and court costs) cf every kind and natuiie whatsoever
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(individually, a Claim; cc IlectivE ly, "Claims"), which may arise frc rri c r in any manner
rE leie (dirE cily or indirEcily) tc any breach cf the to rms and cc nditic ns cf this
AgrEemEnt, anyM6 pErformEd or Services prcvidEd LndEr itis AgrEenient includirig,
withc ut limiiatic n, defects in %orkmansl• ip c r mallerials c r Contra c11cr's presence or
ecllivities ccnductEd cn itE Rrcject (including the negligent and/or willful acts, errcrs
and)lor c rriissicns cf Ccntractcr, its principals, officers, agents, emplcyeE s, vendors,
suppliers, ccnsLltanis, subccniractcrs, enycnE Employed dirEcily cr indirectly by any cf
them cn fcr %t cse acts they may be liable c r any c r all of them).
9.4 N ctwithste nding the fc regoing, ricthing t enE in shall be cc ristruE d io
rEquirE Ccntractcrio indemnify itE IndErrinified Parties frcrri any Claim arising from the
sclE negligEncE or willful misccnduci cf the IndemnifiEd Parlies. No1lhing in this
indemniily shall be constnLEd as authcrizing any award of attcnriEys' fEes in any ac1licri
cn or tc erifcrcE the terms cf ftis AgneEnient. 11his indErrinHy shall apply io all claims
and liability rega rdlE ss cf "tether any insurance pc IiciEs arE applicablE . The policy
limits do not ac11 as a limiiallicri upon ihE arricunt of indemnificaiicn tc be prcvided by
Contra c11cr.
9.5 Ccriiractcr stall pEdcrm all Work in a manner tc minirnizE public
iricc rive ME ncE and passible hazard, tc rE s11crE other work areas tc thein original
ccndillicri and former usefulness as scon as pcssible, and 11c prctEci public and privatE
property. Ccniractcr shall be liable fcr any privalle or public prcperiy damaged during
11hE perlcrrriaricE cf the Work by Ccntracllcr cr its agents.
9.6 Tc the extent authorized by law, as rriu& of the rricriEy duE Ccritractcr
undE r and by virtue cf the AgreEment as shall be considered necessaryl by City may bE
retained by it until dispcsiiicri has bEen madE cf such suits cri claims far damages as
afc rese id.
9.7 The rights and cbligeiicris set forth in 11his lection stall survive ihE
ierminaticn of this AgreErrient.
10. INDER9NDENT CON IRA CTC R
It is understc od i t at Clity retains Ccntractcr c ri an inc E PE rident cc ni ractc r basis
and Ccrillractcr is not an agent or emplcyeE cf City. ThE manriEr and mEans cf
ccridLciing the M0 arE under the contrcl cf Ccntractcr, except tc the ExtEnt they arE
lin'iited by steiulle, rule or regulaticn and il•e Expressed tErrris of this AgreErrierii. Nc
civil service status or other rigt t of Uriplciyrrieint shall accrL e to Contractor cit its
emplcyeEs. Nothing in this AgreEimerii shall be deErrieid tc cons1i11utE apprcval fcr
Ccntractcr cr any cif Ccniractor's EmployEies or agents, io be the eg6nts cr EirriplcyEieS
of Ciiy. Ccntractcr shall havE ilei respcnsibiliiy for and ccritrcl aver the mearis cf
pE dorming 11h6 Wcrk, provided it at Ccntractcr is in cc rripliancE with the tEirrris of tt is
AgrEement. Anytting in this AgreiEmEn11 itat may appeiar io giver City the righi to direct
Ccintractc r as tc the dellails cif the PE rformancE cf thEi Work cir io Exercise a measure cif
control ovE r Contracior st all mea n only that Contracllor she II foillcw th6 desires cf City
with respect tc the resp Its cif ihE Servicers.
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1 1. COC PERATIC N
Cc ntraciic r agrees tc we rk closely and cec pE rate fully with City's designated
Prc jEic1 Administrator and any other agenciEs that may f ave jurisdictic n c r intE rest in the
Wcrk tc to performed. City agreeis io cc operate with Ccntractcr on the Rroject.
12. CITY PC UICYI
Contractor sl -all discuss and rE�iEw all rriattEls relating tc pclicry and Rre.ject
direclieri witl City's Prcjecft Administealor in advancE of all critical dEcision pcints in
c rdE r tc Ensure f hEi Prc jE cit prc cE eds in a mariner cionsistE nt with Cily goals and
policies.
13. PRC G RESS
Contractee is rEspcnsitlE for kEieping the PrcjEcl Administrator infcrrried ori a
iiegL Ie r basis regarding the status and progress of the Prc jECt, e ciivities perfc rrr1EcI arid
planned, and any mE etirigs that have bE en scihEidulEd or are dE sieE d.
14. INSURANCE
Witl cul limiting Conteaclor's indErrinification of Cily, and pricrtc ccrr1mEncETr1Ein1
of Work, Ccrilractcr shall obtain, provides and maintain at its cwri expense daring 1hE
tErm of this AgrEiemEnt cr fcr other pEiricds as spEcified in this AgrEemEnt, policiEs cf
insure ncE of the lypE, amounts, t6rms arid cc nditic ns describE d in tl- Ei InSI ra ncE1
REiquirE rr anis alta chE d heireitc e s axhibil C, a nd incorporated heirE in by refe [16nce.
1 1!I. P REMAIIJI NG WAG SSI
RursLanl tc the applical:16 prcvisions of tl-e Labor Ccde of tl-E States of Califcrnia,
ncl less than 1hEi general prevailing rates of pE r diem wagers including leigal holidays and
ovE rt imE "eek fcr Each craft or type cf we rkman needed to EXECL to the Werk
ccritempleled ender the Agreement shall be paid to all workmen eimplcyed on thea Wcrk
to bE donei according tc the AgrEiemEnt by 1hEi Conlracter and any subccritractcr. In
accordance with the Califcrnia Labcr Code (Secticns 17171C et seq.,, 1hE Director of
Industrial Relaticns has asceirtainEd 1hE gErieeal prevailing ratE cf peso diErr wages in the
Ic cality in which thea Work is to be pE rlc rmEd for Eiach crafil, classificatic n, oe type of
we rkman cr rrie&anic neEdEcl tc exEcutEl the AgreErrieni. A cerly of said delerminalicn
is aveilablEi by cialling the prevailing wagE hclliriE nurribEr (415' 710471714, and
r6queisting cinC from the Depeirtmeinl of Industrial Rleilaticns. The Contiiactoir is rEiquirecl
to cbtain the wage d6leirminetions from the DepartmEnt cf Industeial REilations and post
at 1hE jc b site the preve iling Bale or pear diEirn wagers. It sl• all bEi the c bligatic n of the
Conteactoe cr any subccrilractcr und6r hirriftU tc comply with all StatEi cf Celifcrnia
labor laws, rules and 116gulations and 1h6 parties agree i that the Cily shall not be liable
fcr eny violalisn fteBeef.
PagC 6
14-9
16. PRC HIBITIC N AGAIN ST ASSIGNN ENTS1 AND TRANSRER.8
Except as specifically authorized under this AgrEiemEnt, the SET%1iCEs to be
provided undEir this AgreEMEnt shall not be assigned, transferrEd conbiected or
subcontracted out without the prior writien approval of City. Any of the following shall
be coristruEd as an assignment: The sale, assignmEint, transfer or otter disposition of
any cf the issued and outstanding capital stock of Contractor, or of the interest of any
general partner cir jciint vEntuuer cm syndicate mErriber cm cotenant if Cciritractcir is a
paririership cr joirit-vents rE or syndicate cm cotenancy, which sl -all result in changing the
cioiniroil of Ccintractcir. Control mea ns fifty percE nt (50%,' or more of ihE voting power or
twerity-fivE PE rceni 1125%) or moire of ll- a assEts of the ccirpciraticin, partnE rship or joint-
ve ni urea.
171. SUBCONTRACTING
Tl- e subcontra ciiors a 0 he rizE d by C ity, if any, tci pe dcirm W Dirk cin this Rroject a ue
ideniifiEd in Exhibit A. Ccintractcir shall bE fully responsible to City fcir all acts and
crnissions of any subccintractcir. N oithing in tl- is A grE ement shall crE atei e ny contra ctue I
relationship bEtWeen City aind any subcontractor nor shall it crease any obligation on the
part of City io pay car lo sE a to the payment of any mciriiEis dL a tci any such
subcontracitor citl-er than as oitheinNiisE required by laity. City is an intEnded b6nEficiary
cf any Work performed by the subccintractcir for purposE s cif eisiablishing ai duiy of care
behNEien the sL bcontra cior and City. Except as spE ciificailly a uthorizEd hE rein, the
SEirvices to be provided under 1 his Agreement shall ncit be othE rvuiise assigned,
trarisferued, cciritractEd orsubccintractEd cut without the priorwrittEn appuoval of City.
'8. C WNERSHIP OF DC CU MEN 11EI
Each and every report, duafil, rriaip, record, plan, document and other writing
produced (hereinafter "Documeints"), preparEd or causEd tci be prepared by Coniractcir,
its cifficers, employees, agents and subccintracitors, in the cciursE cif implETriEnting tHs
AgreemEnt, sl -all bEcioimE the exclusive puopeirty of City, and City shall lave the scale
right tci use such materials in its discretion without further corripensaticin lo Contractor Dui
any othEr party. Contractor shall, at Contractor's experisE, prcivide such Dc CI meints tci
City upon prior \&rittE n requESt.
191. CC NFIDEN 111ALIITY
All Dccumeints, including drafts, preiliminaryl drawings or plains, rioters end
communications that rEisult from ihei SERIicES in ihis AgreEMEnt, shaill be kepi
confidEntiail urilEss City ExprEssly authorizes in writing the rEleasE cf information.
20. RECO RDS
Cc riiractc r shall keep re cords and invc ices in cc nnection with tl- ei Servicies tc bEi
pEirformEd under this AgrEiemEM. Contractor sheill maintain complEte end acUratEl
reccrds with respeict tc ihE costs incerrEd under this AgrEement end any SEirvicEis,
expeindittrEs aind disbursEirrienis aheirgEd to City, for a minimum period of ihme (3;
PaigE 7
14-10
years, cr for any Icriger period required by law, from tre detE of final payment lo
Ccntractor under this Agree rrient. All such 11ecc rds and invc icE s shall be ClE a rly
identifiablE. Ccntractcr shall allow a representative of City tc examinE, audit and make
11ranscripla cr copies cf such records and invoices dLririg rEigula11 businEss hours.
Contractor shall allow inspection cf all We11k, data, Docurrieinis, preceEidirigs and
activitiEs rElatEd tc ihE Agneerrient for e period of three 113) years from tre date cf final
paymE nt to Ccntractcr L nde 11 this Ag11eEirrient.
21. WITHHOLDINGS
City may withhold paymEnt to Ccntractor cf any dispL11ed surras unllil satisfaction
cf the dispute with respect tc such payment. Such withholding shall not be deErried to
cc nstitute a failure to pay accc rding tc the perms of this AgreE rrieni. Ccntractor shall nct
disco ntiriuE We 1111 as a nesull of such \Aillhholdirig. Ccntractcr shall havE an irrimE diatei
right lo appeal to the City Manager cr his/her designee with re spE ci to such disputE d
SLMS. Ccntractcr shell be E ntitlE d to receive inte nest on any withheld sums at 11hE nate cf
rEiurn chat City Earned eri its investmEnts during ihE 1imE pEricd, from ihE dale cf
withholding cf any amounts found to havE been irrip11operly \Aillhheld.
2 2. CITY'EI RIIC HT 11C EMF UCY OTHBRI CC NTRIACTOREI
City resErvesthe right tc emplcyothEr ceniracte11s in ccrinecticn watt tre P11oject.
23. CC h RUICTS C R INTEREST
23.1 Contractor or its erriployEieis may bE subject to the provisions of 11hE
Ca life rnia Rolitical Refc rrri A ci cf 1X74 (the "Ac11"), \Ahich (11) requires such pE rso ns tc
disclose any financial interest chat may foreseEably be rriate11ially affected by 11hE Wcrk
pErtormEd under this AgrEement, and 1121; prohibits such persons frcrri making, cr
participating in making, decisic ns that will forEseE ably financially affect such irilerEsll.
X13.e If subject to tl-e Act, Cerilractcr shall conform to all requirements cf the
Act. Failure to de sc constitL11es a material b11each and is grounds for immediate
termination cf this AgrEement by Ci11y. Contrecllor shall indemnify and hold I-a11mlEss
City for any and all clairris for darriageis 11esulting frcrri Contractor's violation of this
SEcticn.
24. NC TICES
214A All ncticE9, dEmands, requests or apprcvals, iriCILding any changE in
mailing address, tc be given urider ihE tE rms cf this Agreement shall bE given in A riting,
and conclusively shall be deEmed served when delivEred pErsenally, or cn the third
bLsiriess day afte11 the dEpcsit thEreof in 11hE United StatEs mail, pcstagE prepaid, first-
class mail, add rESSE d as herEinafiler provided.
214.2 All nctices, demands, 11egLests e11 apprcvals frcrri Contractor tc Ci11y shall
be addrEssed tc City at:
Page 8
14-11
Attn: Utilities Manager
Municipal C peratic ns Depart merit
City cf New pori Beach
1 C 0 Civic Center Drive
RC Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requesis c r approvals frc m C ity tc Cc ntracior shall
be addressed llo Cc ntracior at:
Atiln:
251. CLIAIMS
Lniess a shcrieirilime is specified elsewhere in This Agreement, before making ills
final r6clL est fcr payment under this A glrEiement, C cni ractc r shall submit tc City, in
writing, all clairris for ccmperisaticn under cr arising ori cf this AgrEiemEint.
Cc ntractc is acceptanCEi cf tV a final pay mEirii shall constii utei a waiver cf all claims fc r
acmperisation under cr arising CLI cf tVis Agreement excerpt tVcse previcLsly made in
writing and identified by Cc ntractc r in writing as unsettled at the time cf its final request
fcr payrrieirii. Contractor and City Expressly agree that in addiiicri tc any claims filing
requirements set fc d r in the A greeiment, C ontractc r shall be reqs ired lo, file any claim
Ccntraaior may Vave against City in strict ccnfcrmanae will h thEi GcvEirnment Claims Act
IjGovernrrient Code sections 9CC et segl.'.
216. TBRMINATICI\
26.1 In the event ilhat eillhEir party fails cr refuses to peirfcrrri any cf thei
prcvisicris cf this AgreemEirill at 11 he times and in the manner required, tV at party shall be
deemed in dellault in thEi peirfcrrriance of this Agreerrieni. If such defaulil is not curEid
witV in a period of two (2) calendar days, or if morel than twc (2) calEindar days are
reasc nably required tc cure the default and tr a defaulting party fails tc giver adequalle
assurance ci due perfcrrrianae within two 112) aaleindar days afiler rEiCeJpt cf written
nc lliCEi cf defaL It, specifying tV a natures of suah deifaL It and llhe sileps nEcEissary tc cure
suah default, and thereafter diligEiriilly take stEips io CL ret the default, the ricri-defaulting
party may tEirrninate thEi AgrEiemEint forthwith by giving tc tl-Ei defaulting party written
notiCEl theirECf.
26.2 Nctwithstanding the abcve provisions, City shall rave the right, at its solei
and absolde discretion and witrcLil cause, of ilerminaiing This Agreement at any time by
giving) nc less Than seven (17) calendar days' pricr writilen notice tc Contradlor. In the
Eiveni cf ieirminaticn under tV is SEiCiic ri, City shall pay Cc ntracgc r fcr Services
saiisfactcrily pedormEid and ccsts incurrEcl up tc thei EiffEiCINEi date cf tEirminaticn for
which Ccntraaior has not bEien previously paid. Cn the effEdivEi dates ci termination,
Race i 9
14-12
Cc ntracior sr all delivem io City all reiports, Dc currieirls and other informaiic ri develc pec
or accumulated in thea plerfc rrriaricei cf this AgrE Errient, wr eitheir in draft or final fcrrri.
271. LABOR
27.1 Cc ritractc r shall confc rm " ith all applicable prc visions of state and federal
law including, bct nci lirnited lo, applicable pircvisic ns of thEi federal Fair Labor
Standards Act ("FLSA") 1129 LSCA § 201, et seq.;.
27.2 Wheriever Contractor ras knc%ledge that any actual or plotential labor
dispL to is delaying c r it rEiatens to delay the timE]y peiric rmance of this AgreEirrieini,
Contractor sl -all irrimediaieily give w ritilein nctice tc Ciiy, and provide all relevant
iriformatic n.
27.3 Cc ntractc r reprEiserits that all pEirsa ris we rk ing L nder this Agreemeint are
verified to be U.S. aitiaens cr pleiisons legally ac theriaed 110 "ork in the UnitEid E-111ates.
27.4 To the fullest exteini permitted by law, Contractor shall indEirrinify, defend,
and hcld harmless City, its City Ccuricil, bcards and commissions, officEirs, agents,
vclunteers, and eimpllcyeiEis from Icss cr damage, including but nct limited tc attcrneys'
fees, and cireii ccsts cf cefense by reason cf actual cr alleged viclations cf any
applicable fedeuial, state and Iccal labor laws or law, rclEis, anc/or regulations. Tris
c bligatic n shall sL rvivei the expiratic n and/c r termination cf thea Agreerrieni.
28. STANDARD AROMISIONSI
28.1 REicitals. City and Contractor acknc%ledge trat thEi abcvei Recitals are
true and ccrrect and are hereby incorporated by siefesiencei.
28.2 Ccmpliance wilt all Laws. Coniractcsi :shall, at its cwn cast and expense,
cc mply with all statutES, ordinancies, regi laiioris and requirEMEnlls cf all gcvernrrierital
Elntities, including federal, slate, cc c my c r rriuniciplal, whell her new in fc rce c r r ereiriafter
Einacted. Iri addiiicri, all We rk preparEid by Cc ntractor sr all confc rm tc applicablEi Cil Y,
cc urity, state and federal laws, K les, r6gulaiicris and permit reigL iremEints and be
sc b.lect to aplpsic val of the Prc jecit Administratc r and City.
28.31 Waiver. A waiver by either plarly of any breach, cf any term, covEiriant or
condition coniairied herein shall nct be deemed to bei a w aiveir of arty sc bsegc erit
breach of the same cr any other teirrri, covenant cr condiiiari ccritainec herein, whether
cf the sarriei c r a differEint charactEir.
28.4 IntEgratEid Contract. This AgreiEirrierit rEpIresents the full and cc rriplete
cndeiistanding of every kind or nalurEi whats06\er bEItWElen the parties hereto, and all
prEiliminary riEgotiaiicris and agrEErrieints of whaiscever kind or naicret are merged
r ereiri. N c vembal agrEiemEint or implied covenant shall be held tc vary the plrcvisions
r E reiiri.
Page 10
14-13
28.5 Ccriflicts cr InCerisiStEricies. In ihE EvEn11 them area any ccnfliclls or
irsccnsistencies beitMein this Agre TrlEnt anc ih6 Scope Of SEirvicEis or any ether
attachmE nts attacheid l Eretc, if E teusrris of tl is AgrEiemEint shall govEirn.
28.6 Interpretatic n. ThE tern's cf ihis AgreEirrierii shall be construEc in
acmiclance Wtl- the rrEaning cif the language usEd and shall not be ceristrued for or
against either party by reascri cif 11h6 aL11hcrship of the AgreeimEint cr any othEr rLIE cf
ccinstruciicn which might Cil' Eirwise apply.
28.7 Amendments. Tl- is AgreemEint rr ay be modified cr amE nded c my by a
"ritien dccumEnt executEd by b& Ccintracioir and City and approved as tc forms by thea
C ity A tic rnE Y.
28.8 SeVE rat ility. If any tE rm c pertioin of 1 his AgrE ement is hE Id tc bE invalid,
illEgal, cr ollhEirwisse unenforcEablE by a court cif ccirripEitent jurisdiction, the rerraining
provissic ns cf 11 his A grEiement shall continue in full force arid EIffE Ct.
28.9 Cc ntrelling Law and SIE nue. The laws cf the Staie cf Califcirnia sl• all
govErn tHs Agneerrient and all matters relating io ii arid any acllicin trcugl•ll r6lating to
this AgreEirrient sl• all be adjL dicatEd in a cciurt cf ccimpeitent jurisdiciicrs in tl- e Cep my cf
Oranges, Stall of CaIifc rnia.
28.1 C Equal C pportunity E rr plcyrr ent. Cc ntractc r rE prE seniss 11hat it is an Equal
c pportunity E rripleyer and it shall not discriminatE against any SL bcontracllor, E mployE E
cr applicant for emplcyrr e nt bE cause cf races, redigicus creed, color, naticinal cirigin,
ancesllry, physical hanc icap, mEK ical condition, rrarital sllatus, sex, sexual c riEintatioin,
agE c r any ollhEir impeirmissiblEi t asis undEir law.
28.11 Nc AttcrnEivs' Fees. In the Event cf any dispLlle cr legal action arising
underllhis AgrEemEnt, the prevailing party shall nci be ErsllitlEc lo atlorneys' fees.
28.12 Cciunterpasls. This AgrEemEnt may be exEcutEc in twlo 112) cr mcrE
coursllerparts, each of which shall bE deemed an original and all cf which tcg&er shall
constitUe one 111; and the sarre insllrument.
[SIC NAI URBS C N NEXT RAGE]
Pagel '11
14-14
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:
EM
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
�+�++ 63jotrJlc.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Date:
By:
Date:
By:
[END OF SIGNATURES]
Attachments: Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
a
Page 1
14-15
EXHIBIT A
S CC PIE OR SERVICES
Graffiti Adaie me nt Seirviciesi
1) Contracior will access ire Couriiy's Internet perlel icr Tracking Automated and
Craffiti Reperiing System (TAGRS; tc uplcad phctcs cf the guaffiti as well as input
informaiicri requested by the Cperaticns Support Superinterident.
21) Reqs ire d able nda nce at c rie training by ire C uange Cc unty Sheriff's De pa dment on
how to utilize 11AG RS tc uplcad the necessary infbrme tic ri.
3) Contra cior will take photos cil ire guaffiti; L plead the phcios to TAGRS; and input
informatieri uegarding the size, location, descripticn and ccsi cf repair. -Ire
C pe rations SL ppert Supeuinterident will the n verify ink rmeticn and cemplete repot.
4) Contracior will be re spc nsible is a supplying and paying icr the smart pr c rie
de vice (s) and/or serviae(s) necessary tc cc rriplete the L pica ding ei the ueqL ire d
information tc TAGRS tr a se me day it E work is Completeid.
5) Cc ntra cior will be requiued to submit an activity reipc ri tc the U tilitiEs Manager, or
de signe ei.
P, -M e a ctivity ueport is a list including thea Ic catic n c fl tr ei graffiti, types, dale, a rid
the nL mbeir oil he urs that ii tcok to cemplete tr a work.
ii; TI^ e activity re pc rl will t e submitted daily din pe use n to the L tilitie s manager's
ofilice at 8:00 AM. At this time irei City will prc%ide ire CeMuactcu with
additional work assigrime nts, if neceissa ryl.
iii) Irneiceis should to submitteid en a weekly Iasis.
6; Cellbackiemeil requiueid within cne houu after initial request ircrri the City ikr graffiti
re mova I.
7; Ccntracftcr must tei available for same day reisperise, inCILding weekerids, and
he lidays.
8; Ccintractcir is responsible for sL pplying all Materiels neceissa ryl to perform the
services ueqL eisteid in this sccipE cf we rk, inaluc ing, but ncii limited ioi: pains,
graffiti/adhesive reirnCVEir and citheir ClEaning supplies.
9; Ccintract will utilizes a pprcpriatE methc d of cc ve uing cir re rriciving gra ffiti ccinside ring
tr a partiCL lar surface and conditions SLch as pe in ing, pressure washing, wet
sandblasting and/cir ncn-ccirrosive sclveint removal lernircinmentelly safle).
Rage A-1
14-16
10) Where ccilcr-rriatching is specified, all paints used shall match existing calors tc the
sa tisfactic n ci the C iiy. The C o ntnactc n shall receive not a c diticina I cc rripE nsa 1 is n Io
re pa int in matching coloir.
11) Normal working hciurs sl -all be betv%leein ihE hciLrs ci 7:00 a.rri. anc 4:30 p.m.,
Mc nday thrc ugh Friday.
'12) All corrEispcndence shall be adduessEd tc Utilities ManagEir, Municipal CpEraticins
❑epartmEint, City ci Nevti pc d Beach, P.0 . Bcix 176E, Newpc ri Beach, Ca lift rnia
92E 5E -8915.
13, All work shall be performeid in a manner comrriensuraiei wish ccrrimunity
l:IrcJEissic na I standards and with tl- e c rdina rydE grE e ci skill and ca ue i hat lA ould be
L sed by other rEascina bly compEtE nt practitic ners cf the seme discipline L ndEu
similau circumstances. cItandaiids and freiquEncies may be mcidiiied ircm timE tc
tirrie as deE rriEd nEicessary by the City fcir the prc pEir maintenance ci the sites.
PEgEi A-2
14-17
EXHIBIT B
SCHEDULE OR BILLING RAVES
CCST FILE
k,sbLicticns: Proposers mayl submit Fl►icirigj infc►mation an thleir own fcrms blut t/;lis
Aroplosal Ofier Fotm mus t a/sc be completed.
Pricing Scenario #1
Hourly Rate
Alfa er Hours Rate'
Minimi m He urs
Ncilice2
911carrl (leaning
9aridblasiting
Graffiti Removal
Sticker Removal
Cltheu:
Pricing Scenaric X12
Casit peir IV cin11h
All inalusiive graffiti
abatemerit service
Spray Painil (Can) Plo in t (Quart) Paini9 (1 Gallon) Pa incl (S Gallon)
Unit Prices
. A fte n Haurs Ratei shall Mei any time outside of tllei normcil business hours c f Mcir day, —Friday, 7:00 am —4:-'51C
Pm.
.I. Notices is thea amour 1 ci time the cantrador neieds to repcirl to thea jab site after the it itied reique s1 My thea
Mar ageir.
3. Mciur/yrcdeshah ireiluae ad fyicderials, looi1s, irsurarcieis,, vehicles, lrarisplortalkin, eitci. rieuiessary to da the
K orll roque stead in thea Scopes of I eru iv ies. Aor larger pra feic its requ it g thea use of cidditionall pain t, thea unit
prides jar paint may de useid along with the haunly rate.
The undeirsignad ciertifies that s ubmissior of this Arcipos til is made wilMaut prior ur deirstcir dir g,
arrangement, agroe mitr l,, cir ccir neral icer with any ccirparalicir,, firm or person s ubrritting a Arcipcii
the s time sierviciesi,, and is it mH reii fair cir d without ccibusiior of frau d. The undersiclr eid cieirtifiesi l hat
1heN ilci�e not enterac into any array clamicir 1 or agroe micir 1 with any City of Nowport Beach pu blin officieir.
The undersigned undeirstor cs nolilusivei pracitici is area violaticir cif State and Rideiral Jaw cir d can re__<iu It in
j,inesi,, prison sear Ienne_<I, and ciuiJ cam aclei ciwards.
RrolPoseir Signatures
Rrinteic Name wind Title
Date
11
Page B-1
14-18
EAHIBIT C
INSL RIANCE RIEQUIREMBNTS — MA IN TBNA NCE/RIBRAIR/JANITORIAU S ERIVICES
1. Rrevisic n cf Insurance. Without limiting Cc ntractc is indemnifieatic n cf City, and
prior f c ccirrirrie nce rrie of cf Work, Ccintra ctc r shall cibta in, provide and maintain at
its cwn experise dLring tl-e Perm of this Agreement, policies cf insurance of the
type and amounts described beICW and in a lcrrri satisfactcryl to City. Cerifractcr
agrees to provide insurance in accordance with requirements set forth here. If
Ccritractcr uses existing ccverage fo cemlaly and that ccverage does rict meet
these reiquireiments, Conf iacton agnees to ameinc, suppleiment or eindorse thea
existing coveiragei.
2. A ccepfable Insurers. All insurance policies sl• all bei issL ed by an ins ra rice
company CLrrently aufhciized by tl-e Insurance Ccrrimissicnear tc transact
business of irisuranee in the rIfafe of California, with an assigned pclicyhclders'
Rating of A- Iter I-igher; and Financial Size CategerYl Class VII (Jor larger) in
acccrdancei with the latest edition cf Best's Keay Rating GLide, unless etherwise
aprlrcved by the City's Risk Managen.
3. Cave rages Regl ireme nts.
A. We rH ers' Cc rripensaticin InSI ra rices. Cc ritractcir shall ma inti in We rkers'
Compensation Ins raricei, statute ry limits, and E rriplciyer's Liability
Ins rarice with limits cf at least crie million dcillars ($1,000,000) each
accident icr bodily injury) by accident and each emrllcyee fcr bodily injury
by disease in acccrdancei with the laws cf the State of California, Section
3700 of tl- a Labor Cc &.
Conlraefor shall submit tc City, along with the ce `Iificat6 cf insL re nce,
a Waiver cf SL bnegatie ri endorsement in favor cf City, its Cffice rs,
ageints, a rriplciyeieis anc vc IL ntee rs.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, it necessary), urribrella liability insurance, with
ccverage at least as bread as provided by Insurances Services Offices form
CG 00 01, in an amount not IEISS than cries millicri doillars (1$'1,000,000) per
occL rre nce, twlo million della rs 0$2,000,000; general aggregate. Tf e
pcilicy sl -all cover liability arising )nom pr6rriises, operatioins, pnoiducts-
cemplefed operations, personal and adve rtisirig injury), and liability
assLmec under am insLrec centnact (lincluding tl-ei tort liability cf another
assn mec in ei business contract).
C. Autcrricbile Liability Insurances. Cenfnactcr shaill rriaintaiin autcirricbilei
insura ncei alt least cis broad as Insurance Slerviees Cffiee lcirm CA 00 01
covering bcidily irijcry and property darriagei 1cr all activities cif Ccntraicftor
arising cut of cir in eoinrieictien with Work to be performed undeir this
Agreement, including cc\erelg6lcir any owned, hined, non -owned or rented
Rage C-1
14-19
vehicles, in an amount riot less than oriel million dollars (11,000,000;
combined singles limit eiach accide rii.
4. Ctheir Insurance Requirements. The policies area to ccrillairi, cr ke eridcrseid tc
contain, thea fcllowing prcvisions:
P. \Naive r of Subrogatic n. P II ins rance coveuiage maintained or procuneid
pursLani to chis Agreement stall be endorsed tc waive sukrcgation
against City, its a le cied or appointed office rs, agenis, officials, a rriplcyees
and vols me ers c r shall specifically allcw Contracior c r others providing
insurance evic a nce in cc mpliance with tl^ ese re qL ire rrie nts tc waive thein
right of re Clove ry pric r to a Ic as. Cc ntractc r here by wai\ es its c w n right c f
recoveiry against City, and stall require similar written express wai\ers
frcm eacl^ of its subccnsultants.
BI. Additional Insured Status. All liability pclicieis including general liability,
products and ccrripleted crleraticris, excess liability, rlclluiicri liability, and
automobile liability, if negc ire d, shall rlrcvide or be endc rsed io prcvide that
Cilly and its cffice rs, cfficials, emplcyeeis, and age nts shall be included as
insuneids L nder such policies.
C. Primary and Nc n Cc ritributc ry . All liability Clove rage shall apply on a
primary basis and sr all not regL ire coMnibL tic ri from any insurance c r self-
irisuranae maintained by City.
❑. Notice cf Canaeillation. All pcliaiES shall prc\ide City with thirty (30)
cale radar days notice of carice Ilaiic ri (Eixaept fc n nc npayment fc n which to n
(10) cale radar days notice is r6qL ire d) c r nc nre ne wal cf Clove rage fc r each
reiquired Cloveiragei.
5. Additional AgrEieme nts Betweein the Rartie s. The parties hereby agneei tc tt e
fcllcwirig:
A. Evidence cf Insurance. Ccriinactcn shall pnovice certificates of insurance
to City as evidence cf the irisunanae coverage reiquirec herein, along with
a waiver of subrcgation a ndcrsemEint fc r wcnkers' compo nsaiicri and cther
endc rseimeints as speiClified t ere in for each cove rage. Irisunanae
certificates and endorsement must be approved by City's Risk Manager
prior tc ccimrrieinceiment of pErformeincei. Curreini certification of irisunanciei
shall be kel:li on file wilt City at all times daring the term cf this
Agreemeint. City neseirves the right to require completes, certified ccpieis of
all required inSL rance policie s, ai any time.
B. City's Right tc ReMS6 Reguineirn6nts. City reservES the right at any time
c using the tHirri of the Agreieiment to changes thea amounts anc typeis of
insurance rEiquired by giving Contractor sixty (EO) Clalenc an days advance
writtUi notice of such changes. If suet changes results in substaritial
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addificrial cost is Contracior, City and Ceniiiactcii may renegctiatei
Contracicr's compensation.
C. Righi tc Review Subcontracis. Cc ntractc r agrees that upon request, all
agreements Wit subcc ntracftors c ii others %itt "t c rri Contracior enters
info ceniracts with on behalf of City will be submitted tc City for review.
Hailurei of Ciiy tc regLest cepieis cf suct agreements will nct impose any
liabiliiy c ri City, C111 its a rriploye es. Cc ntractc r shall re quire and ve rifyj that
all SL bcontracters rriaintain inSL rarice meeting all the regL ireme nts staled
herein, and Contractor shall erisure ttat City is an addiiicnal insured on
irisuranee reqs ired from subcontractors. Ror CC L ccverage,
subccntracgors stall prc%ide coveirage with a format at least as broad as
CG 20 38 04 '13.
❑. Enforcerrieni of Agreeirrient Prc%isions. Contractor acknowledges and
agrees that any actual cr alleged failure on itE part cf City tc irifcrm
Contracior cf rieri-ccrripliarice with any requirement irripcses ric additional
obligations cn City nc r does it waive any rights hereunder.
E. Reqs ire rrie rats net Limiting. Reqs ire rrie rats of specific coveuiage features
c r limits contained in this Sectic ri are not intended as a limite tic n on
ccveragei, limits or other mquirements, cr a waiver of any coverage
normally provided by any insLrarice. Specific reference tc a givein
ccverage feature is 1cr purposes ci clarification only as ii perieins io a
given issL a and is riot intended by any parly cr inSL red tc be ell inclusive,
cr to if•a exclusion of other cc%erage, or a waiver of any type. If tte
Contracior maintains higter limits than if E minirriums sf cwn above, the
Ciiy requires and shall be entitled to coverage for higher limits rriaintained
by thea Ceniractcr. Any available insurance proceeds in excess of the
specified miniMLM limits cf insurance and cc%erage shall be available to
the City.
F. Self-insured Retentions. Any self-irisured retentions rriust be declared to
and approved by City. City reserves thea right io require stat self-insured
retentions be eliminaied, lowered, or replaced by a dedLctiblei. Sleli-
insure nce will not be coinsidered io comply with these requirements unless
approved by My.
C. City Remedies for Noin-Ccirripliancei If Contra ctoir oir any sub -
cc nsuliantfails te provide and maintain insLrarice as required herein, then
City shall have the rigH but net the obligation, io purchase such
insurance, tc terrriinate this Agreerrieni, cr tc suspend Contractor's right is
praceeid until proper e%idencei cf irisurance is provided. Any emciL nts paid
by City shall, a 1 City's soile cipticin, be deducte d from arric L nts pay able tot
Contractor or reirribl. rsed by Contractcir uperi deirriand.
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I-. Timely N etice cf Claims. Centracten sl - all gives Ciiy prc mpt and iimedy
noiicei cf claims mace c r suits instituted that arise out cf c r result from
Contra cior's peirforme nM under this Contra ci, anc that invclvei or may
invelvei coverage under any of it ei required Iia bility pclicies. City assumes
nc obligation or liability by such ncticei, but has thea right (but nci tl-ei duty)
io me nitc r the handling cf any such claim c r claims if ihey area likely to
invclvei Ciiy.
Cc ntracior's Irisuranae. Contne ctor sl• all alsc pnocurei and me intain, at its
awn cc st anc eixpeinsei, any e dditic ne I kinds of insune nce, which in its awn
judgmeni may be neMssarYl fcr its proper prciecticn and prosecution cf
ihei VVc rk.
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