HomeMy Public PortalAboutAgreement_2024-02-01 to 2026-07-01_Ultimate Maintenance Services, Inc._Janitorial Services city facilities_23-014CAgreement FOR
CITYWIDE JANITORIAL SERVICES
Between
THE CITY OF TEMPLE CITY
And
ULTIMATE MAINTENANCE SERVICES, INC.
Dated
JANUARY 16, 2024
Agreement FOR
CITYWIDE JANITORIAL SERVICES
This Agreement for janitorial services ("Agreement") is entered into as of the date
referenced on the cover page ("Effective Date") between the City of Temple City, a
charter city and municipal corporation ("City"), and Ultimate Maintenance Services,
Inc., a ("Contractor") (collectively the "Parties"). In consideration of the mutual promises
and covenants made by the Parties and contained here and other consideration, the value
and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Term. Subject to the provisions of Section 9 [Termination] of this
Agreement, the term of this Agreement is for two (2) years and five (5) months
commencing on February 1, 2024 ("Term"). The Agreement may be renewed for up to
an additional three (3) years upon mutual consent of the Parties.
1.2 Contractor Services. Subject to the terms and conditions of this
Agreement, Contractor agrees to perform for City those tree maintenance services
specified in the Scope of Services attached hereto and incorporated herein by reference
as Exhibit "A" [Scope of Services] ("Services"). Contractor agrees to furnish, for the
compensation provided for herein, all labor, materials, tools, equipment, services, and
incidental and customary work necessary to fully and adequately perform and complete
the Services. The Services shall be subject to inspection and approval by City. Contractor
agrees to work closely with City staff in the performance of the Services and shall be
available to City's staff and consultants at all reasonable times.
1.3 Extra Work. Contractor shall not be compensated for any work or services
rendered in connection with its performance of this Agreement, which are in addition to
or outside of the Services ("Extra Work"), except as expressly provided for herein. It shall
be Contractor's responsibility to ensure that the scope and price of any Extra Work to be
performed by Contractor is approved by City in writing in advance of Contractor's
commencement of the Extra Work in accordance with Section 10.10 [Amendments] and
Section 10.19 [Administration and Implementation]. City shall not be obligated to pay for
or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.4 Schedule of Performance. Contractor agrees to diligently perform and
complete the Services in accordance with the schedule of performance attached hereto
and incorporated herein by reference as Exhibit "B" [Schedule of Performance]
("Schedule of Performance"). Modifications to the Schedule of Performance must be
agreed upon in writing in advance by the City Manager pursuant to Section 9.19
[Administration and Implementation] and Contractor.
1.5 General Warranty. Contractor warrants all Services under this Agreement
(which for purposes of this Section shall be deemed to include unauthorized
Extra Work which has not been removed and any non -conforming materials incorporated
into the Services) to be of good quality and free from any defective or faulty material and
workmanship. All warranties and guarantees of subcontractors, suppliers and
manufacturers with respect to any portion of the Services, whether express or implied,
are deemed to be obtained by Contractor for the benefit of City, regardless of whether or
not such warranties and guarantees have been transferred or assigned to City by
separate agreement and Contractor agrees to enforce such warranties and guarantees,
if necessary, on behalf of City.
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from
and after final acceptance of the Services, or in any guarantee or warranty provided by
any manufacturer or supplier of equipment or materials incorporated into the Services,
whichever is later, Contractor shall within ten (10) days after being notified in writing by
City of any defect in the Services or non-conformance of the Services, commence and
prosecute with due diligence all work and services necessary to fulfill the terms of the
warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and
expense, repair and replace any portions of the work, facilities, fixtures, or materials
damaged by its defective Services or which becomes damaged in the course of repairing
or replacing defective Services. For any Services so corrected, Contractor's obligation
hereunder to correct defective Services shall be reinstated for an additional one year
period, commencing with the date of acceptance of such corrected Services. Contractor
shall perform such tests as City may require to verify that any corrective actions are
adequate to remedy the defective condition. In the event that Contractor fails to perform
its obligations under this Section to the reasonable satisfaction of City, then City shall
have the right to correct and replace any defective, non -conforming, or damaged Services
at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any
expenses incurred hereunder upon demand.
1.7 Contractor's Representative. Contractor hereby designates the
representative named in Exhibit "D" [Representatives], or his or her designee, to act as
its representative for the performance of this Agreement ("Contractor's Representative").
Contractor's Representative shall have full authority to represent and act on behalf of the
Contractor for all purposes under this Agreement. Contractor's Representative shall
supervise and direct the Services, using his or her best skill and attention, and shall be
responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non -disputed Services
rendered, the compensation set forth in Exhibit "C" [Compensation] attached hereto and
incorporated herein by reference. Total compensation to Contractor for the Services shall
not exceed the total price or "not to exceed" amount set forth in Exhibit "C," without the
prior written approval of City in accordance with Section 9.10 [Amendments] and Section
9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or
quarterly as specified in Exhibit "C") invoices together with an itemized statement of
Services provided. The statement shall describe the Services provided together with such
other reasonable detail and supporting documentation as may be required by the City
Manager, or his/her designee. City will review the statement and pay, with the exception
of any charges for work performed or expenses incurred by Contractor which are disputed
by City, within 30 days of receiving such statement, all approved charges thereon.
Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defect in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its
supervision. The personnel performing the Services under this Agreement on behalf of
Contractor shall at all times be under the Contractor's exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services
subject to the requirements of this Agreement. Contractor is and shall at all times remain
a wholly independent contractor and not an officer, employee or agent of City. Contractor
shall have no authority to bind City in any manner, nor to incur any obligation, debt or
liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly
conferred in writing by City. Neither Contractor, nor any of Contractor's officers,
employees or agents, shall obtain any rights to retirement, healthcare or any other
benefits which may otherwise accrue to City's employees. Contractor expressly waives
any claim Contractor may have to any such rights.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall
be performed in a skillful and competent manner, consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and warrants that it, its employees and subcontractors
shall have sufficient skill and experience to perform the Services and that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services, including a City Business License,
and that such licenses and approvals shall be maintained in good standing throughout
the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and
without reimbursement from the City, any work necessary to correct errors or omissions
that are caused by the Contractor's failure to comply with the standard of care provided
for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Contractor shall be liable for all violations of such laws
and regulations in connection with Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area,
so as to avoid injury or damage to any person or property and shall otherwise exercise
all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Apprenticeable Crafts. To the extent applicable, Contractor shall
comply with the provisions of Section 1777.5 of the Labor Code with respect to the
employment of properly registered apprentices upon public works.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and
overtime requirements of Section 1813 of the Labor Code.
3.6.3 Payroll Records. In accordance with the requirements of Labor Code
Section 1776, Contractor shall keep accurate payroll records which are either on forms
provided by the Division of Labor Standards Enforcement or which contain the same
information required by such forms. Contractor shall make all such records available for
inspection at all reasonable hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is
aware of the requirements of California Labor Code Section 1720, et sue., and 1770, et
seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing
Wage Laws"), which require the payment of prevailing wage rates and the performance
of other requirements on "Public Works" and "Maintenance" projects. If the Services are
being performed as part of an applicable "Public Works" or "Maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide
Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement and Contractor shall provide City with proof that it and
all of its subcontractors (if any) are registered with the Department of Industrial Relations
as required by Labor Code Section 1725.5. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute
the Services available to interested parties upon request, and shall post copies . at the
Contractor's principal place of business and any location where the Services are
performed.
3.7 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, sexual orientation, sex or age. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply
with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. §§
1101, et seq., as amended, and in connection therewith, shall not employ unauthorized
aliens as defined therein.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, gross
negligence or willful misconduct of City, Contractor shall indemnify, defend, and hold
harmless the City, and its officers, employees and agents, from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the
Contractor's performance of its obligations under this Agreement or out of the operations
conducted by Contractor, including the City's active or passive negligence, except for
such loss or damage arising from the sole negligence or willful misconduct of the City. In
the event the City indemnitees are made a party to any Action arising from Contractor's
performance of this Agreement, the Contractor shall provide a defense to the City
indemnitees or at the City's option, reimburse the City indemnities their costs of defense,
including reasonable legal fees, incurred in defense of such claims. This Section shall
apply to any acts or omissions, willful misconduct or negligent conduct, whether active or
passive, on the part of Contractor's officers, directors, employees, agents and
contractors, including but not limited to acts or omissions in any way related to, the
release, treatment, use, generation, transportation, storage, or disposal in, on, under, to,
or from the location at which work under this Agreement is performed of any Hazardous
Substances by Contractor or its officers, directors, employees, agents, and
subcontractors. The Parties expressly agree that any payment, or Costs and Expenses
City incurs or makes to, or on behalf of, an injured employee under City's workers'
compensation or other insurance, is included as a loss or Costs and Expenses for the
purpose of this Section. City shall not be responsible for any acts, errors or omissions of
any person or entity except City and its officers, agents, servants, employees or
contractors. The Parties expressly agree that the obligations of Contractor under this
Section shall survive the expiration or early termination of the Agreement and that
payment by City is not a condition precedent to enforcement of this indemnity.
4.2 Action. For purposes of this Agreement, "Action" shall mean any suit
(whether legal, equitable, or declaratory in nature), proceeding or hearing (whether
administrative or judicial), arbitration or mediation (whether voluntary, court -ordered,
binding, or non -binding), or other alternative dispute resolution process, and the filing,
recording, or service of any process, notice, claim, demand, lien, or other instrument
which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, "Costs and
Expenses" shall mean all costs and expenses, to the extent reasonable in amount,
actually and necessarily incurred by a Party in good faith in the investigation, prosecution
or defense of an Action, including, but not limited to, court costs, filing, recording, and
service fees, copying costs, exhibit production costs, special media rental costs,
attorneys fees, consultant fees, fees for investigators, witness fees (both lay and expert),
travel expenses, deposition and transcript costs, and any other costs or
expenses, the award of which a court of competent jurisdiction may determine to be just
and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, "Hazardous
Substances" shall mean any and all of the following:
a. any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated, or for which liability arises for misuse,
pursuant to the Comprehensive Environmental Response Compensation and Liability Act
("CERCLA"), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49
U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.
§6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S.
§2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide,
Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization
Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe
Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C.
§6901, et seq.; the Surface Mining Control and Reclamation Act, 30
U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42
U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and
657; the Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C.")
§25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the
California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.;
the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the
Carpenter -Presley -Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.;
the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous
Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter -Cologne
Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time
be amended; and
b. any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated, or for which liability for misuse arises
pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule,
regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete
and accurate records with respect to all expenses incurred under this Agreement. Any
and all such documents or records shall be maintained in accordance with generally
accepted accounting principles and shall be sufficiently complete and detailed so as to
permit an accurate evaluation of the Services provided by Contractor pursuant to this
Agreement. All such records shall be clearly identifiable.
5.1.2 Inspection and Copying. Contractor shall allow a representative of
City during normal business hours to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement. 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 under this
Agreement. At no cost to City, Contractor shall provide copies of such documents or
records directly to the City for inspection, audit and copying when it is practical to do so;
otherwise, unless an alternative is mutually agreed upon, such documents and records
shall be made available at Contractor's address indicated for receipt of notices in this
Agreement.
5.2 Ownership of Documents. All original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other
documents prepared, developed or discovered by Contractor in the course of providing
the Services shall become the sole property of City and may be used, reused or otherwise
disposed of by the City without the permission of the Contractor. Upon completion,
expiration or termination of this Agreement, Contractor shall turn over to City all such
original maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files and other documents
SECTION 6. [intentionally removed]
[intentionally removed].
SECTION 7. NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of City will be personally liable to Contractor in the event of
any default or breach by the City or for any amount that may become due to Contractor.
SECTION 8. BONDS
8.1 Performance and Payment Bonds. If required by law or specifically
required by City as set forth in Exhibit "E" [Bonds Required], attached hereto and
incorporated herein by reference, Contractor shall execute and provide to City
concurrently with Contractor's execution of this Agreement, but in no event later than the
Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the
amount of the total, not -to -exceed compensation indicated in Exhibit C, and in a form
provided or approved by the City.
8.2 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior
written notice shall be given to the City, and Contractor shall post acceptable replacement
bonds at least ten (10) days prior to expiration of the original bonds. No further payments
shall be deemed due or will be made under this Agreement until any replacement bonds
required by this section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Agreement, the
Contractor shall, without further notice from City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase
to the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time,
terms, or conditions of payment to the Contractor, will release the surety.
8.3 Surety Qualifications. Only bonds executed by an admitted surety insurer,
as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California -admitted surety with a current A.M. Best's rating no less than A:VlIl
and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not
meet these requirements, the insurer will be considered qualified if it is in conformance
with Section 995.660 of the California Code of Civil Procedure, and proof of such is
provided to the City.
SECTION 9. TERMINATION.
9.1 Termination by City. City may, by written notice to Contractor, terminate
with or without cause, and without any prior notice of default or right to cure by Contractor,
the whole or any part of this Agreement at any time and by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. Upon termination, Contractor shall
be compensated only for those non -disputed Services that have been adequately
rendered to City, and Contractor shall be entitled to no further compensation.
9.2 Termination by Contractor. Contractor may, by written notice to City,
terminate this Agreement based upon City's failure to timely cure a default under this
Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor
shall provide City with a written notice specifying City's alleged default and providing City
with a forty-five (45) day period to cure the default. Should City timely cure such default,
the Agreement shall continue. Should City fail to timely or adequately cure such default,
Contractor may terminate this Agreement by issuance of written notice to City.
SECTION 10. GENERAL PROVISIONS
10.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
10.2 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of
the elements, or from any unforeseen difficulties which may arise or be
encountered in the prosecution of the Services until the same is fully completed and
accepted by City.
10.3 Liquidated Damages. The Parties agree that City has a legitimate interest
in ensuring that Contractor provides the Services (including performance of all duties and
responsibilities) required under this Agreement in a consistent and reliable manner, and
that Contractor's failure to timely provide such Services or to provide them in an
inadequate manner will cause City to suffer damages and that it is, and will be, impractical
and extremely difficult to ascertain and determine the exact amount of damages or to
calculate actual damages. Therefore, in addition to City's right to treat such non-
performance as a material breach of, and to terminate, this Agreement, the Parties agree
that liquidated damages, as provided herein, represent a reasonable estimate of the
monetary damages that reasonably could be anticipated and that proof of actual damages
would be costly or impractical. The Parties specifically confirm the accuracy of the
statements made above and the fact that each Party has had ample opportunity to consult
with legal counsel and obtain an explanation of the liquidated damage provisions at the
time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is
subject to payment of $500 per failure to perform, per day. City may, at its election. deduct
any assessed liquidated damages from payment due, or that will become due, to
Contractor from City.
10.4 Excusable Delays. Contractor shall not be liable for damages, including
liquidated damages, if any, caused by delay in performance of failure to perform due to
causes beyond the control of Contractor. Such causes include, but are not limited to, acts
of God, acts of the public enemy, acts of federal, state or local governments, acts of City,
court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
The term and price of this Agreement shall be equitably adjusted for any delays due to
such causes.
10.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of the Agreement.
10.6 Governing Law. This Agreement shall be interpreted, construed and
governed according to the laws of the State of California. In the event of litigation between
the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, located in Los Angeles, California.
10.7 Integration. This Agreement, including the attached Exhibits "A" through
"F", is the entire, complete, final and exclusive expression of the Parties with respect to
the matters addressed therein and supersedes all other agreements or understandings,
whether oral or written, or entered into between Contractor and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral or
written, made by any party which are not embodied herein shall be valid and binding.
10.8 Severability. If a term, condition or covenant of this Agreement is declared
or determined by any court of competent jurisdiction to be invalid, void or unenforceable,
the remaining provisions of this Agreement shall not be affected thereby and the
Agreement shall be read and construed without the invalid, void or unenforceable
provision(s).
10.9 Prohibited Interests. Contractor represents and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Contractor, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement.
10.10 Amendments. No amendment to or modification of this Agreement shall
be valid unless made in writing and approved by Contractor and City. The City Manager
shall have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City Manager's
contracting authority under the Temple City Municipal Code. All other amendments shall
be approved by the City Council. The Parties agree that the requirement for amendments
or modifications to be in writing cannot be waived and that any attempted waiver shall be
void.
10.11 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
10.12 Delivery of Notices. All notices required or permitted to be given under
this Agreement shall be in writing and shall be given to the respective Parties at the
addresses listed in Exhibit "D", or at such other address as the respective Parties may
provide in writing for this purpose. Such notice shall be deemed made when personally
delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class
postage prepaid and addressed to the party at its applicable address. Actual notice shall
be deemed adequate notice on the date actual notice occurred, regardless of the method
of service.
10.13 Binding Effect. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the Parties.
10.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or
covenant of this Agreement shall not constitute a waiver of any other term, condition, or
covenant. Waiver by any Party or any breach of the provisions of this Agreement shall
not constitute a waiver of any other provision, nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any Services by
Contractor shall not constitute a waiver of any of the provisions of this Agreement.
10.15 Attorneys Fees, Costs and Expenses. In the event litigation or other
proceeding is required to enforce or interpret any provision of this Agreement, the
prevailing party in such litigation or other proceeding shall be entitled to an award of
reasonable attorney's fees and Costs and Expenses, in addition to any other relief to
which it may be entitled.
10.16 Subcontracting. Contractor shall not subcontract any portion of the
Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this
Agreement.
10.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
10.18 Authority to Execute. The person or persons executing this Agreement
on behalf of Contractor represents and warrants that he/she/they has/have the authority
to so execute this Agreement and to bind Contractor to the performance of its obligations
hereunder.
10.19 Administration and Implementation. This Agreement shall be
administered and executed by the City Manager or his or her designated representative.
The City Manager shall have the authority to issue interpretations and to make
amendments to this Agreement, including amendments that commit additional funds,
consistent with Section 9.10 [Amendment] and the City Manager's contracting authority
under the Temple City Municipal Code.
Gre: Murp , City Attorney
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMPLE CITY
Bryan Cook, City Manager
ATTEST:
Peggy Kuo,'City Clerk
APPROVED AS TO F M:
CONTRACTOR:
By:
(Authorized Officer)
Name: a a a b P. 1iA ?- v' 0
Title:
(2nd signature required if Corporation, Incorporation or Limited Liability
Corporation)
By:
(Authorized Officer)
Name: C (c CA
Title: C -e c re-(--- 2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
\US cir1W3
On 01)1?) 2024
before me,
irie er)vtkatclui noy 1 VL
(insert name and title of the officer)
personally appeared 3Swa J dD P • mV aUd 1 Su t&I'lle/r,1
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hind and official seal.
C.)
Signatur'��� ----� (Seal)
ISRAEL CO No. A3ADO3
NOTARYLOS ANGELES COUNTY C7
My Comm. Exp. DES
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EXHIBIT "A"SCOPE OF SERVICES
Contractor will furnish all necessary equipment, materials and personnel for the
completion of the work in a timely and organized manner.
LIVE OAK PARK COMMUNITY CENTER, ANNEX AND OUTDOOR RESTROOMS
10144 Bogue Street
Temple City, CA 91780
I. General Services
The Contractor shall perform the following tasks for both the Live Oak Park Community Center
and Live Oak Park Annex buildings unless otherwise specified. Work cannot start at the Live
Oak Park Community Center until after 10:00 p.m. nightly. Work cannot start at the Live Oak
Park Annex until after 9:00 p.m. nightly:
A. General Cleaning
The following shall be performed on a daily basis, seven (7) days per week, Annex
five (5) days per week as determined by the City:
1. Empty all waste containers and place trash in dumpster. Replace trash bags
as needed.
2. Clean all desks, file cabinets, tables, equipment and other office furniture.
3. Clean all counter tops, removing handprints, ink and other marks.
4. Clean and polish all drinking fountains.
5. Remove cobwebs throughout entire facility.
6. Sweep with chemically treated dust -mop all hard flooring, and damp -mop as
needed to remove spills, stains, etc.
7. Vacuum all carpeted areas. Spot clean as needed to remove spills, stains, etc.
8. Spot clean windows, partitions and doors.
9. Clean exterior patio area tables, chairs and concrete surfaces.
10. Thoroughly clean lobby area, including floors, walls, doors and tables.
11. Clean exterior walkways and steps as necessary.
12. Turn off all designated lights, lock doors and set alarm upon leaving facility.
B. Kitchen Cleaning
The following shall be performed on a daily basis, seven (7) days per week, Annex
five (5) days per week as determined by the City:
1. Wipe all tables, counters and appliance exterior surfaces with appropriate
cleaning agents for stainless steel surfaces.
2. Wet -mop the entire floor with mop designated exclusively for use in kitchen
area.
3. Refill all paper towel dispensers and soap containers.
C. Restroom Cleaning
The following shall be performed on a daily basis, seven (7) days per week. This
section includes all indoor and outdoor restroom facilities at Live Oak Park; exterior
of the Community Center and Annex (5 days per week), concession stand and
adjacent to the basketball courts.
1. Empty all waste containers and replace trash bags.
2. Clean and disinfect all commodes and urinals.
3. Clean all restroom partitions.
4. Clean sinks and counter tops.
5. Clean and polish all chrome and stainless steel.
6. Clean exterior/interior of all doors.
7. Clean all mirrors.
8. Clean and disinfect diaper -changing stations.
9. Spot clean walls to remove smudges and marks
10. Refill all soap containers, paper products, toilet paper, paper towels, etc.
11. Sweep and wet -mop all floors, with mop designated exclusively for use in
restroom facilities.
D. Vinyl Floors
1. Buff and polish all vinyl floors eight (8) times a year.
2. Strip and wax all vinyl floors on a quarterly (4 times a year) basis.
E. Children's Activity Rooms in the Live Oak Park Community Center
The following shall be performed on a daily basis, seven (7) days per week:
1. Empty all waste containers and replace trash bags as needed.
2. Clean and disinfect commode.
3. Clean and disinfect all sinks and counter tops.
4. Clean and polish all chrome and stainless steel.
5. Refill all soap containers, paper products, toilet paper, paper towels, etc.
6. Sweep and mop floors.
7. Vacuum play carpet.
8. Wipe all table tops.
F. Weekly Cleaning for the Live Oak Park Community Center
The Contractor shall perform the following tasks on a weekly basis:
1. Clean and disinfect all telephones.
2. Low dusting to include chair rungs, table braces, inner desk ledges,
baseboards, windowsills, etc.
3. High dusting to include picture frames, high ledges, etc.
4. Clean all reachable air vents.
5. Clean fire extinguisher cabinets.
6. Clean office equipment, calculators, copy machines, etc.
7. Clean all doors and door jams.
8. Remove gum from carpets and floors.
9. Dust any exposed water pipes.
II. Special Services for the Live Oak Park Community Center
The Contractor shall perform the following services for the Live Oak Park Community
Center on a scheduled basis as coordinated with City personnel based on facility
availability:
A. Quarterly
The following shall be performed on a quarterly (4 times per year) basis:
1. Machine scrub all quarry tile.
2. Strip and seal interior restroom ceramic tiles floors.
3. Wash all windows in/out and glass room partitions.
4. Clean HVAC vents.
B. Annually
The following shall be performed on an annual (once per year) basis:
1. Steam -clean lobby furniture.
PRIMROSE PARK SINGLE STALL RESTROOM
5940 Primrose Avenue
Temple City, CA 91780
I. General Services
The Contractor shall perform the following tasks for the Primrose Park outdoor single stall
restroom unless otherwise specified. Work cannot start at Primrose Park until after 10:00
p.m. nightly.
A. Restroom Cleaning
The following shall be performed on a daily basis, seven (7) days per week.
1. Empty all waste containers and replace trash bags.
2. Clean and disinfect all commodes and urinals.
3. Clean restroom walls.
4. Clean sinks and counter tops.
5. Clean and polish all chrome and stainless steel.
6. Clean exterior/interior of all doors.
7. Clean all mirrors.
8. Clean and disinfect diaper -changing station.
9. Refill all soap containers, paper products, toilet paper, paper towels, etc.
10. Sweep and wet -mop all floors, with mop designated exclusively for use in
restroom facilities.
CITY HALL, COMMUNITY ROOM, CIVIC CENTER AND OUTDOOR RESTROOMS
9701 Las Tunas Drive
Temple City, CA 91780
I. General Services
The Contractor shall perform the following tasks for the following facilities unless otherwise
specified: 1) City Hall, 2) Community Room, 3) Civic Center and 4) City Hall Outdoor Restrooms.
Work shall be conducted at the frequency described below for each task, according to the
following schedule:
1. City Hall: Work shall occur Monday through Friday and shall not begin prior to 6:00 p.m.
2. Community Room: Work shall occur Monday through Friday and shall not occur while the
room is in use.
3. Civic Center: Work shall occur on Monday and Tuesday evenings. On Tuesday evenings,
work shall not begin while any public meeting is in session (typically no earlier than 10
p.m.)
4. City Hall Outdoor Restrooms: Work shall occur seven (7) days per week and shall not
begin prior to 10:00 p.m.
A. General Cleaning
The following services shall be performed on a daily basis, five (5) days per week
unless otherwise specified. The Civic Center shall be cleaned on a two (2) days per
week basis (Monday and Tuesday).
1. Dust horizontal surfaces of desks, counter tops, table tops, partition tops and
bases, computer monitors, filing cabinets and shelving.
2. Spot clean above mentioned areas to remove smudges, spillage, beverage
rings, etc.
3. Dust office equipment.
4. Clean front entry glass and interior partition glass.
5. Empty all waste containers and place trash in dumpster. Sanitize each trash
receptacle. Replace trash bags as needed.
6. Clean walls behind waste containers to remove over -spillage.
7. Wipe down the outside of break room/kitchen cabinets, refrigerator and
microwave. (For the Community Room, one -day per week.)
8. Clean inside of break room/kitchen microwave. (For the Community Room,
one -day per week.)
9. Clean thoroughly the break room/kitchen/restroom sinks.
10. Clean and disinfect break room/kitchen counter top and table top.
11. Rinse out and clean coffee pot.
12. Mop thoroughly all hard surface floors with a chemically treated mop head.
13. Damp -mop all ceramic and tile flooring. (For the Community Room, one -day
per week.)
14. Vacuum thoroughly carpeted areas with a hepa-grade vacuum, wall to wall,
and spot clean as needed.
15. Wipe clean all telephone receivers and dust bases.
16. Disinfect all skin -touched surfaces (e.g. light switches, door handles, drinking
fountains, etc.).
17. Remove spots and smudges from walls, doors and kick plates.
18. Remove cobwebs throughout CITY facilities.
19. Turn off all designated lights and lock doors upon leaving facility.
20. Report all maintenance issues in Log Book.
B. Restroom Cleaning
The following services shall be performed on a daily basis, five (5) days per week
except the City Hall Outdoor Restrooms for which the following will be performed
on a daily basis, seven (7) days per week. The Civic Center restrooms shall be
cleaned on a two (2) days per week basis:
1. Empty waste containers. Wash as necessary.
2. Clean and sanitize the outside of waste containers and dispensers.
3. Clean and disinfect all sinks, toilets and toilet seats.
4. Clean all dispensers, mirrors and fixtures.
5. Refill soap containers, paper products, toilet paper, paper towels, etc.
6. Clean and disinfect door handles and light switches.
7. Clean and sanitize restroom partitions and walls around toilets.
8. Spot clean walls to remove smudges and marks.
9. Dust -mop floors with a micro -fiber mop.
10. Wet -mop floors with a chemically treated mop head.
11. High -dust tops of doors, mirrors and air vents.
12. Use "Consume" to eliminate the smell of urine.
13. Provide, inspect and service the "Natural Breeze Air System," "All Fresh Auto
Flush" and "Auto Clean System" services. Refill and replace as needed.
II. Special Services
The Contractor shall perform the following services on a scheduled basis as
coordinated with City personnel and facility availability:
A. Monthly
The following shall be performed on a monthly (12 times per year) basis:
1. Dust thoroughly all vertical surfaces of office furniture, including desks, tables,
chairs, file cabinets, etc.
2. Clean all office furniture and work stations (vacuum fabric partitions).
3. Clean all office equipment, calculators, copy machine, fax machine, etc.
4. Clean fire extinguisher cabinets.
5. High -dust all air vents, tops of doors, door frames, ceiling corners and edges,
etc.
6. Low -dust all baseboards and chair bases.
7. Dust window blinds and window sills.
8. Edge carpets along baseboards, filing cabinets and partition bases to remove
dust build-up.
9. Dust any exposed water pipes.
10. Clean spots and smudges from walls.
11. Remove gum from carpets and floors.
12. Clean thoroughly interior/exterior of all kitchen appliances.
13. Clean all HVAC vents.
B. Semi -Annually
The following shall be performed on a semi-annual (2 times per year) basis:
1. Window washing in/out and awnings.
2. Strip, seal and wax restroom floors in City Hall, Community Room, Civic
Center and Finance file room.
3. Clean all carpets.
C. Annually
The following shall be performed on an annual (once a year) basis:
1. Clean all interior walls.
2. Clean all interior light fixtures.
3. Seal ceramic tile floors in Community Room and employee lounge with an
acrylic sealant.
CITY YARD
9167 La Rosa Drive
Temple City, CA 91780
I. General Services
The Contractor shall, at least 2 times per week, perform the following tasks for the City
Yard location (which consists of a maintenance room/common area of approximately 105
sq ft, an office area of approximately 150 sq ft, a tree crew/common area of approximately
198 sq ft, and 2 restrooms, each approximate 204 sq ft). unless otherwise specified:
A. General Cleaning
The following shall be performed twice per week:
1. Empty all waste containers and place in the dumpster. Replace trash bags as
needed.
2. Clean all desks, file cabinets, tables, equipment and other office furniture .
3. Clean all counter topsremoving handprints, ink and other marks.
4. Clean and polish all drinking fountains.
5. Remove cobwebs throughout entire facility.
6. Sweep with chemically treated dust mop all hard flooring. and damp- mop as
needed to remove spills, stains, etc.
7. Spot clean windows , partitions and doors.
8. Thoroughly clean common areas. including floors, walls, doors and
tables.
9. Turn off all designated lights, lock doors and set alarm upon leaving facility.
B. Restroom Cleaning
The following shall be performed once per week:
1. Empty all waste containers and replace trash bags.
2. Clean and disinfect all commodes and urinals.
3. Clean all restroom partitions.
4. Clean sinks and counter tops.
5. Clean and polish all chrome and stainless steel.
6. Clean exterior/interior of all doors.
7. Clean all mirrors.
8. Spot clean walls to remove smudges and marks
9. Refill all soap containers, paper products, toilet paper, paper towels,
10. Sweep and wet -mop all floors, with mop designated exclusively for use in restroom
facilities.
II. Special Services
The Contractor shall provide an initial cleaning which consists of window washing,
cleaning VCT tiles, and scrubbing, resealing, and waxing restroom floors and walls.
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EXHIBIT "B" SCHEDULE OF PERFORMANCE
Contractor shall provide services identified in Exhibit "A" on a daily, weekly, monthly
basis, etc. as specified therein.
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EXHIBIT "C" COMPENSATION
Service provider shall use the following rates of pay in the performance of the
Services:
Year 1 (February 1, 2024 — June 30, 2024)
1. Live Oak Park Community Center $36,000.00/year
2. Live Oak Park Annex $12,500.00/year
3. Live Oak Park Outdoor Restrooms $7,200.00/year
4. City Hall $27,000.00/year
5. Community Room $6,250.00/year
6. Civic Center $6,000.00/year
7. City Hall Outdoor Restrooms $3,600.00/year
8. Primrose Park Restrooms $3,600.00/year
9. City Yard $3,400.00/year
The total compensation for the Services for Year 1 shall not exceed $43,979.17 as
provided in Section 2 "Compensation and Method of Payment" of this Agreement
Year 2 (July 1, 2024 — June 30, 2025)
1. Live Oak Park Community Center $36,000.00/year
2. Live Oak Park Annex $12,500.00/year
3. Live Oak Park Outdoor Restrooms $7,265.00/year
4. City Hall $27,000.00/year
5. Community Room $6,250.00/year
6. Civic Center $6,000.00/year
7. City Hall Outdoor Restrooms $3,600.00/year
8. Primrose Park Restrooms $3,600.00/year
9. City Yard $3,400.00/year
The total compensation for the Services for Year 1 shall not exceed $105,615.00 as
provided in Section 2 "Compensation and Method of Payment" of this Agreement
Year 3 (July 1, 2025 — June 30, 2026)
1. Live Oak Park Community Center $36,800.001year
2. Live Oak Park Annex $13,200.00/year
3. Live Oak Park Outdoor Restrooms $7,265.00/year
4. City Hall $27,000.00/year
5. Community Room $6,250.00/year
6. Civic Center $6,250.00/year
7. City Hall Outdoor Restrooms $3,625.00/year
8. Primrose Park Restrooms $3,625.00/year
9. City Yard $3,400.00/year
The total compensation for the Services for Year 1 shall not exceed $107,415.00 as
provided in Section 2 "Compensation and Method of Payment" of this Agreement.
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EXHIBIT "D" REPRESENTATIVES
City of Temple City
Attn: Parks and Recreation Department
9701 Las Tunas Drive
Temple City, California 91780
Contractor:
Ultimate Maintenance Services
4237 Redondo Beach Blvd.
Lawndale, CA 90206
Attn: Claudia Salomon, Secretary
310-505-5858 cell
310-542-1474 office
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EXHIBIT "E" BONDS REQUIRED
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EXHIBIT "F" INSURANCE REQUIREMENTS FOR CITY OF TEMPLE CITY
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 indicated below by check marks,
described more fully below, and in a form that is satisfactory to City.
General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
The policy must include contractual liability that has not been amended. Any endorsement
restricting standard ISO "insured contract" language will not be accepted.
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 the Contractor arising out of or in connection with Work
to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for
each accident.
Umbrella or excess liability insurance. [Optional depending on limits required]
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with
limits 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 if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• 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.
Workers' compensation insurance. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000).
Other provisions or requirements for insurance:
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Proof 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. Insurance certificates and endorsements 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
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Duration of coverage. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Contractor, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any
insurance or self-insurance procured or maintained by City shall not be required to
contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance
or self-insurance shall be called upon to protect it as a named insured.
Agency's rights of enforcement. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, City
has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, City may cancel
this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance or
is on the List of Approved Surplus Line Insurers 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.
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 specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall
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require similar written express waivers and insurance clauses from each of its
subconsultants.
Enforcement of contract provisions (non estoppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on the City nor does it
waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be entitled to coverage
for the higher limits maintained by the Contractor. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to the
City.
Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and
insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to
provide that City and its officers, officials, employees, and agents shall be additional
insureds under such policies. This provision shall also apply to any excess/umbrella liability
policies.
Prohibition of undisclosed coverage limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in
writing.
Separation of insureds. A severability of interests provision must apply for all additional
insureds ensuring that Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross -liability exclusions.
Pass through clause. Contractor agrees to ensure that its sub -consultants, sub-
contractors, and any other party involved with the project who is brought onto or involved
in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section.
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Contractor agrees that upon request, all AgreementS with consultants, subcontractors,
and others engaged in the project will be submitted to City for review.
Agency's right to revise specifications. The City reserves the right at any time during
the term of the contract to change the amounts and types of insurance required by giving
the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may
renegotiate Contractor's compensation.
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 specifications unless approved by City.
Timely notice of claims. Contractor shall give City prompt and timely notice of claims
made or suits instituted that arise out of or result from Contractor's performance under this
Agreement, and that involve or may involve coverage under any of the required liability
policies.
Additional 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.
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