HomeMy Public PortalAbout09) 7G Agreement for Citywide Janitorial ServicesDATE:
TO:
FROM:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
April17, 2018
The Honorable City Council
Bryan Cook, City Manager
By: Cathy Burroughs, Director of Parks and Recreation
Steve Lawson , Parks & Recreation Manager
AGENDA
ITEM 7.G.
SUBJECT: APPROVAL OF AGREEMENT FOR CITYWIDE JANITORIAL
SERVICES
RECOMMENDATION:
The City Council is requested to approve a three-year Agreement for Citywide Janitorial
Services (Agreement) with United Maintenance Systems in the amount of $222,300 and
authorize the City Manager to execute the Agreement.
BACKGROUND:
1. On February 2, 2018, the Parks & Recreation Department (Department) released a
Request for Proposals (RFP) for citywide janitorial services for a three-year term
beginning July 1, 2018, and concluding on June 30, 2021 (Attachment "A").
2. On February 13 , 2018, a mandatory pre-proposal meeting was held with a total of
13 contractors attending.
3. A total of nine (9) proposals were received by the due date of March 2, 2018.
ANALYSIS:
Jan -Pro is the current contractor providing janitorial services to the City and has been
since July 1, 2008. Their existing three-year contract, in the amount of $213,315,
expires on June 30, 2018. To ensure the City is receiving the best quality of service at
a competitive rate, the Parks & Recreation Department developed and released a RFP
for Citywide Janitorial Services for a three-year term beginning July 1, 2018, and
concluding on June 30, 2021. The Scope of Work , as identified in the RFP, calls for the
contractor to provide all necessary personnel, materials and equipment required for
complete maintenance of City Hall, Civic Center, th e Community Room, the Live Oak
City Council
April17, 2018
Page 2 of 3
Park Community Center, Live Oak Park Annex and all exterior restrooms at both Live
Oak Park and Temple City Park. The RFP was formally advertised in the Temple City
Tribune on February 1, 2018, posted on the City's website, and was e-mailed to several
on-line plan/bid rooms.
A mandatory pre-proposal meeting was held on February 13, 2018, with 13 contractors
attending. Following is a summary of the proposals received by the due date of March
2, 2018:
Contractor Name Location Proposed Fee-3 Years
Golden Touch Cleaning Tustin, CA $156,108.00
Dynamic Building Maintenance Riverside, CA $156,182.00
Omni Enterprise, Inc. Santa Ana, CA $212,280.00
Diverse Janitorial Burbank, CA $213,698.00
United Maintenance Systems Los Angeles, CA $222,300.00
Jan-Pro Cleaning Systems Anaheim, CA $237,390.48
Lincoln Training Center So. El Monte, CA $239,797.10
Ultimate Maintenance Service Lawndale, CA $276,048.00
Priority Building Services Brea, CA $386,940.00
The City's RFP Evaluation Team (Parks and Recreation Director Burroughs, Parks and
Recreation Manager Lawson, and Community Development Director Forbes) reviewed
and assigned weighted scores to each proposal according to the following evaluation
criteria:
1. Qualification of the Firm -30%
2. Qualifications of Personnel -20%
3. Related Experience -30%
4. Completeness of Response -10%
5. Reasonableness of Cost and Price -10%
After a thorough review of all proposals, staff recommends awarding the three-year
contract to United Maintenance Systems. Based on the evaluation criteria, their
proposal best matches the needs of the City. The bid from United Maintenance
Systems includes a cost of living increase of approximately 3.75% for the second and
third years of the contract (i.e. the annual contract price will be $71,400 for year 1;
$74,100 for year 2; and $76,800 for year 3). Although the proposed Agreement is for a
three-year period, Section 11 of the Agreement allows the City to terminate the
Agreement at any time during its term with thirty days written notification.
City Council
April17, 2018
Page 3 of 3
CITY STRATEGIC GOALS:
Approval of the Agreement for Citywide Janitorial Services with United Maintenance
Systems will further the City's Strategic Goals of Good Governance and Public Health
and Safety.
FISCAL IMPACT:
Funds have been included in the proposed Fiscal Year (FY) 2018-19 City budget to
cover the cost of these services.
ATTACHMENTS:
A. Request for Proposals for Citywide Janitorial Services
B. Agreement for Citywide Janitorial Services
TEMPLE
CITY
ATTACHMENT A
CITY OF TEMPLE CITY
REQUEST FOR PROPOSALS
Fo r:
CITYWIDE JANITORIAL SERVICES
Proposal Re l ease Date
February 2, 2018
Ma n dat o r y Pr e-Bi d Meeting
February 13, 2018 at 10 :00 a.m.
Proposal S ubm ittal D ue Date
March 2 , 2018 at 10:00 a.m.
Pr epar ed by:
City of Temple City Parks & Recreation De partment
1 0144 Bogue Street
Temple City, CA 91780
Attn: Steve Lawson , Parks & Recreation Manager
(626) 285-2171, extension 4530
CITY OF TEMPLE CITY
NOTICE INVITING REQUEST FOR PROPOSALS (RFP)
FOR
CITYWIDE JANITORIAL SERVICES
NOTICE IS HEREBY GIVEN that the City of Temple City is seeking proposals for Citywide Janitorial
Services for a three-year term beginning July 1, 2018 and ending on June 30, 2021.
Interested Contractors are required to attend a MANDATORY PRE-BID MEETING on February 13,
2018, 10:00 a.m . at Live Oak Park Annex Building , 10144 Bogue Street, Temple City, CA, 91780.
The RFP can be obtained at the Temple City Parks & Recreation Department, Live Oak Park Annex
Building, 10144 Bogue Street, Temple City or can printed from the Temple City website at
http://www.ci.temple-city.ca .us/bids.aspx. In order for a bid to be considered valid , the proposer
must attend the MANDATORY PRE-BID MEETING.
Sealed Proposals:
Contractors will deliver one (1) original and two {2) copies to the following address on or before 10:00
am on March 2, 2018 (POSTMARKS WILL NOT BE ACCEPTED):
Temple City Parks & Recreation Department
Live Oak Park Annex Building
10144 Bogue Street, Temple City, CA 91780
Attn: Steve Lawson, Parks & Recreation Manager
(Staff will evaluate proposals in private; no public opening is required for this proposal.}
This submission shall include the entire Request for Proposals documentation and any amendments
if issued. Proposals received after the above-cited time will be considered a late bid and not accepted.
Please direct all questions, inquires, and comments regarding this RFP only to Steve Lawson, Parks
& Recreation Manager at {626) 285-2171, extension 4530 or slawson@templecity.us , or to Parks and
Recreation Director Cathy Burroughs if necessary, to ensure responsiveness and consistency with the
RFP process.
All questions will be answered in writing via e-mail to all Contractors who attend the MANDATORY
PRE-BID MEETING. The final day to submit questions will be February 19, 2018, 5 :00 p.m . All
answers will be in the form of an addendum and will be dispersed by February 22, 2018.
The City of Temple City hereby notifies all bidders that it will affirmatively insure that in any given
agreement entered into pursuant to this advertisement, Disadvantaged Business and Women's
Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race , creed, color, or national origin in consideration
for an award.
Please note the passage of Measure AA by Temple City voters in November 2016 imposed strict
restrictions related to campaign contributions and gifts to City Council members by contractors a nd
prospective contractors (see http://temple city.us/Meas ureAA . All submitting firms should be aware of
these restriction s .
Steve Lawson
Parks & Recreation Manager
(626) 285-2171, Ext. 4530
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TABLE OF CONTENTS
Section I: Proposal Information for Contractors .................................................... 4
RFP Timeline ................................................................................ .4
Scope and Location of Work ............................................................. 4
Examination of Contract Document and Work Sites .............................. .4
Interpretation of Contract Documents .................................................. 5
Submittal Requirements ................................................................... 5
Award of Contracts .......................................................................... 6
Deliverables Required of Successful Contractor .................................... 6
Compliance with Applicable Laws ...................................................... 6
Permits and Codes .......................................................................... 6
Disqualification of Contractor ............................................................. 7
Work Schedule ............................................................................... 7
Terms of Agreement. ....................................................................... 7
Pre-Contractual Expense .................................................................. 7
City of Temple City Business License ................................................. 7
Communication with City .................................................................. 7
Liability and Insurance ..................................................................... 8
Indemnification ............................................................................... 1 0
Independent Contractor ................................................................... 11
Payment... .................................................................................... 11
Completing and Signing Forms .......................................................... 11
Section II: Scope of Work .......................................................................... 12
Section Ill: Submittals ............................................................................... 17
Bid Proposal... ............................................................................... 17
Statement of Experience .................................................................. 22
Exceptions to Specifications ............................................................. 24
Section IV: Exhibits .................................................................................. 25
Exhibit A-Contract Agreement Template ............................................ 25
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SECTION I
PROPOSAL INFORMATION FOR CONTRACTORS
RFP TIMELINE
The schedule of key milestones related to the City of Temple City Janitorial Services are as
follows:
• Proposal Release Date:
• Mandatory Pre-Bid Meeting:
• Written Questions Submission Deadline:
• City Response to Written Questions:
• Proposal Submittal Due Date:
• Award of Contract (Tentative):
• First Day of Janitorial Services:
1. SCOPE AND LOCATION OF WORK
February 2, 2018
February 13, 2018, 10:00 a.m.
February 19, 2018, 5:00p.m.
February 22 , 2018
March 2, 2018, 10:00 a.m.
March 20, 2018
July 1, 2018
The Citywide Janitorial Services ("Contract") consists of the janitorial maintenance of multiple
facilities within the City of Temple City. The Contractor is responsible to develop a base bid
necessary to maintain the facilities as outlined in this RFP. The bid is to be presented as what
the total cost would be for each site for a 12-month period. The work to be performed under
the Contract consists of the furnishing of all labor, insurance, materials, transportation and
equipment needed to perform per the Scope of Work within this RFP.
2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITES
Before submitting a bid, the bidder must (i) examine the Contract Documents thoroughly;
including without limitation the Agreement wherein each of the other Contract Documents is
identified; (ii) visit the sites and the locality where the work is to be performed to familiarize
themselves with local conditions that may in any manner effect the cost, progress or
performance of the work in strict accordance with the Contract Documents; (iii) familiarize
themselves with federal, state and local laws, ordinances, rules and regulations that may in
any manner affect the cost, progress or performance of the work in strict accordance with the
Contract Documents; and (iv) study and carefully correlate bidder's observations with the
Contract Documents.
Reports, if any, of investigations of physical conditions at the work sites or otherwise effecting
cost, progress or performance of the work, which have been relied upon by staff in preparing
the specifications, are identified in the Scope of Work. Before submitting the bid, the bidder
shall, at their own expense, make such additional investigations and tests as the bidder may
deem necessary to determine their bid for performance of the work in strict accordance with
the Contract Documents.
By submitting a bid, the bidder warrants that they have complied with every requirement of
this proposal and that the Contract Documents are sufficient in scope and detail to indicate
and convey understanding of all terms and conditions for performance of the work.
All questions about the meaning or intent of the Contract Documents shall be submitted to
Steve Lawson, Parks & Recreation Manager no later than 5:00p.m. on February 19, 2018.
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All interpretations shall be issued via written Addendum, which will be posted on the city
website and e-mailed to each bidder whom attended the mandatory pre-bid meeting, but it
shall be the bidder's responsibility to make inquiry as to the Addendum issued. Failure of the
bidder to receive any such Addenda shall not relieve the bidder from any obligation under the
Contractors bid as submitted.
Only interpretations issued by written Addendum will be binding: all such Addendums shall
become part of the Contract Documents. Interpretations issued orally or by any means other
than as specified in this section shall be without legal effect.
3. INTERPRETATION OF CONTRACT DOCUMENTS
No oral representation or interpretations will be made to any Contractor as to the meaning of
the Contract Documents. Requests for interpretation shall be made in writing no later than
February 19, 2018 at 5:00pm. Interpretations, where necessary, will be made by the City in
the form of an addendum to the Contract Documents and, when issued, will be sent as
promptly as is practical to all parties to whom the RFP documents have been issued. All such
addenda shall become part of the Contract. Requests for information shall be directed to:
City of Temple City
Steve Lawson, Parks & Recreation Manager
E-mail-slawson@templecity.us
It shall also be the Contractor's responsibility to call to the attention of the city any missing
pages in the Contract Documents, including the addendum. These items shall be brought to
the attention of the Project Manager in writing at the above address no later than February
19, 2018 at 5:00 pm.
4. SUBMITTAL REQUIREMENTS
Successful proposals must include:
' : Bid Proposal
' • Statement of Experience
1 i Exceptions to Specifications
Proposals must fully address all areas requested, contain complete technical submittals,
references, and data to verify qualifications and experience and include a statement that the
City contract can be executed, and any exceptions. Proposals without complete submittal
data will be considered non-responsive. As part of the technical proposal, Contractors must
evaluate the City's proposal terms and conditions. Any exceptions taken to the proposal
specifications must be listed as a separate item in the Exceptions to Specifications, which is
included in this RFP on page 24.
The City reserves the unilateral right to amend this RFP in writing at any time. The City also
reserves the right to cancel or re-issue the RFP at its sole discretion. Proposers shall respond
to the final written RFP and any exhibits, attachments and amendments. All proposers shall
verify if any addendum for this project has been issued by the City. It is the proposer's
responsibility to ensure that all requirements of contract addendum are included in the
proposer's submittal. Once all the proposals are reviewed and a successful bidder is
determined, the City Clerk will deliver a written Notice of Award to the successful proposer
(Contractor).
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The City reserves the unilateral right to decline to award the contract to any of the Contractors
submitting proposals. The City reserves the right to reject any and all proposals and the right
to waive minor irregularities in any proposals. Waiver of one irregularity does not constitute
waiver of any other irregularities. The review of all proposals for completeness is expected to
be completed within five (5) business days after bid opening. Overall responsiveness to the
RFP is an important factor in the review process.
Contractors will deliver one (1) original and two (2) copies in a sealed envelope with "Temple
City Citywide Janitorial Services Bid" clearly marked on the outside and must be received by
the City no later than 10:00 a.m. on March 2, 2018. Proposals shall be addressed to:
Temple City Parks & Recreation Department
Live Oak Park Annex Building
10144 Bogue Street, Temple City, CA 91780
Attn: Steve Lawson, Parks & Recreation Manager
Contractors are warned against making erasures or alterations of any kind, without initialing
each and every such change. Proposals that contain erasures or irregularities of any kind,
without such initialing, or omissions, may be rejected. No oral, telegraphic, or telephone
(including facsimile) Proposals or modifications will be considered.
Proposals received after the deadline date will not be accepted. Postmarks will not be
accepted.
5. AWARD OF CONTRACT
All bids, once they are opened and declared, are subject to review, acceptance or rejection
by the City Council for a period not to exceed 30 calendar days. The City reserves the right
to reject any or all bids and waive any irregularities or informalities in any bid.
6. DELIVERABLES REQUIRED OF SUCCESSFUL CONTRACTOR
The successful Contractor(s) shall enter into a Contract Agreement (sample copy in "Exhibit
A") with the City of Temple City and submit the following items within fifteen (15) days of
notice of award:
1. City of Temple City business license.
2. Copy of Insurance documents which shows compliance with the attached
requirements and naming the City of Temple City as an additional ensured.
7. COMPLIANCE WITH APPLICABLE LAWS
All services rendered shall be provided in accordance with all ordinances, resolutions,
statutes, rules, and regulations of the City, and any Federal, State, or local governmental
agency having jurisdiction in effect at the time service is provided. Contractor is responsible
for obtaining all permits and licenses required to perform work such as an encroachment
permit through Caltrans.
8. PERMITS AND CODES
The selected proposer will comply with all laws, codes, rules and regulations of the State,
County, and City applicable to the work to be performed at the City's location(s). The City will
provide permits at no cost to the Contractor.
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9. DISQUALIFICATION OF CONTRACTOR
If there is a reason to believe that collusion exists among any of the Contractors, none of the
Proposals of the participants in such collusion will be considered, and Glendora may likewise
elect to reject all Proposals received.
10. WORK SCHEDULE
All contract employees are to adhere to basic standards for working attire including; uniform
shirts with Contractor's name or logo clearly visible at all times when working at all locations,
proper shoes and other gear required by State Safety Regulations. Shirts are to be
maintained in a neat and presentable condition.
The Contractor will be expected to know the streets within the City of Temple City so that
work can be performed independently. Contractor is responsible for (a) having thoroughly
investigated and considered the scope of work to be performed, (b) carefully considering how
the services should be performed, and (c) fully understanding the facilities, difficulties, and
restrictions attending the performance of the services required. Contractor is responsible to
investigate each site and be fully acquainted with the conditions of each site. Should the
Contractor discover any latent or unforeseeable conditions, which will materially affect the
performance of services, Contractor shall immediately inform the City of such fact and shall
not proceed except at Contractor's risk until written instructions are received from the City.
11. TERM OF AGREEMENT
The Agreement awarded to the successful bidder under this Request for Bids shall be for the period
beginning July 1, 2018 and ending on June 30, 2021. The Agreement may be ex1ended for an
additional year up to two (2) years upon the mutual consent of both parties.
TERMINATION
The City of Temple City, or the Contractor, may terminate this agreement at any time during its term,
upon thirty (30) days prior written notice to the other party without further liability of any sort.
12. PRE-CONTRACTUAL EXPENSE
The City of Temple City is not responsible for any pre-contractual expense generated due to
the submission of the bid.
13. CITY OF TEMPLE CITY BUSINESS LICENSE
Should the successful bidder not have a Temple City business license, one must be obtained
prior to the commencement of any work.
14. COMMUNICATION WITH CITY
Contractor shall designate one person as the representative of Contractor authorized to act
on its behalf with respect to this specified work. The City of Temple City, through a designated
representative, shall make inspections on a weekly basis, or as often as necessary to ensure
that complete and continuous maintenance is fulfilled. Contractor shall be required to attend
monthly meetings with City staff to review Contractor's performance and the condition of all
maintenance areas. Dates and times of meetings shall be set by the City and the Contractor.
These monthly meetings are not to substitute for Contractor's responsibility to regularly
inspect areas. The Contractor shall submit weekly inspection reports signed by the
Contractor's representative that shows that all areas have been inspected that week, which
areas are out of conformance with these specifications and the Contractor's plans for bringing
the areas into specification compliance.
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The Contractor shall submit a written report each month stating all contract work completed.
The report shall show the work completed during each week contract work was accomplished,
and shall be submitted with and cover the same work as the Contractor's billing statement for
the previous month's work. The report shall include documentation of irrigation checks and
chemical applications. Failure to submit reports by the tenth (10th) of each month shall result
in the Contractor forfeiting five hundred dollars from any amounts owed by the City.
15. LIABILITY AND INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of Work,
Contractor shall obtain, provide and maintain at its own expense during the term of this
Agreement, policies of insurance of the type and amounts indicated below by check marks,
described more fully below, and in a form that is satisfactory to City:
X 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.
X 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.
X 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:
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
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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 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.
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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. 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.
16. INDEMNIFICATION
Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for claims,
suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorney's fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in whole
or in part, the performance of this Agreement by Consultant or by any individual or entity for
which Consultant is legally liable, including but not limited to officers, agents, employees or
sub-contractors of Consultant.
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The Contractor shall, at his own expense and risk, defend any legal proceedings that may be
brought against the City of Temple City, its Council, officers, agents or employees therein,
within the provision of the above stated insurance.
17. INDEPENDENT CONTRACTOR
While engaged in carrying out and complying with the terms and conditions of the duties
outlined in this Request for Bids, the Contractor is an Independent Contractor not an Officer,
Agent or Employee of the City of Temple City. The personnel performing services shall at all
times be under the Contractor's exclusive direction and control and shall be employees of
Contractor and not employees of the City of Temple City. The Contractor shall pay all wages,
salaries, and other amounts due its employees in connection with this contract and shall be
responsible for all reports and obligations respecting them, including, but not limited to Social
Security, income tax withholding, unemployment compensation, worker's compensation
insurance, state disability insurance and similar matters.
All services to be rendered by the Contractor shall be subject to the control of the City.
Contractor shall advise City of matters of importance and make recommendations when
appropriate, however final authority shall rest with the City.
18. PAYMENT
Payment for all services shall be made based on the Monthly Cost Proposal bid price. Contractor
shall submit an invoice for services rendered the prior month. Invoices shall be paid by the City
within thirty days of receipt. Contractor shall not invoice the City for sites that were not maintained
per the agreed upon times per month.
19. COMPLETING AND SIGNING FORMS
The Contractor's attention is directed to the forms included in the Contract Documents, which
must be completed and signed. FAILURE TO PROPERLY COMPLETE AND SIGN ANY FORMS
MAY BE CAUSE FOR REJECTION OF A PROPOSAL.
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SECTION II
SCOPE OF WORK
Contractor shall provide all the necessary personnel, materials, equipment, transportation and
safety apparatus required to perform the following services:
LIVE OAK PARK COMMUNITY CENTER, ANNEX AND OUTDOOR RESTROOMS
1 0144 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
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
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
12
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. Occasional 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:
13
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 approximately 150 stackable chairs.
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.)
14
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 (?)-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.
15
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.Ciean 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.
16
I. Bid Proposal
SECTION Ill
SUBMITTALS
PROJECT NAME: CITYWIDE JANITORIAL SERVICES
COMPANY NAME I CONTRACTOR'S UCENSE #I Class I Termination Date
COMPANY ADDRESS CITY
NAME OF AUTHORIZED REPRESENTATIVE
REP. E-MAIL TELEPHONE#
1. Proposal
STATE ZIP
TITLE
FAX#
(a) Bidder has examined copies of all the Contract Documents, including without
limitation the Agreement wherein each of the other Contract Documents is identified,
and accepts all the terms and conditions thereof.
(b) Bidder proposes and agrees, if this bid is accepted, to enter into an agreement
with City in the form included in the Contract Documents to complete all work as
specified in the Agreement for the contract price and within the contract time indicated
in this bid and in accordance with the Contract Documents.
(c) This bid will remain open and not be withdrawn for the period specified in the
Instructions to Bidders. If awarded the bid, bidder will sign the Agreement and submit
the documents required by the Contract Documents within fifteen (15) days after the
date of the award of the contract by the City Council.
(d) Bidder has examined the site and locality where the work is to be performed and
the legal requirements and conditions affecting the cost, progress and performance of
the work in strict accordance with the Contract Documents.
(e) The cost proposal must include a firm monthly fee for Year 1 (July 1, 2018-June 30,
2019), Year 2 (July 1, 2019-June 30, 2020), and Year 3 (July 1, 2020-June 30, 2021)
that incorporates all aspects of the work plan and covers all tasks identified in the Scope of
Work.
(f) It is expected that general, overhead, and administrative costs are included in the
monthly fee. It will be assumed that all contingencies and/or anticipated escalations are
included.
17
2. Bid
Bidder agrees to provide all work as required and made necessary by the Contract
Documents for the sum of _____________________ _
__________ dollars ($ __________ ). Itemized
breakdown is as follows:
Bids shall include manpower, equipment, tools and shall include work outlined in the Scope
of Work.
Item Description Unit Qty. YEAR 1 YEAR2 YEAR3
Unit Price Unit Price Unit Price
1 Live Oak Park Community Center MO. 12
2 Live Oak Park Annex MO. 12
3 Live Oak Park Outdoor Restrooms MO. 12 .
4 City Hall MO. 12
5 Community Room MO. 12
6 Civic Center MO. 12
7 City Hall Outdoor Restrooms MO. 12
TOTAL
YEAR$
TOTAL 3 YEARS $
Attach additional pages, if necessary, for other services not listed above.
Are there any other additional or incidental costs that will be required
by your company in order to meet the requirements of the Scope of o YES o NO
Work?
If you answered "YES," please provide detail of said additional costs:
Please indicate any elements of the Scope of Work that cannot be met by your company.
Have you included in your proposal all informational items and forms
as requested?
18
DYES D NO
If you answered "NO," please explain:
3. Addenda
Bidder acknowledges receipt of Addenda identified as:
4. Bidder Information
(a) Bidder has _____ years of experience as a contractor in janitorial
maintenance.
(b) Please list at least 5 references of current or past contracts that are similar in scope
or scale and provide Company/City name, contact and additional information. Attach
additional pages if necessary.
COMPANY NAME
COMPANY ADDRESS
NAME OF AUTHORIZED REPRESENTATIVE REP. E-MAIL
TYPE(S) OF SERVICE PERFORMED YEARS OF SERVICE TELEPHONE#
COMPANY NAME
COMPANY ADDRESS
NAME OF AUTHORIZED REPRESENTATIVE REP. E-MAIL
TYPE(S) OF SERVICE PERFORMED YEARS OF SERVICE TELEPHONE#
19
COMPANY NAME
COMPANY ADDRESS
NAME OF AUTHORIZED REPRESENTATIVE REP. E-MAIL
TYPE(S) OF SERVICE PERFORMED YEARS OF SERVICE TELEPHONE#
COMPANY NAME
COMPANY ADDRESS
NAME OF AUTHORIZED REPRESENTATIVE REP. E-MAIL
TYPE(S) OF SERVICE PERFORMED YEARS OF SERVICE TELEPHONE#
COMPANY NAME
COMPANY ADDRESS
NAME OF AUTHORIZED REPRESENTATIVE REP. E-MAIL
TYPE(S) OF SERVICE PERFORMED YEARS OF SERVICE TELEPHONE#
5. Designation of Subcontractors
Listed below is the portion of the work which will be done by any subcontractor.
Subcontractor Location of work
20
Portion
of work
6. Rejection or Acceptance of Bids
This offer shall remain firm for 90 days from RFP Response Due Date. Terms and conditions set
forth in this RFP apply to this quote. My signature below indicated I have inspected and am
familiar with the locations and areas specified in this RFP and the quote provided is a firm fee for
all work.
The undersigned agrees that the City of Temple City reserves the right to reject any or all bids
and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems
to best serve the public interest.
Print Name Signature of Representative
Company Name Date
End of Bid Proposal
21
II. STATEMENT OF EXPERIENCE
The signatory of the Statement guarantees the truth and accuracy of all statements and of
answers to all questions hereinafter made. Failure to accurately complete this Statement, or
the making of any false statement therein, may render a Proposal non-responsive at the sole
discretion of the Parks & Recreation Director. All portions must be completed. Contractors
who do not thoroughly complete and return this form will be deemed nonresponsive and will
be excluded from submitting a Proposal.
1. How many years has your firm been in business under its present business name?
2. Please list all other or former names under which your firm has operated.
3. How many years of similar Janitorial services experience does your firm have?
4. Have you, your firm, or any officer or partner thereof, ever failed to complete a janitorial
services contract?
If yes, give details, including dates: (Use another sheet of paper, if necessary)
5. Has your business ever been assessed damages or penalties for failing to perform
janitorial services contract in a satisfactory manner or for failing to complete a contract within
the scope of work specified in the Contract Documents?
If yes, give details, including dates: (Use another sheet of paper, if necessary)
6. In what other lines of business do you, your firm, or any partner thereof have a financial
interest?
7. Does your business have any ongoing investigations by any agency regarding
violations of the State Labor Code, California Business and Professions Code, or other laws?
If yes, give details, including dates: (Use another sheet of paper, if necessary)
22
8. Does your business have any outstanding judgments, demands or liens resulting from
violations of the Business and Professions Code, the State Labor Code, Civil or Criminal
decisions?
If yes, give details, including dates: (Use another sheet of paper, if necessary)
9. Has your firm been cited for violations of OSHA Standards and Requirements within
the past five (5) years?
If yes, give details, including dates: (Use another sheet of paper, if necessary)
End of Statement of Experience
23
Ill. EXCEPTIONS TO THE SPECIFICATIONS
Exceptions to the specifications of any proposal stated herein shall be fully described in
writing by the proposer in the space provided below:
End of Exceptions to the Specifications
24
SECTION IV
EXHIBITS
Exhibit A-Contract Agreement Template
25
Agreement FOR
__ [NAME TYPE OF RECURRING OR NON-PROFESSIONAL SERVICE] __
Between
THE CITY OF TEMPLE CITY
and
Dated
Agreement FOR
_____ [name type of service] ____ _
This Agreement for [name type of service] ("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
---:---:----::---:--:-' 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 _ year(s) commencing on __ _
("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 (1 0) 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 Gal/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 seq., 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, clairn, demand, lien, or other instrument
which is a prerequisite or prelude to corn men cement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, "Costs and
Expenses" shall rnean 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. §11 001, 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 op1n1on, 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 (1 0) 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:VIII 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed the day and year first above written.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
CITY OF TEMPLE CITY
Bryan Cook, City Manager
CONTRACTOR:
By:-:-:---:---:---::-=-:::::---:-------
(Authorized Officer)
Narne~: ____________________ __
Title: ____________________ _
(2"d signature required if Corporation, Incorporation or Limited Liability
Corporation)
By:-:-:--::---:----:--::-::::---:------
(Authorized Officer)
Name~: ____________________ __
Title: ____________________ _
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.
[set out services]
LA#4842-7229-1141 vl 1
EXHIBIT "8" SCHEDULE OF PERFORMANCE
Contractor shall provide services identified in Exhibit "A" on a daily, weekly, monthly
basis as requested by City.
[provide specifics]
LA #4842~7229~1141 vi 1 ()
EXHIBIT "C" COMPENSATION
LA #4842~7229-1141 vl I ()
EXHIBIT "D" REPRESENTATIVES
City of Temple City
Attn: Name of Department
9701 Las Tunas Drive
Temple City, California 91780
Contractor:
LA #4842-7229-1141 vi 1 ()
EXHIBIT "E" BONDS REQUIRED
LA #4842~7229-1141 vl 1 ()
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:
LA #4842~7229~1141 vl
1
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
LA #4842-7229-1141 vi
2
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 (1 0) day notice is required) or non renewal 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.
LA #4842-7229-1141 vi
3
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.
LA #4842-7229-1141 vi
4
LA #4842-7229-1141 vi
Agreement FOR
CITYWIDE JANITORIAL SERVICES
Between
CITY OF TEMPLE CITY
and
UNITED MAINTENANCE SYSTEMS
Dated:
APRIL 17, 2018
ATTACHMENT B
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 United Maintenance Systems, 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 three (3) year(s) commencing on July 1,
2018 ("Term"). The Agreement may be renewed for up to an additional two (2) 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 Sf;lrvices 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
LA #4842-7229-1141 vl I
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 (1 0) 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
LA#4842-7229-ll41 vi 2
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 perforrn the Services and that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perforrn 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 Gal/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 perforrn the Services, and maintain its work area,
so as to avoid injury or darnage to any person or property and shall otherwise exercise
LA #4842-7229-1141 vi 3
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 seq., 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.
LA #4842-7229-1141 vl 4
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:
LA #4842-7229-1141 vi 5
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. §11 001, 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
LA #4842-7229-1141 vi 6
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 (1 0) 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.
LA #4842-7229-1141 vi 7
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:VIII
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 lime 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. AI 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-
LA#4842-7229-1141 vi 8
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
LA #4842-7229-1141 vi 9
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 rnay 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 rnaking 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.
LA #4842-7229-1141 vi 10
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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed the day and year first above written.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
LA #4842·7229·1141 vi
CITY OF TEMPLE CITY
Bryan Cook, City Manager
CONTRACTOR:
By: ~JJ'-
(Authorized Officer)
Name: /0 Yu vt J J < l.('e.
Title: 'Vve9,Je. /At=
I I
(2"d signature required if Corporation, Incorporation or Limited Liability
Corporation)
By:-:-:--::--:--~-:===:-:,. ::_. ~=o:::._ __ _
(Authorized Officer)
Name~: __ _2H~w~C~~L~~~~-----
Title: ___ ~:5e~c...!ve"'-.:t:Wi2L!:.•~~V:__ __ _
I
LA #4842-7229-1141 vI 12
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide all the necessary personnel, materials, equipment, transportation
and safety apparatus required to perform the following services:
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
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
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
LA #4842-7229-1141 vl
The following shall be performed on a daily basis, seven (?)-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 (?)-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. Occasional 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.
LA #4842-7229-1141 vi 2
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 quarlerly (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 approximately 150 stackable chairs.
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
6:00p.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.
LA #4842-7229-1141 vi 3
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.
LA #4842-7229-1141 vi 4
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.
LA #4842-7229-1141 vi 5
EXHIBIT "8"
SCHEDULE OF PERFORMANCE
Contractor shall provide services identified in Exhibit "A" on a daily, weekly, or monthly
basis, etc. as specified therein.
LA #4842-7229-1141 vi ()
EXHIBIT "C"
COMPENSATION
Service Provider shall use the following rates of pay in the performance of the
Services:
Year I (July 1, 2018-June 30, 2019)
1. Live Oak Park Community Center $2,250.00/mo
2. Live Oak Park Annex $ 500.00/mo
3. Live Oak Park Outdoor Restrooms $ 950.00/mo
4. City Hall $1 ,450.00/mo
5. Community Room $ 200.00/mo
6. Civic Center $ 150.00/mo
7. City Hall Outdoor Restrooms $ 450.00/mo
The total compensation for the Services for Year I shall not exceed $71,400.00
($5,950.00/month), as provided in Section 2 "Compensation and Method of
Payment" of this Agreement.
Year II (July 1, 2019-June 30, 2020)
1. Live Oak Park Community Center $2,300.00/mo
2. Live Oak Park Annex $ 525.00/mo
3. Live Oak Park Outdoor Restrooms $1 ,000.00/mo
4. City Hall $1 ,475.00/mo
5. Community Room $ 225.00/mo
6. Civic Center $ 175.00/mo
7. City Hall Outdoor Restrooms $ 475.00/mo
The total compensation for the Services for Year II shall not exceed $74,100.00
($6, 175.00/month), as provided in Section 2 "Compensation and Method of
Payment" of this Agreement.
LA #4842-7229-1141 vl 1 ()
Year Ill (July 1, 2020-June 30, 2021)
1. Live Oak Park Community Center $2,350.00/mo
2. Live Oak Park Annex $ 550.00/mo
3. Live Oak Park Outdoor Restrooms $1 ,050.00/mo
4. City Hall $1 ,500.00/mo
5. Community Room $ 250.00/mo
6. Civic Center $ 200.00/mo
7. City Hall Outdoor Restrooms $ 500.00/mo
The total compensation for the Services for Year Ill shall not exceed $76,800.00
($6,400.00/month), as provided in Section 2 "Compensation and Method of
Payment" of this Agreement.
LA #4842-7229-1141 vl 1 ()
City of Temple City
EXHIBIT "D"
REPRESENTATIVES
Attn: Parks & Recreation Department
9701 Las Tunas Drive
Temple City, California 91780
(626) 656-7321
Contractor:
United Maintenance Systems
3807 Wilshire Blvd. #800
Los Angeles, CA 90010
Attn: Jae Kim, Manager
P: (213) 739-1405
C: (213) 494-7470
LA #4842-7229-1141 vi 1 ()
LA #4842-7229-1141 vi
EXHIBIT "E"
BONDS REQUIRED
N/A
I ()
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:
X 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.
X 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.
X 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:
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
LA #4842-7229-1141 vi
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 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.
LA #4842-7229-1141 vi
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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 (1 0) 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. 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.
LA #4842-7229-1141 vi
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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.
LA #4842~7229-1141 vi
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