HomeMy WebLinkAboutC-7381-1 - On-Call M/RSA for Roll-Up Door Preventative Maintenance and As-Needed Repairs, Amendment No. 1-2o00Ft GATE Cd , �n/c_ Contractor's License # 546836
Excellence in Quality and Service Inland Empire Phone (951) 352 9307 Orange County Phone (714) 520 9025
Fax (951) 352 5991 Fax (714) 520 5201
PO Box 4924
Riverside, CA. 92514
PROPOSAL
Quote # RP-11442 3/22/2023 Page 1 of 1
Submitted to: City of Newport Beach
Corporation Yard
592 Superior Ave
Newport Beach, CA 92663
Attn: Luke Mason
Phone: 808 389 6179
Email: LMason@newportbeachca.gov
We are pleased to submit the following proposal:
PRODUCT: MAIN EXIT GATE
Furnish all materials and labor to remove and dispose of existing gate operators and install (2)
each Liftmaster HDSL 24UL, slide gate operators, complete with all required reversing sensors,
loop detectors, and nickel -plated drive chains. In addition, we will remove and install new
guide rollers and brackets, adjust, lubricate, and service the gates as needed. Set limits,
reattach all activation devices, reprogram timer, and operate gates to ensure proper
operation.
QUALIFICATIONS: All work to be performed 8:00 AM to 4:30 PM, Monday to Friday.
EXCLUSIONS: Any work not specifically included in this proposal.
WARRANTY: One (1) year on materials and labor provided.
DELIVERY: (2-3) Weeks from your order.
TERMS: Net (30) days.
ACCEPTANCE: Signed proposal and or purchase order.
TOTAL QUOTED AMOUNT: $ 17,490.00
Authorized Signature —
Rod Pascascio (Sales / Service)
(vote: I nis proposal may oe witnarawn ov us it not acceotea witnin
Note: Under Mechanic's Lien Law (California Code of Civil Procedure, Section 1181 et seq.), any contractor, subcontractor, supplier or other person who helps to improve your property but is not paid for his
work or supplies, has the right to enforce a claim against your property. This means that after a court hearing a court officer could sell your property and the proceeds of the sale used to satisfy the indebtedness.
This can happen even if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid.
All materials are guaranteed to be as specified. All work to be completed in a workman like manner according to standard practices. Any alterations or deviations from the above specifications involving extra costs will
be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. The owner is required to carry
fire, tornado, and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.
Acceptance Of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above
Authorized Signature
Print Name
Date of Acceptance
Title
a�
Contractors License # 546836
Excellence in Quality and Service Inland Empire Phone (951) 352 9307 Orange County Phone (714) 520 9025
Fax (951) 352 5991 Fax (714) 520 5201
PO Box 4924
Riverside, CA. 92514
PROPOSAL
Quote # RP-11441 3/13/2023 Page 1 of 1
Submitted to: City of Newport Beach
Police Department
870 Santa Barbara Drive Luke Digitally signed
Newport Beach, CA 92660 by Luke Mason
Attn: Carlos Alvarenga
Phone: 949 644 3664 Date: 2023.03.27
Email: calverenga(anbod.orn Mason
14:05:20-07'00'
We are pleased to submit the following proposal:
PRODUCT: EXTERIOR SALLY PORT ROLLUP DOOR
Furnish all materials, equipment, and labor to remove and dispose of existing defective rollup
door and install (1) each new Heavy Duty rollup door 14' 0" wide x 11' 3'r high, between jamb
mounted, complete with new curtain, wall angles, guides, hood cover, electric operator,
reversing edge, and all other related installation hardware.
QUALIFICATIONS: All work to be performed 8:00 AM to 4:30 PM, Monday to Friday,
EXCLUSIONS: Any work not specifically included in this proposal.
WARRANTY: One (1) year on materials and labor provided.
DELIVERY: (3-4) Weeks from your order.
TERMS: Net (30) days.
ACCEPTANCE: Signed proposal and or purchase order.
TOTAL QUOTED, AMOUNT: $ 14,490.00
Authorized Signature
Rod Pascascio (Sales / Service)
Note: This proposal may be withdrawn by us if not accepted within (30) days.
Note: Under Mechanic's Lien Law (California Cade of ❑vil Procedure, section 1181 et seq.), any contractor, subcontractor, supplier or other person who helps to improve your property but is not paid for Ns
worts or supp€€es, has the right to enforce a claim against your property. This means that after a court hearing a court officer could sell your property and the proceeds of the sale used to satisfy the Indebtedness.
This can happen even if you have paid your own contractor in full, it the subcontractor, laborer, or supplier remains unpaid.
All materials are guaranteed to be as specified. All work to be completed In a workman Ike manner according to standard practices. Arry alterations or deviations from the above spedfiicattoni Involving extra costs will
be executed only upon written orders and will become an extra rharge over and above the estimate. XI agreements are contingent upon stokes, aoddents or delays beyond our control. The owner is required to carry
fire, tornado, and other necessary Insurance. our workers are fully covered by Workmen's Compensation Insurance.
Acceptance of Proposal - The above prices, specifications and conditions are saGsfacrory and are hereby accepted. You are authorized to do the work as spedfied. Payment will be made as outlined above.
Authorized Signature Date of Acceptance
Print Name Title
7 noosr a �sarr Contractor's License # 546836
Excellence In Quality and Service Inland Empire Phone (951) 352 9307 Orange County Phone (714) 520 9025
Fax (951) 352 5991 Fax (714)520 5201
PO Box 4924
Riverside, CA. 92514
Quote # RP-11442
PROPOSAL
3/22/2023
Submitted to: City of Newport Beach
Corporation Yard
592 Superior Ave
Newport Beach, CA 92663
Attn: Luke Mason
Phone: 808 389 6179
Email: LMasonCc0newportbeachca.gov
We are pleased to submit the following proposal:
Page 1 of 1
PRODUCT: MAIN EXIT GATE
Furnish all materials and labor to remove and dispose of existing gate operators and install (2)
each Liftmaster HDSL 24UL, slide gate operators; complete with all required reversing sensors,
loop detectors, and nickel -plated drive chains. In addition, we will remove and install new
guide rollers and brackets, adjust, lubricate, and service the gates as needed. Set limits,
reattach all activation devices, reprogram timer, and operate gates to ensure proper
operation.
QUALIFICATIONS: All work to be performed 8:00 AM to 4:30 PM, Monday to Friday.
EXCLUSIONS:
pp/:1:7:7e1Q "
DELIVERY:
TERMS:
Any work not specifically included in this proposal.
One (1) year on materials and labor provided.
(2-3) Weeks from your order.
Net (30) days.
ACCEPTANCE: Signed proposal and or purchase order.
TOTAL QUOTED AMOUNT: $ 17,490.00
Authorized Signature
Rod Pascascio (Sales / Service)
Digitally signed by
Luke Mason Luke Mason
Date: 2023.03.27
14:04:57-07'00'
Note: Under Memories Llen Law (California Code of Civil Procedure, Section 1181 et seg.), any contractor, subcontractor, supplier or other person who helps to improve your property but Is not paid for his
work or supplies, has the right t, enforce a claim against your property. This means that after a court hearing a court officer could sell your property and the proceeds of the sale used to satisfy the Indebtedness.
This can happen even If you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid.
All materials are guaranteed to be as specified. All work to be completed In a workman like manner according to standard produces. Any alterations or deviations from the above specifications Involving extra costs will
be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. The owner is required to may
fire, tornado, and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.
Acceptance Of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Authorized Signature
Print Name
Date of Acceptance
AMENDMENT NO. TWO TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT WITH EXCEL DOOR & GATE
V COMPANY, INC. FOR ROLL -UP DOOR PREVENTATIVE
MAINTENANCE AND AS -NEEDED REPAIRS
THIS AMENDMENT NO. TWO TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
6th day of February, 2023 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and EXCEL DOOR &
GATE COMPANY, INC., a California corporation ("Contractor"), whose address is 13242
Solomon Peak Drive, Riverside, California 92503, and is made with reference to the
following:
RECITALS
A. On March 2, 2018, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to
perform on -call maintenance and/or repair services for City ("Project").
B. On September 10, 2019, City and Contractor entered into Amendment No. One to
extend the term and increase the total compensation for Contractor to perform on -
call maintenance and/or repair services for City.
C. The parties desire to entered into this Amendment No. Two to extend the term of
the Agreement and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2023, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTORS
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services in accordance with the provisions of
this Section and the Letter Proposal and the Schedule of Billing Rates attached to
Agreement as Exhibit B and incorporated herein by reference. Except as otherwise
provided herein, no rate changes shall be made during the term of this Agreement without
the prior written approval of City. Contractor's compensation for all Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Five
Hundred Fifty Thousand Dollars and 00/100 ($550,000.00), without prior written
amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
an increase in the volume of Services to be performed in accordance with this
Amendment No. Two, including all reimbursable items and subcontractor fees, in an
amount not to exceed Fifty Thousand Dollars and 00/100 ($50,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Excel Door & Gate Company, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2
� By.
ar n r
y Attorn
ATTEST: 31
Date:
By: g&'Jjlr�w�
Leilani I. Bro
City Clerk
PORT
ec�
=..._
�P
CgCIFoR-
CITY OF NEWPORT BEACH,
a California mLricipal corporation
Date: z
By:
Gr ce . Leung
it anager
CONTRACTOR: Excel Door & Gate
Company, Inc., a California corporation
Date:
Signed in Counterpart
By:
Rodwell Pascascio Sr.
Chief Executive Officer
Date:
Signed in Counterpart
By:
Michelle Pascascio
Secretary
[END OF SIGNATURES]
Excel Door & Gate Company, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: z —6- Z3 Date:
By: By:
ar n r a���a3D� Grace K. Leung
y Attorna City Manager
ATTEST: CONTRACTOR: Excel Door & Gate
Date: Company, Inc., a California corporation
Date: 0 - 2, 02 3
By:
Leilani I. Brown Rod\411 P scascio Sr.
City Clerk Chief Executive Officer
Date: v'9
By.
Miche4e Pascas io
Secretary
[END OF SIGNATURES]
Excel Door & Gate Company, Inc. Page 3
CITY OF NEWPORT BEACH
949 W. 16" Street
Newport Beach, California 92663
949 644-3011 1949 646-5204 FAX
newportbeachca.gov/municipaloperations
Attn: Rodwell Pascascio Sr.
Excel Door & Gate Company, Inc.
13242 Solomon Peak Drive
Riverside, CA 92503
RE: Notification of 2022 CPI Adjustment to Billing Rates for contract C-7381-1, Roll -Up Door
Preventative Maintenance and As -Needed Repairs.
Per section 4.2 of the contract, Exhibit B (Schedule of Billing Rates) shall be adjusted in proportion
to the changes in the Consumer Price Index, subject to a maximum annual increase of 2.0%. The
Consumer Price Index data to be used shall be from the month that is three (3) months prior to the
anniversary date of the agreement. The effective date of the agreement is March 2, thus CPI
adjustments will be determined based on the November data.
The updated schedule of billing rates shall be applied to all work completed on or after the
anniversary of the effective date March 2. A breakdown of the CPI adjustment is detailed below.
Applied CPI
CPI Data
CPI Increase from
Percentage (if CPI is
Total CPI Increase from
Prior Year
over the 2.0%
2018 Billing Rates
maximum)
2017 259.22
N/A
N/A
N/A
2018
267.631
3.24%
2.00%
2.00%
2019
275.553
2.96%
2.00%
4.00%
2020
279.56
1.45%
1.45%
5.45%
2021
297.925
6.57%
2.00%
7.45%
'The total annual increase compared to 2020 is 6.57%, which is more than
the annual maximum increase of 2.00%. Therefore, a 2.00% adjustment shall
be applied to the billing rates.
Please see the attached updated Billing Rates with the 2.00% increase. The new rates will become
effective March 2, 2022.
Thank you,
Digitally signed by Luke
Mason
Luke Mason Date: 2022.02.1010:44:18
-08'00'
Luke Mason
Facilities Maintenance Supervisor
Micah Martin
Deputy Director of Public Works,
Municipal Operations Division
2022 Billing Rates
Repair Services Hourly Rates
CITY OF NEWPORT BEACH
949 W. 161^ Street
Newport Beach, California 92663
949 644-3011 1949 646-5204 FAX
newportbeachca.gov/municipaloperations
Regular Hourly Rate
$102.28
Minimum Hours
1
After -Hours Rate
$129.20
Minimum Hours
1
Weekends
$129.20
Minimum Hours
1
Holidays
$129.20
Minimum Hours
1
Maintenance Services Fixed Rates
Location
Address
Quantity
Quarterly
Annual Total
of doors
Price
Back Bay Science
600 Shellmaker Rd.
6
$ 236.86
$ 947.44
Center
Big Canyon Reservoir
3300 Pacific View Dr.
8
$ 322.99
$ 1,291.97
Corporation Yard
592 Superior Ave.
45
$ 2,034.85
$ 8,139.40
Utilities Yard
949 W. 161h Street
51
$ 2,481.65
$ 9,926.62
Total For all Locations:
$ 20,305.43
a00ft GATE CO_, �n/c_
Contractor's License # 546836
Excellence in Quality and Service Inland Empire
Phone (951) 352 9307 Orange County Phone (714) 520 9025
Fax (951) 352 5991 Fax (714) 520 5201
PO Box 4924
Riverside, CA. 92514
PROPOSAL
Quote # RP-11028(B)(REV1.0)
11/9/2020 Page 1 of 1
Submitted to: CITY OF NEWPORT BEACH
Jobsite: UTILITIES YARD
CORPORATION YARD
592 SUPERIOR AVE
NEWPORT BEACH, CA 92663
Attn: Patrick Newett
Phone: 949-718-3476
Cell: 949-375-2430
Email: Pnewett@newportbeachca.gov
We are pleased to submit the following proposal:
PRODUCT: BUILDING #5, DOOR #D
REPLACE DOOR AND OPERATOR
FURNISH ALL MATERIALS, EQUIPMENT AND LABOR TO REMOVE AND DISPOSE OF EXISTING DAMAGED DOOR
AND INSTALL (1) EACH NEW ROLLUP DOOR COMPLETE WITH WALL ANGLES, GUIDES, CURTAIN, HOOD AND
HARDWARE, (1) EACH POWERMASTER MG-103, 208V, 3PH ELECTRIC OPERATOR, COMPLETE WITH THREE
BUTTON CONTROL STATION, PHOTO ELECTRIC MONITORED REVERSING DEVICE, ELECTRIC REVERSING
DEVICE FITTED TO THE BOTTOM RAIL OF THE DOOR, EMERGENCY MANUAL CHAIN HOIST, AND ALL OTHER
RELATED INSTALLATION HARDWARE.
MATERIALS TOTAL $ 6,680.00
MATERIALS MARKUP 15% $ 1,002.00
TAX TOTAL $ 595.36
EQUIPMENT RENTAL $ 900.00
LABOR TOTAL (40 HRS @98.84/HR) $ 3,953.60
QUALIFICATIONS: All work to be performed 8:00 AM to 4:30 PM, Monday to Friday.
EXCLUSIONS: Any work not specifically included in this proposal.
WARRANTY: One (1) year on materials and labor provided.
DELIVERY: (4-6) WEEKS from your order.
TERMS: Net (30) days.
ACCEPTANCE: Signed proposal and or purchase order.
TOTAL QUOTED AMOUNT: $ 13,130.96
Authorized Signature — -
Rod Pascascio (Sales / Service)
Note: This proposal may be withdrawn by us if not accepted within (30) days.
Note: Under Mechanic's Lien Law (California Code of Civil Procedure, Section 1181 et seq.), any contractor, subcontractor, supplier or other person who helps to improve your property but is not paid
for his work or supplies, has the right to enforce a claim against your property. This means that after a court hearing a court officer could sell your property and the proceeds of the sale used to satisfy the
indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid.
All materials are guaranteed to be as specified. All work to be completed in a workman like manner according to standard practices. Any alterations or deviations from the above specifications involving extra
costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. The owner
is required to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance.
Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined
above.
Authorized Signature Date of Acceptance
Print Name Title
AMENDMENT NO. ONE TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT WITH EXCEL DOOR & GATE
COMPANY, INC. FOR ROLL -UP DOOR PREVENTATIVE
MAINTENANCE AND AS -NEEDED REPAIRS
THIS AMENDMENT NO. ONE TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this
10th day of September, 2019 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and Excel Door &
Gate Company, Inc., a California corporation ("Contractor"), whose address is 13242
Solomon Peak Dr. Riverside, CA 92503, and is made with reference to the following:
RECITALS
A. On March 2, 2018, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to
perform on -call maintenance and/or repair services for City ("Project").
B. City desires to enter into this Amendment No. One to extend the term and increase
the total compensation for Contractor to perform on -call maintenance and/or repair
services for City ("Project").
C. City and Contractor mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 1, 2023, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTORS
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services in accordance with the provisions of
this Section and the Letter Proposal and the Schedule of Billing Rates attached to
Agreement as Exhibit B and incorporated herein by reference. Except as otherwise
provided herein, no rate changes shall be made during the term of this Agreement without
the prior written approval of City. Contractor's compensation for all Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Five
Hundred Thousand Dollars and 00/100 ($500,000.00), without prior written amendment
to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
an increase in the volume of Services to be performed in accordance with this
Amendment No. One, including all reimbursable items and subcontractor fees, in an
amount not to exceed Three Hundred Eighty Thousand Dollars and 00/100
($380,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Excel Door & Gate Company, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date,. —
By:
&A
Aaron C. Harp HH I
City Attorney g1I 111
ATTEST: k�k-lq
Date:
By:
JNYk,--
Leilani I. Brown
City Clerk
OR
e\
Q4LIF��
CITY OF NEWPORT BEACH,
a
Dal
By:
C
Mayor
CONTRACTOR: Excel Door & Gate
Company, Inc., a California corporation
Date: 9-le- --/
Rodwell Pascascio Sr.
President
Date: A
By
Miche Pascascio
Secretary
[END OF SIGNATURES]
Excel Door & Gate Company, Inc. Page 3
00
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH EXCEL DOOR & GATE COMPANY, INC. FOR
v ROLL -UP DOOR PREVENTATIVE MAINTENANCE AND AS -NEEDED REPAIRS
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 2nd day of March, 2018 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and EXCEL DOOR & GATE COMPANY, INC., a
California corporation ("Contractor"), whose address is 13242 Solomon Peak Drive
Riverside, California 92503, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City ("Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 1, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the (1) on -call repair services ('Repair Services"),
and (2) fixed maintenance services ("Maintenance Services"), as described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
(collectively "Services" or "Work").
2.1.1 Repair Services.
2.1.1.1 Upon written request from the Project Administrator as
defined herein, Contractor shall provide a letter proposal for Repair Services requested
by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall
include the following:
2.1.1.1.1 A detailed description of the Repair Services to be
provided;
2.1.1.1.2 The position of each person to be assigned to
perform the Repair Services, and the name of the individuals to be assigned, if available;
2.1.1.1.3 The estimated number of hours and cost to
complete the Repair Services; and
2.1.1.1.4 The time needed to finish the specific project.
2.1.1.2 No Repair Services shall be provided until the Project
Administrator has provided written acceptance of the Letter Proposal. Once authorized
to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal.
2.1.2 Maintenance Services.
2.1.2.1 Contractor shall diligently perform all the Maintenance
Services described in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference.
2.1.2.2 Contractor shall perform all Work required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services necessary for the
Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
Excel Door & Gate Company, Inc. Page 2
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services in accordance with the provisions
of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto
as Exhibit B and incorporated herein by reference. Except as otherwise provided herein,
no rate changes shall be made during the term of this Agreement without the prior written
approval of City. Contractor's compensation for all Services performed in accordance
with this Agreement, including all reimbursable items, shall not exceed One Hundred
Twenty Thousand Dollars and 00/100 ($120,000.00), without prior written amendment
to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
Excel Door &Gate Company, Inc. Page 3
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Rodwell Pascascio Sr. to
be its Project Manager. Contractor shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Facilities Maintenance Supervisor or designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator shall represent City in all matters pertaining to the Services to be rendered
pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
Excel Door & Gate Company, Inc. Page 4
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
Excel Door & Gate Company, Inc. Page 5
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
Excel Door & Gate Company, Inc. Page 6
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
Excel Door & Gate Company, Inc. Page 7
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Excel Door & Gate Company, Inc. Page 8
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
Excel Door & Gate Company, Inc. Page 9
of this Agreement by City. Contractor shall indemnify and hold harmless City for any and
all claims for damages resulting from Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Facilities Maintenance Supervisor
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Rodwell Pascascio Sr.
Excel Door & Gate Company, Inc.
13242 Solomon Peak Drive
Riverside, CA 92503
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
Excel Door & Gate Company, Inc. Page 10
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
Excel Door & Gate Company, Inc. Page 11
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
Excel Door & Gate Company, Inc. Page 12
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Excel Door & Gate Company, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST: �,I IO
Date: 'j b
By: ` ''
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: _-�
BY:
Dave Kiff
City Manager
CONTRACTOR: Excel Door & Gate
Company, Inc., a California corporation
Date: 3-- /5 -ao/ 8
64zr;� -
R dw asca cio Sr.
resident
Date: �2'/S - ay/f
B/�/GQ�
Michele Pascasci
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Excel Door & Gate Company, Inc. Page 14
EXHIBIT A
SCOPE OF SERVICES
• DESCRIPTION OF PROJECT
o Contractor shall furnish all labor, equipment, materials, and supervision to
perform garage door maintenance as described herein including, but not
limited to, the following:
• Preventive Maintenance per frequency outlined in Exhibit B
• On -Call Repair Service
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 AM and 4:00 PM,
Monday through Thursday, 7:00 AM to 3:30 PM Fridays. No weekend or
after-hours work is to be scheduled without prior written permission from the
City.
■ Weekend Hours, in such a case, shall be Friday at 3: 30 PM to 7:00
AM Monday.
o Holidays shall be based on the list of Federal Holidays, and are listed
below:
■ New Year's Day
■ Birthday of Martin Luther King, Jr.
• Washington's Birthday
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veterans Day
■ Thanksgiving Day
• Christmas Day
• REPAIR SERVICES
Contractor shall provide the following repairs and perform the work as requested
by City and pursuant to a Letter Proposal approved by the City, in accordance with
the following:
o Any door damaged by collision or malfunction shall be repaired or replaced
as soon as materials can be obtained and the door placed back in operation.
All parts of doors shall include, its operating mechanism, for both electrical
Excel Door & Gate Company, Inc. Page A-1
and manual, frames, guides, brackets, rollers, cables, rails, and securing
hardware and anything else that is required for a fully functional and
operational door.
o All doors shall be lubricated as required for a smooth and functional
operation.
o All replacement counter balance shafts shall be solid metal. No hollow metal
shafts will be allowed.
o All replacement counter balance steel springs shall be of sufficient size to
assure long life expectancy. The intention of this Scope of Services is to
require complete repair of the City's roll up doors, screens, and bi-fold doors
to assure that all doors are fully functional and operational. Any other such
items or details, not mentioned above, that are required to keep all doors in
good working order in accordance with community professional standards
and with the ordinary degree of skill and care that would be used by other
reasonably competent practitioners of the same discipline under similar
circumstances.
o Provide telephone numbers for after-hours, weekend and holiday service
o Provide 24-hour service in response to a Letter Proposal accepted by City.
A technician will respond within one (1) hour by phone and be onsite within
two (2) hours of service request, in response to a Letter Proposal accepted
by City. Furnish on -site documentation of all Project Managers and repair
work for parts descriptions, cost, and labor to City's Project Administrator.
o Provide all tools necessary to perform service including equipment lifts and
man lifts.
• MAINTENANCE SERVICES
Contractor shall perform the following preventive maintenance tasks per the
frequency outlined in Exhibit B:
o Check all cables, springs and pull down ropes or chains for wear and safe
operation.
o Check all tracks, rollers, bearings, hinges, drums and motors for safe
efficient operation.
o Tighten all fasteners as needed.
o Check all safety edges, if so equipped.
o Check all weather seals in an effort to improve energy efficiency.
o Grease and/or oil all parts as needed.
o All fire rated doors shall be checked for correct release and drop speed.
o Inspect all key switches/boxes to ensure properly functioning.
o Make sure all warning tags and stickers are in place, updated and legible.
o Provide written recommendations and estimated cost for repairs beyond
normal preventive maintenance service including itemized cost of all parts.
Excel Door & Gate }Company, Inc. Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Excel Door & Gate Company, Inc. Page B-1
REPAIR SERVICES HOURLY RATES
Regular Hourly Rate
$
Minimum Hours
95.00
After -Hours Rate
$
Minimum Hours
1
120.00
Weekends
$
Minimum Hours
1
120.00
Holidays
$
Minimum Hours
1
120.00
MAINTENANCE SERVICES FIXED RATES
Location
Address
Quantity of
Quarterly Price
Annual Total
doors
Back Bay Science
600 Shellmaker
6
$
$
Center
Rd.
220
880
Big Canyon
3300 Pacific
8
$
$
Reservoir
View Dr.
300
1200
Corporation Yard
5925uperior
45
$
$
Ave.
1
1890
1 7560
Utilities Yard
949 W. 16th
51
$
$
Street
2305
9220
Total For all Locations:
$ 18860
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Excel Door & Gate Company, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Excel Door & Gate Company, Inc. Page C-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
Excel Door & Gate Company, Inc. Page C-3
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Excel Door & Gate Company, Inc. Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Excel Door & Gate Company, Inc. Page D-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Excel Door & Gate Company, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Excel Door & Gate Company, Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Excel Door & Gate Company, Inc. Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Excel Door & Gate Company, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Excel Door & Gate Company, Inc. Page E-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/13/18 Dept./Contact Received From: Joan
Date Completed: 4/24/18 Sent to:
Company/Person required to have certificate:
Type of contract:
Joan
By: Jan
Excel Door & Gate Comoanv
Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/26/17 — 3/26/18
A.
INSURANCE COMPANY: Lloyds
B.
AM BEST RATING (A-: VII or greater): Not Rated
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes E No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$IM/$2M
E.
ADDITIONAL INSURED ENDORSEMENT —please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
11. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/24/17 — 6/24/18
A.
INSURANCE COMPANY: Fanners Insurance Exchange
B.
AM BEST RATING (A-: VII or greater) A / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500.000
UM, $2M min for Waste Haulers): What is limits provided?
$2,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
E Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
E Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
E N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
E Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/18— 1/1/19
A. INSURANCE COMPANY: State Compensation Insurance Fund
B. AM BEST RATING (A-: VII or greater): Not Rated
C. ADMITTED Company (Must be California Admitted): ® Yes [-]No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4/24/18
Date
$1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval required for non -rated and non -admitted General Liability carrier. 3/13/18 Risk
Manaqement approved used of carrier.
Approved
Risk Management
* Subject to the terms of the contract.
Date