Loading...
HomeMy WebLinkAbout09 - Approval of On-Call M/RSA for Roll-Up Doors and GatesQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report March 11, 2025 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kyle Brodowski, Facilities and Equipment Superintendent - 949-718-3464, kbrodowski@newportbeachca.gov TITLE: Approval of On -Call Maintenance and Repair Services Agreement for Roll -Up Doors and Gates with Excel Door & Gate Company, Inc. ABSTRACT: Based on the results of a request for proposals (RFP) process, staff recommends the City Council approve a new five-year, on -call maintenance and repair services agreement for doors and gates with Excel Door and Gate Company, Inc., for a total not -to -exceed (NTE) amount of $550,000. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a Maintenance and Repair Services Agreement with Excel Door and Gate Company, Inc. for on -call Roll -Up Door and Gates Maintenance and Repair Services for a five-year term and total not -to -exceed amount of $550,000; and c) Authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: Based on the results of an RFP process, staff recommends the City Council approve a new five-year, on -call agreement with Excel Door and Gate Company, Inc. for these services, for a not -to -exceed amount of $550,000. Many City of Newport Beach facilities have large roll -up doors, automated security gates, sliding glass doors, and exterior swing doors that require routine service and repairs for safe and reliable operation. Staff issued RFP No. 25-24 through the PlanetBids website on November 13, 2024, and received four proposals by the December 5, 2024 due date. Three staff members independently evaluated the proposals' technical scores, and three of the proposals received the 70% minimum score necessary to qualify for cost proposal review. 9-1 Approval of On -Call Maintenance and Repair Services Agreement for Roll -Up Doors and Gates with Excel Door & Gate Company, Inc. March 11, 2025 Page 2 The table below shows the average scores of the three qualifying proposals. Excel Door and Gate Company, Inc. received the highest aggregate score. Technical Score Cost Score Total Score Overall Proposer 60 Maximum 40 Maximum 100 Maximum Rank Excel Door and 55.00 34.91 89.91 1 Gate Company, Inc. GMAT 43.33 36.84 80.17 2 Action Door Repair Corporation 45.67 28.07 73.73 3 The proposed rates are roughly equal to those on the City's previous agreement for these services, and the proposed contract amount of $550,000 is based on historical costs over the previous five years. FISCAL IMPACT: The adopted budget includes sufficient funding for this purchase. It will be expensed to various accounts in the Fire, Police, Public Works and Utilities Departments depending on the respective door and gate location. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — On -Call Maintenance and Repair Services Agreement 9-2 ATTACHMENT A ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH EXCEL DOOR & GATE COMPANY, INC. FOR ON -CALL ROLL -UP DOOR, GATE AND ENTRY DOOR MAINTENANCE AND REPAIR SERVICES THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 11th day of March, 2025 ("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, CA 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 February 23, 2030, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 9-3 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No 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. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services underthis 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. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the 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 Five Hundred Fifty Thousand Dollars and 00/100 ($550,000.00), without prior written amendment to the Agreement. Excel Door & Gate Company, Inc. Page 2 9_4 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") may 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 forwhich 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. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in writing by City prior to use. 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. 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. Excel Door & Gate Company, Inc. Page 3 9_5 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 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 Public Works. City's Director of Public Works 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 carethat would be used by other reasonably competent practitioners of the same 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 Excel Door & Gate Company, Inc. Page 4 9.6 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 ordisapprove Contractor's Work promptly, ordelay orfaulty 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 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. Excel Door & Gate Company, Inc. Page 5 9_7 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. 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. Excel Door & Gate Company, Inc. Page 6 9_8 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. 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 Excel Door & Gate Company, Inc. Page 7 9_9 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 Agreement, shall become the exclusive property of City, and City shall have the sole right Excel Door & Gate Company, Inc. Page 8 9_10 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. Excel Door & Gate Company, Inc. Page 9 9.11 24.2 If subject to the Act and/or Government Code §§ 1090 et seck Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 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: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Rodwell Pascascio 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 Excel Door & Gate Company, Inc. Page 10 9.12 Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant 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 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 forwhich 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. LABOR 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, of 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. Excel Door & Gate Company, Inc. Page 11 9.13 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 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 Controllinq 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. Excel Door & Gate Company, Inc. Page 12 9.14 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. 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 9.15 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:_ t �21, By: ron C. Ha City Attorney S ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: _ Joe Stapleton Mayor CONTRACTOR: EXCEL DOOR & GATE COMPANY, INC., a California corporation Date: By: Rodwell Stephen Pascascio Sr. Chief Executive Officer Date: By: Michelle Shallene Pascascio Secretary, Chief Financial Officer [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 9_16 EXHIBIT A SCOPE OF SERVICES Excel Door & Gate Company, Inc. Page A-1 9_17 SCOPE OF SERVICES OBJECTIVE: Under the direction of the Public Works Department's Municipal Operations Division, Contractor shall preventatively maintain and repair garage roll -up doors, entry doors, sliding panel doors, and gates at the Civic Center, City's Corporation and Utilities Yards, the Big Canyon Reservoir, the Back Bay Science Center, eight fire stations, Police Department HQ, lifeguard buildings, libraries, and various City parks and recreation facilities. The Municipal Operations Division shall identify specific tasks, deliverables, and deadlines on an as -needed basis. MINIMUM QUALIFICATIONS: • Minimum five (5) years of experience in garage roll -up door, entry doors, sliding panel doors and gate preventative maintenance and repair services. • The Contractor shall posses a valid, active and in good standing, Class "C-61/D-28" contractor license (Doors, Gates, and Activating Devices) for a minimum of five continuous years and maintain it through the term of the contract. • From the start until the completion of work, the Contractor and any Subcontractors shall possess a valid Business License issued by the City. • Not have any pending disciplinary proceedings or investigations by the Contractors State License Board. • Currently or within the past five years, not have any suspensions, disbarments, or similar proceedings (including stipulated agreements), restricting, limiting or prohibiting proposer from proposing or performing public works projects for any other public agency. • Contractor shall be registered with the Department of Industrial Relations (DIR) for the electronic submittal of their certified payroll for prevailing wage. • Contractor to arrive within four (4) hours after initial call back, upon project manager request. • Have qualified personnel with prerequisite knowledge and experience in garage roll -up door, entry door, sliding panel doors, and gate preventative maintenance services. 9-18 SCOPE OF SERVICES DESCRIPTION: Service Proposal Requirements When the need for service arises, the Contractor shall provide a written proposal, including: • A detailed description of the services to be provided. • The position of each person assigned to perform the services. • The estimated number of hours and cost (including parts and material) to complete the services. • The time needed to complete the specific project. Proposals much match the contract cost -file. No services shall commence until the project manager has provided written acceptance of the proposal. Once authorized, the Contractor shall diligently perform the repair services in compliance with the contract terms. Should the proposal terms vary, the agreement terms will supersede. Locations Covered City -owned buildings and properties. Equipment Covered All door, gate, and equipment quantities listed in the Cost File and any other equipment at City locations as requested by the City's project manager. Contractor Supplied Equipment The Contractor shall supply all transportation, tools and equipment necessary for completing all work related to provided services, covered within the hourly labor and preventative maintenance cost (e.g., vehicles, fuel surcharge, delivery, tools of the trade, etc.). Rental equipment needed for on -call repairs must be approved prior to use and substantiated with rental receipts for invoicing (e.g., scissor lifts, boom lifts, cranes, etc.). Invoicing All invoices for on -call services must include: • Brief description of the work performed • Date the services were performed • Number of hours spent on all work billed on an hourly basis • Description of any reimbursable expenditures (materials, rental equipment, etc.) • Contracted labor rate • Shall include the name and the classification of the employee who performed the work • Material percentage markup Invoices shall be submitted monthly. Receipts will be required at the time of invoicing to substantiate percentage markup. All reimbursable materials shall be charged at cost plus no more than a 15% markup. Labor rates shall include supplies (e.g. belts, lubricants, rags, grease, wire 9-19 SCOPE OF SERVICES nuts, personal protective equipment, and sundries). Labor rates shall be charged at the standard labor rate specified in the Cost File. Response Requirements • Call back within ninety (90) minutes after the initial request from the City for on -call services. • Availability for same -day response, including after hours, weekends, and holidays. • Contractor shall be available 24 hours a day, 7 days a week. • Arrival within four (4) hours after initial call back. Working Hours • Normal working hours shall be between the hours of 7:00 AM and 4:00 PM, Monday through Friday. No weekend or after-hours work is to be scheduled without prior written permission from the City, unless it is an emergency as dictated by the City of Newport Beach contract administrator. o Weekend Hours, in such a case, shall begin Friday at 4:00 PM to 7:00 AM Monday. o After Hours, in such a case, shall begin Monday -Thursday at 4:00 PM to 7:00 AM the following day. • Holidays shall be based on the list of City Approved Holidays, and are listed below: o New Year's Day o Birthday of Martin Luther King, Jr. o Washington's Birthday o Memorial Day o Independence Day o Labor Day o Veterans Day o Thanksgiving Day o Christmas Day Warranty The Contractor's work shall carry a one (1) year workmanship warranty. Workmanship & Materials • The Contractor shall provide all labor and materials required for the successful completion of a project or work. • Labor rates shall include supplies (e.g. belts, lubricants, rags, grease, wire nuts, personal protective equipment, and sundries). • The City may reimburse the Contractor for materials procured, analyzed case -by -case, and agreed upon in the Contractor's proposal before work commences. Markup for materials is limited to cost plus a maximum of 15%. • Receipts are required for reimbursement for materials purchased for projects. WE SCOPE OF SERVICES • The City reserves the right to specify the type of material and/or equipment purchased per project. All equipment and material purchases must be preapproved by the Project Manager or designee. • The City reserves the right to purchase materials directly and provide them to the Contractor. In such cases, the following conditions apply: o The Contractor shall conform to all City practices and procedures. o All City purchases are for the sole expressed use of and for the City. o The Contractor shall secure, store, inventory, distribute, and control all materials entrusted to the Contractor's representatives. o All materials and inventories shall be made available to the City upon request. The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. • The Contractor shall maintain work areas with a well -manicured, clean appearance, and all work shall be performed in a professional manner using quality equipment. • The Contractor shall be responsible for any damages to public and/or private property caused during the course of the work. • The Contractor shall recognize that during the course of this Agreement, the City may have other contractors conducting other activities and/or operations in the immediate vicinity of requested work. Contractor shall make every effort to coordinate activities with existing operations. Other activities may include, but are not limited to, the following: o Landscape refurbishment; o Modification or repair of existing facilities; o Construction; and o Storm related operations • All tools and materials shall remain in Contractor's possession at all times. • All Contractor vehicles parked on site shall be secure at all times. • Contractor shall ensure all precautions for safety are taken. • Contractor shall obtain necessary building permits at no cost when required. • As required, Contractor shall provide traffic control per the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) "Watch Manual." • The Contractor is responsible for all underground service alerts prior to digging (DigAlert). PREVENTATIVE MAINTENANCE SERVICES TO BE PROVIDED: Preventative Maintenance: Contractor shall provide preventative maintenance routines as scheduled in the Cost File on a monthly, quarterly, and semi-annual basis. Parts and Materials: All parts and materials for preventative maintenances must be new, unused, and will be supplied by the contractor and included in the proposed rates (e.g. belts, lubricants, cleaners, rags, grease, wire nuts, etc.). Labor: Preventative maintenance services as described in this contract shall include all labor. 9-21 SCOPE OF SERVICES MONTHLY, QUARTERLY, OR SEMI-ANNUAL PREVENTATIVE MAINTENANCE (shall include but not be limited to): • Check all cables, springs and pull -down ropes or chains for wear and safe and proper operation. • Check, clean, and lubricate all tracks, rollers, bearings, hinges, drums and check motors for safe efficient operation. • Check and tighten all fasteners. • Check all safety edges, photo eyes, magnetic sensors, click to enter functions, key switches, timers, limit switches if so equipped for proper operation and setting. • Check all weather seals for proper fit and adjustment. • Grease and/or oil all parts moving parts requiring lubrication. • All fire rated doors shall be checked for correct release and drop speed. • Inspect all key switches/boxes to ensure properly functioning. • Check all gate timers for proper operation. • Check all gate radio receivers for proper operation. • Check all electromagnetic loops for proper operation. • Check chain tension and tighten or loosen as needed. • Make sure all warning tags and stickers are in place, updated and legible. • Clean all operator cabinets removing all dust and debris. • Adjust door closers, inspect weather strips, test function of ADA operators • Provide written after -action reports after each preventative maintenance visit outlining units serviced and issue discovered. • Provide written recommendations and estimated cost for repairs beyond normal preventive maintenance service including itemized cost of all parts. • Provide telephone numbers for after-hours, weekend and holiday emergency service. • Provide all tools necessary to perform service including equipment lifts and man lifts. • Complete any other preventative maintenance as recommended by the manufacturer. All invoices will be typed; no handwritten invoices will be accepted. Invoices will not be processed until after -action reports are received. ON -CALL SERVICES TO BE PROVIDED: Replacement Equipment, Parts, Materials, and Equipment Rentals All replacement equipment, parts, materials, and equipment rentals will be supplied by the Contractor at a contracted markup as shown in the Cost File. Receipts will be required at the time of invoicing to substantiate the percentage markup, with all charges at cost plus no more than a 15% markup. Labor rates for installation shall be charged at the standard labor rate specified in the Cost File. Any door or gate or man 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 or gate shall include its operating mechanism, frames, guides, brackets, rollers, cables, rails, and securing hardware and anything else that is required for a fully functional and operational door or gate. All doors and gates shall be lubricated and clean as required for a smooth and functional operation. 9-22 SCOPE OF SERVICES • All replacement counterbalance shafts shall be solid metal. No hollow metal shafts will be allowed. • All replacement counterbalance steel springs shall be of sufficient size to assure long life expectancy. The intention of these Special Provisions is to provide complete repair and maintenance 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 the Standards of the industry. New Installations and Replacements • New installations and replacements shall be quoted on a letter proposal as needed, per billing rates. Service calls will be initiated by City staff, with no guarantee or implication of any specific quantity of service call work during the contract term. 9-23 vvoR.�e''c�arrc%� 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 December 2, 2024 CITY OF NEWPORT BEACH REQUEST FOR PROPOSAL NO. 25-24 ON -CALL RULL-UP DOOR, GATE, AND ENTRY DOOR MAINTENANCE AND REPAIR SERVICES RFP ADMINISTRATOR: KYLE BRODOWSKI SUPERINTENDENT 949 718 3464 kbrodowski@newportbeachca.00v STATEMENT OF QUALIFICATIONS Excel Door and Gate Company, Inc., specializes in installation, repairs, service, and maintenance of all types of doors and gates, including but not limited to the following: Rollup Doors, gates, sectional doors, fire doors, high speed doors, high traffic doors and gates, hollow metal, wood, glass, and fiberglass doors, including all related hardware, and all types of motorized doors and gates, dock equipment, and related hardware. hold California State Contractor's licenses in the following classes: C61/D28 (doors and operating devices), and C23 (ornamental iron). We offer 24 hours emergency services with guaranteed same day service at competitive labor rates. Excel Door has been in business for twenty-eight (28) years. We have performed work for many Companies, Organizations, and Government Agencies on the West Coast including Reyes Coca Cola Bottling, The Orange County Sanitation District, The Boeing Company, Whole Foods, LAUSD, PSUSD, Cal -Trans, The Home Depot, Sherriff and Police Departments, EDD, The California Air Resources Board, and many others. We have proudly and successfully serviced the City of Newport Beach for the last nine years and continue to response on an as needed basis with the same unwavering commitment irrespective of a formal contract. Excel Door provides preventative maintenance service, and installations with excellent service, 9-24 and safety as a priority, both for our technicians and for our customers, their employees and the public at large. We ensure that our technicians are up to date with current technology trends within the industry and safety laws to provide the best possible service and recommendations on installations and repairs. Excel Door responds to all service calls with high priority and response as needed to ensure quality customer service, when Excel Door receives a service call you can expect to have a technician dispatched the same day. With our inventory of forklifts, scissors lifts, heavy power tools, hand power tools, skilled technicians, and fully equipped service vehicles with extension ladders, fall protection equipment, PPE, fire prevention equipment, welders, and industry related hardware, Excel Door is ready to respond any job. Based on our review we are confident that we are able to meet all services needed under this contract without the need for subcontractors. If awarded this contract, The City of Newport Beach would Contact Mr. Rodwell Pascascio, who will be assigned to this contract and will oversee all the scheduling, ordering and service. Mr. Pascascio is the President and CEO with an extensive background in all facets of the door industry (Over 40 years), maintaining full hands-on management of the daily activities of the company including onsite supervision to ensure the highest quality and delivery of service. We look forward to a favorable review and continued service to The City and the Community it serves. Regards, I Ro well scascio / President 9-25 IA. CONTRACTORS STATE LICENSE BOARI OContractor's License Detail for License # 546836 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should he aware of the following limitations. r C5LBComplaintdisclo$Lreisrestrictedbybw iBLP71:vu) If entity is subject to Public complaint disdosumclick on link that will appear below for more information. Click here fora definition of disclusablo actions. r Only construction Wated Civil judgments reportedto CSLB are disclosed (S&P 7071.17). , Arbiliations are not listed unless the contractor tails towmplywith theterms. , Due to woAload. there maybe releytnl inrormalian that has not Y el been entered Into the board's license database. Data current as of 12/5/202411:36:59 AM BLISineSS Information EXCEL DOOR & GATE COMPANY INC P O BOX 4924 RIVERSIDE, CA 92514 Business Phone Nuinber:(951) 352.9307 Entity Corporation Issue Date 11109/1988 Reissue Date 02/23/2001 Expire Date 02/28/2025 License Status This 11 tense is current and active. All Information below should be reviewed. Classifications e C-61/D28-DOORS, GATES AND ACTIVATING DEVICES e C23-ORNAMENTAL METALS Bonding Information Contractor's Bond This licensefiled a ContractorsBondwithAMERICANCONTRACTORS INDEMNITY COMPANY. Bond Number.720182 Bond Amount: $25,000 Effective Date: 01/01/2023 Contractor's Bond History Bond of Quotifying individual The qualifying individ ual ROD WELL STEPHEN PASCASCIO SR certified that he/she owns 10 percent or more of thevoUng stock/membership Interest of this cornpany;therefore, the Bond of Qualifying Individual is not required. Effective Date: 02/23/2001 Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:3011666 Effective Date: 01/01/2008 Expire Date: 03±0112025 Workers' Compensation History 9-26 EXHIBIT B SCHEDULE OF BILLING RATES Excel Door & Gate Company, Inc. Page B-1 9.27 Section 1: Billing Rates Important Note: Rates are inclusive of all costs including, but not limited to labor, travel, supplies, equipment, materials, and disposal in the performance of the prescribed tasks. Rate listed below should be total cost for all doors at that location. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GATES AND ROLL UP DOORS FIXED MAINTENANCE BILLING RATES Semi Quantity Quarterly Annual Annual Door Locations Address of Doors Cost Cost Cost Annual'Total City Divisions Notes 592 Superior Corporation yard Ave 45 1,;2000 2000 $ Public Works Big Canyon Reservoir 3300 Pacific PW View Dr. 5 IO $ / O D O Public Works 100 Civic Center Civic Center Dr. 1 l s $ 5 0 O Public Works Back Bay Science 600 Shellmake �SO / D 0 0 Center Rd 6 $ Public Works Utilities Yard 949 W. 16th St. 51 I `,-00 O $ 860 0 I Utilities Big Canyon Reservoir 3300 Pacific 3oo / d d Utilities. View Dr. 8 $ 02 Utilities 110 E. Balboa O Fire Station.1 Blvd. 2 y20 $ Fire 2807 Newport Fire Station 2 Blvd. 5 'ZS0 $ .500 Fire 868 Santa sd g Fire Station 3 Barbara Dr. 4 $ Fire )-500 Fire Station 4 124 Marine Ave 4 .5Q $ sd © Fire 410 Marigold Fire Station 5 Ave 4 $ I Fire 28 Fire Station 6 1348 Irvine Ave ` 2 ;_7 a $ / o n Fire 20401 S.W. �� I Fire Station 7 Acacia St 4 .011 $ Fire 6502 Ridge Park Sd ®® I Fire Station 8 jDr. 3 $ Fire Life Guard 170 2 50 Headquarters Newport pier 3 1 50 $ .600 Fire 870 Santa �� Police Department Barbara Dr 5 $ Police 1000 Avocado �l 0 0 b goo Bistro; Passport Central Library PW Ave. 2 Public Works Office Rollups 1000 Avocado 2 5o 0 D 0 Central Library Ave. 3 $ Libraries 801 Narcissus 2.60 50 0 3 doors 1 rollup Oasis Senior Center Ave 4 $ Recreation kitchen window 13010 5 0 1 S 0 C7 1 door 1 rollup Bonita Creek Park La Vida 2 $ Recreation kitchen window I1600 W Balboa I J So d I Marina Park Blvd 3 $ ` Recreation (Peak 20403 E Coastal I 240 00 I I Costal Peak 2 $ Recreation Bonita Canyon Sports 1 1990 Ford rd SD )-50 Park Field #3 4 $ Recreation (Coast 4850 West I �50 I$ �0 1 I Sunset Ridge Park Hyw 3 Recreation 29 9-29 Semi Quantity Monthly Quarterly Annual Gate locations Address of Gates Service Service Service Annual Total City Division' I Notes 592 Superior Corporation yard lAve 3 12 S O $ ,� DO.O Public Works (Back Bay Science 600 ShellmakeCenter lRd 1 S $ 66 0 Public Works (Utilities Yard 1949 W. 16th St. 4 I Z SO $ O 0 Utilities 5904 West Oil Field Gate (Coast Hwy 1 I 121.5 Utilities I Big Canyon Reservoir 3300 Pacific PW lViewDr. 1 / 2 $ ��� Q: Utilities 12807 Newport 2 �� I Fire Station 2 Blvd. 2 $ Fire 1868 Santa 20 6 ©O _ I Fire Station 3 Barbara Dr. 2 $ Fire 410 Marigold O _ Fire Station 5 Ave 1 $ 'S0 Fire 2 Fire Station 6 1348 Irvine Ave 1 'S Fire 20401 S.W. I Fire Station 7 Acacia St 1 JO $ Fire I6502 Ridge Park 2 �� 5-00 _ Fire Station 8 Dr. 1 $ Fire (Barbara 870 Santa I$ 50 0 I Police Department Dr 3 Police I 870 Santa a 5 I$ O (Pedestrian Police Department Barbara Dr 5 Police Gates Central Library Book 1000 Avocado r� t' J 0 I Book Conveyor Conveyor Belt Ave 1 $ Libraries Belt 30 9-30 Water Wheel Jamboree Rd and Bayview Way /�� $' �'� (� 1 ! $ Public Works Semi Quantity Monthly Quarterly Annual Entry Door Locations Address of Doors Service Service Service Annual Total City Divisions 1 Notes 1st Floor Entry doors and Sliding doors, /' p 1.200 6 0 O Community RM, 100 Civic center City Mall, Council Civic Center lDr 29 Public Works Chambers, Grand Total $ Sr0 ' D® �Od I A separate monthly invoice shall be generated for each City Division (i.e., Fire, Utilities, Public Works, Police, Libraries, Recreation). ON=CALL HOURLY RATES FOR NEW INSTALLATIONS, REPAIRS, AND. MAINTENANCE SERVICES. Normal Time: $� (Monday —Friday 50. 7am-4:00 pm) Overtime/Holidays: (Monday — Friday $ p0 4:00 pm-7 am, Saturday — Sunday) Minimum Hours: Parts Markup (15% Max): l S 31 9-31 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its 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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) 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 g 32 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. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of Excel Door & Gate Company, Inc. Page C-2 9_33 insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 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. Excel Door & Gate Company, Inc. Page C-3 9-34 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 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 9_35 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 Excel Door & Gate Company, Inc., 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 9-36 required by and in accordance with the provisions of Sections 9500 of 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 9.37 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 1 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. State of California (seal) 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 9.38 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 Excel Door & Gate Company, Inc., 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 9-39 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 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: M Aaron C. Harp City Attorney NEI Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Excel Door & Gate Company, Inc. Page E-2 . ,t 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 _ 1 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 _ _ 1 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 9_41