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HomeMy WebLinkAboutC-5020 - Maintenance Services for Central Library HVAC CleaningAGREEMENT FOR MAINTENANCE SERVICES WITH MINTIE CORPORATION FOR CENTRAL LIBRARY HVAC CLEANING THIS AGREEMENT FOR MAINTENANCE ( "Agreement") is made and entered into as of this _" day of(, 2011 ( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter city ( "City "), and MINTIE CORPORATION, a California corporation ( "Contractor'), whose principal place of business is 1114 San Fernando Road, Los Angeles, CA 90065 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 requires cleaning of the HVAC system at the Central Library as part of the expansion of the new Civic Center. C. City desires to engage Contractor to perform the Newport Beach Central Library HVAC Cleaning ( "Project "). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Commencement Date, and shall terminate on June 30, 2012, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall perform all the work described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work "). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 12. Contractor shall perform everything 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 the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to 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 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 soon as reasonably possible, but no event later than ten (10) 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 telephone, fax, hand - delivery or mail. 4. COMPENSATION 4.1. As full compensation for the performance and completion of the Project as required by the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit A, City shall pay to Contractor and Contractor accepts as full payment the sum Twenty- Four Thousand Dollars and 001100 ($24,000.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Work proceeds based on the percentage of Work completed. City shall pay Contractor no later than thirty (30) days after approval of the progress invoices by City staff. 4.2. Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum amount provided for in this Agreement, no further payments shall be made until City has accepted the final Work under this Agreement. 4.3. City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Services attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs Mintie Corporation Page 2 and/or other costs and /or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4. Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator (as defined in Section 5 below) to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit *.A 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Stephen G. Badum, Public Works Director or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 6.1. 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 unless approved in advance by the Project Administrator. 6.2. 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 highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1. 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. 7.2. 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 the Contractor. 7.3. 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 Mintie Corporation Page 3 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, attorney's 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). 7.4. 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 attorney's 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 the Consultant. 7.5. Contractor shall perform all Project 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 Project Work. 7.6. 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. 7.7. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 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. Mintie Corporation Page 4 9. 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 the Contractor on the Project. 10. INSURANCE 10.1. Without limiting Contractor's indemnification of City, and rip or 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. The cost of such insurance shall be included in Contractor's bid. 10.2. Coverage and Limit Requirements. 10.2.1. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 10.2.2. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 10.2.3. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 10.2.4. Builders Risk. For Agreements or Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work Mintie Corporation Page 5 for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 10.3. Other Insurance Provisions or Requirements. 10.3.1. 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 10.3.2. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 10.3.2.1. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 10.3.2.2. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 10.3.2.3. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. -- 10.4. 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. 10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required. 10.6. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 10.7. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 10.8. Waiver. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these 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 and insurance clauses from each of its subcontractors. 10.9. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 10.10. 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. Mintie Corporation Page 7 10.11. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 10.12. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. 10.13. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 11. PREVAILING WAGES 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 Contract shall be paid to all workmen employed on the Work to be done according to the Contract 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 workman or mechanic needed to execute the Contract. 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. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Work provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation Mintie Corporation Page 8 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. 13. 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. 14. CONFLICTS OF INTEREST 14.1. The 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. 14.2. 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 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. 15. NOTICES 15.1. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor 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. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Stephen G. Badum City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 15.2. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Michael Werlhof, ASCS Mintie Corporation 1114 San Fernando Road Los Angeles, CA 90065 Phone: 323 -493 -5141 Fax: 714 - 840 -0041 16. NOTICE OF CLAIMS 16.1. Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). 17. TERMINATION 17.1. 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 17.2. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 materials purchased in performance of this Agreement. 18. STANDARD PROVISIONS 18.1. 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. 18.2. Waiver. A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 18.3. Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 18.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and the Exhibits attached hereto, the terms of this Contract shall govern. 18.5. Amendments. This Contract 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. 18.6. Effect of Contractor's Execution. Execution of this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 18.7. Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 18.8. Eaual Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 18.9. 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. 18.10. 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. 18.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 18.12. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] Mintie Corporation Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: g( Zt (l( By: Aaron C. rp, City Attorney ATTEST: ,n Date: 0 CITY OF NEWPORT BEACH, A Californiapun ipal corporation Date: IIA,, -9-1,11 as K&n G. Badum is Works Director CONSULTANT: MINTIE CORPORATION, a California Corporation�r / Date: By: By: Leilani I. Brown' Kevin]Vlintie, City Clerk President & hief Executive Officer Date: tl I I1 0- a to Colleen Coo ks, Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Work & Fee Schedule Mintie Corporation Page 13 EXHIBIT A SCOPE OF WORK & FEE SCHEDULE Scope Of Work Newport Beach Libtary Cleaning HVAC Mintie Corporation will provide all necessary labor, materials, equipment and supervision per plans and specification of the above listed project is as follows: NEWPORT BEACH LIBRARY — I OOO AVOCADO F,�UIPME7`7T ' • Clean coils, fans and fan housings and vacuum plenums • Wash condensate pans and open drain lines • Rust reform all interior metals, prime and paint • Clean outside air mixing plenums and filter racks • Change filters provide by owners rep. • Wash Return air finis, plenums and louvers • Rust reform, prime and paint all interior surfaces for retumsystem • Hepa vacuum for out side air intakes, return air shafts back to each air handler system . , . • Hepa vacuum from air handlers 1 and 2 all supply ductwork in mechanical rooms to each supply shaft up thm the floors . • Rig supply shafts and dean and hepa vacuum supply shafts complete to second floor , • Seal all HP liner with DP 15/40 on the retum air side and OSA ductwork from louvers • Seal all supply'ductwork to shafts using Astro-Foil and seal all seams • Access points with the ductwork in the medanird room shall be Duct Mate access' doors or equal. No panels on the exposed ductwork • Install filter media on both Outside air louver during this.project to protect the newly rehabilitated equipment from dirt and debris created from the earth moving equipment nest door project byCWD. Total cost .................................... ............................... $24,000.00 The equipment includes air handlers # 1 & 2 with Return air systems I & 2 and all EF Fans for the facility. ACORO® CERTIFICATE OF LIABILITY INSURANCE DAM(MMMOf"M 12/812011 — THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER SullivanCurtisMonroe Insurance Services 251 S. Lake Ave., Suite 150 Pasadena, CA 91101 CONTACT NAME MORE UIC, N,. E-,. Not 626 92-6111 LIMR 9 A E-MAIL ADDRESS: INSURERISI AFFORDING COVERAGE NNCC 11 EGL00075 INSURERA: Ewnston Insurance Company 10/1/2012 www.SullivanCurtisMonme.com License #OE83670 INSURED Mintie Corporation 1114 N. San Fernando Rd. INSURERS: Llbedy COMMERCIAL GENERAL LIABILITY CLAIMS -MADE © OCCUR INSURER C: United States Fire Insurance D INSURERD: Golden Eanle Insurance Co. Los Angeles CA 90065 INSUREaE: $ 50,000 MED EXP (Any one on) WSUREft F: PERSONALS ADV INJURY $ 1,000,000 COVERAGES CFFMFICATFNIIMRFR' tlatnaDA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADM SUB POLICY NUMBER POLICY EFF MMID POLICY EXP MIU LIMR 9 A GENERALUABILITY 11 EGL00075 10/112011 10/1/2012 EEACHGGOEECiCiURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE © OCCUR p PAEMISEB &1E 1 $ 50,000 MED EXP (Any one on) $ 5,000 PERSONALS ADV INJURY $ 1,000,000 Ded.$5,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCES- COMP/OPAGG $ 2,000,000 $ POLICY PRO- LOC D AUTOMOBILE LAMUTY BA8603570(Callf) 10/1/2011 10/1/2012 fN]Eaa UELIMrr $ 1, 00,000 ANY AUTO BA8604570(AZ) 10/1/2011 10/1/2012 BODILY INJURY (Par Person) $ AUTOS LL WNED SCHEDULED BODILY INJURY (Par acddem) $ I eefd AGE $ HIREDALIrOS ��-0wNED $ Comp & Coll $ Ded. $1.000 1 1 B ULIBRED.A LIAB i/ OCCUR EXCLA1854838 1071/2011 10/1/2012 EACH OCCURRENCE $ $9000,000 AGGREGATE $ $9,000,00 EXCESS DAB CLAIMS7MDE DED RETENTION$ $ S C WORKERS COMPENSATION ANDEMPLOYEWLIABILRY YIN ANY PROPRIETOR ARTNEILEXECUTNE OFFICERR.IEMBI=R EXCLUDED'/ � (Mandatary In NH) NIA 4087029879 10/112011 101112012 WCSTATU CEN, T RY LIMITS EL. EACH ACCIDENT $ 1000000 E.L. DISEASE -EA EMPLOYEE $ 1,000.00 If y deecdbe user DESCRIPTH)N OF OPERATIONS bdw E.L. DISEASE - POLICY LIMIT I S 1,000000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (AHach ACORD ID1, AddMonal Remerhs Schedule, If more a pace In req.].d) City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are hereby named as additional insured per the General Liability endorsement. Genedal Liability Primary wording and wavier of subrogation per attached endorsements. Workers Compensation waiver of subrogation in favor the City of Newport Beach, per the attached endorsements CERTIFICATE OLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C'd�' of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33U0New ort Beach ACCORDANCE WITH THE POLICY PROVISIONS. Newport CA 92658 AUTHOREED REPRESENTATIVE MeloNS Cins ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010106) The ACORD name and logo are registered marks of ACORD CBRT NO.: 11810894 CLI= CODE. MINTICOR Seesica Rays -allie 12/9/2011 8:51:59 NI Peg. 1 of 5 Mintfe Corporation WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 000313 POLICY NUMBER: ' 4087029879 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We w81 not enforce our right against the person or organization named In the Schedule. (-Phis agreement appries only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED PER WRITTEN CONTRACT DATE OF ISSUE 121812011 IM Na0m ) Council on Componsatlon Uceurance. PRooucavCMV MRR MO.: 31810891 Ml CODS: MIMTIWR Jessica Rays -ellls 12/8 /2011 8:53:59 AM Page 2 Of 5 Mintie Corporation 12/8/2011 11 EGL00075 ENVIRONMENTAL Evanston insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM ' PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the insured agrees, in a written contract, signed by both parties and executed prior to the commencement of operations to provide a waiver of transfer of rights of recovery. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition of the respective coverage form(s) is amended by the addition of the following: We waive any right of recovery we may have` a @ffinst the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract with that person or organization and Included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. This waiver shall not apply for occurrences resulting from the sole negligence of the person or organization shown in the schedule. All other terms and conditions remain the same. MEEI 2225 08 10 Includes copyrighted material of insurance Services Office, Inc. with its Page 1 of 1 permission 7L�z ].� Mintie Corporation 1218/2011 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 11EGL00075 Evanston Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WITH PRIMARY AND NON - CONTRIBUTORY WORDING OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the insured agrees to provide Additional Insured with Primary and Non - Contributory status in a written contract signed by both parties and executed prior to the commencement of operations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) scheduled above. B. With respect to the insurance afforded to these addifional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury', "property damage ", or "personal and advertising injury" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. C. It is further agreed that coverage provided for the Additional Insured shown above shalt be primary insurance and any other Insurance maintained by the Additional Insured shall be excess and non - contributory, but only as respects any claim, loss or liability arising out of your operations, and only If such claim, loss or liability is determined to be solely your negligence or responsibility. All other terms and conditions remain the same. .K, MEGL 1543 04 11 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission. CeRT M.: 11810894 CI.IRRT =8: MIRTImR Jeecica Raya -Rilie 12/8/3011 8:53:59 M Page 4 of 5 POLICY NUMBER:71 EGL00076 COMMERCIAL GENERAL LIABILITY CG ZO 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O aniaation s : Location And Description Of Completed Opera - tions Blanket as required by written contract Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tions) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 4 ❑ = W.: 11810894 Ml= MDR: MIpTIMR Jessica Raya -Bllia 11 /8 11011 0:53:59 M Page 5 oY 5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 12 -08 -11 Date Completed: 12 -08 -11 Dept. /Contact Received From: Shauna Oyler Sent to: Shauna By: Company /Person required to have certificate: Type of contract: Minite Corporation All Other Joel GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10- 01- 11/10 -01 -12 included): Is it included? A. INSURANCE COMPANY: Evanston Insurance Company ❑ No B. AM BEST RATING (A -: VII or greater): A: XIV B. C. ADMITTED Company (Must be California Admitted): is not limited solely by their negligence) Does endorsement Is Company admitted in California? [-]Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? ❑ Yes E. ADDITIONAL INSURED ENDORSEMENT - please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must ❑ No include): Is it included? (completed Operations status does ❑ N/A ® Yes not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND LIMITS Waiver of Auto Insurance/ Proof of coverage (if individual) COMPLETED OPERATIONS ENDORSEMENT (completed (What is limits provided ?) Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is it Haulers only): included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be EFFECTIVE/EXPIRATION DATE: 10-01- 11/10 -01 -12 included): Is it included? ® Yes ❑ No J. CAUTION (Confirm that loss or liability of the named insured B. AM BEST RATING (A-: VII or greater) A: XV is not limited solely by their negligence) Does endorsement C. ADMITTED COMPANY (Must be California Admitted): include °solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® WA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No U. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10-01- 11/10 -01 -12 A. INSURANCE COMPANY: Golden Eagle B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance/ Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10- 01- 11/10 -01 -12 A. INSURANCE COMPANY: United States Fire Insurance Co. B. AM BEST RATING (A-: VII or greater): A: XIII C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 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? Approved: �J 12 -09 -2011 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach ® NIA ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ 1 ❑ NIA ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract.