HomeMy WebLinkAboutC-8019-1 - M/RSA for Window Washing and Exterior Cleaning Services for the Newport Beach Civic Center, Police Department Headquarters and Marina ParkCITY OF NEWPORT REACH
100 Civic Center Dr.
Newport Beach, California 92660
949 644-3311 1 949 646-5204 FAX
newportbeachca.gov/publicworks
June 22, 2022
Attn: Marius Opre
Crown Building Services, Inc.
548 Malloy Ct.
Corona, CA 92880
RE: Notification of 2022 CPI Adjustment to Billing Rates for contract C-8019-1, Window Washing
and Exterior Cleaning Services for Newport Beach Civic Center, Police Department Headquarters
and Marina Park
Per section 4.2 of the contract, Exhibit B (Schedule of Billing Rates) shall be adjusted in proportion
to the changes in the Consumer Price Index, subject to a maximum annual increase of 2,0%. The
Consumer Price Index data to be used shall be from the month that is three (3) months prior to the
anniversary date of the agreement. The effective date of the agreement is April 26, thus CPI
adjustments will be determined based on the January data.
The updated schedule of billing rates shall be applied to all work completed on or after the
anniversary of the effective date April 26. A breakdown of the CPI adjustment is detailed below.
Applied CPI
CPI Increase from
Percentage (if CPI
Total CPI Increase
CPI Data
Prior Year
is over the 2.0%
from 2016 Billing
maximum)
Rates
2016
247.155
NIA
N/A
NIA
2017
252.373
2.11%
2,00%
2.00%
2018
261.235
3.51 %
2.00%
4.00%
2019
269,468
3.15%
2.00%
6.00%
2020
277.755
3.08%
2.00%
8.00%
2021
280.178
0.87%
1 N/A
8.87%
2022
301.209
7.51%
2.00%
10.87%
Please see the attached updated Billing Rates with the 2.00% increase. The new rates will become
effective April 26, 2022.
Thank you,
Digitally signed by Kyle Brodowski
Kyle Brodowski pate: 2022.06.27 07.46:35 -07'00'
Kyle Brodowski
Fleet and Facilities Manager
Micah Martin
Deputy Director of Public Works,
Municipal Operations Division
2022 Billing Rates
FACILITY: CIVIC CENTER AND CENTRAL LIBRARY
Price per
Task
Frequency
Annual Price
Instance
Wash Exterior Glass
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Quarterly
$5,488.18
$21,952.73
Wash Glass Rails and Hand Rails
Wash Rails and Outdoor Furniture on Second
Floor Decks
Wash Trellises
Semi -Annually
$1,940.27
$3,880.53
Deep Clean all Interior Glass, Inter -Office Glass
(High and Low) and Interior Skylights
Annually
$4,302.96
$4,302.96
1i:'�IcrI:1'
Task
Frequency
Price per
Annual Price
Instance
Wash Exterior Glass
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Quarterly
$1,751.78
$7,007.13
Wash Glass Rails and Hand Rails
Deep Clean all Interior Glass, Inter -Office Glass
(High and Low) and Interior Skylights
Annually
$2,216.34
$2,216.34
Task
Frequency
Price per
Annual price
Instance
Wash Exterior Glass
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Quarterly
$526.64
$2,106.57
Wash Glass Rails and Hand Rails
Wash Trellises
Semi-
$205.11
$410.23
Annually
Deep Clean all Interior Glass, Inter -Office Glass
Annually
$277.18
$277.18
(High and Low) and Interior Skylights
Price per
Task
Frequency
Annual Price
Instance
Wash Exterior Glass
Quarterly
$637.52
$2,550.06
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Deep Clean all Interior Glass, Inter -Office Glass
(High and Low) and Interior Skylights
Annually
$437.95
$437.95
FACILITY: MARINA PARK
Task
Frequency
Price per
Instance
Annual Price
Wash Exterior Windows
Quarterly
$1,419.17
$5,676,66
Wash Upper Portion of Lighthouse Glass
Quarterly
$354.79
$1,419.17
Wash exterior windows of cafe 15F floor only
Quarterly
$177.40
$709.58
Wash Interior Windows (All Glass Under 7')
Annually
$709.58
$709.58
Wash Interior Glass of Two (2) Stairwells
Annually
$354,79
$354.79
Wash Interior High Glass Located in the "Sailing
Bay" (Boom Lift Required for Access)
Annually
$864.80
$864.80
Wash interior window of the cafe 151 floor only
Annually
1 $199.57
1 $199.57
FACILITY: POLICE DEPARTMENT HEADQUARTERS
Task
Frequency
Price per
Annual Price
Instance
Wash Exterior Windows for the Newport Beach
Police Department Headquarters. All water-
Semi -Annually
$709.58
$1,419.17
soluble items on glass to be washed.
Task
Price per Instance
Roof Cleaning
$6,203.31
Exterior Beam Cleaning
$3,985.86
Wash Exterior "Sail" Surface of Council Chambers
$748.39
Bird and Bee Control
$105.33,00/HR, Plus Materials
Hard Water Stain Removal (per window)
$27.72
Wash and Interior and Exterior Skylight at Central Library
$554.36
AMENDMENT NO. ONE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CROWN BUILDING SERVICES, INC. FOR
WINDOW WASHING AND EXTERIOR CLEANING SERVICES FOR THE
NEWPORT BEACH CIVIC CENTER, POLICE DEPARTMENT HEADQUARTERS
AND MARINA PARK
THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 26th day of
January, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and CROWN BUILDING
SERVICES, INC., a California corporation ("Contractor"), whose address is 548 Malloy
Ct, Corona, CA 92880, and is made with reference to the following:
RECITALS
A. On April 26, 2016, City and Contractor entered into a Maintenance/Repair Services
Agreement ("Agreement") for Contractor to perform window washing and exterior
cleaning services for the Newport Beach Civic Center, Police Department
Headquarters and Marina Park ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to April 26, 2024, to increase the total compensation, amend the
Administration, Prevailing Wage, Conflicts of Interest, Notices, and Claims
sections, and update Insurance Requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 26, 2024, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 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
Four Hundred Seventy Eight Thousand Seven Hundred Seventy Five Dollars and
00/100 ($478,775.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Eighty Four Thousand Dollars and 00/100 ($184,000.00).
3. ADMINISTRATION
Section 6 of the Agreement shall be amended in its entirety and replaced with the
following: "This Agreement will be administered by the Public Works Department. City's
Fleet/Facilities Manager 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."
4. PREVAILING WAGES
Section 15 of the Agreement shall be amended in its entirety and replaced with the
following: "15.1 If any of the Work contemplated under the Agreement is considered a
"public work", pursuant to the applicable provisions of the Labor Code of the State of
California, including but not limited to Section 1720 et seq., not less than the general
prevailing rate of per diem wages including legal holidays and overtime Work for each
craft or type of workman shall be paid to all workmen employed on such. In accordance
with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations
has ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her
to comply with all State of California labor laws, rules and regulations and the parties
agree that the City shall not be liable for any violation thereof.
15.2 In such event, 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."
5. CONFLICTS OF INTEREST
Section 23 of the Agreement shall be amended in its entirety and replaced with the
following: "23.1 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)
Crown Building Services, Inc. Page 2
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seq.,
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."
6. NOTICES
Section 24.2 is amended in its entirety and replaced with the following:
"24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Fleet/Facilities Manager
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658"
7. CLAIMS
Section 25 of the Agreement is amended in its entirety and replaced with the
following: "25.1 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.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/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
Crown Building Services, Inc. Page 3
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.)."
8. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
9. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Crown Building Services, Inc. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: � � (-?eta I -
By:
Aa on C. Harp
City Attorney
ATTEST:
Date: '. o
By:4i
lvv�w' fu/111V
Lf
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
®ra ry
CONTRACTOR: CROWN BUILDING
SERVICES, a California corporation
Date:
By: Signed in Counterpart
Marius Opre
Chief Executive Officer
Date:
By:
Signed in Counterpart
Jason Maslach
Secretary
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
Crown Building Services, Inc. Page 5
INMTNESS WHERE -OF, the parties have Caused this Amendment No. One to be
executed on the dates written be-, bw.
AP PROV E D ASTO F ORM:
CITY ATTORNEYS OFFICE
e/
Aar6n'C. Harp
City Atto me(
ATTEST:
Date:
M_
Lellant 1:. Brown
city C lerk
Attachments
C FTY OF N EVVP CRT BEAD H,
a ("alif'ornt'a municipal corporation
Date.:
By -
Brad Avery
Polayor
CONTRACTOR: GROWN BUILDING
SERVICES, a California corporation
Date:
Madus Card' -
Chief Execut've Officer
Date: J z G;Z_ 1,
[END OF SIGNATURES]
ax hib it C — I nsu, rance Re qui rerner-As
Crown E�i�lry Servicei_,Trsi_._ Page 5
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 one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
Crown Building Services, Inc. Page C-1
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 insurance showing that the
required insurance has been reinstated or has been provided through
another insurance company or companies. City reserves the right to
Crown Building Services, Inc. Page C-2
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.
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
Crown Building Services, Inc. Page C-3
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.
Crown Building Services, Inc. Page C-4
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Tuesday, January 26, 20215:49 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number 8019-1
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. 8019-1 Crown Building Services, Inc.
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
1 MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CROWN BUILDING SERVICES, INC. FOR
WINDOW WASHING AND EXTERIOR CLEANING SERVICES FOR THE NEWPORT
BEACH CIVIC CENTER, POLICE DEPARTMENT HEADQUARTERS AND
MARINA PARK
C�
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 26th day of April, 2016 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and CROWN BUILDING SERVICES, INC., a California corporation
("Contractor"), whose address is 548 Malloy Court, Corona, California 92880, 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 window washing and exterior
cleaning services for the Newport Beach Civic Center, Police Department
Headquarters and Marina Park ("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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 26, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). As a material inducement to 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 community
professional standards with the ordinary degree of skill and care that would be used by
other reasonably competent practitioners of the same discipline under similar
circumstances, in performing the Work required hereunder, and that all materials will be
of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. 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, 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 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 Two Hundred Ninety Four Thousand Seven Hundred
Seventy Five Dollars and 001100 ($294,775.00), without prior written amendment to
the Agreement.
— -- - - --- - _ --_ --- ��.--- Crown Building Building Services, Inc. Page 2
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B
(`Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index,
subject to the maximum adjustment set forth below. Such adjustment shall be made by
multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months preceding
the calendar month for which such adjustment is to be made, and the denominator of
which is the value of the Consumer Price Index for the same calendar month
immediately prior to Effective Date. The Consumer Price Index to be used in such
calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban
Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics. If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the Billing
Rates in effect immediately preceding such adjustment. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in
effect immediately preceding such adjustment, whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, 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.
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 Marius Opre 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
Crown Building Services, Inc. Page 3
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Fleet/Facilities Manager or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with community professional standards and with the ordinary
degree of skill and care that would be used by other reasonably competent practitioners
of the same discipline under similar circumstances. All Services shall be performed by
qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement, all applicable federal, state and local laws and legally recognized
professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
Crown Building Services, Inc. Page 4
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof, and all
persons and entities owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services 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 and/or Services 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 and/or
Services, 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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
Crown Building Services, Inc. Page 5
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
Crown Building Services, Inc. Page 6
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. 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 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 seg.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
16. 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.
Crown Building Services, Inc. Page 7
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. 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.
18. 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 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.
19. 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.
20. 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.
21. 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
Crown Building Services, Inc. Page 8
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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
23.2 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.
24. NOTICES
24.1 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.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Fleet/Facilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Marius Opre
Crown Building Services, Inc.
548 Malloy Court
Crown Building Services, Inc. Page 9
Corona, CA 92880
25. CLAIMS
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. TERMINATION
26.1 In the event that either parry 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.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Contractor shall comply with all applicable provisions of the California
Labor Code, including the Displaced Janitors Opportunity Act (Labor Code §§1060-
1065).
Crown Building Services, Inc. Page 10
27.3 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.
27.4 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.
27.5 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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.
28.3 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.
28.4 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.
28.5 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.
28.6 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.
Crown Building Services, Inc. Page 11
28.7 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.
28.8 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.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 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.
28.11 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.
28.12 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]
Crown Building Services, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST: �(
Date:
By:. 0A oz ci
Leilani Ir. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California muni ipal corporation
Date:
By:
DiAne Dixon
Mayor
CONTRACTOR: Crown Building
Services, Inc., a California corporation
B � -/Zf
Marius Op
President
By: A"
Patrick Maslach
CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Crown Building Services, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
Crown Building Services, Inc. Page A-1
�y6W POR).
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C'9G/F00.N`P
SCOPE OF SERVICES
■ DESCRIPTION OF PROJECT
o Contractor shall furnish all labor, equipment, materials, and supervision to perform
window and exterior washing services as described herein including, but not limited to,
the following:
■ Clean all window and exterior surfaces in the manner and timetable outlined while
providing the highest industry standards and maintaining a safe work environment.
■ WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 5:30 p.m., Monday
through Thursday; and 7:00 a.m. to 4:30 p.m., Friday.
■ WORKMANSHIP AND SUPERVISION
o Contractor shall bring to the attention of the City's Project Manager, or designee, any
window damage no later than the following day after discovery.
o Contractor has designated Marius Opre as the Project Manager and as the contact for
the City. This contact shall be made available to perform follow-up inspections with City
staff or to address service issues.
o Maintain all work sites free of hazards to persons and/or property resulting from
the Contractor's operations. Any hazardous condition noted by the Contractor, which is
not a result of the Contractor's operations, shall be immediately reported to the City.
Contractor shall be responsible for removing and cleaning any and all debris that occurs
as a result of its operations under this Agreement.
FACILITY: CIVIC CENTER & CENTRAL LIBRARY
o BUILDING OVERVIEW
o The Newport Beach Civic Center is located on 100 Civic Center Drive. The Civic Center
consists of office space measuring approximately 88,000 square feet; the City Council
Chambers and Community Room measuring approximately 12,000 square feet; and an
extension of the Central Library adjacent from the Civic Center that links the two
facilities. Exterior glass is a distinct architectural design of the entire Civic Center and is
featured prominently on all of the buildings. The main office space at the Civic Center
consists of five (5) Bays, A-E, each with two floors.
o GLASS AND WINDOW CALCULATING
o The Civic Center consists of office space measuring approximately 88,000 square feet;
the City Council Chambers and Community Room measuring approximately 12,000
square feet; and an extension of the Central library adjacent from the Civic Center that
links the two facilities. Exterior glass is a distinct architectural design of the entire Civic
Center and is featured prominently on all of the buildings.
o For purposes of this Project, glass shall be presented in the form of square feet, as
follows:
• Office Space and Community Room: 34,000 square feet
■ Council Chambers: 1,900 square feet
• Central Library: 8,850 square feet
o According to the General Contractor of the Civic Center, the following panel counts
comprise the Civic Center and Library:
■ 2480 Panels of Exterior Glass
■ 22 Skylights
• 602 Panels of "Interior Storefront'
o CLEANING SCHEDULE
o Contractor shall provide window washing and exterior surface cleaning services for
the Newport Beach Civic Center in accordance with the following schedule:
■ Exterior windows and glass: once per quarter (every three months);
• Outdoor furniture and railings on second floor decks: once per quarter (every
three months);
• Interior windows and glass: once per year; and
■ Miscellaneous exterior surfaces: as -needed.
Scope of Services
o On an as -needed basis, City may request Contractor to perform roof cleaning
services and cleaning of exposed exterior beams (such as those found immediately
under the "wave" formations of the roof).
o Contractor shall utilize best practices with regard to water conservation and
environmentally -friendly materials in performing Work. The Civic Center is LEED
Gold -certified and any efforts in window washing and building maintenance in
general should adhere to these standards.
o De -ionized water shall be used to clean exterior surfaces.
o Liquid soap and water shall be used to clean interior surfaces.
o Contractor shall brush and rinse furniture and railings of second floor decks on Civic
Center building. There is one deck per bay, each deck faces Avocado Ave (Figure 5-
A).
o Contractor shall deploy water capture methods to catch water and cleaning solution
and remove any standing water around the premises as result of the window or
exterior cleaning.
o Contractor shall be responsible for removing and cleaning any and all debris that
occurs as a result of its operations as a result of services requested in this scope of
work.
o ROOF ACCESS
o City shall provide access to the Civic Center roof areas through access ladders
located in various second -floor storage and utility rooms. These access points are
designed for individuals with light equipment and tools. For all other purposes, roof
access shall be facilitated through the use of lifts and lift equipment. Extension
ladders shall only be used where a lift or lift equipment cannot be deployed.
o CONTRACTOR REQUIREMENTS AND RESTRICTIONS
o The roof sections corresponding with each Bay have trellises as shown in Figure 4-A.
o Under no circumstances are any trellises to be stood upon or have any weight
placed upon them. Trellises are located on all sides of the building.
o Under no circumstances shall any Contractor crew worker stage on, walk on, stay
on, or suspend from any of the metal trellises within the complex.
o The underside of each wave formation on the exterior of the Civic Center contains
wood panels. Contractor shall not pressure wash these wood panels, as these panels
are only partially coated with a protective sealant.
Scope of Services
o Each upstairs bay of the Civic Center contains ventilation windows, as indicated by
the red arrows in Figure 4-B. While cleaning these windows, the Contractor must
have their crew(s) safely restrained with tie -ons using the tie -on posts located on
each bay's roof. The tie -on posts are indicated by the green arrow in Figure 4-B and
a more detailed example is provided in Figure 4-C.
Scope of Services
Figure 1-B: Community Room (Note: Bay A is behind rphoto left] of the Community Room)
Scope of Services
Fiqure 1-C: Council Chambers
Scope of Services
Scope of Services
Scope of Services
FACILITY: MARINA PARK
o BUILDING OVERVIEW
o Marina Park is located on 1600 W. Balboa Blvd. Completed in December of 2015 the
26,000 square foot facility contains a community center, sailing center, and cafe as well
as outdoor recreational areas.
o GLASS AND WINDOW CALCULATING
o Exterior glass is a distinct architectural design of the entire Marina Park and is featured
prominently on all of the buildings.
o For purposes of this Project, glass shall be presented in the form of square feet, as
follows:
• Exterior Windows: 6,753 square feet
■ Lighthouse Tower Windows: 2,996 square feet
o CLEANING SCHEDULE
o Contractor shall provide window washing and exterior surface cleaning services for
Marina Park in accordance with the following schedule:
■ Exterior windows and glass: once per quarter (every three months);
■ Interior windows and glass: once per year;
■ Interior glass of two (2) stairwells: once per year;
■ Interior high glass in "Sailing Bay" (boom lift required): once per year;
■ Upper portion of lighthouse exterior glass: once per quarter
Scope of Services
FACILITY: POLICE DEPARTMENT HEADQUARTERS
o BUILDING OVERVIEW
o The Police Department Headquarters is located on 870 Santa Barbara Drive. The
building is approximately 48,000 square feet with 67 windows not including front lobby
doors and side glass.
o CLEANING SCHEDULE
o Contractor shall provide window washing and exterior surface cleaning services for
the Newport Beach Police Department Headquarters in accordance with the
following schedule:
Exterior windows and glass: twice per year.
o BACKGROUND CHECK REQUIREMENTS
o Contract Team Members on the cleaning crew assigned to service the Police
Department Headquarters will need to pass a background check deemed sufficient by
the Police Department.
Scope of Services
SCHEDULE OF BILLING RATES
Crown Building Services, Inc. Page B-1
Cost File
FACILITY: CIVIC CENTER AND CENTRAL LIBRARY
"Cl '141m
Task
Frequency
Frequency
Price per Instance
Annual Price
Wash Exterior Glass
$1580.00
$6320.00
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Annually
$1999.00
$1999.00
COUNCIL
Quarterly
$4950.00
$19800.00
Wash Glass Rails and Hand Rails
Wash Rails and Outdoor Furniture on Second Floor
Decks
Annual Price
Wash Exterior Glass
Quarterly
Wash Trellises
Semi -Annually
$1750.00
$3500.00
Deep Clean all Interior Glass, Inter -Office Glass (High
Annually
$3881.00
$3881.00
and Low) and Interior Skylights
Annually
$250.00
$250.00
"Cl '141m
Task
Frequency
Price per Instance
Annual Price
Wash Exterior Glass
Quarterly
$1580.00
$6320.00
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Wash Glass Rails and Hand Rails
Deep Clean all Interior Glass, Inter -Office Glass (High
and Low) and Interior Skylights
Annually
$1999.00
$1999.00
COUNCIL
CHAMBERS
as
Frequency
Price per Instance
Annual Price
Wash Exterior Glass
Quarterly
$475.00
$1900.00
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Wash Glass Rails and Hand Rails
Wash Trellises
Semi -Annually
$185.00
$370.00
Deep Clean all Interior Glass, Inter -Office Glass (High
and Low) and Interior Skylights
Annually
$250.00
$250.00
COMMUNITY
ROOM
Task
Frequency
Price per Instance
Annual Price
Wash Exterior Glass
Quarterly
$575.00
$2300.00
Wash Louvers, Gray Wall Panels and Exterior
Skylights
Deep Clean all Interior Glass, Inter -Office Glass (High
and Low) and Interior Skylights
Annually
$395.00
$395.00
Cost File
FACILITY: MARINA PARK
FACILITY: POLICE DEPARTMENT HEADQUARTERS
POLICE DEPARTMENT
Task
Task
Frequency
Price per Instance
Annual Price
Wash Exterior Windows
Quarterly
$1280.00
$5120.00
Wash Upper Portion of Lighthouse Glass
Quarterly
$320.00
$1280.00
Wash exterior windows of cafe I' floor only
Quarterly
$160.00
$640.00
Wash Interior Windows (All Glass Under T)
Annually
$640.00
$640.00
Wash Interior Glass of Two (2) Stairwells
Annually
$320.00
$320.00
Wash Interior High Glass Located in the "Sailing Bay"
(Boom Lift Required for Access)
Annually
$780.00
$780.00
Wash interior window of the caf€ 1" floor only
Annually
$180.00
$180.00
FACILITY: POLICE DEPARTMENT HEADQUARTERS
POLICE DEPARTMENT
Task
Frequency
Price per Instance Annual Price
Wash Exterior Windows for the Newport Beach Police
$5595.00
Exterior Beam Cleaning
Department Headquarters. All water-soluble items on
Semi -Annually
$640.00 $1280.00
lass to be washed.
$95.001HIZ, Plus Materials
Hard Water Stain Removal (per window)
FACILITY: CIVIC CENTER AND CENTRAL LIBRARY
AS -REQUESTED CLEANING (EXTRAS)
Task
Price per Instance
Roof Cleaning
$5595.00
Exterior Beam Cleaning
$3595.00
Wash Exterior "Sail" Surface of Council Chambers
$675.00
Bird and Bee Control
$95.001HIZ, Plus Materials
Hard Water Stain Removal (per window)
$25.00
Wash and Interior and Exterior Skylight at Central Library
$500.00
EXHIBIT C
INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractors 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 officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
---- --- — - - - ----- --- - - - - - - - - - -- ---
Crown Building Services, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its 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
from each of its subconsultants.
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 and its officers, officials, employees, and agents 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. 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
--------- - --- -- — ----- - -- --- — -- ---------------
Crown Building Services, Inc. Page C-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13,
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant 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.
Crown Building Services, Inc. Page C-3
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 Contract, 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.
Crown Building Services, Inc. Page C-4
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
(seal)
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Crown Building Services, Inc.
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/7/16 Dept./Contact Received From:
Joan
Date Completed: 4/11/16 Sent to: Joan By: Alicia
Company/Person required to have certificate: Crown Building Services, Inc.
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
B.
C.
D.
E.
F.
G.
H.
1.
J.
K.
L.
1/15/16-1115/17
International Ins Co of Hannover
AM BEST RATING (A-: VII or greater): A+: XV
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
LIMITS (Must be $1 M or greater): What is limit provided?
ADDITIONAL INSURED ENDORSEMENT—please attach
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
ELECTED SCMAF COVERAGE (RECREATION ONLY):
NOTICE OF CANCELLATION:
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/15/16-1/15/17
❑ Yes ® No
1M/2M
® Yes ❑ No
® Yes ❑ No
/1 - ■ 1101
® Yes ❑ No
❑ Yes
® No
0 N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
A. INSURANCE COMPANY: Farmers Insurance Exchange
B. AM BEST RATING (A-: VII or greater) A: XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
1M
N/A
® Yes ❑ No
Haulers only):
® N/A
❑ Yes
❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
® No
H. NOTICE OF CANCELLATION:
❑ N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/13/15-10/13/16
A.
INSURANCE COMPANY: State Compensation Insurance Fund
B.
AM BEST RATING (A-: VII or greater): N/A
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 M
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:
4/11/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed due to GL carrier being Non -Admitted. Sheri Approved 4/8/16.
Approved:
Risk Management Date
* Subject to the terns of the contract.
Av CERTIFICATE OF LIABILITY INSURANCE
3122J2e16'
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: N the certificate holder Is an ADDITIONAL INSURED, the policy(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 endomemen s .
PRODUCER
SALDANA INSURANCE AGENCY -
2200 HAMNER AVE STE 101
NORCO, CA 92860
WANT C JORGE L EALDANA
PNONE .951-479.8538 ac Ne: 951-479-8561
pays, jsaldan.Qfarmersagentcom
INBUREM AFFORDING COVERAGE NAIL$
INSURER A: INTERNATIONAL INS CO OF HANNOVER
INSURED
CROWN BUILDING SERVICES, INC.
548 MALLOY CT.
CORONA, CA 92880
Imum,,: FARMERS INSURANCE EXCHANGE
RJSURER c: NATIONAL UNION FIRE INS CO PITTSBURGH PA
ulSuaER o:
INSURER E:
INSURER F:
^'n—Dwr_ES r:ERTIEIr`ATE NUMBER* KCYrbIUN NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHEINSURED 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
TYPEOFNISURANCE
ADOL
sum
POLICY NUMBER
M UCY EFF
MM E1N
LIMITS
A
GENERAL LIABILITY
X COMMERCIALGENERALUABILITY
CWMSMADE OCCUR
X
IG011003850-01
0111512016
01/15/2017
EACHOCCURRENCE$ 1,OD0,000
IES cIim $ 100,000
MEDEXP onep0mon $ 5,000
PERSONAL B ADV INJURY S 1,000,000
GEnERALAGGREGATE $ 2,000,000
GEML AGGREGATE
X PoucY
LIMIT APPLIES PER:
PRO 7 Loc
PRODUCTS-COMP/OPAGG S 2.000,000
$
B
LIABILRY
ANY AUTO
u" ED X WTOBULED
NON -O MED
X HIREDAUTOS X AUTOS
X
605066905
01/05/2016
01(0512017
INGLE LIMITAUTOMOBILE y 1,000,D00
BODILY INJURY(Perpemon) S
BODILY INJURY(Peraedderd) $
PROPERTY DAMAGE $
$
C
X
UMBRELLA LIAR
Fxc$ss uAa
X
OCCUR
�,IM&MADE
EBU32007115
01/1512016
01/15/2017
EACH OCCURRENCE S 5.000,000
AGGREGATE g 5,000,000
DED I I REMWION
$
WOIMERS COMPENSATION
ANO EMPLOYERS' LIABILITY
ANY PROPMETORIPARTNER/EXECUTNE Y�
OFFlCE1xIMEMBER EXCLUDED?
(Mmulerory in NH)
Nyes dattnbe mtder
DE3CRIKON OPOPERATIONS below
NIA
WC a1. U- OTH-
EL EACH ACCIOENi $
EL DISEASE -EA EMPLOY $
99 n1SEASE-POLJCYLIMIT S
DESCRIPTION W OPERATIONS I LOCATIONS I VEHICLES (ABech ACORD 101, AddlBonal Remedn aeheA , Umm apace H required)
THE CITY OF NEWPORT BEACH, AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ARE INCLUDED AS ADDITIONAL INSUREDS.
INSURANCE IS PRIMARY AND ALL OTHERS ARE NON-CONTRIBUTORY.
CITY OF NEWPORT BEACH
100 CIVIC CENTER DRIVE
NEWPORT BEACH
CA 92660
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ACORD 25 (2010105) ®1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo aregistemd marks of ACORD
POLICYHOLDER COPY
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03-22-2016
CITY OF NEWPORT BEACH
t00 CIVIC CENTER DR
NEWPORT BEACH CA 92560-3267
GROUP;
POLICY NUMBER,, 9029554-2015
CERTIFICATE ICY. 104
CERTIFICATE EXPIRES: 10-13-2016
10-13-2015/10-13-2016
SP JDB:NEWPORT BEACH CIVIC CENTER
100 CIVIC CENTER DR
NEWPORT BEACH
CA 92660
This is to certify that we have Issued a valid Workers' Compensa:-on insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upoi+ 30 days advance written notice to the employer.
We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. No•withstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
Authorized Representative/ President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - MASLACH, JASON SECRETARY TREASURER - EXCLUDED.
ENDORSEMENT #1600 - MASLACH, PATRICK VICEPRES - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-13-2013 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2016-03-22 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF NEWPORT BEACH
EMPLOYER
CROWN BUILDING SERVICES INC.
548 MALLOY CT
CORONA CA 92880
(REV.7.2014)
SP
[P16,HOj
PRINTED : 03-22-2016
SP
POLICY NUMBER: IG011003850-01
Effective Date: 01115/2016
ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS —
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT
WITH YOU (PRIMARY & NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II • Who is An Insured is amended to include as an insured any person or organization for whom you are
performing operations when you and such person or organization have agreed in writing in a contract or agreement
that such person or organization be added as an additional insured on your policy. Such person or organization is an
additional insured 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.
A person's or organization's status as an insured under this endorsement ends when your operations for that
additional insured are completed.
B. With respect to the insurance afforded these additional insureds, the following additional exclusion apply:
This insurance does not apply to:
1. "Bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of, or the failure to
render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
2. 'Bodily injury", "property damage" occurring after:
a. 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
b. 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; or
c. "Property Damage" which manifests after expiration of the Policy.
If required by written contract or agreement, such insurance a is afforded by this policy shall be primary insurance, and
any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance
afforded to the Named Insured and shall not contribute to it.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
TMGL 172 1011 Page 1 of 1
Policy Number: IG011003850-01
Effective Date: 01/15/2015
TMGL 176 10/11
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS - (PRIMARY APARTMENT INCLUSION)
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE:
Name of Additional Insured Person(s) Or Location and Description of Completed Operations:
Any operations as required under written contract
As required bywritten contract
No coverage is provided under this endorsement for
single and muni family dwelling units, except for
apartments.
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 organization(s) 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 designated and described in the schedule of this endorsement performed for that
additional insured and including in the "products -completed operations hazard.".
If required by written contract or agreement, such insurance as is afforded by this policy
shall be primary insurance, and any insurance or self insurance maintained by the above
additional insured(s) shall be excess of the insurance afforded to the Named Insured and
shall not contribute to it.
ALL OTHER TERMS CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
TMGL 176 10/11
POLICY NUMBER: IG011003850-01
COMMERCIAL
GENERAL LIABILITY
CG 24 04 10 93
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Ail clients of the ir.si red where required by written contract.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against 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 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.
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