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HomeMy WebLinkAboutMerchants Building Maintenance, LLC - 2017-12-18Dept. ID PW 17-067 Page 1 of 2 Meeting Date: 12/18/2017 /VPeUOD -7-0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 12/18/2017 SUBMITTED TO. Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a five-year Service Agreement for Janitorial Services with Merchants Buildinq Maintenance, LLC Statement of Issue: Public Works is requesting approval of a five-year interagency purchase agreement for Janitorial Services with Merchants Building Maintenance, LLC, effective January 1, 2018. Financial Impact: The agreement is for five -years with a total, not to exceed amount of $3,625,000. Annually the not to exceed amount is $725,000 which includes 7.2% contingency. Actual amount required for janitorial services will be determined each fiscal year during the annual budget process. Funds in the amount of $611,729 are budgeted for janitorial services in FY 17/18 to cover the first nine -months of the contract as the contract commences in January 2018. The following is the breakdown of the FY17/18 budget: Community Services 10045410 $24,757, 10045411 $20,049, 10045411 $21,725, 10045503 $75,984, 10045505 $2,600, and 10045505 $5,800; Library Services 10050501 $72,416; Police Department 10070211 $92,927; Business Development 10080510 $2,100; and Public Works 10085402 $104,730, 10085403 $151,136, and 10085404 $37,505. Future fiscal years will be budgeted accordingly to cover the remainder of the contract. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Service Agreement Between The City of Huntington Beach and Merchants Building Maintenance, LLC, for Janitorial Services" in an amount not to exceed $725,000 annually or $3,625,000 cumulatively over the five-year term: and, B) Authorize the City Manager to execute all documents in furtherance of this Contract. Alternative Action(s): Do not approve the agreement and direct staff to proceed differently. Analysis: Merchants Building Maintenance, LLC (Merchants) is the city's current service provider for janitorial and day porter services for the Business Development, Community Services, Library Services, Police, and Public Works Departments. Merchants provides cleaning services at 14 city facilities, including City Hall, Police Department, Edison and Murdy Community Centers, Central Library, and the Branch Libraries. Merchants provides our porter services at City Hall, Central Library, and the Senior Center in Central Park. Item 1.6. -1 KB -252- Dept. ID PW 17-067 Page 2 of 2 Meeting Date. 12/18/2017 Additionally, they provide seasonal and as needed cleaning services at Lake Park and at various clubhouses. The current agreement with Merchants is expiring December 31, 2017. Merchants Building Maintenance, LLC, is being recommended through a 2014 interagency agreement with the City of Costa Mesa to provide janitorial and day porter services in city facilities in Huntington Beach under a new five-year agreement. As provided in the Huntington Beach Municipal Code 3.02.190, an interagency agreement is an agreement for the procurement of goods and/or services through the use of a contract initiated by another agency which is for identical or nearly identical goods and/or services and resulted from a competitive bid using methods similar to the methods provided in our Purchasing code. Merchants Building Maintenance, LLC, received the highest qualifications -based score and submitted the lowest cost proposal in the interagency process. The proposed pricing compares favorably to the interagency pricing. The total monthly expense proposed is $56,320, which equates to $675,835 annually. The proposal is a 3.7% increase over our current pricing due to the January 1, 2018, California mandatory minimum wage increase from $10.50 to $11.00 per hour. The proposed annual, not to exceed limit of $725,000 includes a 7.2% contingency to provide in future contract years for further mandatory minimum wage rates increases. California mandatory minimum wage is increasing by $1 per hour annually from $11 per hour effective January 1, 2018, to $15 per hour effective January 1, 2022. If funds are available in the adopted budget, contingency may also be used to provide extra services in response to seasonal, patron -based demand and in response to vandalism or similar emergencies. Cost oversight is provided during the annual budget process, when the amount allocated for janitorial services each fiscal year is reviewed and adopted. Merchants is a family -owned and operated company established in 1961 and based in southern California. They are one of the largest janitorial service companies in our region with a stated commitment to providing exceptional quality and service. City staff has had very favorable experience with Merchants over the term of their existing contract. Staff is recommending City Council approval of the attached contract with Merchants Building Maintenance, LLC, for a five-year term not to exceed $725,000 annually and $3,625,000 over the entire term. Environmental Status: The project includes approval of a five-year interagency purchase agreement for Janitorial Services in the City and does not propose or involve physical changes to the environment and is not subject to CEQA per CEQA Guidelines Section 15061(b)(3), which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Strategic Plan Goal: Improve quality of life Enhance and maintain infrastructure Attachment(s): 1. Maintenance Service Contract between the City of Huntington Beach and Merchants Building Maintenance, LLC 2. City of Costa Mesa Staff Report and Contract 3. City of Costa Mesa RFP HB -253- Item 16. - 2 ATTACHMENT #1 SERVICE AGREEMENT BETINIEEN THE CITY OF HUNTINGTON BEACH AND MERCHANTS BUILDING MAINTENANCE, LLC FOR JANITORIAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Merchants Building Maintenance, LLC, a California Limited Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of janitorial and porter services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates George Rodriguez, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 17-6145/ 170197/ 11 /28/ 17/DO 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit `B." The total sum to be expended under this Agreement, shall not exceed Seven Hundred Twenty-five Thousand Dollars ($725,000) per year for any one year during the term of this Agreement, with a five-year aggregate total not to exceed amount of Three Million Six Hundred Twenty-five Thousand Dollars ($3,625,000). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Contractor shall be paid pursuant to the terms of Exhibit `B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence JANUARY 1, 2018, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate DECEMBER 31, 2023, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 17-6145/170197/11/28/17/DO 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 17-6145/170197/11/28/17/DO 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 17-6145/170197/11 /28/17/DO 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 17-6145/170197/11/28/17/DO 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail -return receipt requested: To City: Contractor: City of Huntington Beach Merchants Building Maintenance, LLC Attn: Jerry Thompson, General Services Mgr. Attn: George Rodriguez, Branch Mgr. 2000 Main Street 1639 E. Edinger Ave., Bldg. C Huntington Beach, CA 92648 Santa Ana, CA 92705 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17-6145/17019 7/1 1/28/17/DO 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Orilzinal The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 17-6145/170197/11/28/17/DO 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction — Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17-6145/170197/11/28/17/DO 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governinlz Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 17-6145/ 170197/ 11 /28/ 17/DO 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR MERCHANTS BUILDING MAINTENANCE, LLC, a California limited liability corporation ITS: (circle one) Chairman/President/ Vice President AND Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor Ci y Clerk INITIATED AND APPROVED: /A ' 1� L___ 14 Director of Public Works APPROVED AS TO FORM: City Attorney aV,-) vu\q ll1 dw REVIEWED AND APPROVED: Manager 17-6145/170197/11/28/17/DO 10 EXHIBIT "A" SCOPE OF WORK THE INTENT OF THIS SPECIFICATION IS TO ENSURE A HIGH STANDARD OF 1-10 USEKEE PING FOR THE CITY OF H UNTING TON BEA CH DAILY SERVICE ALL AREAS (CITY HALL, GYM & POOL BLDG., MURDY COMMUNITY CENTER, CITY YARD, PARKS & MAINTENANCE AND WATER DEPARTMENT) 1. Empty and wipe clean all desk, wall and counter ashtrays. 2. Empty and sift all sand filled ashtray urns, including or ask receptacles exterior of the structures and within. 25 :feet of entry -exit doors. 3. Empty and wipe clean all smoking stands and wall ask trays. 4. Empty all trash containers, including containers exterior of the structures and within 25 feet of entry -exit doors, and deposit all wastes in designated exterior dumpsites. Sweep areas around all entry doors including the area outside the basement receiving entrance and the covered area outside the cafeteria. Empty recycling containers and take lower level for disposal in proper recycling bin. Contractor's personnel shall remove neither discard materials nor recyclable materials from the premises. 5. .Replace container liners as required: Daily in restrooms, kitchenettes, coffee areas, and cafeteria; other areas as needed. 6. Sweep all composition floors with chemically treated dust mops. 7. Sweep all bare concrete floors with sweeping compound. 8. Vacuum all carpeting with particular attention to generate public high use areas. 9. Mop or clean spillage from all floors, bare concrete, vinyl tile, or carpet. 10. Dust and soft rag buff all public counters. 11. Clean partitions doors, door frames, and wall switches as needed. 12. Clean and polish all drinking fountain. 13. Vacuum elevator floors and spot clean cab walls. Vacuum and wipe elevator door tracks. 14. Clean interior and exterior of all glass panel doors. 15. Clean all first floor glass, interior and exterior, adjacent to mall, lobby and main passageway, including the revolving door. 16. Perform low dusting, defined as floor level to rive feet above floor including base moulding or tope set, silks, ledges, chairs and personnel .rails, partitions, chairs, tables, desks, telephones, filling cabinets, and all office fbiniture. NOTICE- In no case shall papers, books, documents, or equipment be touched moved or displaced. 17. Maintain janitorial closets mid storage areas clean. and orderly. 18. Secure all exterior doors and turn off all but security night lighting. 17. 3E-Z%—UAU lYV 1 G. 1. 1'111y AUJJ.J1V1MU01 .7 a�l,rvaauau vxarvcv F— ". --^-�d in the containers or on the floor shall be left .in the area with the note to the using staff member to check for value. 20. SPECIAL NOTE: 2. Computer rooms, i.e. those containing main frame hardware are to be entered only in City personnel are present, and the times may vary at the locations. ALL KITCHENETTES, COFFEE AREAS & _CAFETERIAS I . Empty, wash, disinfect and replace Iiners in all trash containers. 2. Wash all container tops, table tops, coffee machines, and sinks. 3. Leave machines plugged in and out in the same on or off position as left by staff, unless an empty coffee pot has been left on top of an ON element, and these shall be removed and set aside. 4. Clean all walls and cabinets, as needed. S. Wet mop and disinfect all vinyl floors, acid spot clean all carpet adjacent thereto. 6. Restock cabinets with paper towels and restock all sanitary pad machines. 7. No cleaning of dishes, silverware, or coffee ports will be required. 8. The refrigerator, microwaves, stove and oven in the kitchen area of the cafeteria are to be cleaned daily with thorough cleaning once a week. COUNCIL CHAMBER AND ADJACENT CONFERENCE ROOMS_ 36, B7, & B8 1. Complete vacuum all carpet each night. 2. Dust and soft clean buff tables, cabinets, and furniture. 3. Clean stage chairs. 4. Vacuum meeting rooms and council chambers. "fables and chairs to be organized in neat order. S. DO NOT CLEAN glass projection window. 6. DO NOT CLEAN any electronic buttons, switches, or gear. ALL AREAS OR AS NEEDED l . Spot clean all. walls and woodwork. 2. Clean all trash containers. 3. Dust interior glass doors, door frames partitions, cabinets, and furniture within medium height zone, defined as five feet to twelve feet above floor lever. 4. Four clean water in all floor drains to flush traps together with deodorizing disinfectant S. Wet mop all. bare concrete floors basement area etc. 6. Clean stairwells, remove trash, and mop as needed. 7. Wet mop and buff vinyl tile floors. Remove heel marks. 8. Complete vacuum and spot clean carpets in heavy traffic areas, defined as entries and exits, lobbies, corridors, multiple person staff areas. NtYNI j?":"k J MONTHLY SERVICE ALL AREAS 1. Vacuum all draperies and dust blinds. 2. Vacuum upholstered furniture. 3. Wash and clean vinyl furniture. 4. Clean and polish wood furniture and plastic laminated desks, tables, and counters in public use areas and conference rooms. 5. Perform high zone dusting of all interior glass, ledges, mouldings, window frames, and walls. 6. Brush down walls, columns, and beams. 7. Dust ceiling vents taking care to not move directional louvers. 8. Clean, wash and machine polish all vinyl tile floors, and all ceramic tile floors. 9. Clean and wipe down all baseboards and top set base. 10. Wash all first floor and lower level glass windows interior and exterior, including room glass partitions on all floors. QUARTERLY SERVICE 4XYEAR t . Wash all interior sides of glass windows and both sides of partition glass. 2. Spot wash walls and painted metal furniture. 3. Strip wash and machine polish vinyl floors. 4. Complete wash of main walls and painted metal furniture. 5. Dust lighting fixtures. RESTROOM SERVICE DAILY SERVICE 1. Empty all waste containers and replace liners. 2. Wash all consumable product containers, toilet tissue, towel, seat covers, sanitary napkin, soap, and trash. 3. Refill all consumable product containers with City furnished supplies. 4. Clean and disinfect floors drains, all sinks, toilets, urinals, toilet seats -both sides, and exterior surfaces of the above units together with their exposed piping. 5. Clean and polish all metal frames and fixtures. 5. Clean and polish all mirrors. 7. Clean partitions and doors. 8. Clean splash marks on walls adjacent to or over sinks. 9. Clean all ceramic tile and walls above. 10. Wet mop and disinfect. 11. Clean all showers with appropriate chemical to eliminate soap scum attd mold. 12. Dust tops and sides of all lockers. WE, SERVICE 1. Brush down vents. 2. Wash down ceramic tile walls and toilet compartment partitions. 3. Perform high dusting. 4. Pour clean water down floor drains to prevent sewer gases. MONTHLY SERVICE 1. Scrub .floor and clean baseboards i THE INTENT OF 7"HIS SPECIFICA770N IS TO ENSURE A HIGH STANDARD OF HOUSEKEEPING FOR CITY OF HUNTNGTON BEACH EDISON COMMUNITY CENTER DAILY SERVICE FIVE (5) .DAYS PER WEEK SERVICE 1. Sweep all Bard -surfaced floors with treated dust mops. 2. Vacuum all carpet. 3. Empty all waste containers and place trash in pick-up areas. 4. Dust desks, chairs, and office furniture with treated dust cloths. (Papers and folders left on desks will not be moved.) 5. Spot- clean door glass. 6. Remove smudges from doors, door frames and counters. 7. Clean and polish drinking .fountains. 8. Return firrniture to neat and orderly position. 9. Remove spillage spots from carpets. 10. Replace wastebasket liners as necessary. 11. Spot clean partition glass. 12. Clean kitchen counter, sink and cook top. 13. Clean counter and floor areas around coffee machine. 14. Mop composition floors. 15. Clean counters and sinks in Hall C & D and Hall B. WEEKLY SERVICE 1. On Fridays before .noon, clean tennis courts, racquetball courts and basketball courts using a backpack blower. 2. On T'ridays before noon, blow out with backpack blower and then .power wash four picnic shelters, including concrete floors, concrete counters, picnic tables and clean/disinfect sinks. 3. Detail vacuum all carpeted areas. 4. Perform dusting of low -teach areas. 5. Dust baseboards, ledges, and window sills. 6. Dust all. counters, shelves, bookcases and file cabinets. 7. Spot clean painted partitions and painted walls. 8. Spot clean all wall switches and door facings. 9. Clean lunchroom furniture and appliances. 10. Clean entry door metal and tluesholds. 7(iD':: Nznrtr:i t t. MUPI tUU Ud:51% ;L 1111G1J uuut %A4MVu;ci-jnvrauvu 12. Sweep, dust and dust mop stairs. 13. Mop composition floors. RESTROOM SERVICE 'DAILY SEItVICE 1. Empty and wipe out all wastepaper receptacles. 2. Polish all metal and mirrors. 3. Clean and disinfect all dispensers. 4. Clean and disinfect wash bins, toilet bowls and urinals. 5. Disinfect underside and tops of toilet seats. 6. Spot clean the walls and toilet partitions. 7. Spot clean walls around wash bins. 8. Mop all lavatory floors with germicidal solution. 9. Refill soap, towel, tissue containers and seat cover dispensers. 10. Dust exhaust fan vents in restroom ceiling. MONTHLY SERVICE 1. Perform dusting of high -reach areas including partition tops, door tops, and air conditioning vents. 2. Dust picture frames. 3. Brush down or vacuum wail ceiling vents. 4. Clean and polish executive furniture. QUARTERLY SERVICE 1. Brush or vacuum upholstered furniture. 2. Wipe down plastic and leather furniture. 3. Clean entry door metal trim. 4. Clean and refinish all tile floors. WINDOW CLEANING SERVICE: 1. Spot clean entry lobby window glass inside and out. 2. Spot clean partition glass. EXTERIOR SERVICE: 1. Sweep entrance approaches daily. THE INTENT OF THIS SP.ECIF ICATION IS .TO EN,S'URE A HIGH STANDARD OF HO USE, KEEPING FOR CITY OF HUNTING TON BEACFI SE, NIOR CENTER DAILY SERVICE AREAS 1. Sweep and. mop all hard -surfaced floors with treated dust mops. 2. Vacuum all carpet traffic patterns, giving special attention to public and executive areas. 3. Empty all. waste containers and place trash in pick-up areas. 4. Dust desks, chairs, and office furniture with treated dust cloths. (Papers and folders left on desks will not be removed.) 5. Spot -clean door and partition glass. 6. Remove smudges :from doors, door frames, and counters. 7. Return furniture to neat and orderly position. 8. Remove spillage spots from carpets. 9. Replace wastebasket liners as necessary from Client's stock.. 10. Clean flat surfaces, countertops and tables. wall switches as needed. WEEKLY SERVICE 1KWEEK 1. Detail vacuum all carpeted areas. 2. Dust baseboards, ledges, and window sills. 3. Perform dusting of low -reach areas. 4. Dust all counters, shelves, bookcases, and life cabinets 5, Spot clean all wall switches and door frames 6. Spot clean painted partitions and painted walls 7. Clean entry door metal and thresholds. 8. Clean lunchroom. furniture and appliances. 9..Repl.aee basket liners from custorner-provided stock. 1 O.Clean microwave, interior and exterior. 11. Wipe clean cabinetry for fingerprints and smudges. SV.IVIVLEILI x7L'1<ViI-.L' I.&MMINLY. l . Perform dusting of high -reach areas .including partition tops, door tops, and air conditioning vents. 2. Dust picture frames and wall art. 3. Brush down or vacuum wall ceiling vents. 4. Clean and polish executive furniture. QUARTERLY SERVICE 4XYEAR 1. Brush or vacuum upholstered furniture. 2. Wipe down plastic and leather furniture. 3. Clean entry door metal trim. EXTERIOR SERVICE 5XWEEK 1. Patrol immediate entrance and exit, including dunipster area for trash and remove bin. ADDITIONAL SERIVECS AVAILBALE: 1. Wash interior windows 2. Shampoo all carpeted areas 3. Strip and wax all VCT, CT and Linoleum Flooring 4, Emergency Clean -Up 5. Initial clean RESTROOM SERVICE DAILY SERVICE 3XWEEK 1. Empty and wipe out all wastepaper receptacles. 2. Empty sanitary napkin containers and replace insert. 3. Polish all metal and mirrors. 4. Clean and disinfect all dispensers 5. Glean and disinfect wash basins, toilet bowls and urinals. G. Disinfect underside and tops of toilet seats. 7. Spot -clean the walls and toilet partitions. 8. Spot -clean walls around wash basins. 9. Mop all lavatory floors with germicidal solution. 10. Refill soap, towel, tissue containers, and seat cover dispensers. 11. Brush down. vents. 12. Wash down ceramic tile walls and toilet compartment partitions. 13. Perform high dusting. 1.4. Pour clean water down floor drains to prevent sewer gases. MONTHLY SERVICE 1XMONTH 1. Scrub floors and wipe clean baseboards. 190 Randal 112.G 11Y1C/Y1 UPI L U C/Yk LUMP A 171V1-131AiYLAt[ ) VC HOUSEKEEPING I%OR .THE CITY OF HUNTINGTON BEACH LIBRARIES DAILY SERVICE (CENTRAL .LIBRARY) 1. Empty all trash receptacles and replace plastic liners if necessary. 2. Spot clean doors, door frames, walls, and switch plates. 3. Clean and sanitize drinking fountains. 4. Sweep all hard tile floors with dust controls mops. 5. Spot clean hard tile floors to remove spills and smudges where necessary. G. Spot vacuum all carpeted areas anal .return furniture to its original positions 7. Turn off all lights unless otherwise specified and secure the rooms. 8. Spot clean desks, tabletops, file cabinets and counters. 9. Spot dust and clean Meeting Room tables and counters. (IF USED THOROUGHLY DUST & CLEAN) 10. Spot vacuum all carpeted areas in the Meeting Rooms. (IT USED THOROUGHLY VACUUM) 11. Empty all trash exterior containers with 25' of entrance/exits. WEEKLY SERVICE 1. Dust baseboards, .ledges, windowsills, and other horizontal areas within reach on (SUNDAY, WEDNESDAY & SATURDAY). 2. Clean desks and tabletops, counters, front counters (scuff/black marks) and other furniture. (SUNDAY, WEDNESDAY, & SATURDAY) 3. Dust lobby and office furniture, equipment, and accessories on (SUNDAY, WEDNESDAY & SATURDAY). 4. DUST AND CLEAN PUBLIC SERVICE DESKS (NOT PC'S) ON (SUNDAY, WEDNESDAY & SATURDAY). 5. Clean entrance door metal thresholds. U. IJLI5I 011RU5, THII1I DHILUS 2lILU Mtwdl Vll.11ua k1ulmul011 w111G1G114G avv111 nuu vVuaerenCC room) (SUNDAY, WEDNESDAY & SATURDAY). 7. Clean book drops, counter areas, desks, shelves, shelving units, file cabinets, tabletops, and counters. (SUNDAY, WEDNESDAY & SATURDAY). 8. Clean and disinfect telephones. 9. Thoroughly clean main lobby areas. 10. Dust all upholstered furniture including under the couch cushions. (SUNDAY, WEDNESDAY & SATURDAY). 11. Polish all wood furniture in Administrative areas. (SUNDAY, WEDNESDAY & SATURDAY). 12. Vacuum comers, behind desks, and between file cabinets in the Administrative areas. (SUNDAY, WEDNESDAY & SATURDAY). MONTHLY SERVICE 1. Corner and crevice vacuum all carpeted areas. 2. Dust all high areas including wall ceiling corners to remove cobwebs. 3. Brush down or dust wall and ceiling air vents up to approximately 14'. 4. Wash wastebaskets inside and out, dry and replace to their original position. 5. Wash and clean all glass and metal partitions. 6. Spot clean upliolstery frrrniture. 7. Leather or vinyl furniture wipe clean. 8. Dust bookshelves, cabinets, and shelving units. STAFF KITCHEN, TALBERT ROOM KITCHEN, STAFF LOUNGE, EATING AREAS & CATERING KITCHEN., 1. Empty all trash receptacles. 2. Replace plastic container liners. 3. Remove all waste articles to designated area. 4. Clean floor drains. 5. Damp wipe clean counter tops, tables, and chairs. 6. Clean outside of cabinets, stoves, refrigerators, microwave ovens, all appliances. 7. Wash. clean sink bowls and faucets. ts. k-ompietery sweep una we[ mop n ru surrace nuors. 9. Vacuum and spot clean all carpeted areas. 10. After cleaning, tables and chairs will be arranged neatly. (I.F ANY .DEEP CLEANING IS REQUIRED, CLIENT TO PAY AN ADDITIONAL FF,F.,) STAIRWAYS- DAILY 1. Sweep and/or vacuum stairs and landings. 2. Spot clean all stairways, doors, jambs, walls and snack area tile stairs. 3. Dust and wipe clean handrails, baseboards, and ledges. ELEVATORS- DAILY 1. Sweep and/or vacuum elevator floor. 2. Dust and spot clean elevator tracks and doors. 3. Clean buttons, glass, walls and stainless -steel fixtures in elevator cabs. THEATRE (INCLUDING BOX OFFICE, TECH ROOM, GREEN ROOM, & BACKSTAGE) - DAILY 1. Empty all trash receptacles and replace plastic liners if necessary. 2. Spot clean all partition glass, display glass, and entrance glass doors. 3. Spot clean doors, doorframes, walls and switch plates. 4. Spot vacuum all carpeted areas. (IF THERE .IS AN EVENT CARPETS TO BE VACUUMED THOROUGHLY) WEEKLY SERVICE 1. Dust baseboards, ledges, ,A indowsills, and other horizontal areas within reach. (SUNDAY, WTEDN.ESDAY, & SATURDAY) 2. Clean entrance door metal thresholds. 3. Thoroughly clean main lobby areas. MONTHLY SERVICE i . L.orner anu crevice vacuum au uarycacu umub. 2. Dust all high areas including wall ceiling corners to .remove cobwebs. 3. Brush down or dust wall and ceiling air vents up to approximately 14 feet. 4. Wash clean all glass and metal partitions. THE FOLLOWING IS TO BE PERFORMED ON EACH BRANCH VISIT: DAILY SERVICE: Study tables remove marks 1. Drinking fountain cleaned, 2. All waste baskets emptied. I Phones wiped clean. 4. Desk surface dusted. 5. Carpet vacuumed. 6. Unearpeted floors swept. 7. Glass on front door washed. MONTHLY SERVICE 1. Floors mopped well. 2. Floors buffed (Upon request at an additional charge). 3. Table tops washed. 4. Areas under bookcases at Graham and Banning vacuumed or swept. 5. Window sills THE FOLLOWING TASK TO BE PERFORMED EVERY SIX (6) MONTHS: 1. Floors waxed in Main Street (Upon request at an additional charge). SPECIAL PROCEDURES 1. Secure all entry doors in coniunction with building's security requirements and report any evidence of breach to the security and/or building manager. 2. Report any damage, breakage, and plumbing problems to the building management. >. rXLrd Cledning llidy Ve FUgLIIfUU UUe LV �ipt%;Idl 6LMULJ VI: V;.A;4SLVLIb. Jtam aUUILLVilm cost if any. Special cleaning assignment may be given from time to time in lieu of regular cleaning assignments to be included in cost. SPECIAL FREOUENCIES: 1. Hard Tiles A. Linoleum tile floors shall be stripped and waxed on a monthly basis. These floors shall be buffed twice per month. (Upon request at an additional charge). B. Tile floors around the fountain and snack are shall be spot mopped daily. 2. Meeting Rooms C, D, Lobby, and the restrooms by the theatre shall be serviced after hours on Saturdays if scheduled meeting are to take place. SERVICE FREOUENCIES: Central Library: 7 days a week including most holidays. Start time: Monday through Thursday after 9:00 pm, Friday through Sunday after 5:00 pm. Banning: 2 days per week after 9:0 pm (Tuesday & Thursday). Murphy: 2 days per week after 6:00 pm (Monday & Wednesday). Main Street: 3 days per week after 9; 00 prn (Monday, Wednesday, & Friday). Oakview: 3 days per week after 7:00 prn (Monday, Wednesday, & Friday). Restroom supplies (toilet paper, paper towels, hand soap, diaper deck liners, sanitary products and trashcan liners to be provided by the Library. Other expendable cleaning supplies and electrical equipment must be supplied by vendor) RESTROOM SERVICE FOR ALL LIBRARIES DAILY SERVICE aiot c 1?-,' d 1. C111ply aI1U WIpC UUL all WaStUpit 1C1" FMCPLUcICS. 2. Empty sanitary napkin containers and replace insert. 3. Polish all metal and mirrors. 4. Clean and disinfect all dispensers. 5. Clean and disinfect was basins, toilet bowls, and urinals inside and out. 6. Disinfect underside and tops of toilets seats. 7. Spot clean the walls and toilet partitions. 8. Spot clean walls around wash basins. 9. Mop all lavatory floors with germicidal solution. 10. Refill soap, towel, tissue containers, and seat cover dispensers. 11.. Clean sink and toilet tank. WEEKLY SERVICE 1. Brush down vents. 2. Wipe down ceramic tile walls and toilet compartment partitions. 3. Perform high dusting. 4. Pour clean water down floor drains to prevent sewer gases. /n0�a ikatirJ EXHIBIT "B" Payment Schedule A. Fee for Services VENDOR'S fees for services shall be set per the following schedule: City Hall $13,399.90 Water De t.(Utilities Yard $3,796.05 City Yard $3,570.28 Park, Tree and Landscape Yard $1,313.05 Central Library Porter $3,313.37 Edison Community Center $2,048.70 Murdy Community Center $2,216.79 City Gym and Pool $2,355,75 Senior Center $7,422.69 Police Department $9,630.24 Libraries $7,095.00 Oceanview Estates Clubhouse $217.77 TOTAL MONTHLY $56,319.59 TOTAL ANNUAL $675,835.08 B. Fee Adjustment for Mandated Wage Increases. VENDOR may request an adjustment to above pricing for additional State or Federal mandated minimum wage requirements. Such increase may be requested commencing in year 2 of the contract, and must be received by CITY prior to September 30 to be effective the following January. Only one adjustment will be considered per year. C. Fee Adjustment — Consumer Price Index. VENDOR may request an adjustment based on local area consumer prices based on the percentage change in the US Bureau of Labor Statistics Los Angeles -Riverside -Orange County March CPI-U, capped at 4%. Such increase may be requested commencing in year 2 of the contract and must be received by CITY prior to September 30 to be effective the following January. Requested increase will not be considered by CITY if an increase per paragraph "B" above has also been requested. D. Billing 1. All billing shall be presented monthly. 2. Each location itemized in paragraph "A" above should be invoiced separately, and include the location where work was performed, the month that services were rendered, invoice date, and a unique invoice number. 3. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. E. Holidays. VENDOR shall not be obligated to perform services on the following holidays; New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Exhibit B AC Ro® CERTIFICATE OF LIABILITY INSURANCE 'MMIDD IYYYY) DATE1(MMIDD1412 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pOIICy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton & Company 3475 E. Foothill Blvd., Suite 100 CA 91107 www.boltonco.com 0008309 CONTACT NAME: PHONE AcX 62�799-7000 No: 626 583-2117Pasadena, E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC fl _ INSURER A: Liberty Mutual Fire Insurance Company AX 23035 INSURED Merchants Building Maintenance LLC 1190 Monterey Pass Road Monterey Park CA 91754 INSURERB: Safety Nalionai Casualty Corporation A+XI 15105 INsuRERc: Federal Insurance Company A++X 20281 INSURERD: Llbeff Insurance Cor oration AX 42404 INSURERE: Employers Insurance Company of Wausau AX 21458 INSURER F: The First Liberty Insurance Corporation AX 33588 COVERAGES CERTIFICATE NUMBER: 39745657 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE J= S D POLICY NUMBER POLICY IDDYfYYYY POLICY EXP MMIDD/YYYY LIMITS D �/ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE ✓ OCCUR TB7Z91460659067 6/1/2017 6/1/2018 EACHOC_CURRENCE $1000000 nAMAE i6 RENT PREMISES Ea occurrence $ 300,000 GEN'LAGGREGATELIMIT MED EXP (An one person) $ 0 APPROVED To F ISM y.�CV PERSONAL & ADV INJURY $ 1 000 000 APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY �✓ PRO LOC OTHER: By. IC ABL 6. QA ` B PRODUCTS-COMPIOPAGG $2.000,000 $ F AUTOMOBILE LIABILITY AS6Z91`4&nQ9A!a tiijhW&0 7 6/1/2018 W aw deDtSINGLE LIMIT $1 000 000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AU ros BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident S 3 D �/ UMBRELLALIAB �/ OCCUR TH7Z91460659047 6/1/2017 6/1/2018 EACHOCCURRENCE $10 000 000 AGGREGATE $ 10 000 OON EXCESS LIAB CLAIMS -MADE DED RETENTlON$0 S B E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? N/A SP4054972 Excess WC (CA) WCCZ99460659058 (AOS) 6/1/2017 1/1/2018 6/1/2018 1/1/2019 �/ STATUTE EORH E.L. EACH ACCIDENT _ $1,000,000 E.L. DISEASE - EA EMPLOYEE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1.000000 C Fidelity/3rd Party Crime 81585028 6/1/2017 6/1/2018 Limit $1 MILJDed. $25,000 A Rented Equipment YM2Z91460659077 6/1/2017 6/1/2018 Limit: $40,000/item; Ded. $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Workers Comp is Self -Insured under California Certificate of Consent to Self Insure #1793 for California operations. GL Additional Insured and Primary & Non -Contributory Wording apply per CG20100413 & CG20370413 attached, only if required by written contract/ agreement.Auto Additional Insured applies per PICA0030414 attached. GL, Auto, XS and WC Notice of Cancellation Clauses apply per IL02700912, AC84070713, CU61580807 and SPWC0908 attached. Additional insured(s): City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. CERTIFICATE HOLDER CANCELLATION City Cityy Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Main St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cheryl Feia ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 39745657 1 MERCN-1 1 (1) MPM 1.2.la 009 WC- All 6/1/17-10 1 Michael Lawaen 1 1/4/2010 12:41:10 PM (PST) I Page 1 of 16 AS6Z91460659027 PI-CA-003 (04/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. SECTION II —COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": Any person or organization for whom you are required by an "insured contract" to procure "bodily injury" or "property damage" liability insurance arising out of the operation of a covered "auto" with your permission. However, this additional insurance does not apply to: 1. The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto' you own; 2. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; 3. Anyone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours; 4. Anyone other than your "employees," partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees," while moving property to or from a covered "auto'; or 5. A partner (if you are a partnership), or a member (if you are a limited liability company) for covered "auto' owned by him or her or a member of his or her household. B. The "insured contract" must be in effect during the policy period shown in the Declarations and must have been executed prior to the "bodily injury" or "property damage". C. This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that "insured", whether the work is performed by you or for you, and only to the extent you are held liable for an "accident' occurring while a covered "auto" is being driven by you or one of your employees. D. There is no coverage provided to this person or organization for "bodily injury" to its employees or for "property damage" to its property. E. Coverage for this person or organization shall be limited to the extent of your negligence or fault according to the applicable principles of comparative negligence or fault. F. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". G. A person's or organization's status as an "insured" under this endorsement ends when your operations for that "insured" are completed. Page 1 of 2 39745657 I MERCY.-1 1 (1) M9M 1.1.18 COS WC- All 6/1/17-18 1 Michael Lawson 1 1/4/2018 12:41:10 PM (PST) 1 Page 2 of 16 PI-CA-003 (04114) H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any "insured," or to procure insurance. I. The following additional exclusions apply: The insurance afforded to any person or organization as an "insured" under this endorsement does not apply to "loss": 1. Which occurs prior to the date your contract is effective with such person or organization; 2. Arising out of the sole negligence of any person or organization that would not be an "insured" except for this endorsement; or 3. Which occurs after you returned the leased or rented "auto" to the lessor or the policy period ends, whichever occurs first. Page 2 of 2 39745657 j M6RCH-1 1 (1) M6M 1.1.18 DOS WC- All 6/1/11-18 1 Michael L3KSon 1 1/4/2018 12:11:20 PM (PST) I Page 3 of 16 IL 02 70 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -- CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2., 3, and 5. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks, (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 09 12 0 Insurance Services Office, inc,, 2012 Page I of 4 39745657 1 MERCH-1 1 (11 MBM 1.1.18 005 WC- All 6/1/17-18 I Michael Lawson 1 1/4/2018 12:41:10 PM (PST} I Page 4 of 16 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (I) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously Issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage Is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part - Causes Of Loss ® Special Form; or (2) Farm Coverage Part -- Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss ® Special. Page 2 of 4 © Insurance Services Office, Inc., 2012 L 02 70 09 12 39745657 I MARCH-1 1 (1) MBM 1.1.18 OOS WC- All 6/1/17-18 [ Michael Lawson 1 1/4/2018 12:41:10 PM (PST) I Page 5 eE 16 C. The following is added and supersedes any provisions to the contrary: Nonrenewal Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarationsr and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date, We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to Insurers who are associate participating Insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition, A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c, We will not refuse to renew such coverage 'solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (cf.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions; (1) Commercial Property Coverage Part - Causes Of Loss — Special Form; or (2) Farm Coverage Part— Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. 3. We are not required to send notice of nonrenewal in the following situations: a. if the transfer or renewal of a policy, without any changes in terms, conditions or raises, is between us and a member of our insurance group. IL 02 70 09 12 Insurance Services Office, Inc., 2012 Page 3 of 4 39-) 5S w) 1 Mncs-1 1 (1) M6M 1.1.18 003 Wc- All 6/1/17-19 1 :Michael La--- 1 1/4/2018 12:41;10 PM (PST) I Pzge 6 of 16 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.I. s c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. Page 4 of 4 e. I€ the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, In accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Insurance Services Office, Inc., 2012 IL 02 70 09 12 39745657 1 MERCH-1 i {1) MBM 1.1. 18 OOS WC- All 6/l/17-18 ii Michael Lawson 1 1/4/2018 12;41:10 PM (PST) i Page 7 of 16 Policy Number AS6Z91460659027 Issued by The First Liberty Insurance Corp. 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in anyone period. D. This coverage does not apply. 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenseswhich is not already provided for under Paragraph A.4. Coverage Extensionsof SECTION III— PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section Vil of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non -renew this policy by mailing written notice of cancellation or non -renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non -renewal Schedule. a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than�,non-payment, the greater of: AC 84 07 07 13 © 2013,Liberty Mutual Insurance. All rights reserved. Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 39745657 1 MERCH-1 I (1) MHM 1.1.18 00S WC- All 6/1/17-18 I Michael Lawson 11/4/2018 12:41:10 PM (PST) I Page Cot 16 Policy Number AS6Z91460659027 - Issued by The First Liberty Insurance Corp. ( (1) 60 days; (2) The number of days shown in the Cancellation and Non -renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non -renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto', less: 1, The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss'; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; U. Costs for extended warranties, C.,reciit Life Insurance, Health!, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1500 for each covered "auto`. XXII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICOARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSEAS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENTTHIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MI FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. AC 84 07 07 13 © 2013 Liberty Mutual Insurance. All rights reserved. Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 39745657 1 NERCH-1 1 (1) MOM 1.1.16 003 WC- All 6/1/17-18 1 Michael Lawson 1 1/4/2018 12;41.10 PM (PST) i Paga 9 of 16 Policy Number AS6Z91460659027 Issued by The First Liberty Insurance Corp, Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: The "accidents" or "loss" occurs within 25 miles of the United States border; and While on a trip into Mexico for 10 days or less. For coverage provided by this section of the endorsement, Paragraph 8.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is repiaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a 'loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such 'loss" at the nearest United States point where the repairs can be made. The following additional exclusions are added: This insurance does not apply: If the covered "auto' is not principally garaged and principally used in the United States. To any "insured" who is not a resident of the United States. Paragraph A.S. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. © 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. SP4054972 Excess WC (CA) unreasonably refuse to settle any claim which, in the exercise of sound judgment with respect to the entire claim, should be settled, provided, however, that the EMPLOYER shall not make any payment or agree to any settlement for any sum which would involve the limits of the CORPORATION'<_ liability hereunder without the approval of the CORPORATION. If the CORPORATION is prejudiced by the EMPLOYER'= failure to exercise diligence, prudence, and good faith, the CORPORATION may elect to disclaim coverage for Loss from such claim. L. Inspection and Audit The CORPORATION shall have the right, but not the obligation, to inspect the premises and equipment and/or to audit the books and records of the EMPLOYER and of its agents and representatives, Including all records relating to payroll and claims matters, at any reasonable time during the period of this Agreement and within three (3) years after final settlement of all claims due to Occurrences happening during the term of this Agreement. An audit to determine Manual or Standard Premium shall supersede any and all prior voluntary payroll reports by the EMPLOYER, and will be used to determine the final adjustment of premiums due to the CORPORATION. Should a determination be made that additional audit premium Is due to the CORPORATION, the due date for payment of such audit premium shall be thirty (30) days after the date of billing. Other Insurance If the EMPLOYER carries other valid and collectible insurance, reinsurance, or indemnity with any other Insurer or reinsurer covering a Loss also covered by this Agreement (other than insurance or reinsurance that is purchased to apply in excess of the sum of the Self -Insured Retention and the Maximum Limits of Indemnity hereunder),, the Insurance afforded by this Agreement shall apply in excess of and shall not contribute with such other insurance or reinsurance. Recovery from Others The EMPLOYER agrees to prosecute any and all valid claims the EMPLOYER may have against any other party or source that may mitigate any Loss under this Agreement and return to the CORPORATION any amount so recovered, less the reasonable expense of collecting such amounts. The CORPORATION shall have the EMPLOYER's rights to prosecute any and all valid claims against any other party or source that may mitigate any Loss under this Agreement. The EMPLOYER agrees that it will assist the CORPORATION in any prosecution of any and all valid claims against any other party or source that may mitigate any Loss under this Agreement. Any amounts recovered by the EMPLOYER or the CORPORATION from any party or source that may mitigate any Loss under this Agreement shall first be used to pay the expenses of collection and to reimburse the CORPORATION for any amount it may have paid the EMPLOYER for the Liability Period concerned, and all SMC-09GB.A1 remaining amounts collected shall be paid to the EMPLOYER. Change in Agreement No condition, provision, or declaration of this Agreement shall be waived or altered at any time, except as specified in Section F, except by endorsement signed by the President or a Senior Vice President and the Secretary or an Assistant Secretary of the CORPORATION, This Agreement hereby terminates, supersedes, and replaces all previously Issued Workers' Compensation Insurance or Reinsurance Agreements, as amended, between the EMPLOYER and the CORPORATION. If terms of this Agreement are in conflict with any law applicable to this Agreement, this statement amends this Agreement to conform to such law. In addition, in the event any terms are in conflict with applicable laws, the remaining terms of the Agreement shall be enforceable. P. Cancellation This Agreement may be cancelled by either party giving the other party written notice not less than sixty (60) days prior to the date of cancellation, except, that if the CORPORATION cancels for non-payment of any premium, the cancellation shall become effective ten (10) days after dispatch of notice by the CORPORATION. The date of cancellation then becomes the termination date of the final Liability Period. This Agreement does not apply to Loss as a result of Occurrences taking place after the effective date of such cancellation. If cancellation is effected by the EMPLOYER, the Manual or Standard Premium shall be determined by the short rate tables used for casualty insurance, and the Earned Premium shall be the product of the Premium Rate (Item 4) times the Manual or Standard Premium (or the Total Annual Remuneration) so arrived at, but not less than the Minimum Premium specified in the Declarations. If cancellation is effected by the CORPORATION for non- payment of premium, the EMPLOYER shall pay the CORPORATION Earned Premium for the period up to the date of cancellation. If the CORPORATION cancels for any other reason, the Manual or Standard Premium (or the Total Annual Remuneration) shall be determined upon a pro rata basis and the Earned Premium adjusted in accordance therewith, Q. Assignment An assignment of interest under this Agreement will not bind the CORPORATION unless an endorsement signed by the President or a Senior Vice President and the Secretary or an Assistant Secretary of the CORPORATION assigning interest under this Agreement is issued by the CORPORATION. IL Bankruptcy or Insolvency of Employer The bankruptcy or insolvency of the EMPLOYER will not relieve the CORPORATION or the EMPLOYER of its duties and liabilities under this Agreement. After payments have 39745657 1 MERCH-1 1 0) MHM 1.1.18 OOS WC- All 6/l/17-18 1 Michael Lawson 1 1/4/2018 12:41:10 PM fPST) I Page 11 ct 16 TH7Z91460659047 CU 6168 06 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL Section Vi - CONDITION D. Cancellation, Paragraph 2. is deleted and the following conditions are added to Section VI - COAIDMONS: Cancellation 2. AU policies in Effect For 60 days or Lees if this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing of delivering to the first Named insured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a.10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud or material misrepresentation by; (a) Any Insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b, 30 days before the effective date of cancellation is we cancel for any other reason. All Policies in Effect For More Than 60 Days If this policy has been in effect for more than 60 days, or Is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: a. Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. b. Discovery of fraud or material misrepresentation by; (1) Any insured or his or her representative In obtaining this insurance; or (2) You or your representative in pursing a claim under this policy. C. A judgment by a court or en administrative tribunal that you have violated a California or Federal Law, having as one of its necessary elements an act which materially increases any of the risks insured against, d. Discovery of willful or grossly negligent acts or omissions, or of any violations of state lays or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. e. Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. 1. A determination by the Commissioner of Insurance that the; CU 8158 00 07 Page 1 of 2 3974565- 1 MERCH-1 1 (1) D1814 1.1.19 COS [QC- all 6/1/i7-18 1 Michael Lawson 11/4/2618 12;41i10 PM (PST} I Page 12 of 16 (1) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (2) Continuation of the policy would; (a) Place us in violation of California law or the laws of that state where we are domiciled. (b) Threaten our solvency. p. A change by you or your representative in the activities of property of the commercial or industrial enterprise, which results in a materially added, Increased or changed risk, unless the added, increased or changed risk is included in the policy. h. In addition to the above reasons, umbrella and excess policies may be also cancelled for any of the following reasons: (1) material change in limits, type or scope of coverage, or exclusions in one or more of the underlying policies; [1 2) cancellation or nonrenewal of one or more of the underlying policies where such policies are not replaced without lapse; or (3) a reduction in financial rating or grade of one or more insurers, insuring one or more underlying policies based on evaluation obtained from a recognized financial rating or- ganization. Nonrenawal 1. If we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. 2. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 says or less, provided that notice has been given In accordance with paragraph 1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. if the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. t. If we have made a written offer to the first Named Insured, In accordance with the timeframes shown in Paragraph 1., to renew the policy under changed terms or conditions or at an increase premium rate, when the increase exceeds 25%. CU 6158 06 07 Page 2 of 2 39745657 I M6RC11-1 1 (1) MSM 1.1.18 OOS WC- Al 6/1/17-10 �l Michael Lawson 1 1/4/2018 12:41:10 PM (PST) 1 Page 13 of 16 POLICY NUMBER: TB7Z91460659067 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r This endorsement modifies insurance, provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations he City of Huntington Beach, its officers, lected or appointed officials, employees, gents and volunteers Cityy of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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 included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 39145657 1 M&RCR-1 1 (1) M814 1.1.18 OOS WC- All 6/l/17-18 i Michael Lawson 1 1/4/2018 12!41:10 PM (PST) i Page 14 of 16 POLICY NUMBER: TB7Z91460659067 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The Cityof Huntington Beach, its officers, 2 i of Huntington Beach 200 Main St. lected r appointed polunteersfficials, employees, Huntington Beach, CA 92648 gents and Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or, agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization, other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 ©insurance Services Office, Inc., 2012 39745657 1 MERCH-1 I �1) MBM 1.1.18 OOS NC- All 6/1/17-18 Michael Lawson € 1/9/2018 12:41:10 PM PST) I Page 15 of 16 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 39145657 1 MBRGH-1 1 (1) MBM 1.1.18 COS WC- All 6/1/17-18 I Michael Lawson 11(4(2018 12:41:10 PM (PST) I Page 16 OE 145 ATTACHMENT #2. CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 16, 2014 ITEM NUMBER: SUBJECT: AWARD CONTRACT FOR JANITORIAL SERVICES TO MERCHANTS BUILDING MAINTENANCE DATE: SEPTEMBER 5, 2014 FROM: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR PRESENTATION BY: BRUCE HARTLEY, MAINTENANCE SERVICES MANAGER FOR FURTHER INFORMATION CONTACT: BRUCE HARTLEY (714) 754-5164 17:10101'iI►i1:4►17-111Is] ►I Award a five-year contract, with three optional one-year extensions, for janitorial services for City buildings and park restrooms to Merchants Building Maintenance in the amount of $394,871.89 for the first year of the contract and $436,064.06 for the second year of the contract. 2. Authorize the Chief Executive Officer (CEO) and the City Clerk to execute the Professional Services Agreement and to approve future contract extensions per the contract. BACKGROUND The City currently contracts for janitorial services for ten (10) City buildings and seventeen (17) park restrooms with Commercial Cleaning Systems (CCS). The current contract, awarded in August 2002, has expired, with all optional extensions exhausted. The Public Services Department, in cooperation with the Purchasing Division, developed new specifications for janitorial services and prepared a Request for Proposal (RFP) to locate a qualified company through a competitive process. With the approval of the CEO, the RFP was advertised, posted at City Hall and placed on the City's web site on April 2, 2014. On April 11, 2014 a mandatory pre -bid tour was conducted, with twelve (12) janitorial companies participating. On April 28, 2014, at the close of the proposal period, the City received six (6) proposals. Following the evaluation and selection process as stated in Chapter V, Article 2, of the Costa Mesa Municipal Code, the six proposals were individually evaluated and rated by a panel comprised of the Maintenance Services Manager; the Facility Maintenance Supervisor; a Fire Battalion Chief; and a Manager from the County of Orange Public Works/Facilities Administration. The three most qualified companies were interviewed and given an opportunity to make a presentation. Based on the proposal ratings and the interview results, the panel determined Merchants Building Maintenance to be the most qualified company to provide the high quality comprehensive janitorial services the City is seeking. AMAI_YSIS Item 16. - 29 HB -280- The previous janitorial contract was awarded in 2002 in the amount of $311,604. The amount did not include the cost for maintaining the park restrooms or the Senior Center, which were not part of the original contract. During the challenging financial conditions of the recent recession, a price & scope of services reduction was negotiated between the City and CCS resulting in a reduced annual amount of $240,274.44. The annual restroom maintenance cost is currently $59,996.16. The current Senior Center janitorial cost of $22,425.60 was paid by the Costa Mesa Senior Center Corporation. If all three costs are combined to reflect a current annual cost, the amount would be $322,696.20. The new scope of services is very detailed. Overall, the services have been reviewed and enhanced where service was lacking and the need for consistent high quality cleaning was not being realized. The Senior Center specifications were expanded to provide a higher level of service over the current contract. The park restrooms specifications added monthly pressure washing to the scope of services to improve the conditions in those high -use buildings. Merchants Building Maintenance has provided a detailed plan to transition into the City contract and has outlined a very customer service oriented approach to the contract and to providing the City with the high level of services appropriate for municipal facilities. The implementation of new technology in tracking work completed, requests for service and employee efficiency will allow the City and Merchants Building Maintenance to more effectively monitor contract compliance and improve customer satisfaction. Merchants Building Maintenance was the lowest priced company of the three finalists in the proposal process. ALTERNATIVES CONSIDERED The Council could deny the request to award the contract to Merchants Building Maintenance and direct staff to re -advertise the RFP. It is not anticipated that this would result in locating a more qualified company or a lower cost for service. FISCAL REVIEW The existing contract, with the addition of the park restrooms and the current cost of the Senior Center is $322,696.20 per year. The proposed new contract amount is $394,871.89. The increase of $72,175.69 per year is attributable to the addition of the Senior Center ($40,503.72) which was not in the City's budget for FY 13-14, the increased cost of the park restroom portion of the contract ($23,499.84); and the annual cleaning of the fire stations ($3,084.13). The remaining $5,088 reflects the price increases for various other City facilities as a result of increased scope of services and incremental cost increases in the industry with ten years passing since the previous bidding of the work. The increased cost for the second year of the contract is due to mandatory employer costs associated with the implementation of the provisions of the Affordable Care Act. Should this Federal legislation not be implemented, then the amount of the contract would not automatically increase. Funding for janitorial services in the amount of $375,503.72 is included in the FY 2014- 2015 budget within the related program budgets. The Finance Department is working with the three affected departments to process budget transfers of existing appropriations for the remaining $19,368.17 necessary to award the contract due to the higher cost of the proposed increased scope of services. HB -281- Item 16. - 30 LEGAL REVIEW The City Attorney's Office has prepared the necessary Professional Services Agreement to execute this contract. See Attachment 1. CONCLUSION The current janitorial contract has expired. The quality of the janitorial services the City is currently receiving does not meet the needs and expectations of the City. The Public Services Department and the Finance Department completed an RFP process to locate a highly qualified janitorial contractor at a competitive price to provide the desired services. Merchants Building Maintenance is the most qualified provider of services as determined by the competitive process. The contract will provide comprehensive cleaning services to ten City facilities, seventeen park restrooms and six fire stations (once per year). It is recommended that the City Council award a five-year contract to Merchants Building Services to provide for custodial services to City facilities. ERNESTO MUNOZ Public Services Director BRUCE HARTLEY Maintenance Services Manager STEPHEN DUNIVENT Interim Finance Director ATTACHMENTS: 1. Professional Services Agreement: Exhibit A: City Request for Proposal Exhibit B: Consultant's Proposal — Merchants Building Services Exhibit C: Supplemental Proposals — Senior Center & Park Restrooms Exhibit D: Fee Schedule Exhibit E: Certificates of Insurance Exhibit F: City Council Policy 100-5 Item 16. - 31 HB -282- CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH MERCHANTS BUILDING MAINTENANCE THIS AGREEMENT is made and entered into this 16th day of September, 2014 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation (°City"), and MERCHANTS BUILDING MAINTENANCE, a Limited Liability Partnership ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide janitorial services for city buildings and the Costa Mesa Senior Center, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A", as expanded by the specifications found in Exhibit "CU (the "Project"), and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Proposal ("RFP"), attached hereto as Exhibit "A," and Consultant's Response to City's RFP (the "Response) attached hereto as Exhibit "B,' and as expanded by the custodial specifications detailed in Consultant's Costa Mesa Senior Center and Park Restroom Supplementary Janitorial Proposals ("Supplemental Response") attached hereto as Exhibit "C" each incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not -Cgz- €�H Z� - '9t LU31I satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination, In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.5. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule in Exhibit "D" attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total annual compensation for the first year of this Agreement, month one through twelve ("FY 14-15"), shall not exceed Four Hundred Two Thousand Nine Hundred Eighty ,J -t8 C- 8 H 2 Merchants Building Maintenance Dollars and Eighty-nine Cents ($402,980.89). Consultant's total annual compensation for the second year of this Agreement, months thirteen through twenty-four ("FY 15-16"), shall not exceed Four Hundred Twenty-seven Thousand Nine Hundred Fifty-five Dollars and Six Cents ($427,955.06), and shall increase to that amount only upon enactment of applicable legislation requiring implementation of the `Affordable Care Act'. Commencing on month twenty-five and once every twelve months thereafter, Consultant may increase its compensation in an amount equal to the Consumer Price Index — All Urban Consumers (CPI) for the twelve month period prior to the first day of the Contract Year subject to the increase. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized charge order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date, 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of sixty (60) months, ending on September 15, 2019, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Upon mutual written agreement, the parties may renew this agreement up to a maximum of three (3) one (1) year terms. 4.2. Notice of Termination, The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated -C8C- 8H 3 MercPriis8ui" 1VU01fnce by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. in the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4A. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, productsfcompleted operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5.2. Endorsements. The commercial general liability insurance policy and business q -y 8 �- 8 H 4 Merchants Building Maintenance automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, (eased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City. (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention, if any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention. 5.4. Certificates of insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this reference. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. -L 8 L- SH 5 Merch*g Bai*4109101Ince 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Merchants Building Maintenance 1190 Monterey Pass Road Monterey Park, CA 91754 Tel: 714-973-9272 Fax: 714-973-2124 Attn: George Rodriguez, Branch Manager IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 754-5123 Fax: (714) 327-7558 Attn: Bruce Hartley 6.5. Drug -free Workplace Policy_. Consultant shall provide a drug -free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "Fn and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. in the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. _8K- gH 6 Merchants Building Maintenance 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnifica#ion and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, andfor authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee andfor employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or -68Z- HH 7 Merch�@i�anirdWMVJ34ce subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. I -06z- SH $ Merchants Building Maintenance 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severabiiity. If any provision of this Agreement is determined by a court of 16 Z- E VI 9 Mer 9- 69if g VJ011ance competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, Oom unici al corpration Hatch, PiefoExecutive Officer CONSULTANT Sign Name d Title J Social Security or Taxpayer ID Num of the City of Costa Mesa Date: --04/ X Date: Ouliq '�I -Z6Z- 8H 10 Merchants Building Maintenance nPPQnv�-n aC Tr) PnPKA- APPROVED AS TO Public ate: ( , 4 Z ate: 9 z 5 &' Date: �� _CK- 8H 11 M (.VISB iTinvuoi nance EXHIBIT A REQUEST FOR PROPOSALS -J76C- 8H 12 Merchants Building Maintenance EXHIBIT B CONSULTANT'S PROPOSAL -c6Z- OH 13 Meru' Bjjnqhajfnance EXHIBIT C COSTA MESA SENIOR CENTER & PARK RESTROOM SUPPLEMENTARY JANITORIAL PROPOSAL -96Z- aH 14 Merchants Building Maintenance EXHIBIT D FEE SCHEDULE -L6C- 8H 15 Mere'" Bulgit QVOJ�nce EXHIBIT E CERTIFICATES OF INSURANCE -6K- SFI 16 Hera Vl! llLglTgVjajVance >/24,`20=4 4:46:08 PM PST (GMT-8) FROM; 1.00005-TO: 17143271558 From: Bolton & Company 3475 E. Foothill Blvd„ Suite 100 Pasadena, CA 01107 (626) 799-7000 0008309 www.bolionco.com To City of Costa Mesa Attn: Burce Hartley 77 Fair Drive, PO Box 1200 Costa Mesa CA 92628 t 1=0 to Subject: Page: 1 of 4 FAX DOCUMENT Certificate of Insurance Delivery by ecertsoniine T" Nancy Cadwallader Date: 9/24/2014 Delivery Via: FAX 17143277558 No. of Pages: 4 Foliowing is the requested certificate of insurance for the insured in the subject above The certificate was created in eCertsOnline and is in PDF format. You need to have Adobe Acrobat Reader installed on your system to view the certificate. To download the Adobe Reader for free, please visit www.Adobe.com, If you have any questions on the certificate, please contact Bolton & Company at 626-799-7000, THIS MESSAGE ISIN, ENDED FOR THE USE OFTHE INDIVIDUAL ORENTITY TOVs'H1CHri IS ADDRESSED AND MAY CONTAIN INFORMATIONTHAT!S PRIVILEGED, CCNFICENTIAL AND EXEMPT FROM DISCLOSUREUNDERAPPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE IN i'ENDED F.ECIPIENT, OR THE EMPLOYEE ORAGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTFNDFO RECIPIFNT, YaJ ARE HEREBYNOTIFIED THAT ANY DISS£MINA71ON, D15 TRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBrrED. iF YOU NAYS RECEIVED THIS COMMJNICKFICN IN ERROR PLEASE NOTIFY US IMEDIATEL`r BYTFLFPHONE,AND RETJRN THE ORIGINAL MESSAGE TO US AT THE ABOVE AD DRESS VIA REGULAR PG STAL SERVICE. I U 2002 Certificate of Insurance Delivered by ecertsoniine"m Insurance Visions, Inc. All rights reserved. -Off- S H 5/24f20_t4 4:46:08 PM PST (GMT-8) FROM. 100005-TO: 17143277558 Pace: 2 at 4 AC®RO CERTIFICATE OF LIABILITY INSURANCE �--�� DATE (MMroD/YYYY) 912412014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsements . PRODUCER Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena; CA 91107 CONEACr PHONE No Ext: 626 799 7000 FAfc No: 626} 583 2117 E WAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # ,Aww.boitonco.com 0008309 INSURERA: Liberty Mutual Fire insurance Company AXV 23035 INSURED Merchants Building Maintenance LLC 1190 Monterey Pass Road MSURERB: Safety National Casualty Corporation (A XI) 15105 94SURERC: Federal Insurance Company A-1--1-XV 20281 Monterey Park CA 91754 INsuKERD : Liberty Insurance Corporation fA XV 42404 INSURER E : Employers Insurance Companyof Wausau A XV 21458 INSURER F {r VYGf�h\l1Ga 1=YKIIFII "IIIi�M1111MH1�Ll• nA �•l t ll�c r]�l/If•�/1a1a THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR1 ,INSD WVD POLICY NUMBER POLICY EFF MM1DD POLICY EXP MM/DD/YYYY LIMITS A �/ COMMERCIAL GENERALLIABILrry CLAIMS -MADE,/ OCCUR ,� TB2Z91460659064 3,11/2014 3/1/2015 EACH CCCURRENOE $ 1,000,000 DA AGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 0 PERSONAL &ADVINJURY $ 1,000,000 AGGRE GATE L IMIT APPLIES PER. POLICY JECO-r- LOC GENERAL AGGREGATE $ 2,000,000 G EN'L PRODUCTS -COMPlOPAGO $ 2.000,000 $ OTHER: A AUTOMOBILE LIABILITY AS2Z91460659024 3/1/2014 3/1,`2015 GOMEINDSINGLELIMIT (Ea accident) $ 1,000,000 BODILY INJURY fPer person) $ ANY AUTC ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-CWNED AUTOS PROPERTY DAMAGE 'Peraccident) $ D i UMBRELLA LIAR OCCUR TH7Z91460659044 3/1/2014 3i1;2015 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 10,000,000 DED I I RETENTION50 $ B E WORKERS COMPENSATION fY AND EMPLOYERS' LIABILfYIN ANY PROPRIETOPuFA.RTNERIEXEc;UTfVE OFFICFRIMEMBER EXCLUDED? ❑ N!A SP4050764 Excess WC (CA) U�CC��s466659054(A�S) 4/24/2014 1/1/2014 4/24/2015 1/1/2D15 PER oTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C EmpioyaeTheft,Forgery 81585028 6/1/2014 611/2015 Lim ItS1 MILIDed. $25,000 A Rented Equipment YM2Z91460559074 3,11/2014 3/1/2015 Limit: $40,000/item; Ded. $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Comp is Self -insured under California Certificate of Consent to Self Insure #1793for California operations. Blanket GL Additional insured perform LG 1017 09 07 attached; only if required by Written contract. Primary & non-contributory coverage included. Job: Various Locations. LHIV I.CLLKS IV IV City of Costa Mesa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Burce Hartley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 77 Fair Drive, PO Box 1200 Costa Mesa CA 92628 AUTHORIZED REPRESENTATIVE Feia ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CEET PJC.: 21?22975 CLIENT CO�3E: MERCH-1 Nancy Cadxal2eder 9/24/2014 4.42:49 PM (?DTI Gaye 1 cf -10�- eH 0S - '91 W31I 9/24/201-4 4:46:OR PM PST (GMT-8) FROM: 100005-TC: 17143277558 Page: 3 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXPANDED DED BLANKET AIiI3i`T`iONAL RI* S RIIM AND WAIVER 4F SUBROGATION a CONTRACTORS Th-is endorsement snodifles insarauro pmxidcd under the Mowing: A. Section ZI - Is An isssinr-rd is ainvil led to mc6ar as U13 insusca ally* person car ar a lizaio-t) to wl'tom you arc obligated -by a wetter agreement tc pmcare add and immed coverage, jxo-,ided that: i. the "bodily, lr vary;' `PM, perty da-mge," or "persotsal snd adver sing injury" p .ing rise tit hiib ity ooSAirs subsequent to rhe. e.xectit on cif the w6tmv agreerre:s ; and 2. the cvv=cn agreement is in eH£eet at thc time of ts,e "bodily Ll-;usy," "pvopt_ny damag£; - or. "je,csoaal and adVeftising.:n- JUET" for MlliLh ccnCc-Age is sought. h?t person or org2oj-mhc4i S€nt i be refA>rmd to as the 5idditiorta1 insured. The ccsveraf,e afforded to the additionRl sresuted is limited to katzi€itY r�atnsecl, in ivltoi° nr in par,, by lbe negligcnf acts ar. 41misciotts of yon, your r-rrs�n}'ees, your agents, o, youx subeortr- ors, in the pe:-tormar_ce of ymir onping averations. This insura:zcc does no, apply to "boffly iti ary,'° or uk ropefty' datrrtge," "perswial and 2dvcriik8g inja ' arising out of `Yms z included m the operetinns io/-qrci" i;nless you are recrui o3 to p;vx e stub criVc:age Cos tlm addilivri- nl wsured by Oe written agreea e t, and then only fbr the periafi of time required by the written agreement and cnl, for nabs iy ca;:sed, it whole or in Dart, b-� the .qegUgem acts or otnissiorts of you, your etnplovees, your agents, o_ your subcantracw --,bf--C is no cnvt--fAr for the sdrlitioralinsured for"boxPly injury" or "perscma3 and advertising irtjEttyr 'Avis€rg cx:t cr the sole rlgigerc-, of ,he additioml ir_sumd G. by those 9ctimg on behalf of the addition j issrared, except as pmmlded below. If Elie writren agreement to irAevrm--�, an additional ircured rrtTir;s that you indenxvfv, the %i0itkn'Ai insured for its sale niegli- gzrce, then the covcrag: for rise.addrtionai insured slr& tcszforsn to thug agre-ement, provided, howtver, that the contmctual intieci u ca ion Ianguage of ene x„reetYnenT is z=nlici under the is,vv of tim state wane :he agretmels* was formed. If the w.ittm agreement• provideg th'It R.j>=t111n state's lvv Evil app€iR, G'-,en such provision will be honored, B. Waiver Of b,l Fogai*n For aiiv additions€ ir-mured thit obtains insured smru9 on this Ptohcv through pa_^agraph .�., alxscre, vie waive a ny right of r--trv- ery we may have agxsnst the zaddi for -a? insured because ofat'na nr stc make Her "bocliiy in}ttx f , "}rapes rlamag- of "get_ rests and advcresing mqi-} 7 To which this insatance aoPiies. C. Exclusions a; ith xespect io the insu;arzcc of ¢zded to these insureds, rht fULovivLg adrlitionai exO);miow apply. "`Eris insurance dcx s not .?ply; 2, to "body iy uxy% `.Rmrerty danzagc" or ''ve-moftel and advertising injt?ry" arising out of the rem1cring of, or the foure to render, any pzx�ftsm-id tnl aril itc c arn1, cn¢ine An— or st1rve57ing strtnccs, inchxdiag: a, 1 he prgpa rug, appro ling, or fairmg to prepays ar sppzove, snaps, shop jnrwitsgs, opiI3 ons, reports, surveys, fikki orders, change arders �t di2wings and s}eaficadcc. or b. Supexaisary , is spec tat azctuttctcarai c%r erg tseex l; :activities. 2. to "bodily in;.}-" or'Rmperty damage, than ocz--"rs dtsrirag, t!Ie onorg olseratiom Oft pxojeet where fora have purchased an Ownez, & contracto-rs ?aroteCL'V£ L,iabiti v or Rastrood Pralecrire I,-:;N ity policy fnr the sdditinnal insured. LG 1# 17 09 07 Page 142 C=, NIJ : 2172IP75 CLIENT C'CEJE: MEA7:I-1 Nancy CadwaLlad-- 9/24/2314 4:4:2;49 PM 'PDT) Pace 2 of 3 !I -Ncl- OH a/24/2014 4:'6:08 PM PST (GMT-8) FROM: 100005-TO: 17143277558 Paqe: 4 of 4 3, svlts n caysrage is av-dlable tktsd:c z conso.lidatt-d e,,wrap ap) Lnstuss-ice pmgtam irk wliich yon are igivolved. OtbiLt i,ISS7tr?31CP. 5abf: ct ce rh: exclusions sbaae, dais <tzss ace shag be excess cx e: any other insntaace available to the add'tional insured; whether such insurance is en an cxcew, cunt: gent or pi ma7� basis, -,uJcss the writ= agaeemm-t wirh you le uires that the itzs�s,mnv-- pravided f:Zr she ahcidaral insured be pritr=atz cot ri t o: p u xac} inn corir ibutory, in eom--gsmon to the additional imured's OWr pohcv or pohdt:s. i0 £lif; tiX%t=ilC El7ai: li1C adE hm37a7 :t7.Si3eed )Ya5 Llke r2 , s In SS:.S'Eii Wlv offier AIlsu ante carrit r ffsl tAY .x;d t, i3ickxiin ; a tjdmisCs A,' - shad share t:)2r tthf with C" adciitiooal insured. 'I'aucnJ,,,r.cnc�t isc:,--rc:l oy 411 1.I2 E lll—V IM IJAL FIRE Nt,, liANCP COMPANY P,c sii S rsJe 3/1/2014 3/1,12015 7rt:r asraeE�met:t to ?'(Airy NV TB2Z91460659064 i]tl{.TS II8s7F lisL,d -y klcrchaats llx. iMl ig ktacrtcniincc (;c)aZparty Carr:err>igrcct b; .�. nut�l�sLaffa�:�:r�son:ati}e 3svxu:cf :SAC,." OfrK :rslst N L; vj Se W Ale. I..0 19 17 09 07 page Z of 2 CERT NO : 21721075 CLIENT CODE: MEBCH-1 Nancy Cadw"IL der 9(24/20Ie 4:42;49 p14 (FDTI page 3 of 3 -roc- SH ZS - '9 [ WalI Ac"I?H CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDrrM) 9/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 NAME: CONTACT PHONE FAX A1c No Ezt: 626 799-7000 A/C No: 626 583-2117 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company A X 23035 www.boltonco.com 0008309 INSURED Merchants Building Maintenance LLC 1190 Monterey Pass Road Monterey Park CA 91754 INSURERB: Safely National Casualty Corporation (A XI) 15105 INSURER ; Federal Insurance Company A++ 20281 INSURER : Liberty Insurance Corporation AX 42404 INSURER E: Employers Insurance Company of Wausau A X 21458 INSURER F : COVERAGES CERTIFICATE NUMBER: 21721975 REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ] LTR I TYPE OF INSURANCE DDL INSD SUBR WVD POLICY NUMBER I POLJCY EFF MMIDD/YYYY(MMIDIDNYYYI POLICY EXP LIMITS A �/ COMMERCIAL GENERAL LIABILITY / TB2Z91460659064 3/1/2014 3/1/2015 EACH OCCURRENCE $ 1,000,000 CLAIh1S-MADE OCCUR DAIAG PREMSES EaEoccu ante $ 300,000 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY s 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 2.000,000 POLICY r/ JECT LOG PRODUCTS - COMP/OP AGG $ 2.000,000 $ OTHER: A AUTOMOBILE LIABILITY AS2Z91460659024 3/1/2014 3/1l2015 EOaaoc,denDt51NGL£uMIT $ 1,000,000 BODILY INJURY (Per person) $ �/ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED 1HIREDAUTOS AUTOS BODILY INJURY (Per accident) s PROPERTY DAMAGE Peracadent $ $ l D i UMBRELLA LIAB �/ OCCUR TH7Z91460659044 I3/1/2014 3/1/2015 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAR CLAIMS -MADE DED RETENTION $ 0 $ I B E �WORKEIRSCOMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRO PRI ETORIPARTN ERlEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N 1 A I SP4050764 Excess WC (CA) WCCZ99460659054(AOS) 4/24/2014 1/1/2014 4/24/2015 1l1/2015 PER ?LH STATUTE ER E,L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT s 1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below i C EmployeeTheft/Forgery 81585028 6/1/2014 6/1/2015 Limit$1 MILIDed. $25,000 A Rented Equipment YM2Z91460659074 3/1/2014 3/1/2015 Limit: $40,000/item; Ded. $2,500 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Workers Comp Is Self -Insured under California Certificate of Consent to Self Insure #1793 for California operations. Blanket GL Additional Insured per form LG 10 17 09 07 attached, only if required by written contract. Primary & non-contributory coverage included. Job: Various Locations. CERTIFICATE HOLDER CANCELLATION City of Costa Mesa Y Attn: Burce Hartley 77 Fair Drive, PO Box 1200 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa CA 92628 AUTHORIZED REPRESENTATIVE Cheryl Feia ©1988-2014 ACIDRD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERT NO.: 21721975 CLIENT CODE: MERCR-1 Nancy Cadual!adez 9/24 2C-" 42:49 PM (PDT( Page 1 of 3 I -t/0,- 8H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — CONTRACTORS This endorsement rnodifics insurauce provided under the following: C KNMRCL-lL GEI\TERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an insured any person or orgaiiizatton to whom you are obligated by a written agreement m procure additional insured coverage, provided that: L the "bodily injury," "property damage," or "personal and advertising injury' giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written, agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertisingin- jury" for which coverage is sought. That person or organization shall be .referred to as the additional insured. The coverage affordLd to fhe additional insured is €invited to Lability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the perfonrnmce of your ongoing operations. This insurance does not apply to "bodily injury," or "property dzmage," "personal and advertising, injury' arising out of "Your work" included in the "products -completed operations h27ard" us -Jess you arc required to pros ide such covcragc for fhe addition- al insured by the written agreement, and then only for the period of nme rcq_iured by the written agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your. subcontractors There is no enver ige for die additional insured for. "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional irvared requires that you indemnif,.tFe additional insured for its sole negli- gence, then the coverage for the additional insured shall conform to that agreement; pra%ided, however, that the contractual indemnification language of the agree_rmrir is valid under the IcNv of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision w Albe honored. B. Waiver Of Subrogation Par any additional insured that obtains insured status on this policy Through paragraph._ above, we waive any right of recov- ery the may have against the additional insured becanse of payments we make for "boclily injury", "propem damage" or "per- sonal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1 to "bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any proftssional architectural, engineering or survcying services, inchzding: a, The preparing, approving, or failing to prepare or approve, snaps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" that occurs during the ongoing operations of a protect where you. have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. LG 1017 09 07 Page 1 of 2 CERT NO.: 217'1975 CLIENT CODE: MERCA-1 Nancy Cadwallader 9//2o/2U1' ^ i2A9 PM tPDT) Page 2 of 3 �� _ .^T r��T l- HH JU IL Wd 11 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance subject to the exclusions above, thisinsurance shall be excess over any otherinsurance available to the additionslinsuced, whether such insurance is on an excess, contingent or primary basis, unless the vmtten agreement with you requires that the insurance provided For the additional insured be ptirnary concurrent or primacy son -contributory, in comparison to the addirionai insured''s own p0hey or policies. To the extent that the additional insured Fasts the rillat to pursue any other insurance carrier for coverage, including a defeme, we shall share that rigi)twith the additionai insured_ 'j"7iis ct]ci:l rsz::'xcni is caccutcd br the 1.IAP,R.`Y MUTUAL F312F. 1NSUILSNC.Fi COt1'F;li!'Y Pwmifnn S n/a l ff—i- D- 3/1 /2014 Fapiraton mate 3/1 /2015 FOrattzch.mem to Policy No TQ2Z91460659064 h adit $a is Fssucxi-To hicrtisan is Iiuil(Rug Mahmmarote Com;)any 5i�iaPf VRAQ4 Counrereigned by ~!im6nrixd Repm�ni,�Fv� Issmd Sa1cs 05fwc and No. End. %c w Nn. LG 1017 09 07 Page 2 of CEZT RO,: 217Z2575 CLIENT CODE: MERC4-1 N—y Cadwallader 9/24/2014 4-42:49 PM 4PDr) Page 3 o£ 3 I -90cl- 8H EXHIBIT F CITY COUNCIL POLICY 100-5 -LO fl H 17 Mercti s-Bili(jg W01jance SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG -FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug -free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to; 1. Clearly state the City of Costa Mesa's commitment to a drug -free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug -free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug -free workplace by a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; ,1 _80c_ HH 18 Merchants Building Maintenance SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG -FREE WORKPLACE 100-5 8-8-89 2 of 3 b. Establishing a Drug -Free Awareness Program to inform employees about.- 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; -60` - SH 19 MerG118t5s Bull#lt IW31bnce SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG -FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug -free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. _Q 1 c_ 8H 20 Merchants Building Maintenance FIRST AVIENDMENT TO PROFESSIONAL SERVICES AGREEINIENT THIS FIRSTAMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ("First Amendment"), is entered into and effective as of ' Feb . 3 , 2016 ("Effective Date"), which is the date of when this First Amendment was approved by the Chief Executive Officer of the City of Costa Mesa. This First Amendment is by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and MERCHANTS BUILDING MAINTENANCE, California LLC Entity 199600210062 ("Consultant"), City and Consultant shall hereinafter collectively be referred to as "Parties", RE CITALS WHEREAS, the City and Consultant entered into a Professional Services Agreement on September 16, 2014 ("Agreement") wherein Consultant provides City with janitorial services ("Services") for City facilities; and WHEREAS, City desires to increase Consultant's services to City facilities; WHEREAS, with the increase of Consultant's services to City facilities, City shall increase Consultant's fair market rate compensation ("Compensation") accordingly, as set forth herein; WHEREAS, this First Arnendrnent shall not extend the term of the contractual relationship between City and Consultant; the original Terre of five (5) years shall remain in effect, as set forth in Agreement, Article 4, Section 4.1, Term,. and NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged; the Parties hereby amend the Agreement as follows. 1, For Services' that Consultant shall provide to City, Consultant shrill receive the contracted and agreed upon Compensation.z 2. Consultant shall receive a monthly increase of approximately One Thousand Three Hundred Seventy Four Dollars and Twelve Cents (S1,374,12 USD) and shall not receive more than a total monthly compensation of Thirty Seven Thousand Four Hundred Fifty Dollars and Fifty Cents ($37,450.50 USD). Commencing on February 1, 2016, Consultant shall receive monthly compensation: A. Twenty Nine Thousand Six Hundred Twenty Two Dollars and Sixty Seven Cents ($29,622,67 USD) for City building services; and B. Seven Thousand Eight Hundred Twenty Seven Dollars and Eighty Three Cents ($7,827,83 USD) for park restroom services, 4. All other terms and provisions of the Agreement and all amendments, shall remain in full force and effect, ' See Scope of Work hereto attached and incorporated herein as Exhibit `A'. See Fee Schedule, hereto attached and incorporated herein as Exhibit `B'. C:I'.I'Y OF C C),� �I'A HB -')I]- Item 16. - 60 M IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to the Agreement to be executed by and through their respective authorized officers, and shall be in full effect as of the date first written above. CONSULTA Si 11 ur None Ad Title REDACTED Taxpayer ID Number = of the City of Costa Mesa • ' � _ i' •_ _ !j 201, REDACTED r Date: G ' ' 1 , Date: 2' 2. /�' Date: ° �11 , 1 (11 Date: / - ZL Date: T'IttS'l 1\-Tt.ai7�r�fila�l_t. I CTTY01"'Ci}`ETA MIrS�-1i1?7?C�,1In"[�:I i3t.:Ii..h31ti{� 4i!�C��it��,- ItiC=t�. Item 16. - 61 1- B _312_ APPROVED AS TO INSURANCE: Date: 2 1 1 7,t>t�o Risk Management APPROVED AS TO CONTENT: REDACTED Date: Project Manager' [End.] I CTFY OF COFM HB -3 1')- Item 16. - 62 EXHIBIT `A' 6*1010»o];ANT *7;7:1 Item 16. - 63 HB 14_ COMMUNICATIONS CENTER: (Total 7,960 sq. ft.) SERVICE SCHEDULE: Sunday — Saturday. This is a 24 hr. per day operation. Description: Receptionist Area, All Office work space, Break Room, Men's and Women's Restroom — Locker Rooms, 911 Area, Conference Room, Shop Office Area and restroom. Excluding: Vehicle Repair Bay and Mezzanine Storage, Equipment Server Room, Shop Storage, Screen Storage, Telephone Room, Electrical (2,530 sq. ft.) Daily Activities Empty waste baskets and carry trash to pick area. Replace liners if torn or soiled, cleanup soiled areas resulting from leaking liners. Spot clean interior & exterior entranceway door glass, push plates and handles. Clean both sides of partition glass using an approved window cleaner. Vacuum carpeted floor traffic lanes, workspaces and all accessible areas, spot and edge clean as needed, Completely clean, disinfect restroom, fixtures and bright work, showers, restock dispensers, refill soap as needed. Dust mop hard floors with a chemically (city approved) treated dust mop. Spot mop stains and spills / clean all mop splatter from all vertical surfaces. Dust horizontal top surfaces using a synthetic duster or a treated towel. Spot clean soiled wall and fixtures. Clean conference room tables; arrange chairs neatly around table and room perimeter. Clean dry erase boards. Clean exterior & interior of microwave and disinfect counters and sinks in break room. Clean and polish drinking fountains. Weekly Activities Dust low areas up to six foot in height. Damp mop all hard surface floors / clean mop splatter on walls. Use shampoo system to remove large soil spots and dry. Disinfect all door handles. Spot clean around all wall switch plates, doors, door frames and counters. Wipe down vinyl and leather furniture. Clean accessible baseboards. Surface clean carpets as needed. Monthly Activities Vacuum upholstered seating, ceiling vents, deflectors. Detail vacuum corners & edges. Dust all vertical and horizontal blinds, ledges and window sills over six feet. Machine scrub hard surface floor and apply finish. Clean accessible baseboards. Quarterly Activities Clean carpet and hot water extract, using a high-pressure extraction. Semi -Annual Activities Machine strip hard surface floors / clean grout in floor tile and reapply floor finish. 5 1413 15- Item 16. - 64 COSTA MESA BALEARIC COMMUNITY CENTER: (Total 7,680 sq. ft.) SERVICE SCHEDULE: Monday —Thursday (after 10:00 p.m.) Friday & Saturday (after 11:00 p.m.) Description: Office Areas: All office work space, ECP1 & ECP2, ECP Office, ECP Kitchen, All Interior Restrooms, Exterior Restrooms, Sierra & Adobe Room and Staff Room areas, Men's and Women's restroom. LOCK FACILITY, EXTERIOR RESTROOMS AND ACTIVIATE SECURITY SYSTEM Excluding: Heater room, Custodial Closet, Toy Storage, Storage Rooms, and 2 ECP Storage Rooms (436 sq. ft.) Daily Empty waste baskets and carry trash to pick up area. Replace liners if torn or soiled, cleanup soiled areas resulting from leaking liners. Spot clean interior & exterior entranceway door glass, push plates and handles. Clean both sides of partition glass using an approved window cleaner. Vacuum carpeted floor traffic lanes, workspaces and all accessible areas, spot and edge as needed. Completely clean & disinfect restrooms, fixtures and bright work; restock dispensers; refill soap as needed. Dust mop hard floors with a chemically (city approved) treated dust mop. Spot mop stains and spills / clean all mop splatter from all vertical surfaces. Dust all horizontal top surfaces using a synthetic duster or a treated dusting towel, Spot clean soiled walls and fixtures. Clean conference room tables and dry erase boards. Clean exterior & interior of microwave; damp wipe counters and sinks in break room. Clean and polish drinking fountains. Weekly Activities Dust low areas up to six foot in height, Damp mop all hard surface floors / clean mop splatter on walls. Use shampoo system to remove large soil spots and dry. Disinfect all door handles. Spot clean around wall switch plates, doors, doorframes and counters. Wipe down vinyl and leather furniture. Surface clean carpets as needed. Monthly Activities Vacuum upholstered seating and replace furniture in its designated location. Dust all vertical and horizontal blinds; dust ledges and window sills over six feet. Vacuum ceiling vents & air deflectors. Detail vacuum corners and edges. Machine scrub hard surface floor and apply finish. Quarterly Activities Clean carpet and hot water extract, using a high-pressure extraction system. Semi -Annual Activities Machine strip hard surface floors; clean grout in floor tile; reapply approved floor finish. 6 Item 16. - 65 HB 16- COSTA MESA POLICE WESTSIDE SUBSTATION: (8,966 total sq. ft.) SERVICE SCHEDULE: Monday— Friday after 5:00 p.m. Description: All work spaces within General Facility: including Park Ranger Area, Police Supervisor Office, Police Group Work Area, Lobby, Code Enforcement Room, Homeless Outreach Office, Men's and Women's Restrooms **LOCK FACILITYAND ACTIVATE SECURITYSYSTEM Excluding all secured areas 7,696 sq. ft. Daily Activities Empty waste baskets and carry trash to pick area. Replace liners if torn or soiled, cleanup soiled areas resulting from leaking liners. Clean both sides of partition glass using an approved window cleaner. Vacuum carpeted floor traffic lanes, workspaces and all accessible areas, spot and edge as needed. Completely clean, disinfect restroom, fixtures and bright work, restock dispensers, refill soap as needed. Dust mop hard floors with a chemically (city approved) treated dust mop, Spot mop stains and spills / clean all mop splatter from all vertical surfaces, Dust railings, ledges and spot clean. Dust horizontal top surfaces using a synthetic duster or a treated towel. Spot clean soiled wall and fixture marks. Clean conference room tables, Clean dry erase boards. Clean exterior and interior of microwave and disinfect counters and sinks in break room. Clean and polish drinking fountains, Dust low areas up to six foot in height. Damp mop all hard surface floors / clean mop splatter on walls. Use shampoo system to remove large soil spots and dry, Disinfect all door handles. Spot clean around all wall switch plates, doors, door frames and counters, Wipe down vinyl and leather furniture. Clean accessible baseboards. Surface clean carpets as needed. Monthly Activities Vacuum upholstered seating. Dust all vertical and horizontal blinds. Dust ledges and window sills over six feet. Vacuum ceiling vents and air deflectors. Machine scrub hard surface floor and apply finish. Detail vacuum corners and edges. Clean accessible baseboards. Quarterly Activities Clean carpet and hot water extract, using a high-pressure extraction. 7 HB _317_ Item 16. - 66 wall INA FEE SCHEDULE Item 16. - 67 HB-318- AMENDED FEE SCHEDULE FOR JANITORIAL SERVICES Merchants Building Maintenance Monthly and Annual Fee Schedule (Page 1 of 2) Balearic Community Center Communications Center Corporation Yard (Old) Corporation Yard (New) City Hall Downtown Recreation Center Neighborhood Community Center Police Facility Police Substation Senior Center Fire Station #1 through #6 1975 Balearic Drive 79 Fair Drive 2300 Placentia Avenue 2310 Placentia Avenue 77 Fair Drive 1860 Anaheim Avenue 1845 Park Avenue 99 Fair Drive 567 W. 18th Street 695 W. 19th Street SUBTOTAL $ 563.53 $ 6,762.36 $ 563,53 $ 6,762.36 $ 7,422.33 $ 89,067.96 $ 3,723.68 $ 44,684.16 $ 2,126.04 $ 25,512,48 $ 7,700.64 $ 92,407,68 $ 3,952.00 $ 471424,00 Various $ - TOTAL $ 29,622.67 $ 3,147.50 HB -319- i Item 16. - 68 AMENDED FEE SCHEDULE FOR JANITORIAL SERVICES Merchants Building Maintenance Monthly and Annual Fee Schedule (Page 2 of 2) Balearic Community Center 1975 Balearic Drive $ 473.63 $ 5,683.56 Del Mesa Park 2080 Manistee Drive $ 47163 $ 5,683.56 Estancia Part( 1900 Adams Avenue $ 473.63 $ 5,683.56 Fairview Park 2525 Placentia Avenue $ 493.88 $ 5,926.56 Heller Park 257 E. 16th Street $ 473.63 $ 5,683.56 Jack Hammett Sports Complex 2750 Fairview Road $ 493.88 $ 5,926.56 Lions Park - Davis Field 570 W. 18th Street $ 473.63 $ 5,683.56 Lions Park 570 W. 18th Street $ 473.63 $ 5,683.56 Shiffer Park 3400 Bear Street $ 473.63 $ 5,583.56 Smallwood Park 1646 Corsica Place $ 473.63 $ 5,683.56 Tewinkle #1- Angels Playground 885 Junipero Road $ 493.88 $ 5,926,56 Tewinkle #2 - Middle Restroom 970 Arlington Drive $ 189.00 $ 2,268,00 Tewinkle #3 - Skate Park 900 Arlington Drive $ 473.63 $ 5,68356 Tewinkle #4 - Sports Complex 980 Arlington Drive $ 473.63 $ 5,683.56 Vista Part( 1200 Victoria Street $ 473.63 $ 5,683.56 Wakeham Park 3400 Smalley Road $ 473.63 $ 5,683.56 Wilson Park 360 W. Wilson Street $ 473.63 $ 5,683.56 TOTAL $ 7,827.83 $ 93,933.96 COMBINED TOTAL $ 37,450.50 `re Item 16. - 69 HB -320- 1 I ATTACHMENT #3 REQUEST FOR PROPOSAL FOR JANITORIAL SERVICES CITYWIDE RFP No. 1167 rm "a-Wa:o*_ __ _IMF M._ Public Services Department Maintenance CITY OF COSTA MESA Released on April 22, 2014 The referenced document has been modified as per the attached Amendment No. 1 Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Kimberly Wilson, email Kimberly. Wilson cr,Costamesaca.gov uR _2,),_ Ttem 16_ - 71 2 3. SCOPE OF WORK CONTRACTOR'S RESPONSIBILITY C. Employee List The Contractor shall provide to the City's Facility Maintenance Supervisor or designee an accurate list of all personnel who have any relationship to work performed within the scope of this contract, prior to the employee starting work. List data shall indicate personnel by building(s) in which they are assigned to work, and must inelude full names, aliases, heme addFesses, heme telephone number-s, copies of dfivei-s lieefises, and seeial seeur-ity earas. Changes to the list shall be reported, in writing, to the City's Facility Maintenance Supervisor within one working day. Employees terminated by the Contractor shall be reported the same day to the City's Facility Maintenance Supervisor, unless it is after hours, then the next business morning shall be acceptable. APPENDIX D PRICING PROPOSAL FORM JANITORIAL MAINTENANCE PRICING SUMMARY Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in section 3 Scope of Work. Also provide your firm's proposed Staffing Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles -Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.) tem 16_ - 71 Hp -I)?- MONTHLY MONTHLY BUILDING ADDRESS LABOR COST ANNUAL COST HRS. Balearic 1975 Community Balearic $ $ Center Dr. Communications 79 Fair Center Drive $ $ Corporation Yard 2300 (Old) Placentia Fleet & Street Avenue $ $ Of Corporation Yard 2310 (New) Placentia $ Bldg A Avenue City Hall 77 Fair Dr. Downtown 1860 Recreation Center Anaheim $ $ Avenue Neighborhood 1845 Park Community Ave. $ $ Center Police Facility 99 Fair Drive $ $ Police Substation 567 W. 18th St. $ S Senior Center 695 W. 19th St $ $ SUB TOTAL: $ $ $ BUILDING ADDRESS LABOR MONTHLY ANNUAL COST HRS. COST Fire Stations # 1-6 VARIOUS $ COMBINED TOTAL $ $ $ HB -323- Item 16. - 72 2 Total Estimated Annual Price *Potential Affordable Care Act (ACA)Credit Total Estimated Annual Price w/ACA Credit $ *All prospective proposers should factor these increases into their respective proposals and stipulate a proposed Affordable Healthcare Act" credit, should the Act not pass. APPENDIA G JOB SPECIFICATIONS (PAGES 99-100) COSTA MESA Fire Stations #1-6: Entire Facility, (20,127 sq. ft.) SERVICE SCHEDULE: ANNUAL DEEP CLEAN Description: Living areas of each Fire Station. Excluding: Garage area of the fire stations Annual Activities Clean/scrub all shower doors and shower tile Scrub tile floors and seal grout Vacuum and shampoo carpets Shampoo upholstered chairs Clean and wipe all walls/ceilings including removing of spider webs Thorough dusting of all furniture, lockers, and ventilation registers Wash and wipe clean all windows/window sills (inside and out) Fire Station # 1 2803 Royal Palm Drive Costa Mesa, CA, 92626 Living space is approximately 3,750 sq.ft. Fire Station # 2 rPm 16 - 71 UP _'�')A 5 800 Baker Street Costa Mesa, CA, 92626 Living space is approximately 3,332 sq.ft. Fire Station # 3 1865 Parka Avenue Costa Mesa, VCA, 92627 Living space is approximately 3,358 sq.ft. Fire Station # 4 2300 Placentia Avenue Costa Mesa, CA, 92627 Living space is approximately 3,150 sq.ft. & Training classroom is approximately 1,456 sq.ft. Fire Station # 5 2450 Vanguard Way Costa Mesa, CA, 92626 Living space is approximately 4,305 sq.ft. Fire Station # 6 3350 Sakioka Drive Costa Mesa, CA, 92626 Living space is approximately 4,342 sq.ft. Total Labor Hours Total Monthly Annual Cost for Fire Station #1-6 $ Second Floor Carpet Cleaning Specifications NOTE: These specifications should be added to the section labeled "CITY HALL Area: Second Floor" in Appendix G, Attachment 4, Job Specifications and the cost to do this work shall be included with the other work required for this area. Work may be performed between 5:OOPM and 6:OOAM Monday through Thursday nights, or between 5:OOPM Friday through 6:OOAM Monday morning. Step 1: Vendor shall first thoroughly vacuum the entire carpet to extract loose dirt with a commercial quality vacuum containing a revolving brush. Step 2: Vendor shall pre-clean/spray City approved "high traffic area carpet cleaner" from a hand held tank type pressure sprayer to all hallway traffic areas from the lobby and entries into back office areas and individual office. Vendor shall pre-clean/soak/spot clean all noticeable carpet spots before commencing steam extraction cleaning. KB -325- Item 16. - 74 6 Note: Hot warm steam extraction shall commence within 10 minutes of applying "high traffic area carpet cleaner. " Step 3: Vendor shall use a hot warm (minimum 110 degrees water temperature) extraction cleaning process with City approved chemical cleaner mixed to manufacture's specifications. A mop sink with warm water faucet is accessible in the second floor janitor's closet, for water supply and extraction disposal. Step 4: Vendor shall perform at least two hot water/cleaner extraction passes over all exposed "blue" carpet areas, not including under furniture or file cabinets where the extraction wand cannot access. Fixed furniture does not need to be moved by the vendor, but all office chairs shall be moved as needed to clean all exposed carpet.. Step 5: No later than 30 minutes after the second hot water/cleaner extraction pass over the carpet, vendor shall use clean hot water, free of chemical cleaners, minimum 110 degree temperature, and again pass over all carpet areas to extract residual chemical cleaners, dirt, etc. The total minimum number of extraction passes shall be three, or more as needed to remove heavy soil. Step 6: Vendor shall re -inspect all carpet areas for excessive water/moisture that will not dry to the touch within 12 hours. For those carpet areas excessively wet and will not dry within 12 hours, vendor shall use a wet/dry vacuum to extract as much water as possible from the carpet. Step 7: A minimum of one carpet level drying fan shall be placed in each hallway off the main lobby and turned on the high speed when vendor leaves the building. All office doors shall be left open and fans will be turned off by City personnel. All other provisions of the invitation of this proposal shall remain in their entirety. Vendors hereby acknowledge receipt and understanding of the above Amendment. Complete and submit this Amendment with your proposal. Signature Date Company Name Typed Name and Title Address tem 1 6_ - 75 uR _��h_ City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk January 9, 2018 Merchants Building Maintenance, LLC Attn: George Rodriguez, Branch Mgr. 1639 E. Edinger Ave., Bldg. C Santa Ana, CA 92705 Dear Mr. Rodriguez: Enclosed is a copy of the fully executed "Service Agreement Between The City of Huntington Beach and Merchants Building Maintenance, LLC For Janitorial Services." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand