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HomeMy WebLinkAboutSpectrum Facility Maintenance - 2021-07-01 SERVICE AGREEMENT 13E"rWEEN THE CITY OF HUNTINGTON 13EACH AND SPECTRUM FACILITY MAINTENANCE FOR BEACH RESTROON1 JANITORIAL SERYICES 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 Spectrum Facility Maintenance, a Certified Minority Business through the Southern California Minority Business Development Counsel, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of beach restroom cleaning, special event / heavy visitor restroom cleaning, and as needed pressure washer cleaning services. B. Contractor represents that Contractor is able and willing to provide such services to the City. i 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, TFIEREFORE, it is agreed by City and Contractor as follows: 1. Scone 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/Service." Contractor hereby designates Mario Costa 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. l 21-9699/25,1611 3. Compensation a. City agrees to pay, and Contractor agrees to accept as, total payment for its services, the hourly, daily, monthly, special event/ heavy visitor, and as needed restroom cleaning rates and charges identified in Exhibit "A." The total sum to be expended under this Agreement, shall not exceed $854,723.85 during the term of this Agreement with an annual total sum expended not to exceed $294,907.95. 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. 4. Term Time is of the essence regarding the Project/Service and execution of this Agreement. The services of Contractor are to commence July I, 2021 or as soon as practicable alter the execution of this Agreement by City (the "Commencement Date") and terminate June 30, 2024, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for two (2) additional one year periods if mutually agreed to in writing by both parties. All tasks specified in Exhibit "A" shall be completed at the frequency, time and schedule indicated in Exhibit "A". 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 Dale 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, data 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. 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, 2 21-9699254611 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 f'or whose acts 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 employers 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 ProjccdService. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their dirties, against any and all claims arising out 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 (SI,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 Projcct/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. 3 21-9699/2546II 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 andlor 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 other 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. The 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 hercinabove required. 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 oNvn cost and expense, and be responsible for any and all payment of all taxes, social securit}�, 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. 4 2 1-969912 54 6 1 1 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 to 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. Gxclusivity 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 terns 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 terns and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or made by any party, or anyone acting on behalf of any agreements, orally or otherwise, have been party, which are not embodied herein. 16. Assipnment Inasmuch as 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 reeular 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 I hereinabove) or to City as the 5 21-9699/254611 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 mail-return receipt requested: 'fo City: To Contractor: City of Huntington Beach Spectrum Facility Maintenance Aun: Denny Bacon, Operations Manager Mario Costa; Owner 2000 ivlain Street 1326 Border Avenue Huntington Beach, CA 92643 Torrance. CA 90501 19. Consent When Citv's consenUapproval 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. tModification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section pleadings 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. 6 21-9699l25461 1 23. Duplicate Original 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 Hunt bigion Reach City Charier Section 309, the City Attorney is the exclusive legal counsel for City; 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 governed 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 tine venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 7 2 t-969905461 1 29. Professional Licenses Contractor shall, throughout 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 time 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 their inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attornev'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 attorneys fees. such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprevailing 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. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. SiLinatories 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) "file 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. 'file 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 ally 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. 8 21-9699/254611 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 City Manager. This Agreement shall expire when terminated as provided herein. CONTRACTOR: SPECTRUM FACILITY MAINTENANCE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of �\ California By. m fNIT1ATED AND AP Mario Costa Owner - print nae 1'fS: (circle one)ChairmadPresident/Vice President AND I tor of u is Works By: APPROVED AS TO FORM: m print nae V V�.`,�. ITS: (circle one)Secretary/vice-President/Chief lZC City Attorney Financial Officer/Asst.Secretary-Treasurer gn7: City Manager RECEIVED: q ,��� �� 4ql4v 'mac/"`�N�1/�7frK� City Clerk bP/4ULZ4 9 21.96991254611 EXHIBIT A Attachments 1, Spectrum Facility klaintenance, Request for Quote, Beach Restroom Janitorial Services, 2021: A. Scope of Work (pages 3-7. Contractor/Spectrum RFQ) 13. Fee proposal (page 1 I, Contractor/Spectrum RFQ) 2. Cite of Huntington Beach, Request for Quote, Beach Restroom Janitorial Services, Public Works. City of Huntington Beach, 2021. 10 21-9699/254611 Prepared for Public Works Department CITY OF HUNTINGTON BEACH SIDEWALK POWER WASHING AND PORTER SERVICE Spectrum Facility Maintenance I Executive Summary/Company Overview 11 t Quality Commercial Cleaning Inc., DBA: Spectrum Facility Maintenance is a Certified Minority Business through the Southern California Minority Business Development Counsel. It is a company established with team members having over 3S years combined experience in the industry. Our focus is to serve our client's needs in the most efficient way possible while providing the highest quality available. Spectrum Facility Maintenance provides you with the most up to date equipment and cleaning supplies utilized to create an extremely clean and pleasant environment for our clients and their investment. Spectrum Facility Maintenance and its owner have been in the facilities service business for 34 years, sales were $3,100,000 for 2018 and 2019 we exceeded $4,000,000. Sales and customer service professionals with Spectrum Facility Maintenance will design a customized cleaning program for City of HB. Our productivity time is second to none; we can provide professional and sanitary results at a cost that will be significantly less than our closest competitor. We confirm that Spectrum Facility Maintenance meets&exceeds the minimum requirements of proposers for this r RFP process as described in the RFP document. Within our response we provide you with a list of our janitorial service contracts and can confirm we have never failed to complete a contract once agreed upon. Spectrum Facility Maintenance currently holds 3 contractor licenses: D-38 and C-33 Contractor Licenses and is a Certified Minority Business. Spectrum's main goal is to add value for our customers by increasing productivity and reducing cost for our clients. We will continue to implement any new janitorial technology that will create a more enjoyable environment for the community. We stand behind our work & look forward to your favorable review of our proposal, for additional information please contact: Mario Costa, Owner Spectrum Facility Maintenance Ina iG � th r n facillW.tom (310) 930-8647 Please visit our website at: h t '4www. aCctrumfacility.cortt Prepared for Public Works Department I CrtY OF HUNTINGTON BEACH i SIDEWALK POWER WASHING AND PORTER SERVICE 5•I!atuunt Ftleillty M:iiliteRBnrP I Understanding of the Project I have been a vendor of the City of Huntington beach for 15+ years & have lived in HB for 58 years. As a result, I take extra pride in our city & am proud to be a vendor for HB. We understand the dynamics of Huntington Beach, how it works and what the city & our visitors expect when it comes to cleaning and maintenance. Spectrum Facility Maintenance currently service the contract for Terry Tintle, City of Huntington Beach. We manage restroom cleaning services along the beach & do the trash pickup in the summer months. f Additionally, we steam clean and seal pavers at the Pier Plaza annually. We also provide Graffiti Removal service working with/for Kevin Dupras. We have a system and schedule in place. Our supervisors have 10+ years working this contract seamlessly. We understand our public & people coming to visit HB, we are i professional and never confrontational with anyone. When & if we have a situation, we call the police to 1 support & always follow up with our contacts in such situations. For steam cleaning we have a C61-D38 California State Contractors License. We have multiple crews that can attack any steam cleaning needs simultaneously on.the same day Because we are local any 911 issues, we can respond within 1 hour of the call. We have a warehouse to store equipment in Huntington Beach. We have j recycling recovery systems to recycle the water while steam cleaning as not to have waste go into the drain system. We pay special attention to Safety. We hold weekly Safety meetings with our employees and these meetings are documented. During these meetings, we cover Safety training while onsite in HB to include but not limited to COVID (wearing proper PPE's), proper use of cones, wet floor signs and caution tape, driving, etc. I At the start of a new contract, we recommend weekly job walks with the customer, moving forward we suggest once a month. We will communicate constantly be email and phone to make sure everything is going right or to recommend if any changes need to be made. Our understanding of the city is excellent and unmatched by our competitors Prepared for Public Works Departillent CITY OF HUNTING I ON BEACH SIDEWALK POWER WASHING AND PORTER SERVICE Spectrum Facility As specialists in Exterior Maintenance and General Cleaning Services, we pride ourselves in providing clients with professional service, guaranteed quality, and the highest level of efficiency. Our methods to have more productivity at the same rate or less are determined by our ability to maintain a company-wide Lean Concept. Our philosophy emphasizes customer satisfaction, which we achieve by offering services designed specifically to meet each of our clients' unique requirements and by utilizing our team member's specialized experience to manage costs. Meeting our clients' needs will be the driving force behind Spectrum Facility Maintenance growth and longevity. Workflow: i) Depending on a normal day or special event in HB we can run one to four crews for more)working simultaneously to complete scheduled or special event services. 2) Online Work Order System to help maintain,create, and schedule work orders/preventative maintenance programs. 3) Quality assurance of all work performed by our team members for proper custodial responsibilities. 4) Highest level of security background checks of all team members employed by Spectrum Facility Maintenance. 5) Spectrum consists of several service departments.The separation of departments helps our organization better concentrate more effectively in Quality Assurance. Prepared for Public Works Department 1 CITY Of HUNTING rON ©EACH e SIDEWALK POWER WASHING AND PORTER SERVICE tiltcrUilm t;Ivillly M;llniv;I'lnl:e Methodology When we respond to RFP's the idea is to provide a response, suggestions and to follow a plan to deliver value to our customers. With a dedicated supervisor in place, he/she delegates and oversees the crews & reviews the tasks to be completed each day. We will implement monthly schedules allowing us to stay on task. We use phones for pictures and communication. Crew members take pictures during the day (before and after) to show a task has been completed. Pictures help for completion of work and or any incidents that might occur. In the office, we have a fulltime customer service employee that receives the photos from the field and sends them to our customer at least once a week for constant communication. Our supervisor is on site checking the work and communicating with the customer as well. As we already do work for the City of Huntington Beach, we have a supervisor in place that we can also use for any types of emergencies. This means 24/7 we will be able to take care of any situation within a two-hour time frame. Once a month our Customer Service rep calls our customers making sure everything is going smoothly. Our employees will always be in uniform and safety vest. We strive in SAFETY and weekly we have our supervisor conduct safety tailgate meetings which are always documented. In these meetings we discuss safety, service done well & where we can improve as we move into the new week. Please note, safety is key to our customers. residents of FIB & Spectrum employees. below are topics discussed but not limited to at every tailgate meeting: • Tailgate meetings at documented • Be aware of pedestrians • PPE'S • Safety Cones • Signage (Wet Floor) • Caution Tape • How's My Driving • Proper Lifting Technique • Sign in Sheets/documenting our work (example: J. Smith cleaned restroom l at 2:30pm) Prepared for Public Works Department CITY OF HUNTINGTON BEACH SIDEWALK POWER WASHING AND PORTER SERVICE Mario Costa please see executive summary for experience. Mario has supported services for HB for over 15 years, long term vendor/partner of HB Surf City. Toby Costa supervises Spectrum customers to include Laguna Beach, Newport Beach & Huntington Beach. Toby is great with customer service, reporting and communication skills. He has been with Spectrum the last two years and understands beach city requirements. I Oscar Santos brings +20 years expertise in the facility maintenance industry & has supported HB for 16 of I - those years. Oscar is detail oriented, great with clients, the public and his staff. He motivates and trains employees to do work the right way and safety is always key. Oscar is bilingual and has good customer service and communication qualities Junior Hernandez is bilingual & has +10 years' experience with steaming service & has supported the beach communities his entire career with Spectrum. Junior is professional & dedicated. His strengths are steam cleaning &getting the job done right, the first time along with managing crews & reporting. Elizabeth Hernandez & our office staff will support personnel, payroll, scheduling, customer service, uniform compliance, etc. All contacts will have a backup (TED). Each of our employees brings a dedication to customer service that is firmly related to their respective supervisors and field personnel. _.77. REQUEST FOR QUOTE FOR Basch Rest room IaN[orlal Sarvlcns& Day Pnrtar for Main UI IVC: I In nn❑ncc effnlnj I:In�I�{� ,(`, l.n`;enanice Parking rremenane Strucnlre I . I f_Fs I'ro1.)0 a I I Fee Proposal 0 122 Stalls cleaned 3 times per day. Restrooms must be cleaned from 11am- 9pm 7 daysper week including holidays. Monthly rate November 1 - May 31 $115,156 Monthly rate June i - October 31 $151,872 Annual rate$267,028 i, cl As needed services for special events or heavy visitor loads: Hourly rate$24.00 I Daily rate 1$ 84.00 I I I o As needed monthly pressure washing services: Hourly rate $126.00 I � Y REQUEST FOR QUOTE FOR Beach Restroom Janitorial Services Public Works CITY OF HUiVTINGTON BEACH 2021 Beach Restroom Janitorial Services SERVICES RrQUFS'r FOR QUO-I'll, (RFQ) The City of Huntington Beach is requesting proposals from qualified firms to provide custodial cleaning and support services for our city beach restrooms locations. SCHEDULE OF EVEtN'fS This request for proposal will be governed by the following schedule: Release of RFQ Tuesday, February 9, 2021 Mandatory Job Walk Wednesday, February 17, 9am Deadline for Written Questions Friday, February 19 by 4pni Responses to Questions Posted on Web Wednesday, February 24 Proposals are Due Thursday, March 4 by 4ptn Approval of Contract March/April 2021 L. SI'FCITICA'1'IOiNS AND SERVICE I'F.RFORMANCE S"I'ANDrUZDS Restroom cleaning schedule from NOVEMBER I through iYiAY 31: Limited stalls open, front sides of main beach restrooms and half of north side restrooms: Monday -Thursday: Restrooms cleaned twice per day. 1st truck begins at 1 lam and works from Beach Blvd North. 2nd truck begins at 1pm and works from Beach Blvd North, both trucks end at restroom 15 and then go back to Beach Blvd and start the run over. Friday- Sunday: The same as mid week with the following exception. I) I extra truck beginning at I I am that concentrates on the restrooms north of the pier only. Restroot cleaning schedule from JUNE 1 through OCTOBER 31: All stalls open 122) 7 days a week: Contractor, four trucks. 1 st truck begins at 5am on the pier dumping pier and pier plaza trash cans. Then proceeds north on the bike path dumping trash cans on upper path from the pier to Resuoom 15. Leaves restroom 15 and proceeds to Huntington Harbor where it services the restrooms and trash cans at 4 Huntington Harbor beaches and empties the trash cans. This truck ends its day by coming back and spot checking beach restrooms north of the pier if time allows. 2nd truck - works from I Tani - 7pm. Begins at Beach Blvd and works north to Restroom 15. Then starts the cycle over. 3rd truck- works from Ipm - 9pm. Runs the same route and schedule as truck two. 4th truck- works fi-om 1 pm - 9pm. Rums the pier plaza triangle(Beach services center, Pier and %asks Pier Plaza restrooms), north side, and handles any issues that arise. Friday- Sunday: The same as mid-week with the following exception. 1) 1 extra truck beginning at I lam that concentrates on the restrooms north of the pier only. Restroom cleaning procedure: Daily: 1) Scrub and clean toilets, urinals, floors, walls, doors, sinks, partitions, push buttons, and dispensers. Fixtures shall be clean of graffiti and stains. 2) Floors shall not have standing water and shall be squeegeed or swept after washing to remove standing water. A germicidal detergent shall be used for cleaning. Water shall be washed into the chase rooms where applicable not onto the restroom apron or bike path. 3) Pick up light litter/paper from inside and outside the restroom building. 4) Check for proper operation of flush valves and refill paper products. 5) Restroom aprons shall be swept once per day in the afternoon between 3pm and 6pm. 6) Wipe down each drinking fountain (10) 7) Keep chase rooms clean and free of trash and debris. S) Portable restrooms and to be wiped down and swept out with litter picked up. Annual steanrcleaning and scaling of the Pier Plaza pavers. Contractor to use boundaries defined as back of curbing on PCFI to head of pier and front Dukes turn around to the start of the Uh street lot. Contractor must have be able to pressure wash for extreme conditions that may arise during heavy use periods such as weekends and holidays. Paper products and supplies: The contractor shall provide all equipment and supplies, detergents, mops, brooms, brushes, hoses, cleaning products and disinfectants required to perform the duties listed above. All cleani ig products shall be nontoxic, biodegradable and germicidal. Paper products are supplied by the city and stocked in the restroom chases by city staff each night. The quality of all cleaning supplies is subject to approval by the City. General requirements: 1) Employees shall wear uniform furnished by the contractor and bearing the company name at all times while servicing city site. Uniform shall be clean, neat, and free from rips and tears. 2) Contractors vehicles shall be of uniformed fleet type vehicles clearly marked at all times and include a separate sign indicating they are under contract with the City of Huntington Beach. 3) Contractor shall use due care to protect city buildings, fixtures, landscaping and improvements from damage by its operations. All damage shall be repaired or replaced at the option of the City, at the contractor's expense within a reasonable time after the notification of damage. 4) Discharge of detergent and/or wash water to the storm water drainage system from cleaning or hosing impervious surfaces is prohibited. Contractor is responsible to ensure that all cleaning fluids are discharged to the sanitary sewer system. 5) Contractor shall post a sign at the entrance to the restroom indicating the restroom is temporarily closed for cleaning. 6) Contractor shall immediately inform City staff of any problems or damage to the restrooms or facilities they observe. The city reserves the right to add or delete services on an as needed basis, dependent on visitor loads and special event needs. 2. PROCESS FOR SUBMITTING PROPOSALS ♦ References/Qualifications Provide at least three local references that received similar services from your firm. The customers should be receiving services similar in scope. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Project Description ♦ Project start and end dates ♦ Client project manager name, telephone number; and e-mail address ♦ Fee Proposal 0 122 Stalls cleaned 3 times per day. Restrooms must be cleaned from I lam—9pm 7 days per week including holidays. -Monthly rate November I —May 31 ivionthly rate June 1 —October 31 • Annual rate o As needed services for special events or heavy visitor loads: Hourly rate • Daily rate o Annual steam cleaning and sealing of Picr Plant pavers • Annual cost o As needed monthly pressure washing services: Hourly rate ♦ Submission of Proposals Complete written proposals must be submitted electronically in PDF file format via the Plait etbids.com website no later than 4:00 p.m. (RS.T) Thursda{y, March 4, 2021. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. ♦ Inquiries Ouestions abort this RP'O must be directed online through PlanetBids: Questions due by 4pm Friday, February 19, 2021 From the date that this RPQ is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this R.FQ, except during the pre-proposal conference. Refer to the Schedule of Events of this RFQ or the City webpage to determine if a pre-proposal conference has been scheduled. The City reserves the tight to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. Conditions for Proposal Acceptance This RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFQ, to negotiate with any qualified source, or to cancel this RFQ in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal; it should be clearly identified. 3. EVALUATION CRITERIA The City's consultant evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFQ requirements B. Understanding of the project C. References & recent experience in conducting similar scope, complexity, and magnitude for other public agencies. D. Price E. References The City may also contact and evaluate the bidder's and subcontractor's references, contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal; but shall make an award in the best interests of the City. 4. Term • The City of Huntington Beach is requesting service for the period of three (3) years with the option to renew on a year by year basis for a maximum of two (2) additional one year (I-year) periods. After R.FQ's have been reviewed, discussions with prospective Finns may or may not be required. If scheduled, the oral interview will be a questioiVanswer format for the purpose of clarifying the intent of any portions of the quote. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. STANDARD TERMS AND CONDITIONS ♦ Amendments The City reserves the right to amend this RFQ prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & R.fP's; bidders should check this web page daily for new information. e Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City. ♦ Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the Citv to resolve any contractual differences. These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions wi11 be initiated with the second highest scoring firm. See Exhibit 13 for a sannple agreement. ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals. ♦ Financial Information The City is concerned about bidders' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. ♦ Insurance Requirements City Resolution 2003-63 requires that licensees, lessees, and vendors have an approver! Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract; successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Documents Section of PlanetBids. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. Please carefully review the Sample Agreement rind Insurance Requirements before responding to the Request for Quote. The terns of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordituary circunstances exist Your response to the Request for Quote must indicate if you are unwilling or ratable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Quote. QUALCOM-03 VKAMIKt CERTIFICATE OF LIABILITY INSURANCE DATE z 6112120 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ` CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must 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 ondosement s . PRODUCER License#0757776 c EcT Virginia Ramirez HUB International Insurance Services Inc. PHONE Eai 760 360-4700 4262 FAX 75030 Gerald Ford Drive 1�_� I:( ) V �200-6641 1 Suite 201 J- ^J1 qyvirglnla.ramlrez@hubinternational.com Palm Desert,CA 92211 )NSURERpSJ AFFORDING COVERAGE NAICp INSURER A:OIlIO Casually Insurance Company 24074 INSURED INsugE_R_D;Ohlo Security Insurance Colnpanv 24082 Quality Commercial Cleaning,Inc. wsURERC:Amerlcan Fire and Casualty Comps 124066 dba:Spectrum Facility Maintenance 1326 Border Avenue INSURER D: Torranco,CA 90501 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION_NUMBER_: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE. LSTFD RELOWHAVF.BEENISSUED TO THE INSURED NMIEDAHOVF FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO 1 AIICH Tills CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE. INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECITO ALL THE.TF.RIAS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._ visa AUO SUBN POLICY EFF POLICY EXP 1113 TYPE OF INSURANCE yfy POLICY NUMSE0. LIMITS A T::::C:L MMERCIAL GENERAL LIABILITY 1,000,000 EACHOCCURRENCE S-71 xnS.MwG X OCCUR BK058787379 31112021 31112022 oAMAG FTo RENTED 500,000 X 1:,1'JSES CEnxcla wart—_S IAEDEXP(AmorroroTaW)_ s 16,000 PERSONAL 6 AIN UQDRY 5 1,000,000 GENT.AGGREGATE�CT LIMIT APPLIES PER _GEN_ERALAGGREG_ATE_ _$ 2,000,000 X MACY I JE u I.W PRODUCTS-COMP,VP AGG 5 2,000.000 OTHER APPROVED-AS-TO-FORM- B AUTOM.ODILELUMLITY AEOMOLNED 9NGLE LIMIT 1,000,000 X ANY AUTO X 21 31112022 DCOILY INJURY gbrp*±1W } °iilosoavLY AU SouLEo MICHAEL E. GATES eWILY INJURY fPp occFJeR1 } X FFpp�a�FFo X N81n N CITY ATTORNEY ��o IQAAtAGE $ — AUiiQSONLY A T CITY CI P HUNTINGTON 13EAV 4 C X UMBRELLA UAa X OCCUR EACH OCCURRENCE $ 6,000'000 EXCESSUA9 CLAIMSPACE X USA58797379 3TI12021 311/2022 AGGREGATE $ 6,000.000 _ nEn X nETF.IT1 103000� B WORKERS COMPENSATION PER OIII AND EMPLOYERS'LIABILITY X _STATLII�— rr� XW559620465 31112021 31712022 1,000,000 ANY 1ManPdAalGaPryR In ll R,R%ECVINE E L EACH ACCJDE m S OFF MFIIIWqEXCLUDED? 1— NIA E.L.GSEASE-EAEMI } 1,000,000 i1 yyes,dma0o uidor 1,000,000 DE'CRI ION OF OPERATIONS UoImv EL. SEASE-POLICY GIAIT S OESCRIPrION OF UPERATIONSILOCATIONS(VEHICLES/ACORDIULAddllton&IRemarla Schalula,n Ira alNchad U mom&Paco is required) 'Additional Insured Endorsement"pogo listing 6DIh the policy number and namingu o"City of Huntington Beach,Its officers,elected or appointed officials, mnployeas,agents and volunteers"as additional Insured on the endorsomenl.The ondarsemmnt should not be Iimllod to a single location. The City,its officers,elected or appointed officials,employees,agents and volunteers are to be Specifically named and covered as additional Insumds by separate attached endorsements as respects liability arising out of action performed by or on behalf of the contractor,products;and completed operations of the contractor,promises owned,occupied or used by the contractor.... The coverage shall contain no special limitations on the scope of protection afforded to the City,its agents,officers and employees.The endorsement should SEE AITACHEDACORD 101 CERTIFICATE OLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityOf Huntington Beach,Its Officers,elected or appointed THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0 PP ACCORDANCE WITH THE POLICY PROVISIONS. officials,employees,agents and volunteers 2000 Main St Huntington Beach,CA 92646 AUTHORIZED �yREPRESENTATIVE i s/6t`rJdLliiL_ ACORD 26(2016/03) m 1988-2015 ACORD CORPORATION. All rights rosorved. The ACORD name and logo are registered marks of ACORD I AGENCY CUSTOMER ID:0IUALCOM-03 VRAMIREZ LOG 11: 1 A'% R ADDITIONAL REMARKS SCHEDULE Page 1 of 1 nreucr Licens0 f10757776 NAMEDINSURED om HUB Intornatlonal Insurance Services Inc. Quality Carom Facility MaInt,Inc. tlba:Spectrum Facility Maln!'enancc POLICY NeMnER 1926 Border Avenue SEE PAGE 1 Torrance,CA 90501 CARRIER NAIC CORE EE PAGE 1 SEE P 1 EFFECTIVE.DATE:SE PA�h 1 ADDITIONAL REMARKS I THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Cadulcato of Llablllty Insuranco Description of OperationslLocalionsNehicles: Include the p0IICy number It correlates to. " Primary and non-Contributory Worr lr<ig shall apply. 30 clays written notice will be given to the certificate holder should any of the above policies be cancelled be ore a expiration date. 10 days notice applies for non-payment or premium. I i ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights roserved. The ACORD name and logo are registered marks of ACORD i POLICY NUMBER: COMMERCIAL GENERAL LIABILITY { CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizalion(s): I THE CITY OF HUNTINGTON BEACH / SEE GENERAL ENDORSEMENT CG7002 2000 MAIN STREET I HUNTINGTON. BEACH, CA 92646 Location(s) Of Covered Operations City of Huntington Beach pier i 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 B. With respect to the insurance afforded to include as an additional Insured the person(s) these additional Insureds, the following addi- or organization(s) shown in the Schedule, but tional exclusions apply: only with respect to liability for "bodily in- This insurance does not apply to "bodily In- jury", "property damage" or "personal and jury" or" property damage" occurring after: advertising injury" caused, in whole or In 1. All work, including materials, parts or part,by: equipment furnished in connection with 1. Your acts or omissions; or such work, on the project(other than ser- 2. The acts or omissions of those acting on vice, maintenance or repairs) to be per- your behalf;. formed by or on behalf of the additional In the performance of your ongoing oper- insured(s) at the location of the covered ations for the additional Insured(s) at the to- operations has been completed; or cation(s)designated above. 2. That portion of "your work" out of which However: the injury or damage arises has been put 1. The Insurance affordad•to such additional to Its Intended use by any person or or- insured only applies to the extort permit- gani2ation other than another contractor tad re law; and or subcontractor engaged in performing I perations for a principal as a part of the 2. If coverage provided to the additional in- same project. sured is required by a contract or agree- ment, 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. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 i 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 ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 a Insurance Services Office, Inc..., 2012 CG 20 10 04 13 t POLICY NUMBER BKO (22) 58 79 73 79 Policy Period: General Endorsement From 03/01/2021 To 03101/2022 12:01 am Standard Time at insurer!Mailing Location i This Endorsement Changes The Policy. Please Read it Carefully. Full Name of Additional Insured on CG2010 6 CG2037 i to read as follows : THE CITY OF HUNTINGTON BEACH ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS EMPLOYEES, AGENTS AND VOLUNTEERS re report a claim,call your Agent or CO 70 02 01 Of- Page 1012 I I I 1101-ICY NUMBER: COMMERCIAL GENERAL LIABILITY a CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 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 Organizations) THE CITY OF HUNTINGTON BEACH SEE GENERAL ENDORSEMENT CG7002 2000 MAIN STREET HUNTINGTON BEACH, CA 92646 Location And Description Of Completed Operations Sidewalk Steam Cleaning City of Huntington Beach pier, DURATION - 24/7 Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section Il - Who Is An Insured Is amended to B. With respect to the insurance afforded to Include as an additional insured the person(s) these additional insureds, the following is or organization(s) shown in the Schedule, but added to Section III-Limits Of Insurance: only with respect to liability for "bodily in- If coverage provided to the additional insured jury" or "property damage" caused, in whole Is required by a contract or agreement, the or In part, by "your work" at the location des- most we will pay on behalf of the additional Ignated and described in the Schedule of this insured is the amount of insurance: endorsement performed for that additional 1. Required by the contract or agreement; Insured and included In the "products-com- pleted operations hazard". or However: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The Insurance afforded to such additional whichever is less. insured only applies to the extent permit- led by law; and This endorsement shell not increase the ap- t. If coverage provided to the additional in- plicable Limits of Insurance shown in the Dec- sured is required by a contract or agree- ment, 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. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 I POLICY NUMBER BKO (22) 58 79 73 79 r Policy Podod: General Endorsement From 0 310112 0 21 To 03/01/2022 12:01 am Standard Timo at Insured Mailing Location I I To report a claim,call your Agent or CO 70 02 Of 01 Page 2 of 2 i Policy#i: 11KO58797379 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE x o NON-OWNED AIRCRAF'i' 2 0 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 8 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 9 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 u LIBERALIZATION CLAUSE 7 .. BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Q 2013 Liharty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Sorvioes Offico.,Inr..,with its permission. Page 1 of 8 i With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United Slates of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the Insurance afforded by this provision does not apply If there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Llabil- Ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply If such "property damage" results from the use of elevators- For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any properly insurance, whother primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow-ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days; or (II) Contents that you rent or lease as part of a promises rental or lease agreement for a period of more than 7 clays. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted matorial of Insurance Services Office,Inc„vnth its pormission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions Is replaced by the following: Exclusions c. through it. do not apply to damage by fire, lightning, explosion, smoke or leakage j from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. tinder Section III -Limits Of Insurance Is replaced by the following: I 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to: e a. Any one premise: (i) While rented to you; or i (2) While rented to you or temporarily occupied by you with pormission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection Sys- terns; or b. Contents that you rent or lease as part of a premises rental or lease agreement. i 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: >_ 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises o that indemnifios any person or organization for damage by fire, lightning, explosion, smoke, or leakage frorn automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the dale of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: ' d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. n G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused In whole or In part by: a. Your acts or omissions, or the acts or emissions of those acting on your behalf, In the performance of your on going operations far the additional insured that are the subject of the written contract or written agreement provided that the "bodily Injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or O 20131-lborly Mutual Insurance CG 88 10 04 13 Includes copynghled material of Insurance Services Office,Inc.,wilh its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the stab or political subdivision has j issued a permit subject to the following additional provisions (1) This insurance does not apply to "bodily injury", "properly damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This Insurance does not apply to "bodily Injury" or "property damage" Included within the "completed operations hazard". i I (3) Insurance applies to promises you own, rent, or control but only with respect to the following I hazards: I (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hold away openings, sidewalk vaults, street banners, or decorations and similar expo- '1 surest or (b) The construction, erection, or removal of elevators; or j (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: i 1. The insurance afforded to such additional insured only applies to the extent permuted bylaw; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by I the contract or agreement to provide for such additional insured. i With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: I (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 portlon 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. With respect to Paragraph 1.11a. above, a person's or organization's status as an additional Insured under this endorsement ends when their written contract or written agreement with you for such promises or faculties ends. 7 a With respects to Paragraph t.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury' or "property damage". i We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required In Paragraph b. of Condflon 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- lions. ® 20131.11berty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 4 of 8 ' I 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Excluslons under Sectlon I -Coverage A-Bodily Injury And Property Damage Llablllty: i This Insurance does not apply to: a. "Bodily injury" or "properly damage" arising from the sole negligence of the additional insured. b. "Bodily Injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury' or "property damage" occurs. I C. "Bodily injury', 'property damage" or "personal and advertising injury" arising out of the render- Ing of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinlons, ® reports, surveys, field orders, Grange orders or drawings and specifications; or e � (2) Supervisory, inspection, arGlllectural or engineering activities. I This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the "occur- E rence" which caused the "bodily injury" or "property damage", or the offonso which caused the 'personal and advertising Injury", involved the rendering of, or the failure to render, any professional h architectural, engineering or surveying services. m d. "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 11 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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. Will) 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: a. Required by the contract or agreement; or b. 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 Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as fellows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured(s policy has an Other Insurance provision making its policy excess, and you have agreed In a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. 20131.Iherty Mulual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a stale or political I subdivision between you and an additional Insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance Is excess over any other insurance whether primary, excess, contingent or on any niter basis for which Ito additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: I An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a clairn or "suit" under this insurance to us; b. Tender the defense and indemnity of any.claim or "suit" to all insurers whom also have j insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional Insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not In addition to the limits of insurance available, tinder this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while In the course of his or her employ- mont or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence. of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay sorneono else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; of (d) Arising out of his or her providing or failing to provide professional health care services. However. If you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or If coverage for providing professional health care sor- vices Is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the 'employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are Insureds for "bodily injury" or "personal and m 20131-Iborty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of insurance Services Office,Inc.,4th Its permission. Page 6 of 8 advertising Injury" arising out of their willful conducl, which Is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising Injury', or causer) in whole or in part by their Intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3, of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ovmership or majority Interest, will qualify as a Named Insured if there Is no other similar insurance available to that organization. However: O a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily Injury" or "property damage" that occurred before you e acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d, Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint o venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies 0 as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Clain Or Suit: Knowledge of an "occurrence', offense, claim or "suit" by an agent, servant or "employee" of any Insured shall not in itself constitute knowledge of the insured unless an Insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, clairns or 'suits" shall have received such notice from the agent, servant or "employee". n N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical Injury, sick- ness or disease.. © 20131-ibeny Mutual Insuranca CG 88 10 04 13 Inrhuirs copyrighted matorinl of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE I Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodilyinjury" or "property darns e" expected or intended from the standpoint of the insured. I rY' 9 f Fo � This exclusion does not apply to 'bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing In a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment j I I 4 S © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 8 of 8 Policy A: IIAS58797379 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 02 99 DESIGNATED INSURED ENDORSEMENT i The endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM i i With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organizations) who are "insureds' under the WHO IS AN IN- SURED provision, of the Coverage Form. This endorsement does not alter coverage provided in the Cov- erage Form. This endorsement changes the policy effective on the inception dale of the policy unless another date is ! Indicated bolow. Endorsement Effective Policy Number Named Insured Countersigned b (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s) THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTE❑ OR APPOINTED OFFICALS,EMPLOYEES, AGENTS AND VOLUNTEERG (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for LIABILITY COVERAGE, but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 CopyriyM, Insurance Smices Ofrico, Inc., 1998 Page 1 of 1 CONTRACT SUMMARY and ROUTING SLIP SERVICE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND SPECTRUM FACILITY MAINTENANCE FOR BEACH RESTROOM JANITORIAL SERVICES DATE: May 18, 2021 ISSUING DEPTIREQUESTED BY: Public Works STAFF CONTACT: C`Carlina Thomas, Ext. 5692 BUDGETED: Yes, funds are available and budgeted for this purpose in 10085206.64620 VENDOR: SPECTRUM FACILITY MAINTENANCE SERVICES: Beach restroom cleaning and as needed pressure washing services. BASIS OF AWARD: Formal competitive bids per HBMC 3.02.070 (B). CONTRACT AMOUNT: Not to exceed $284,907.95/yr. CONTRACT DURATION: July 1, 2021 —June 30, 2024. NOTES: PLEASE ROUTE TO: City Attorney City Manager City Clerk