MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SUPERIOR PROPERTY SERVICES, INC. FOR
GRAFFITI ABATEMENT SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement")ismade and entered intoas of this1stday of May, 2026 ("EffectiveDate"),by and between the CITY OF NEWPORT BEACH, a Californiamunicipalcorporationand chartercity("City"), and SUPERIOR PROPERTY SERVICES, INC., a Californiacorporation("Contractor"), whose address is 2181 South Dupont Drive, Anaheim, CA 92806, and is made with referenceto the following:
RECITALS
A. Cityisa municipalcorporationdulyorganizedand validlyexistingunder the laws of the State of Californiawiththe power to carryon itsbusiness as itisnow being conducted under the statutes of the State of California and the Charter of City.
B. Citydesiresto engage Contractorto perform maintenance and/or repairservices forCity("Project").
C. Contractorpossesses the skill,experience,ability,background, certificationand knowledge to provide the maintenance and/or repairservices described in this Agreement.
D. Contractorhas examined the locationof allproposed work, carefullyreviewed and evaluated the specificationsset forthby City for the Project,is familiarwith all conditions relevantto the performance of services,and has committed to perform allwork requiredforthe compensation specifiedinthisAgreement.
NOW, THEREFORE, itismutuallyagreed by and between the undersigned parties as follows:
1. TERM
1.1 The term ofthisAgreement shallcommence on the EffectiveDate, and shall terminate on April30, 2029, unless terminated earlieras set forth herein.
1.2 On May 28, 2022, The City and Contractor entered into an agreement (Contract No. C-8839-1) for graffitiabatement services. Upon the execution of this Agreement, the partiesagree to terminate Contract No. C-8839-1 and have services continue through thisAgreement.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligentlyperform allthe services described inthe Scope of Services attached hereto as ExhibitA and incorporatedherein by reference ("Services" or "Work"). As a materialinducement to City enteringinto thisAgreement, Contractor representsand warrantsthatContractorisa providerof firstclass work and Contractor is experiencedinperformingtheWork contemplatedhereinand, in lightof such statusand Attachment A
experience, Contractor covenants that itshallfollow community professional standards with the ordinary degree of skilland care that would be used by other reasonably competent practitionersofthe same disciplineunder similarcircumstances, inperforming the Work required hereunder, and that allmaterialswillbe of good quality.
2.2 Contractor shall perform allWork required to be performed, and shall provideand furnishallthe labor,materials,necessary tools,expendable equipment and allutilityand transportationservicesnecessary forthe Project.
3. TIME OF PERFORMANCE
3.1 Time isofthe essence inthe performance of Services under thisAgreement and Contractor shallperform the Services in accordance with the schedule included in ExhibitA. In the absence of a specificschedule, the Services shall be performed to completion ina diligentand timelymanner. The failureby Contractorto strictlyadhere to the schedule set forthin ExhibitA, ifany, or perform the Services ina diligentand timely manner may resultinterminationof thisAgreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor'sreasonable control. However, in the case of any such delay inthe Services to be provided forthe Project,each party hereby agrees to provide noticewithintwo (2)calendar days of the occurrence causing the delay to the other partyso thatalldelays can be addressed.
3.3 Contractor shallsubmit allrequests forextensions of time for performance in writingto the ProjectAdministratoras deifned herein,not laterthan two (2)calendar days afterthe startof the condition that purportedly causes a delay. The Project Administratorshallreview allsuch requests and may grant reasonable time extensions forunforeseeable delays thatare beyond Contractor'scontrol.
3.4 For alltime periods not specificallysetforthherein,Contractorshallrespond in the most expedient and appropriate manner under the circumstances, by fax, hand- deliveryor mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shallpay Contractor for the Services on a time and expense not-to- exceed basis inaccordance with the provisionsof thisSection and the Schedule of Billing Rates attached hereto as ExhibitB and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the priorwrittenapproval of City. Contractor'scompensation for all Services performed inaccordance with thisAgreement, includingallreimbursable items, shall not exceed Seven Hundred Seventy-Five Thousand Dollars and 001100 ($775,000.00),withoutpriorwrittenamendment tothe Agreement.
4.2 Upon the firstanniversary of the EffectiveDate and upon each anniversary of the EffectiveDate thereafter,the billingrates set forthinExhibitB ("BillingRates") may be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forthbelow. Such adjustment shallbe made by multiplyingthe BillingRates in ExhibitB by a fraction,the numeratorof which is the value of the Superior Property Services, Inc. Page 2
Consumer PriceIndex forthe calendarmonth three(3)months preceding the calendar month forwhich such adjustment isto be made, and the denominator of which isthe value of the Consumer Price Index for the same calendar month immediately priorto Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)",forthe Los Angeles- Riverside-OrangeCounty MetropolitanArea, publishedby the United States Department of Labor, Bureau of Labor Statistics.Ifboth an officialindex and one or more unofficial indicesare published,the officialindex shallbe used. Ifsaid Consumer Price Index is no longer published at the adjustment date, itshallbe constructed by conversion tables included in such new index. In no event, however, shallthe amount payable under this Agreement be reduced below the BillingRates in effectimmediately preceding such adjustment. The maximum adjustment increase to the BillingRates, forany year where an adjustmentismade pursuantto thisSection,shallnot exceed the Consumer Price Index or 2.0% of the BillingRates in effectimmediatelypreceding such adjustment, whichever isless. ContractorshallnotifyCityinwritingof any requests foradjustment pursuant to thisSection at leastthirty(30) days prior to the Effective Date of such adjustment,and provideupdated billingrates.Adjusted billingratesshallbe approved in writingby Citypriorto use.
4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's billsshall include the name and/or classificationof employee who performed the Work, a briefdescriptionof the Services performed and/or the specifictask inthe Scope of Services to which itrelates,the date the Serviceswere performed,the number of hours spent on allWork billedon an hourly basis,and a descriptionof any reimbursableexpenditures.City shallpay Contractor no laterthan thirty(30)calendardays afterapprovalof the monthly invoiceby Citystaff.
4.4 Cityshallreimburse Contractoronlyforthose costs or expenses specifically identifiedinExhibitB tothisAgreement, or speciifcallyapproved inwritinginadvance by City.
4.5 Contractor shallnot receive any compensation for Extra Work performed withoutthe priorwrittenauthorizationof City. As used herein,"ExtraWork" means any Work thatisdetermined by Cityto be necessary forthe proper completion of the Project, but which is not included withinthe Scope of Services and which the partiesdid not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation forany authorizedExtra Work shallbe paid inaccordance with ExhibitB.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project.This ProjectManager shallbe availableto City at allreasonable timesduringtheAgreement term. Contractorhas designatedNancy Hernandez to be its ProjectManager. Contractor shallnot remove or reassign the Project Manager or any personnel listedin ExhibitA or assign any new or replacement personnel to the Project without the priorwritten consent of City. City'sapproval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.
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5.2 Contractor,at the sole discretionof City,shallremove from the Projectany of itspersonnel assigned to the performance of Services upon writtenrequest of City.
Contractorwarrants thatitwillcontinuouslyfurnishthe necessary personnel to complete the Projecton a timelybasisas contemplated by thisAgreement.
6. ADMINISTRATION
This Agreement willbe administered by the UtilitiesDepartment. City'sUtilities Manager or designee shallbe the ProjectAdministratorand shallhave the authorityto act for City under thisAgreement. The ProjectAdministratorshallrepresent City in all matters pertainingto the Services to be rendered pursuant to thisAgreement.
7. CITY'S RESPONSIBILITIES
To assistContractorinthe executionof itsresponsibilitiesunder thisAgreement, Cityagreestoprovideaccesstoand upon requestofContractor,one copy of allexisting relevantinformationon fileat City.Citywillprovideallsuch materialsina timelymanner so as not to cause delays inContractor'sWork schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shalluse only the standard materialsdescribed in ExhibitA in performing Services under thisAgreement. Any deviationfrom the materials described in Exhibit A shall not be installed or utilized unless approved in advance and inwritingby the ProjectAdministrator.
8.2 Allof the Services shallbe performed by Contractoror under Contractor's supervision. Contractor represents that itpossesses the personnel required to perform the Services requiredby thisAgreement, and thatitwillperform allServices in a manner commensurate with community professionalstandards and with the ordinary degree of skilland care thatwould be used by otherreasonably competent practitionersofthe same disciplineunder similarcircumstances. AllServices shallbe performed by qualifiedand experienced personnel who are not employed by City. By deliveryof completed Work, Contractor certifies that the Work conforms to the requirements of thisAgreement, all applicablefederal,stateand locallaws and legallyrecognized professionalstandards.
8.3 Contractor represents and warrants to Citythat ithas, shallobtain and shall keep in fullforce and effectduring the term hereof,at itssole cost and expense, all licenses,permits,qualifications,insurance and approvals of whatsoever nature that is legallyrequired of Contractor to practiceitsprofession. Contractor shallmaintain a City of Newport Beach business licenseduring the term of thisAgreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible fordamages or be indefaultor deemed to be in defaultby reason of strikes, lockouts, accidents, acts of God, or the failureof City to furnishtimely informationor to approve or disapprove Contractor'sWork promptly,or delay or faultyperformance by City, contractors,or governmental agencies.
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9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and allofficers,employees and representativesthereof and allpersons and entitiesowning or otherwise in legalcontrolof the property upon which Contractor performs the Projectand/or Services shallnot be responsible in any manner forany loss or damage to any of the materialsor other things used or employed in performing the Project or for injuryto or death of any person as a resultof Contractor's performance of the Services required hereunder; or fordamage to propertyfrom any cause arisingfrom the performance of the Projectand/or Services by Contractor,or itssubcontractors, or its workers, or anyone employed by eitherof them.
9.2 Contractor shall be responsible for any liabilityimposed by law and for injuriesto or death of any person or damage to property resultingfrom defects, obstructions or from any cause arisingfrom Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplierselected by Contractor.
9.3 To the fullestextent permitted by law, Contractor shallindemnify, defend and hold harmless City, its City Council, boards and commissions, officers,agents, volunteers,employees, and any person or entityowning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by thisAgreement (collectively,the "Indemnified Parties")from and against any and all claims (including,without limitation,claims forbodilyinjury,death or damage to property), demands, obligations,damages, actions, causes of action, suits,losses, judgments, fines,penalties,liabilities,costs and expenses (including,without limitation,attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively,"Claims"),which may arisefrom or in any manner relate(directlyor indirectly)to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activitiesconducted on the Project (including the negligent and/or willfulacts, errors and/or omissions of Contractor, itsprincipals,officers,agents, employees, vendors, suppliers,consultants, subcontractors, anyone employed directlyor indirectlyby any of them or forwhose acts they may be liableor any or allof them).
9.4 Notwithstanding the foregoing,nothing herein shallbe construed to require Contractor to indemnify the Indemnified Parties from any Claim arisingfrom the sole negligence or willfulmisconduct ofthe IndemnifiedParties.Nothing inthisindemnityshall be construed as authorizing any award of attorneys'fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policiesare applicable.The policylimitsdo not act as a limitationupon the amount of indemnificationto be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to theiroriginalcondition and former usefulness as soon as possible, and to protect public and privateproperty.
Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or itsagents.
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9.6 To the extent authorizedby law, as much of the money due Contractor under and by virtueofthe Agreement as shallbe considerednecessary by Citymay be retainedby ituntildispositionhas been made of such suitsor claims for damages as aforesaid.
9.7 The rightsand obligationsset forth in this Section shall survive the terminationof thisAgreement.
10. INDEPENDENT CONTRACTOR
Itisunderstood that City retainsContractoron an independent contractor basis and Contractorisnotan agentoremployee ofCity.The manner and means ofconducting the Work are under the controlof Contractor,except to the extentthey are limitedby statute,ruleor regulationand the expressed terms of thisAgreement. No civilservice statusor otherrightof employment shallaccrue to Contractoror itsemployees. Nothing in thisAgreement shallbe deemed to constituteapproval for Contractoror any of Contractor'semployees or agents,to be the agents or employees of City. Contractor shallhave the responsibilityfor and controlover the means of performing the Work, providedthatContractorisincompliance withthe terms of thisAgreement. Anything in thisAgreement thatmay appeartogiveCitytherightto directContractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean onlythatContractorshallfollowthe desiresof Citywith respectto the resultsofthe Services.
11. COOPERATION
Contractoragrees to work closelyand cooperate fullywith City'sdesignated ProjectAdministratorand any otheragencies thatmay have jurisdictionor interestinthe Work to be performed. Cityagrees to cooperate withContractor on the Project.
12. CITY POLICY
Contractorshalldiscuss and review allmatters relatingto policy and Project directionwith City'sProjectAdministratorinadvance of allcriticaldecision pointsinorder toensuretheProjectproceedsina manner consistentwith Citygoals and policies.
13. PROGRESS
Contractor is responsible for keeping the ProjectAdministratorinformed on a regularbasis regardingthe statusand progress of the Project,activitiesperformed and planned, and any meetings thathave been scheduled or are desired.
14. INSURANCE
Without limitingContractor'sindemnificationof City,and priorto commencement ofWork, Contractorshallobtain,provideand maintainat itsown expense duringthe term ofthisAgreement or forother periodsas specifiedinthisAgreement, policiesof insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as ExhibitC, and incorporatedherein by reference.
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15. PREVAILING WAGES
15.1 Pursuant to the applicable provisions of the Labor Code of the State of California,not less than the general prevailingrate of per diem wages includinglegal holidays and overtime Work for each craftor type of workman needed to execute the Work contemplated under the Agreement shallbe paid to allworkmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the CaliforniaLabor Code (Sections 1770 et seq.),the Director of IndustrialRelations has ascertained the general prevailingrateof per diem wages inthe localityin which the Work is to be performed for each craft,classification,or type of workman or mechanic needed to execute the Agreement. A copy of said determination isavailableby callingthe prevailingwage hotlinenumber (415) 703-4774 and requesting one from the Department of IndustrialRelations. The Contractor isrequired to obtain the wage determinations from the Department of IndustrialRelations and post at the job site the prevailingrate or per diem wages. Itshallbe the obligationof the Contractor or any subcontractor under him/her to comply with allState of Californialabor laws, rules and regulationsand the partiesagree thatthe City shallnot be liableforany violationthereof.
15.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listedon the bid proposal for the Services that itis not currently registered and qualifiedto perform public work. Contractor furtherwarrants that itis currentlyregisteredand qualifiedto perform "publicwork" pursuant to CaliforniaLabor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor willengage inthe performance of the Services unless currentlyregistered and qualifiedto perform publicwork.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specificallyauthorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the priorwrittenapproval of City. Any of the followingshallbe construed as an assignment: The sale,assignment, transferor other dispositionof any of the issued and outstanding capitalstock of Contractor,or of the interestof any general partner or jointventurer or syndicate member or cotenant ifContractor isa partnership or joint-ventureor syndicate or cotenancy, which shall resultin changing the control of Contractor. Control means fiftypercent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation,partnership or joint-venture.
17. SUBCONTRACTING
The subcontractors authorized by City,ifany, to perform Work on thisProjectare identifiedin ExhibitA. Contractor shall be fullyresponsible to City for all acts and omissions of any subcontractor. Nothing in thisAgreement shallcreate any contractual relationshipbetween Cityand any subcontractor nor shallitcreate any obligationon the partof Cityto pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiaryof any Work performed by the subcontractor for purposes of establishinga duty of care between the subcontractor and City. Except as specificallyauthorized herein, the Services to be Superior Property Services,Inc. Page 7
provided under thisAgreement shallnot be otherwise assigned, transferred,contracted or subcontractedoutwithoutthe priorwrittenapprovalof City.
18. OWNERSHIP OF DOCUMENTS
Each and every report,draft,map, record,plan, document and other writing produced (hereinafter"Documents"),prepared or caused to be prepared by Contractor, itsofficers,employees, agents and subcontractors,inthe course of implementing this Agreement, shallbecome theexclusivepropertyofCity,and Cityshallhave thesoleright to use such materials in itsdiscretion without further compensation to Contractoror any otherparty.Contractorshall,at Contractor'sexpense, providesuch Documents to City upon priorwrittenrequest.
19. CONFIDENTIALITY
All Documents, includingdrafts,preliminarydrawings or plans, notes and communications that result from the Services in this Agreement, shallbe kept confidential unlessCityexpresslyauthorizesinwritingthe releaseof information.
20. RECORDS
Contractorshallkeep records and invoicesinconnection with the Services to be performed under thisAgreement. Contractor shallmaintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expendituresand disbursementscharged toCity,fora minimum periodofthree(3)years, or for any longer period required by law, from the date of finalpayment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.
Contractorshallallowa representativeof Cityto examine, auditand make transcriptsor copies ofsuch recordsand invoicesduringregularbusiness hours. Contractor shallallow inspectionof allWork, data, Documents, proceedings and activitiesrelated to the Agreement fora period of three (3)years from the date of finalpayment to Contractor under thisAgreement.
21. WITHHOLDINGS
Citymay withholdpayment toContractorofany disputedsums untilsatisfactionof the disputewith respectto such payment. Such withholdingshall not be deemed to constitutea failureto pay according to the terms of thisAgreement. Contractor shallnot discontinueWork as a resultof such withholding.Contractorshall have an immediate rightto appeal to the CityManager or his/herdesignee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rateof returnthat City earned on itsinvestments during the time period, from the date of withholdingofany amounts found to have been improperlywithheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
Cityreserves the rightto employ other contractorsinconnection with the Project.
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23. CONFLICTS OF INTEREST
23.1 Contractor or itsemployees may be subject to the provisions of the CaliforniaPoliticalReform Act of 1974 (the"Act")and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financialinterestthat may foreseeablybe materiallyaffectedby the Work performed under thisAgreement, and (2) prohibitsuch persons from making, or participatingin making, decisions that will foreseeablyifnanciallyaffectsuch interest.
23.2 Ifsubjectto the Act and/or Government Code §§ 1090 et seq., Contractor shallconform to allrequirements therein. Failureto do so constitutes a material breach and isgrounds for immediate terminationof thisAgreement by City. Contractor shall indemnify and hold harmless City for any and allclaims for damages resultingfrom Contractor's violation of this Section.
24. NOTICES
24.1 All notices,demands, requests or approvals,includingany change in mailingaddress, to be given under the terms of thisAgreement shallbe given inwriting, and conclusively shall be deemed served when delivered personally,or on the third business day afterthe deposit thereofinthe United States mail,postage prepaid,first- class mail,addressed as hereinafterprovided.
24.2 Allnotices,demands, requestsor approvals from Contractorto Cityshallbe addressed to Cityat:
Attn:UtilitiesManager
UtilitiesDepartment
Cityof Newport Beach
949 West 16th Street
Newport Beach, CA 92663
24.3 Allnotices,demands, requests or approvals from Cityto Contractor shallbe addressed to Contractor at:
Attn:Nancy Hernandez
Superior Property Services, Inc.
2181 South Dupont Drive
Anaheim, CA 92806
25. CLAIMS
25.1 Unless a shorter time is specified elsewhere in this Agreement, before making itsfinalrequest forpayment under thisAgreement, Contractor shallsubmit to City, inwriting,allclaims forcompensation under or arisingout ofthisAgreement. Contractor's acceptance of the finalpayment shallconstitutea waiver of allclaims for compensation under or arisingout of this Agreement except those previouslymade in writingand identiifedby Contractor inwritingas unsettledat the time of itsfinalrequest forpayment.
Contractorand Cityexpressly agree thatinadditionto any claims filingrequirements set forthinthe Agreement, Contractorshallbe requiredto fileany claim Contractor may have Superior Property Services,Inc. Page 9
against City in strictconformance with the Government Claims Act (Government Code sections900 et seq.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public ContractCode section9204 or any successor statutethereto,the Partiesagree to follow the disputeresolutionprocess setforththerein.Any partof such "Claim" remaining in disputeaftercompletion ofthe disputeresolutionprocess provided forin Public Contract Code section9204 or any successor statutetheretoshallbe subjectto the Government Claims Act requirements requiring Contractor/Consultantto file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto,Contractorshallbe requiredto filesuch claimwith the Cityinstrictconformance withthe Government Claims Act (Government Code sections900 et seq.).
26. TERMINATION
26.1 Inthe event thateitherpartyfailsor refusesto perform any ofthe provisions ofthisAgreement atthe time and inthe manner required,that party shallbe deemed in defaultinthe performance ofthisAgreement. Ifsuch defaultisnot cured withina period oftwo (2)calendardays, or ifmore than two (2)calendardays are reasonably required to cure the defaultand the defaultingparty failsto give adequate assurance of due performance within two (2) calendar days afterreceiptof written notice of default, specifyingthe natureof such defaultand the steps necessary to cure such default,and thereafterdiligentlytake steps to cure the default,the non-defaultingpartymay terminate theAgreementforthwithby givingtothedefaultingpartywrittennoticethereof.
26.2 Notwithstandingthe above provisions,Cityshallhave the right,at itssole and absolutediscretionand withoutcause, ofterminatingthisAgreement at any time by givingno less than seven (7) calendar days' priorwrittennotice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorilyperformed and costs incurredup tothe effectivedate of terminationforwhich Contractorhas not been previouslypaid. On the effectivedate of termination,Contractor shall deliver to City all reports, Documents and other information developed or accumulated inthe performance of thisAgreement, whether in draftor finalform.
27. LABOR
27.1 Contractorshallconform with allapplicableprovisionsof state and federal law including,but not limitedto,applicableprovisionsof the federalFairLabor Standards Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potentiallabor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information.
27.3 Contractor represents that allpersons working under thisAgreement are verifiedto be U.S. citizensor persons legallyauthorized to work inthe United States.
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27.4 To the fullestextent permitted by law, Contractor shallindemnify,defend, and hold harmless City, itsCity Council, boards and commissions, officers,agents, volunteers,and employees from loss or damage, includingbut not limitedto attorneys' fees,and othercostsofdefense by reason ofactualor allegedviolationsofany applicable federal,state and locallabor laws or law, rules,and/or regulations.This obligationshall survivethe expirationand/or terminationof the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals.Cityand Contractor acknowledge thatthe above Recitalsare true and correctand are hereby incorporatedby reference.
28.2 Compliance with allLaws. Contractor shall,at itsown cost and expense, comply with allstatutes,ordinances, regulationsand requirements of allgovernmental entities,includingfederal,state,county or municipal,whether now inforce or hereinafter enacted. In addition,allWork prepared by Contractor shallconform to applicableCity, county, stateand federallaws, rules,regulationsand permitrequirements and be subject to approval of the ProjectAdministratorand City.
28.3 Waiver. A waiver by eitherparty of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or conditioncontained herein,whether of the same or a different character.
28.4 IntegratedContract. This Agreement represents the fulland complete understanding of every kind or nature whatsoever between the partieshereto, and all preliminarynegotiationsand agreements ofwhatsoever kind or nature are merged herein.
No verbal agreement or impliedcovenant shallbe held to vary the provisionsherein.
28.5 Conflicts or Inconsistencies. In the event there are any conflictsor inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto,the terms of thisAgreement shallgovern.
28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shallnot be construed for or against eitherparty by reason of the authorship of the Agreement or any other rule of constructionwhich might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a writtendocument executed by both Contractor and City and approved as to form by the CityAttorney.
28.8 Severability.Ifany term or portionof thisAgreement is held to be invalid, illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisionsof thisAgreement shallcontinue infullforce and effect.
28.9 Controlling Law and Venue. The laws of the State of Californiashallgovern this Agreement and allmatters relatingto itand any action brought relatingto this Agreement shall be adjudicated in a court of competent jurisdictionin the County of Orange, State of California.
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28.10 Equal OpportunityEmployment. Contractorrepresentsthat itis an equal opportunityemployer and itshallnot discriminateagainstany subcontractor,employee or applicantfor employment because of race,religiouscreed,color,nationalorigin, ancestry, physical handicap, medical condition,maritalstatus, sex, sexual orientation, age or any other impermissiblebasis under law.
28.11 No Attorneys'Fees. Inthe event ofany disputeor legalactionarisingunder thisAgreement, the prevailingpartyshallnot be entitledto attorneys'fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts,each of which shallbe deemed an originaland allof which together shall constituteone (1)and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the partieshave caused thisAgreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: % 13-?O7Xo
CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date:
By: r
Aaron C. Harp
CityAttorney
By:
Lauren Kleiman
Mayor
ATTEST:
Date:
CONTRACTOR: SUPERIOR
PROPERTY SERVICES, INC.,
a Californiacorporation
Date:
By:
Lena Shumway
CityClerk
By:
Ronald Bruneck
Chief Executive Officer
Date:
By:
Nancy Hernandez
Chief Financial Officer
[END OF SIGNATURES]
Attachments: ExhibitA - Scope of Services
ExhibitB - Schedule of BillingRates
ExhibitC - Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
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SCOPE OF SERVICES
Objective:
Contractorshallprovidethe followingon-callgrafiftiabatement services to the City,under the directionofthe UtilitiesDepartment, which shallidentifyspecifictasks,deliverablesand deadlines on an as-needed basis.
Contract Term: Up to Five (5)years
Minimum Qualifications:
1. Possession of a State of California C-33 License (Paintingand DecoratingContractor);
2. Possession of a State of California C-61 D38 License (Water and Sand Blasting);
3. A minimum offive(5)years of experience inthe provisionof graffitiabatement services;
4. A minimum ofthree(5)years ofexperienceworkingwiththe TAGRS system described in thisScope of Services;
5. Each servicevehicleused on-sitetoremedy incidenceofgraffitishallhave color-matching technologyon-boardtheservicevehicle;and
6. Contractorshallprovide allequipment necessary to complete the services cited in this Scope of Services.
Project Description:
1. Contractorisrequiredto attendtrainingby the Orange County Sheriff'sDepartment on how to utilizeTrackingAutomated and GraffitiReportingSystem ("TAGRS").
2. Contractorwillmonitorthe City'sgraffitihotlinedaily,take photos ofthe graffiti(beforeand afterremoval); upload the photos to TAGRS and contractorsin house system. Input informationregardingthe size,location,descriptionand cost of repairthe same day the work iscompleted.
3. If necessary, the City willprovide the Contractor with additionalwork assignments throughout the day or request the contractormonitor designated hotpots. From time to time,the Citymay requestContractorto providegraffitiabatement serviceson non-City owned privatepropertythatis visiblefrom the publicright-of-way.In most cases, the property owner is requiredto sign a release of liabilitywaiver form for the City and Contractorpriorto any work performed by Contractoron theirproperty.
Contractorwillbe responsibleforsupplyingand payingforthe communication device(s) and/or service(s)necessary to complete the uploading of the required information to TAGRS and contractors'in-housesystem.
4. Contractorwillbe requiredtosubmit an activityreporttothe UtilitiesManager, or designee. a. The activityreportincludes the locationof the graffiti,type, date, TAGRS ID, and the number of hours thatittook to complete the work.
b. The activityreportwillbe submitted dailyvia email to the UtilitiesManager or designee'sofficeat (7:30a.m.).
c. Invoicesshould be submitted on a monthly basis.
5. Contractorisrequiredto respond by phone or email to initialrequests forgraffitiremoval by City withinone (1) hour. For emergencies, Contractor is required to be on-site of reported incidentlocationwithintwo (2) hours of City'soriginalrequest,includingafter- hours requests.Contractormust providea twenty-four(24) hour contactforcitystaff.
6. Contractormust be availableforsame day response, includingafterhours, weekends, and holidays.
7. Contractoris responsiblefor supplying allmaterialsnecessary to perform the services requested in this scope of work, including,but not limitedto, paint,graffiti/adhesive remover and othercleaningsupplies.
8. Allvehiclesassigned by Contractortothisprojectshallcarrypressure washing equipment.
9. Contract willutilizeappropriatemethod of covering or removing graffiticonsidering the particularsurfaceand conditionssuch as painting,steam cleaning,pressure washing, wet sandblasting,wire brush, non-corrosivesolvent removal (environmentallysafe),and/or otheras-neededmethodologiesortechniquesavailableto Contractor.
10.Contractor shall conform to all current regulationsof the South Coast Air Quality Management District(AQMD). The Contractorisalso requiredto adhere to the provisions ofthe FederalClean Water Act as regulatedby the U.S. Environmental ProtectionAgency (EPA) inCode 40, Code of Federal Regulations(CFR) Parts 122, 123, 124, the Porter- Cologne Act (CaliforniaWater Act), and the National Pollutant Discharge Elimination System (NPDES) requirements.SuitableBest Management Practices(BMPs) shallbe appliedto prevent any chemical, debrisor any non-stormwater discharges from entering the storm drainsystem (storm drainsand gutters)duringallgraffitiabatement services, includingwater/sand blasting,pressure washing and other removal activities.
11.Where color-matching is speciifed,allpaints used shall match existingcolors to the satisfactionofthe City.The Contractorshallreceiveno additionalcompensation to repaint inmatching color.This includescolormatching to includenaturalmaterialssuch as rock , formations.Contractorshallhave color-matchingtechnology and capacities on their service truck or other vehicle used in the field.
12. For the current work schedule, contractor shall provide,at a minimum, one crew (a crew can be one person) with one truckforseven (7)days a week of service.Normal working hours (notincludingdrivingtime)shallbe between the hours of 7:00 a.m. and 4:30 p.m., Monday through Thursday and 7:00 a.m. to 3:30 p.m. on Fridays.Weekend work typically begins no earlierthan 7:00am. City may callout Contractorto perform after-hoursor holidaywork.
13. In addition,contractorshallprovide one additionalcrew one weekday per week (one person can serve as thisextra crew.) This means for one (1) weekday each week, contractorshallprovidetwo (2) crews (minimum of two people - one person with each truck),withtwo (2)trucksforgraffitiabatement services.
14. During the contractterm,the Citymay modify the seven (7)days a week levelof service.
Ifservicelevelischanged or modified,the City'sProjectManager or theirdesignee shall providethe Contractorwithat leastthirty(30)days' priorwrittennotice.
15. Holiday Hours
a. Observed holidaysshallbe based on the listof FederalHolidaysand are listed below.
• New Year's Day
• Martin Luther King,Jr.'sBirthday
• President'sDay
• Veterans Day
• Thanksgiving Day
• FridayafterThanksgiving Day
• Christmas Day
• New Year's Eve
b. The followingdays are excluded from the listofobserved holidays.Citywillrequire the Contractorto be availableforwork on these days.
• Memorial Day
• Independence Day July4th(orday observed)
• Labor Day
16.Allcorrespondence shallbe addressed to:Attn:UtilitiesManager, UtilitiesDepartment, Cityof Newport Beach, 949 West 16th Street,Newport Beach, California92663.
17.This serviceengagement may occasionallyrequireinteractionwith members ofthe public who wish to notifygraffititechnicians of occurrences of graffiti.Subsequently, graffiti techniciansassigned to thisprojectmust be able to communicate clearlyin English.
18. Work order system - Contractor shallprovide a web-based work order system. At a minimum, thissystem should have the followingfeatures:
a. Be abletoreceivework orderselectronicallyviatheweb from a computer or mobile device.
b. Offera freemobile applicationforAndroid or iPhone formats through Google and Apple marketplace, respectively.
c. Work ordersshallbe electronicallysubmittedinreal-timeto the work order system and shallbe assigned a unique work order number.
d. Access tothe system should be grantedtospecificCitystafffordirectwork entry.
At a minimum the system should logand display:
i. System work order IDs
ii. City'swork ordernumber (ifapplicable)
iii. Live work order status
iv. Address/locationof graffiti
v. Type of surface affected
vi. Method of removal
vii. Square footage treated
viii. Date and time work order was received
ix. Date and timework orderwas completed
x. Allpending and/orcompleted work orderson Google Maps e. Upon job completion,a "thankyou" message withbefore and afterphotos shallbe transmittedelectronicallyto the requestor'semail address (ifprovided). f. Only recordand monitorincidentsof graffitilocatedwithinthe City. g. Needs to integrateor have abilityto integratewith the City'sQuest system. h. Allow forupload and storageof multiplephotos per work order number. i. A directlinkthrough URL from the City'swebsite.
j. Alldata collectedby thesystem (includingphotographs)shallbecome the property of the City.
k. Contractorwillbe requiredto demonstrate allaspects of the work order system through a working versionofthe softwarepriorto award of Contract.
I. IncludeSmartphone app names and contactinformationfor a minimum of three (3) government customers of similarsize that have used Bidder's software for at leasttwelve (12) months.
EXHIBIT B
SCHEDULE OF BILLING RATES
SuperiorPropertyServices,Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
ITEM
DESCRIPTION UNT OF
QUANTITY UNIT ANNUAL
NUMBER MEASURE PRICE COST
1 WEEKDAY GRAFFITI DAYS 260REMOVAL SERVICES $525.00 $136,500.00 2 SATURDAY GRAFFITI DAYS 52 $575.00 $ 29,900.00REMOVAL SERVICES
ONE ADDITIONAL
3 TECHNICIAN/TRUCK DAYS 52 $500.00 $ 26,000.00WEEKDAY GRAFFITI
SERVICES
ONE ADDITIONAL
TECHNICIAN/TRUCK
4 WEEKEND - SUNDAY DAYS 25 $625.00 $ 15,625.00
RATE GRAFFITI
SERVICES
SUNDAY & HOLIDAYS
5 (MEMORIAL DAY/JULY DAYS 55 $750.00 $ 41,250.00
4TH/LABOR DAY
OVERTIME HOURS
6 (Outside Normal Work HOURS 48 $ 85.00 $ 4,080.00Hours - 4:30PM to 7:00AM
GENERAL PROVISIONS
7 (INSURANCE, ANNUAL 1 $ 0 $ 0
BONDING, ETC
ESTIMATED TOTAL
$253,355.00ANNUAL COST
Please note Quantities are
estimates and may change at
the sole discretionof the City
EXHIBIT C
INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES Provisionof Insurance. Without limitingContractor'sindemnificationof City,and priorto commencement of Work, Contractorshallobtain,provide and maintain at itsown expense duringthe term of thisContract,policiesof insurance of the type and amounts described below and ina form satisfactoryto City.Contractoragrees to provideinsurance inaccordance with requirements setforthhere. IfContractor uses existingcoverage to comply and that coverage does not meet these requirements,Contractoragrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policiesshall be issued by an insurance company currentlyauthorizedby the Insurance Commissioner to transact business of insurance in the State of California,with an assigned policyholders' Rating of A- (or higher)and FinancialSize Category Class VII (or larger)in accordance with the latesteditionof Best'sKey Rating Guide, unless otherwise approved by the City'sRisk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutorybenefits and Employer's LiabilityInsurance with limitsof at least one milliondollars($1,000,000) each employee forbodilyinjuryby accident and each employee for bodily injuryby disease in accordance with the laws of the State of California. In addition,Contractor shallrequireeach subcontractorto similarlymaintain Workers' Compensation Insurance and Employer's LiabilityInsurance in accordance with California law for allof the subcontractor's employees. The insurerissuingthe Workers' Compensation insurance shallamend itspolicy by endorsement to waive allrightsof subrogationagainstCity of Newport Beach, its City Council, boards and commissions, officers,agents, volunteers,employees, and any person or entityowning or otherwise in legalcontrolof the property upon which Contractor performs the Project and/or Services contemplated by thisContract.Contractor shall submit to City, along with the certificateof insurance, a Waiver of Subrogation endorsement infavorof Cityof Newport Beach, itsCityCouncil, boards and commissions, officers,agents, volunteers,employees, and any person or entityowning or otherwise in legal controlof the property upon which Contractorperforms the Projectand/or Services contemplated by this Contract.
B. General LiabilityInsurance. Contractor shall maintain commercial general liabilityinsurance,and ifnecessary excess/umbrella liabilityinsurance,with coverage at leastas broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two milliondollars($2,000,000)per SuperiorPropertyServices,Inc. Page C-1
occurrence, four milliondollars($4,000,000)general aggregate and four milliondollars($4,000,000)completed operationsaggregate.The policy shallcover liabilityarisingfrom bodilyinjury,propertydamage, products- completed operations,personal and advertisinginjury,and liabilityassumed under an insuredcontract(includingthe tortliabilityof another assumed in a business contract).
Contractor shall submit to City, along with a certiifcateof insurance, additionalcoverage as stated inSection 4. Other Insurance Requirements.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injuryand property damage for allactivitiesof Contractor arisingout of or in connection with Work to be performed under this Contract, includingcoverage for any owned, hired,non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limitforeach accident.
Contractor shall submit to City, along with a certificateof insurance, additionalcoverage as stated inSection 4. Other Insurance Requirements.
D. Excess/Umbrella LiabilityInsurance. Ifany Excess or Umbrella Liability policiesare used to meet the limitsof liabilityrequiredby thiscontract,then said policiesshall be "followingform" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including,but not limited to, the additionalinsured and primary & non-contributoryinsurance requirements stated herein. No insurance policiesmaintained by the City, whether primary or excess and which also apply to a loss covered hereunder, shall be called upon to contributeto a loss untilthe Contractor'sprimary and excess umbrella liabilitypoliciesare exhausted.
Contractor shall submit to City, along with a certificateof insurance, additionalcoverage as stated in Section 4. Other Insurance Requirements.
4. Other Insurance Requirements. The policiesare to contain, or be endorsed to contain,the followingprovisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shallbe endorsed to waive subrogation against Cityof Newport Beach, itsCityCouncil,boards and commissions, officers, agents, volunteers,employees, and any person or entityowning or otherwise in legalcontrolof the propertyupon which Contractor performs the Project and/or Services contemplated by this Contract or shall specificallyallow Contractor or others providing insurance evidence in compliance withthese requirementsto waive theirrightof recovery priorto a loss.Contractorhereby waives itsown rightofrecoveryagainst City,and SuperiorPropertyServices,Inc. Page C-2
shall require similarwrittenexpress waivers and insurance clauses from each of its subcontractors.
B. AdditionalInsured Status. All liabilitypoliciesincluding general liability, products and completed operations,excess/umbrella liability,builder'srisk, pollutionliability,and automobile liability,ifrequired,but not including professional liability,shall provide or be endorsed to providethatCityof Newport Beach, itsCity Council, boards and commissions, officers,agents, volunteers,employees, and any person or entityowning or otherwise in legal controlof the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additionalinsureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shallbe primaryinsuranceand/orthe primarysource ofrecoverywith respect to City of Newport Beach, itsCity Council, boards and commissions, ofifcers, agents, volunteers, employees, and any person or entity owning or otherwise in legalcontrolof the property upon which Contractor performs the Projectand/or Services contemplated by thisContract. Any insurance or self-insurancemaintained by City shall be excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policiesshall provide City with thirty(30) calendar days' noticeof cancellationor nonrenewal of coverage (except for nonpayment forwhich ten (10) calendar days' notice is required)for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices.
E. Subcontractors.Contractor shallrequireand verifythat allsubcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additionalinsured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format at leastas broad as CG 20 10 11 85. Limits of liabilityforGeneral Liabilityinan amount not less than one milliondollars ($1,000,000) per occurrence, two milliondollars($2,000,000) general aggregate and two milliondollars($2,000,000) completed operations aggregate.
5. AdditionalAgreements Between the Parties. The partieshereby agree to the following:
A. Evidence of Insurance. Contractorshallprovidecertificatesof insurance to Cityas evidence of the insurance coverage requiredherein,along with a waiver of subrogation endorsement forworkers' compensation and other endorsements as specifiedhereinforeach coverage. Allof the executed documents referenced in this Contract must be returned to City withinten (10)regularCitybusiness days afterthe date on the "Notificationof Award".
SuperiorPropertyServices,Inc. Page C-3
Insurance certiifcatesand endorsements must be approved by City'sRisk Manager priorto commencement of performance. Current certificationof insurance shallbe kept on filewith City at alltimes during the term of this Contract. The certificates and endorsements for each insurance policyshall be signed by a person authorized by that insurerto bind coverage on its behalf.At leastfifteen(15)days priorto the expirationof any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filedwith the City. Ifsuch coverage is cancelledor reduced, Contractorshall,withinten (10) days afterreceiptof written notice of such cancellation or reduction of coverage, filewiththe City evidence of insurance showing that the required insurance has been reinstatedor has been' provided through another insurance company or companies. City reserves the rightto requirecomplete, certiifedcopies of allrequired insurance policies,at any time.
B. City'sRightto Revise Requirements. The Cityreservesthe rightatany time during the term of the Contract to change the amounts and types of insurance requiredby givingContractorninety(90)calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor'scompensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contractswith on behalf of City willbe submitted to Cityfor review. Failure of Cityto request copies of such agreements willnot impose any liabilityon City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting allthe requirements stated herein, and Contractor shallensure that City is an additionalinsured on insurance requiredfrom subcontractors.For CGL coverage, subcontractors shallprovide coverage with a format at leastas broad as CG 20 10 11 85.
D. Enforcement of Contract Provisions.Contractoracknowledges and agrees that any actual or alleged failureon the partof Cityto inform Contractor of non-compliance with any requirement imposes no additionalobligationson City nor does itwaive any rightshereunder.
E. Requirements not Limiting.Requirements of specificcoverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limitsor other requirements,or a waiver ofany coverage normally provided by any insurance. Speciifcreference to a given coverage feature isforpurposes of clarificationonly as itpertainsto a given issue and isnot intended by any party or insured to be allinclusive,or to the exclusion of othercoverage, or a waiver of any type. Ifthe Contractormaintains higher limitsthan the minimums shown above, the City requiresand shall be entitledto coverage for higher limitsmaintained by the Contractor. Any SuperiorPropertyServices,Inc. Page C-4
availableproceeds in excess of specifiedminimum limitsof insurance and coverage shallbe availableto the City.
F. Self-InsuredRetentions. Contractoragrees not to self-insureor to use any self-insuredretentionson any portionof the insurance required herein and furtheragrees thatitwillnot allowany indemnifyingparty to self-insureits obligationsto City.IfContractor'sexistingcoverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor,which may include reductionor elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibleson theirpolicies.
G. City Remedies for Non Compliance, IfContractor or any subcontractor fails to provide and maintain insurance as requiredherein,then City shallhave the rightbut notthe obligation,to purchase such insurance, to terminate this Contract,or to suspend Contractor'srightto proceed untilproper evidence of insurance is provided. Any amounts paid by City shall,at City'ssole option,be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely NoticeofClaims. Contractorshallgive Cityprompt and timelynotice of claims made or suits instituted that arise out of or result from Contractor's performance under thisContract,and that involveor may involvecoverage under any of the required liabilitypolicies.City assumes no obligationor liabilityby such notice,but has the right(but not the duty) to monitor the handling of any such claim or claims ifthey are likelyto involveCity.
Coverage not Limited. All insurance coverage and limitsprovided by Contractor and availableor applicableto thisContract are intended to apply to the fullextent of the policies.Nothing contained in thisContract or any other agreement relatingto City or itsoperations limitsthe applicationof such insurance coverage.
J. Coverage Renewal. Contractor willrenew the coverage required here annually as long as Contractor continues to provide any Work under thisor any other Contract or agreement with City. Contractor shallprovide proof that policiesof insurance required herein expiringduring the term of this Contract have been renewed or replaced with other policiesproviding at leastthe same coverage. Proofthatsuch coverage has been ordered shall be submitted prior to expiration. A coverage binder or letterfrom Contractor'sinsurance agent to thiseffectis acceptable. A certificateof insurance and/or additional insured endorsement as required in these specificationsapplicabletothe renewing or new coverage must be provided to Citywithfive(5)calendardays ofthe expirationof the coverages.
SuperiorPropertyServices,Inc. Page C-5
K. Maintenance of General LiabilityCoverage. Contractor agrees to maintain commercial general liabilitycoverage fora periodof ten (10) years after completion of the Projector to obtaincoverage forcompleted operations liabilityforan equivalentperiod.
SuperiorPropertyServices,Inc. Page C-6