Attachment A
M/RSA with Superior Property Services, Inc. for Sidewalk Steam Pressure Washing Services
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SUPERIOR PROPERTY SERVICES, INC. FOR
SIDEWALK STEAM PRESSURE WASHING SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT (Agreement) is made and entered into as of this 15th day of September, 2026 (Effective Date), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city (City), and SUPERIOR PROPERTY SERVICES, INC., a California corporation ( Contractor), whose address is 2181 South Dupont Drive, Anaheim, CA 92806, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services for City (Project).
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on September 14, 2031, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference (Services or Work). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow community professional standards with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality.
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2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor
any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor
3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand- delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million Five Hundred Seventy Thousand Three Hundred Ten Dollars and 00/100 ($1,570,310.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor and/or
classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff.
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4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, Extra Work means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Nancy Hernandez to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. C approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
Director of Municipal Operations or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in ContractorWork schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator.
8.2 supervision. Contractor represents that it possesses the personnel required to perform Superior Property Services, Inc. Page 4
the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to ap
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a resul
property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).
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9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall b
the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor ity. Contractor
shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with C designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with C Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.
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13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor
of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the Certificate of Authority of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and by Superior Property Services, Inc. Page 7
requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is curren
Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter Documents), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor City
upon prior written request.
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20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the Act) and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from violation of this Section.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:
Attn: Director of Municipal Operations
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
Attn: Nancy Hernandez
Superior Property Services, Inc.
2181 South Dupont Drive
Anaheim, CA 92806
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City,
acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).
26.2 To the extent that Contractor
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict con
thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).
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27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act (FLSA) (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information.
28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, includi
fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter Superior Property Services, Inc. Page 11
enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.
29.11 No . In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to .
29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:__________________
By:_______________________________
Date:____________________
By:____________________________
Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
ATTEST:
Date:_________________
CONTRACTOR: SUPERIOR
PROPERTY SERVICES, INC.,
a California corporation
By:____________________________
Date:_____________________
By:____________________________
Lena Shumway
City Clerk
Ronald Bruneck
Chief Executive Officer
Date:____________________
By:____________________________
Nancy Hernandez
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A Scope of Services
Exhibit B Schedule of Billing Rates
Exhibit C Insurance Requirements
Exhibit D Labor and Materials Payment Bond
Exhibit E Faithful Performance Bond
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[1]
SIDEWALK STEAM PRESSURE WASHING SERVICES
Scope of Work
Description of Service Areas and Line Items
Contractor shall furnish all labor, tools, expendable equipment, materials, transportation services necessary for the sidewalk steam pressure washing services as described herein including, but not limited to, the following. City reserves the right to adjust recurring schedules and quantities as necessary, depending on condition and need.
Locations
1. Balboa Village: Provide supervision, equipment, tools, labor, transportation and materials, to pressure wash 143,934 square feet of Lithocrete sidewalks, inside restrooms, and designer roadway pavement in Balboa Village area identified on the enclosed Map A (does not include Balboa Pier). Contractor shall develop and execute a schedule to perform sidewalk, restroom and roadway pressure washing tasks once per week from May through September, and twice per month from October through April.
2. Marine Ave: Provide supervision, equipment, tools, labor, transportation and materials, to pressure wash 24,240 square feet of concrete sidewalks in the Marine Ave area identified on the enclosed Map B. Contractor shall develop and execute a schedule to perform sidewalk steam pressure washing tasks twice per month.
3. McFadden Plaza Square: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 32,346 square feet of concrete sidewalks and inside restrooms in the McFadden Square area identified on the enclosed map C. Contractor shall develop and execute a schedule to perform the sidewalk and restroom steam pressure washing tasks once a week, May through September, and twice per month October through April; McFadden Plaza Square (Memorial) - McFadden Square Memorial (globe) and Ben Carlson Statue (3,600 square feet) shall be cleaned twice a week.
4. Balboa and Newport Piers: Provide supervision, equipment, tools, labor, transportation and materials, to steam clean the concrete Balboa Pier 27,513 square feet and Newport Pier 32,408 square feet identified on the enclosed Maps A and C. Contractor shall develop and execute a schedule to perform concrete steam pressure washing tasks of the piers twice per month annually; Balboa and Newport Piers (Ends of Piers) - Contractor shall develop and execute a schedule to perform concrete steam pressure washing tasks of the pier ends (Balboa Pier 4,000 square feet and Newport Pier 8,500 square feet) twice per month annually, on the alternating week from the full pier cleaning. [2]
5. Corona del Mar: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 40 trashcans, 4 benches, including the sidewalk underneath and around cans and benches at: 3309 E Coast Hwy (ECH), Westbound Pacific Coast Highway (PCH)/Poppy, 3536 E Coast Hwy, and 3500 E Coast Hwy, the clock tower at Marguerite and ECH (400 square feet), and the Civic Center parking structure outside stairs (630 square feet; map I) in the Corona del Mar area identified on the enclosed Map D. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks monthly.
6. Seashore/Coast Hwy W: Provide supervision, equipment, tools, labor, transportation and materials to steam clean and wipe down both sides of 3,399 linear feet of plexiglass, Map E. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks, quarterly.
7. Lido Isle Bridge: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 3,195 square feet including, one bench pad, trash can, interior, and top of bridge wall and railing, Map F. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks quarterly.
8. Balboa Island: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 139,155 square feet, Map G. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks monthly. *This may be reduced to quarterly at Citys discretion.
9. Civic Center Parking Structure: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 164,323 square feet, which includes stairs and ramps, Map H. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks twice a year.
10. 15th St: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 6,704 square feet, which includes the colored concrete and lithocrete cross walk, Map I. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks once a month.
11. 19th St/Bay Ave Restrooms: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 1,240 square feet, which includes in front, around, and inside the restrooms, Map J. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks once per week from May through September, and once per month from October through April.
12. Corona del Mar Restrooms: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 6,663 square feet, which includes in [3]
Front, around, and inside the restrooms, Map K. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks once per week from May through September, and once per month from October through April.
13. 58th St Restrooms: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 811 square feet, which includes in front, around, and inside the restrooms, Map L. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks once per week from May through September, and once per month from October through April.
14. Orange St Restrooms: Provide supervision, equipment, tools, labor, transportation and materials to steam clean 1,749 square feet, which includes in front, around, and inside the restrooms, Map M. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks once per week from May through September, and once per month from October through April.
15. Various Locations Bird Clean up: Provide supervision, equipment, tools, labor, transportation and materials to steam four areas weekly (approx. 300 square feet per location at: 114 McFadden Pl, 215 15th St, 114 Agate Ave, 105 Main St. Contractor shall develop and execute a schedule to perform the steam pressure washing tasks weekly and as needed.
Additional Items
Remove gum, spills, dirt, spots, blood, fish oil, graffiti, dirt, grime, etc. from the contract areas identified in the enclosed maps at every cleaning, including all trash can receptacles, benches, picnic tables and wash basin sinks. In case of hard to remove stains, Contractor shall utilize an environmentally sensitive stain remover.
Contractor shall utilize mechanical means to collect the wastewater generated during the performance of the steam pressure washing tasks described in the bid in all areas, zero discharge of wastewater will be allowed. Contractor shall recycle the residual water for reuse and properly dispose of wastewater.
Contractor should protect in place all paper products.
Contractor shall ensure that storm drain inlets are properly protected from runoff with sandbags and/or filter fabric to prevent entry of water or debris into the storm drain system during performance of steam pressure washing tasks.
Contractor shall clean contract area utilizing a hot water pressure washer (minimum of 2,500 Pounds per Square Inch (PSI)) with either a 20-degree or 30- degree spray tip set at a minimum of 180 degrees Fahrenheit. The pressure reduce the potential for damages to the cleaning surface. Contractor will be [4]
responsible for damages to sidewalks and roadway pavements resulting from excessive water pressure, heat and/or improper cleaning techniques.
Contractor will be responsible for providing photos of all work completed at scheduled and calling back locations weekly by email to be provided.
On-Call Services
Contractor may be called out for additional steam pressure washing or other related services on an on-call/as-needed basis.
Provide supervision, equipment, tools, labor, transportation and materials for special cleaning (2-hour minimum, includes travel time). Costs shall be calculated per rate sheet. When the need for service arises, Contractor shall provide a written proposal, including:
A detailed description of the services to be provided.
The position of each person assigned to perform the services.
The estimated number of hours and costs (including parts and material) to complete the services.
The time needed to complete the specific project.
No services shall commence until the City has provided written acceptance of the proposal. Once authorized, Contractor shall diligently perform the repair services in compliance with the Agreement terms. Should the proposal terms vary, the Agreement terms will supersede.
Response Requirements (For On-Call Portion)
Call back within thirty (30) minutes after the initial request from the City for on-call services.
Availability for same-day response, including after hours, weekends, and holidays.
Contractor shall be available twenty-four (24) hours a day, seven (7) days a week.
Arrival within two (2) hours after initial call back.
Working Hours
The working hours will vary based on location and time of year. During the summer months, the hours may need to be adjusted based on crowds. Generally, work will be confined to Monday-Friday, no earlier than 7:00 am, except for the Pier locations which have separate hours listed below.
Newport and Balboa Piers Cleaning shall begin at 12:00 am, currently it takes six (6) hours to complete with two (2) power washing vehicles. Work may begin as early as 11:00 pm, assuming all visitors have left the area.
[5]
Marine Ave 5:00 am start to delineate the working area, power washing start is 7:00 am.
Balboa Village working hours 7:00 am 11:00 am. After 11:00 am it is too crowded to work.
Prior to beginning work, Contractor shall provide a monthly schedule with locations to be pressure washed.
Quality of Work and Materials
Contractor shall provide all labor and materials required for the successful completion of a project or work.
City may reimburse Contractor for materials procured, analyzed case-by-case, for materials is limited to cost plus a maximum of 15%.
Receipts are required for reimbursement for materials purchased for projects.
City reserves the right to specify the type of material and/or equipment purchased per project. All equipment and material purchases must be preapproved by the City prior to being incurred.
City reserves the right to purchase materials directly and provide them to the Contractor. In such cases, the following conditions apply:
- All City purchases are for the sole expressed use of and for the City. - Contractor shall secure, store, inventory, distribute, and control all materials entrusted to Contractor's representatives.
- All materials and inventories shall be made available to the City upon request. - Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used.
Contractor shall maintain work areas with a well-manicured, clean appearance, and all work shall be performed in a professional manner using quality equipment.
Contractor shall be responsible for any damages to public and/or private property caused during the work.
Contractor shall recognize that during this Agreement, the City may have other contractors conducting other activities and/or operations in the immediate vicinity of requested work. Contractor shall make every effort to coordinate activities with existing operations. Other activities may include, but are not limited to, the following:
- Landscape refurbishment
- Modification or repair of existing facilities
- Construction
- Storm-related operations
[6]
All tools and materials shall always remain in possession.
All of Contractors vehicles parked on site shall always be secure.
Contractor shall ensure all precautions for safety are taken.
Contractor shall obtain necessary building permits at no cost when required.
As required, Contractor shall provide traffic control per the latest edition of the
Safety Requirements
All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. All of Contractors employees shall always have access to a W.A.T.C.H. (Work Area Traffic Control Handbook).
Contractor's name. Contractor shall be responsible for supplying all appropriate personal protective equipment including but not limited to safety vests, safety shoes and reflective vests.
Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City.
Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation.
Contractor's employees shall be trained in health and safety per CALOSHA BalboaVillage_Sidewalks.aprx
City of Newport Beach
GIS Division
February 05, 2026
0 280 140
Feet• •
DISCLAIMER NOTICE: By accessing this dataset/map, you agree to be bound by the City of Newport Beach’s TERMS OF USE, which should be reviewed in its entirety: http://www.newportbeachca.gov/government/departments/city-manager-s-office/information-technology-city-division/gis-mapping/data-catalog.
Please note: The datasets/maps, and any related materials contained therein, may contain nonconformities, defects, and/or errors. They are being provided “as is” without warranty of any kind, either express or implied.
BY ACCESSING THESE DATASETS/MAPS, YOU ASSUME ALL RISK AND RESPONSIBILITY THAT MAY ARISE FROM OR IN MANNER RELATE TO YOUR USE AND REPRODUCTION THEREOF AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND INDUSTRY STANDARDS.
PHASE - 1
LITHOCRETE SIDEWALK (17392 sq. ft.)
LITHOCRETE - PATTERNED (7286 sq. ft.)
DESIGNER CONCRETE (11091 sq. ft.)
BALBOA RESTROOMS (1051 sq. ft.)
PHASE - 2
LITHOCRETE SIDEWALK (12462 sq. ft.)
LITHOCRETE - PATTERNED (29449 sq. ft.)
PHASE - 3
CONCRETE SIDEWALK (22324 sq. ft.)
LITHOCRETE SIDEWALK (3609 sq. ft.)
DESIGNER CONCRETE (8373 sq. ft.)
*ZERO DISCHARGE WATER
BALBOA PIER (29,896 sq. ft.)
BAY AVE E - ADD ON
TYPE
CONCRETE SIDEWALK (1,092 sq. ft.)
CONCRETE STREET (4,672 sq. ft.)
ADAMS STREET (5,307 sq. ft.)
FUNZONE SIDEWALKS (20,877 sq. ft.)
Map A
SteamCleaningMaps.aprx
City of Newport Beach
GIS Division
February 05, 2026
1241261271251231207208206204202200205207211215214212210216217209209 1/2218220222224 1/22262272252232212191222312427120512601030509111321221020820620420221421822022222622322121921721609215 1231271305201203207209213215221223225300203203 1/2213213 1/2216 1/2224224 1/2225 25A122122 1/2211211 A217217 A219219 1/2229 (A-C)07/2200130413061308 300
125127122 1/2124200204206208210214220220 1/2222224226 (A-C)201203207209211215213217219221223225 122124126200202204208210212214216218222224226 1/2300218 1/2218216 1/2216 1 2262301227227 1/2206 1/2206205205 1/2123
302300 1/2301304306310312314318320322324330333327325323321319317315313311309307303326326 1/2300304306308310312314316318320322324328330325323321319317315313309307305303301302 A302 B3013073113153173193213233253333113331/2316316 1/2313313 1/2319A319B305305 1/2327329 303305307309311317321319323325327329333331302302 1/2310312314316318324302308306304310312314 B316318 1/2320324351304304 1/2306 A306 B308308 1/2320 (A-D)306 1/2312 1/2314 A318313 1/2313315315 1/2332 (A-D)326 (A-D)322322B322C322A322B322225 1/22201204201201 1/2122 310 1/2
205 1/2
330 1/2321 1/2
125 1/2123 1/2
221 1/2219 1/2226 1/2224216 1/2220 1/2201 1/2203 1/2/2/2208 1/2206 1/2212 1/2222 1/2 1/2333 1/2325 1/2319 1/2318 1/2320 1/2302 1/2218 1/2208 1/2204 1/2 324 1/2
127 1/22/2124 1/2213 1/2308308 1/2 316 1/2331329327
0 120 60
Feet• •
Marine Ave
Pressure Washing
Map B
1007 sq. ft.1137 sq. ft.
Sidewalks (24,240 sq. ft.)
23022300104210021022104200220002009A-C2007A-C2001200920072002025200420001922(A-C)19267072211721192111105103(A-C)2004(A-B)2006(A-B)2008 McFADDEN
SQUARE
McFadden_Sidewalk_areas_rev1.aprx
Sidewalk Maintenance
McFadden Square
City of Newport Beach
GIS Division
February 05, 2026
0 225 112.5
Feet• •
McFadden Square: 35,946 sq. ft.
Newport Pier: 32,408 sq. ft.
DISCLAIMER NOTICE: By accessing this dataset/map, you agree to be bound by the City of Newport Beach’s TERMS OF USE, which should be reviewed in its entirety: http://www.newportbeachca.gov/government/departments/city-manager-s-office/information-technology-city-division/gis-mapping/data-catalog.
Please note: The datasets/maps, and any related materials contained therein, may contain nonconformities, defects, and/or errors. They are being provided “as is” without warranty of any kind, either express or implied.
BY ACCESSING THESE DATASETS/MAPS, YOU ASSUME ALL RISK AND RESPONSIBILITY THAT MAY ARISE FROM OR IN MANNER RELATE TO YOUR USE AND REPRODUCTION THEREOF AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND INDUSTRY STANDARDS.
Map C
611615
222923052325233323452515(1-9)8908942301854
418
3519
392840342139263924391839203922
VILLA WAYLAFAYETTE AVEVIA OPORTO
BAY PLBAY WAY
MAIN ST
BALBOA AVEBAY FRONT ALLEY NBAY FRONT ALLEY S
BAYFRONTALEYSBA WASHINGTON STCOLLINS AVEPALM ST
ABALONE DRBAY FRONT ALLEY EBAY FRONT NPATOLITADR
CUTTER RDCAPE COVEKETCH RDSHELTER COVESCHOONER RDREEF COVE
BAY FRONT S
YAWL RDEMERALD AVE
JADE AVEMARINE AVE
GARNET AVE
CRYSTAL AVE
TURQUOISE AVE
ERENANELLATER ABALONE AVE
DIAMOND AVERUBY AVESAPPHIRE AVE
BYFRO
CORAL AVEGRAND CANALAMETHYST AVEAPOLENA AVEONYX AVE
PEARL AVETOPAZ AVEAGATE AVEOPAL AVEBAYSIDEOVEEBAYSIDECOVEW
PARK AVE
MARINE AVEBAYSIDE DR
Pressure Washing
1 15th St Sidewalks.aprx
City of Newport Beach
GIS Division
February 05, 2026
0 200 100
Feet• •
DISCLAIMER NOTICE: By accessing this dataset/map, you agree to be bound by the City of Newport Beach’s TERMS OF USE, which should be reviewed in its entirety: http://www.newportbeachca.gov/government/departments/city-manager-s-office/information-technology-city-division/gis-mapping/data-catalog.
Please note: The datasets/maps, and any related materials contained therein, may contain nonconformities, defects, and/or errors. They are being provided “as is” without warranty of any kind, either express or implied.
BY ACCESSING THESE DATASETS/MAPS, YOU ASSUME ALL RISK AND RESPONSIBILITY THAT MAY ARISE FROM OR IN MANNER RELATE TO YOUR USE AND REPRODUCTION THEREOF AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND INDUSTRY STANDARDS.
Text
LITHOCRETE (2,760 sq. ft.)
CONCRETE (3,944 sq. ft.)
Map I
Sidewalk (1240 sq. ft.)
226 19th St.aprx
City of Newport Beach
GIS Division
February 05, 2026
0 20 10
Feet• •
DISCLAIMER NOTICE: By accessing this dataset/map, you agree to be bound by the City of Newport Beach’s TERMS OF USE, which should be reviewed in its entirety: http://www.newportbeachca.gov/government/departments/city-manager-s-office/information-technology-city-division/gis-mapping/data-catalog.
Please note: The datasets/maps, and any related materials contained therein, may contain nonconformities, defects, and/or errors. They are being provided “as is” without warranty of any kind, either express or implied.
BY ACCESSING THESE DATASETS/MAPS, YOU ASSUME ALL RISK AND RESPONSIBILITY THAT MAY ARISE FROM OR IN MANNER RELATE TO YOUR USE AND REPRODUCTION THEREOF AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND INDUSTRY STANDARDS. 19th St
Map J
Map K
Superior Property Services, Inc. Page B-1
Superior Property Services, Inc. Page C-1
EXHIBIT C
INSURANCE REQUIREMENTS MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance
to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below, and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance - (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
3. Coverage Requirements.
A.
Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall rdance with California law for
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, excess/umbrella liability insurance with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products-completed operations, personal and advertising
Superior Property Services, Inc. Page C-2
injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
D. Professional Liability (Errors & Omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall require
Superior Property Services, Inc. Page C-3
similar written express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies.
C. Primary and Non-Contributory
insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers and employees.
Any insurance or self-insurance maintained by Cit
insurance and shall not contribute with it.
D. Notice of Cancellation
notice of cancellation or nonrenewal of coverage (except for nonpayment for which
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided
Superior Property Services, Inc. Page C-4
through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
B. . The City reserves the right at any time during
the term of the Contract to change the amounts and types of insurance required change. If such change results in substantial additional cost to Contractor, City and
C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non- compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor or sub-contractors. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City.
F. Self-Insured Retentions. Contractor agrees not to self-insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to overage includes a self-insured retention, the self-
insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention,
Superior Property Services, Inc. Page C-5
substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies.
G. City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to l proper evidence of insurance is
amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
I. . Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contract
certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages.
Superior Property Services, Inc. Page D-1
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. _________
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Superior Property Services, Inc. hereinafter designated as the Principal, an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and, ___________________ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as Surety) are held and firmly bound unto the City of Newport Beach, in the sum of One Million Five Hundred Seventy Thousand Three Hundred Ten Dollars ($1,570,310.00), lawful money of the United States of America, said sum being equal to one hundred percent (100%) of the estimated amount payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California.
Superior Property Services, Inc. Page D-2
And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20___.
______________________________ ______________________________ Name of Contractor (Principal) Authorized Signature for Contractor
______________________________ ______________________________ Name of Surety Print Name and Title
______________________________ ______________________________ Address of Surety Authorized Agent Signature for Surety
______________________________ ______________________________ Telephone Print Name and Title
APPROVED AS TO FORM:
Date:__________________
By:_______________________________
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Superior Property Services, Inc. Page D-3
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
Superior Property Services, Inc. Page E-1
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. ________
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Superior Property Services, Inc. hereinafter designated as the Principal, an agreement for Sidewalk Steam Pressure Washing Services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter Surety), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Five Hundred Seventy Thousand Three Hundred Ten ($1,570,310.00) lawful money of the United States of America, said sum being equal to one hundred percent (100%) of the estimated amount of the Agreement, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Superior Property Services, Inc. Page E-2
notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the _____ day of ________________, 20___.
______________________________ ______________________________ Name of Contractor (Principal) Authorized Signature for Contractor
______________________________ ______________________________ Name of Surety Print Name and Title
______________________________ ______________________________ Address of Surety Authorized Agent Signature for Surety
______________________________ ______________________________ Telephone Print Name and Title
APPROVED AS TO FORM:
Date:__________________
By:_______________________________
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Superior Property Services, Inc. Page E-3
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ______________________} ss.
On _________________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.