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HomeMy WebLinkAboutFluoresco Services LLC; 2015-09-02;AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR SPORTS LIGHTING ELECTRICAL MAINTENANCE SERVICES FLUORESCO SERVICES, LLC ~ This Amendment No. 3 is entered into and effective as of the ;, \ S-'( day of ~A!>j' , 2011..., extending the agreement dated September 2, 2015 (the reement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Fluoresco Services, a limited liability company, rcontractor") (collectively, the "Parties") for as- needed electrical work required for the preservation and protection of all City of Carlsbad owned or maintained sports lighting systems. RECITALS A. On August 3, 2017, the Parties executed Amendment No. 2 to the Agreement to extend and fund as-needed sports lighting electrical maintenance services for one year; and B. On August 16, 2016, the Parties executed Amendment No. 1 to the Agreement to extend and fund as-needed sports lighting electrical maintenance services for one year; and C. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on September 2, 2019 on an as-needed basis not-to- exceed thirty thousand dollars ($30,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 1 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR By: (sign here) Mary Kidder, Vice President (print name/title) By: fogn here) Dan Hohl, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By:~ City anagr[)irector ATTEST: f/~Q~-,1c- BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_~---~--'----- Assistant City Attorney ~fo/ City Attorney Approved Version 1/30/13 2 ~ EVERB-1 OP In· SOC ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 02/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER 262-754-9100 25.>~l~cT Shelly A. Doolittle Alternative Risk Resources LLC rt8.N~o, Ext): 262-754-9100 I Fffc, No):262-754-9114 250 Bish1,s WaJ Ste 102 Brookfiel , WI 5 005 ~*1nAJ~"": sdool1ttle@altrrskresources.com Michael C. Wosick INSURER/SI AFFORDING COVERAGE NAIC# INSURER A, Zurich-American Ins. Co. 16535 INSURED FLUORESCO SERVICES, LLC INSURER B, Liberty Insurance Underwriters 19917 Everbrite West, LLC 5505 South Nogales Hwy INSURERC: Tucson, AZ 85706-3300 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~J: TYPE OF INSURANCE :':.~P..!-~.';!~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS-MADE [K] OCCUR y GLO 8196192 03/01/2018 03/01/2019 R~1tj~lJ9c~~~!Er?ence\ $ 1,000,000 A X BROAD FORM VENDOR MED EXP 1Anv one nerson\ $ 10,000 A X CONTRACTURAL PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 ~ POLICY O j'(8i O LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A ~TOMOBILE LIABILITY iic~~~6~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO y BAP 8196193 03/01/2018 03/01/2019 BODILY INJURY /Per oerson) $ -OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY /Per accident) $ --X HIRED X ~8~o'§~tJc~ iP~9~2c~d~t~AMAGE $ AUTOS ONLY X $250 Comp X $500 Coll $ B X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5,000,000 ~ 1000036594 03/01/2018 EXCESS LIAB CLAIMS-MADE 03/01/2019 AGGREGATE $ 5,000,000 ./ DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION X I ~ff ro 'Tc I I ~~H-AND EMPLOYERS" LIABILITY YIN WC 8196191 03/01/2018 03/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ ~lsc:~ftff 8~ o'f'6PERA TIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltional Remarks Schedule, may be attached If more space is required) RE: Any and All Jobs City of Carlsbad is additional insured on a prima~ and non-contributory basis in regard to the general liability and auto lia ility policies. CERTIFICATE HOLDER CANCELLATION CARLSB1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation 799 Pina Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 '51Jl./4__fld V11rtt.·--~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: GL08196192 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location And Description Of Completed 0Derations City of Carlsbad Carlsbad, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s} or organization(s} shown in the Schedule, but only with respect to liability for "bodily injury'' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: If coverage provided to the additional insured is required by .a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolters Kluwer Financial SeJVices I Uniform Fom,s ™ C. Wrt:h respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR SPORTS LIGHTING ELECTRICAL MAINTENANCE SERVICES FLUORESCO SERVICES, LLC 2 is entered into and effective as of the('?rQ day of ~l.:,.A--,l,,,'-f,~=-a.-4-___ , 2ojJ_, extending the agreement dated September 2, 2015 (the O Agree nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and Fluoresce ervices, a limited liability company, rcontractor") (collectively, the MParties") for as- needed electrical work required for the preservation and protection of all City of Carlsbad owned or maintained sports lighting systems. RECITALS A. On August 16, 2016, the Parties executed Amendment No. 1 to the Agreement to extend and fund as-needed sports lighting electrical maintenance services for one year, and B. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on September 2, 2018 on an as-needed basis not-to- exceed thirty thousand dollars ($30,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR Mary Kidder, VP of Administration (print name/title) By:CI~ tttc:~ (sign here) Chris Metrusias, Treasurer & CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: /7. /1/11 Ci~~~-ay_o_r_o_r =o-,-ire-c-to_r __ ... ATTEST: C ~fflc~~ ,/NL BARBARA ENGLESON-~[; City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President GroupB Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation !!!!:!!! attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the offlcer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ --=-----------------~t City Attorney City Attorney Approved Version 1/30/13 2 EVERB-1 OP In• ~n('l .AC'C:,R c:,·~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) --. ---· 02/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(sl. PRODUCER 262-754-9100 S~m;~cT Shelly Doolittle Alternative Risk Resources LLC r.&.~o. Ext): 262-754-9100 I rt~. No):262-754-9114 250 Bishops Way Ste 102 Brookfield, WI 53005 l~ss, sdoolittle@altriskresources.com Michael C. Wosick INSURER/SI AFFORDING COVERAGE NAIC# INSURER A, Zurich-American Ins. Co. 16535 INSURED FLUORESCO SERVICES, LLC INSURER B, Liberty Insurance Underwriters 19917 Everbrite West, LLC INSURERC: Herman Dreier 5505 South Nogales Hwy INSURERD: Tucson, AZ 85706-3300 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~.P~ ~,J POLICY NUMBER POLICY EFF ,~glt,'r,~, LIMITS I TR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [Kl OCCUR ~~~~~U9c~ENTED 1,000,000 X GLO 8196192 03/01/2017 03/01/2018 $ A X BROAD FORM VENDOR MED EXP I Anv one oerson l $ 10,000 A X CONTRACTUAL -PERSONAL & ADV INJURY $ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY D ~r8r D Lac PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY fc~~~~~.~INGLE LIMIT $ 1,000,000 X ANY AUTO X BAP 8196193 03/01/2017 03/01/2018 BODILY INJURY /Per oersonl $ OWNED -SCHEDULED -AUTOS ONLY r--AUTOS BODILY INJURY IPer accident\ $ X ~lfMsoNLY X ~8t'oiiWL~ Ff..9~~JJ.t?AMAGE $ X $250COMP x $500COLL $ B X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 f--1000036594 03/01/2017 03/01/2018 5,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ / DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION X I ~f~TllTt= I I ifJH· AND EMPLOYERS' LIABILITY Y/N WC 8196191 03/01/2017 03/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A INCLUDES CA 1,000,000 (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ 1,000,000 ~~ci:;~o:8d ~ni~iis I LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more space is required) City of Carlsbad is additional insured on a prima~ and non-contributory basis in regard to the general liability and auto lia ility policies. CERTIFICATE HOLDER CANCELLATION CARLSB1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation 799 Pina Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ~u"J-vlTtrlt..:-..~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: GLO8196192 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s} Location And Description Of Completed Operations City of Carlsbad Carlsbad, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Forms™ C. With respect to the insurance afforded to these additional insureds, the following is added to Section m -limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the Page 2 of2 © Insurance Services Office, Inc., 2012 CG 2010 0413 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR SPORTS LIGHTING ELECTRICAL MAINTENANCE SERVICES FLUORESCO SERVICES, LLC 1 is entered into and effective as of the / Lt ih day of --4.,.6-....d.........e....~~lo.....!oo-...a... ____ , 20..1Q_, extending the agreement dated September 2, 2015 (the "Agre nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and Fluoresco Services, a limited liability company, ("Contractor") (collectively, the "Parties") for as- needed electrical work required for the preservation and protection of all City of Carlsbad owned or maintained sports lighting systems. RECITALS A. The Parties desire to extend and fund the Agreement for a period of one year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on September 2, 2017 on an as-needed basis not-to-exceed thirty thousand dollars ($30,000.00). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on an as-needed basis not-to-exceed thirty thousand dollars ($30,000.00). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates and related activities and costs for approval by City. 3. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 5. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR FLUORESCO SERVICES LLC Mary Kidder, VP of Administration (print name/title) By: (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: ~AI& ~117c ~-lr- BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 AGREEMENT FOR SPORTS LIGHTING ELECTRICAL MAINTENANCE SERVICES FLUORESCO SERVICES, LLC THIS AGREEMENT is made and entered into as of the <^ day of S<^k^t^(r^hGW~ 20/5". by and between the CITY OF CARLSBAD, a municipal corporation^ ("City'^ and Fluoresco Services, a limited liability company, ("Contractor"). RECITALS A. City requires the professional services of an electrical contractor that is experienced in providing routine, recurring, and usual commercial electrical maintenance work necessary for the protection and preservation of City owned or maintained sports lighting systems for their intended purposes. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring, and usual commercial electrical maintenance work necessary for the protection and preservation of City owned or maintained sports lighting systems for their intended purposes. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration ofthese recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. The Contractor will perform electrical maintenance and related services as needed as authorized on a time and materials basis as specified in EXHIBIT "A" and pursuant to the fee scheduled set for in Exhibit "B", Parks Service Pricing. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to procure commercial electrical maintenance services from other contractors as the City deems appropriate. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall maintain a C-10 license issued by the California Contractors State License Board throughout the term ofthis Agreement. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's periformance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length ofthe extended Agreement. City Attorney Approved Version 4/1/15 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's electrical maintenance work will be paid at an houriy rate plus parts as indicated in EXHIBIT "B", Parks Service Pricing. The total fee payable forthe Services to be performed during the initial Agreement term will be an amount not to exceed thirty thousand dollars ($30,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". The Contractor will perform work in accordance with all applicable Carisbad Municipal Code sections, California building codes, California electrical codes, OSHA standards and any other regulatory requirements. There will be no additional charges such as travel or trip costs allowed. Payment for service starts when the technician arrives at the City of Carisbad owned or maintained properties, and ends at the completion of required service work. Portal to portal payment is not included in this Agreement. All parts will be newly manufactured replacement parts or an equal approved by the Parks Superintendent, or his authorized representative. Pricing to City of Carisbad will be from the Contractor's actual invoice from parts suppliers plus markup indicated in EXHIBIT "B", Parks Service Pricing. Invoices must be submitted with request for payment. The Contractor shall submit invoices to the Parks Superintendent, or his authorized representative by the Sth day of the month for work performed in the previous month under this agreement. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carisbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. Certified payroll documents shall be submitted to the City with each billing. If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase no less than thirty (30) before the end of the current agreement year. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The City Attorney Approved Version 4/1/15 persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. PREVAILING WAGES The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined bythe Director of Industrial Relations pursuantto Sections 1770,1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. 8. TECHNICIANS The Contractor shall provide a minimum of one qualified field technician to install, maintain, and repair electrical systems utilized in the City of Carisbad. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. PARTS The City reserves the right to supply needed parts and equipment to the Contractor for Services. 12. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct ofthe Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost forthe purposes ofthis section, and that this section will survive the expiration or early termination ofthis Agreement. 3 City Attorney Approved Version 4/1/15 13. INSURANCE Contractor will obtain and maintain forthe duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-iVII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 13.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuantto this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 13.1.1 Commercial General Liabilitv I nsurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 13.1.2 Automobile Liabilitv. If the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 13.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 13.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 13.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 13.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 13.2.3 This insurance will be in force during the life ofthe Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 4 City Attorney Approved Version 4/1/15 13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 13.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 14. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 15. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be cleariy identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period ofthree (3) years from the date of final payment under this Agreement. 16. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 17. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 18. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Kyle Lancaster Name Herman Dreier Title Parks Superintendent Title Contract Administrator Department Parks & Recreation Address 5505 S. Nogales Highway City of Carisbad Tucson, AZ 85706 Address 799 Pine Avenue, Suite 200 Phone No. 520-434-8882 City Attorney Approved Version 4/1/15 Carisbad, CA 92008 Email hdreier@fluoresco.com Phone No. 760-434-2941 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 19. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 20. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible forthe compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and contractors whose services are required by this Agreement. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action ofthe City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage of work 6 City Attorney Approved Version 4/1/15 that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part ofthe Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance ofthe false information or in reckless disregard ofthe truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. SERVICES DURING STATE OF EMERGENCY During a state of emergency as determined by the City Council or City Manager including, but not limited to states of emergency defined by Government Code Section 8558, the Contractor agrees 7 City Attorney Approved Version 4/1/15 to provide the services specified in this Agreement under the terms and conditions herein. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both p /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version 4/1/15 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR FLUORESCO SERVICES LLC (sigiWiere) ^ Ladd Kleiman, President (print name/title) (sign here) Brett Waldo. CFO CITY OF CARLSBAD, a municipal corporation of the State of California AUTHORIZED TO SICM (City Manager or A/layer or- Division Director as authorized by the City Manager)] Ctiris Hazeltine > ATTEST: BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREV9^Qity Attorney Assistant City Attorney City Attorney Approved Version 4/1/15 EXHIBIT "A" SCOPE OF SERVICES AND SPECIAL CONDITIONS SPORTS LIGHTING ELECTRICAL MAINTENANCE SERVICES DEFINITIONS Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained sports lighting as specified in this Agreement. Installations: Electrical equipment installation and adjustment required to preserve and protect any City owned or maintained sports lighting system as specified in this Agreement. Maintenance: Any routine, recurring, and usual services or preventative maintenance on existing City systems necessary for the protection or preservation of any City owned or maintained sports lighting systems as specified in this Agreement. Demolition: The removal of electrical equipment required to preserve and protect any City owned or maintained sports lighting systems as specified in this Agreement. Service Report: Contractor's detailed report in City-approved computer-generated format covering all work performed under this Agreement. Service reports shall be separate documents, listed by facility and shall note all repairs or service work performed, any pertinent electrical diagnostic equipment readings, condition statements and any other pertinent information to aid the City in determining future equipment repairs, maintenance or replacement. WORK The Contractor shall peri^orm as needed routine, recurring and usual electrical work required for the preservation or protection of all City of Carisbad owned or maintained sports lighting systems and any associated electrical systems as outlined within these specifications shall be provided by the Contractor. (Public Contract Code Section 22002(d)). This specification covers electrical service and repair work in all City owned and other City maintained sports lighting systems in the City of Carisbad Parks and Recreation Department Sports Lighting Inventory, including but not limited to the following: 10 City Attorney Approved Version 4/1/15 City of Carlsbad Parks and Recreation Department Sports Lighting Inventory Park Name and Location Tennis Courts Basketball Courts Sports Fields Skate Parks Controls Aviara Community Park 6435 Ambrosia Lane 2 Half Courts 2 Poles 2 Lamps 1 Soccer Field 1 Baseball Field 12 Poles 80 Lamps Musco Control Links Alga Norte Community Park 6565 Alicante Rd. 6 Poles 6 Lamps 15 Poles 96 Lamps 17 Poles 18 Lamps Musco Control Links Calavera Hills Community Park 2997 Glasgow Dr. 2 Courts 6 Poles 12 Lamps 1 Full Court 2 Half Courts 5 Poles 6 Lamps 12 Poles 99 Lamps Musco Control Links Chase Field 3400 Harding Street 3 Baseball Fields 8 Poles 66 Lamps Musco Control Links Carlsbad High School Tennis Facility 3557 Monroe Street 9 Courts 24 Poles 48 Lamps Musco Control Links La Costa Canyon Park Pueblo St. & Rana Ct. 2 Courts 9 Poles 12 Lamps 2 Courts 1 Pole 1 Lamp Manual Operation w/Time Clock Laguna Rivera Park 4900 Kelly Dr. 2 Courts 9 Poles 12 Lamps 1 Court 2 Poles 2 Lamps Manual Operation w/Time Clock Pine Avenue Parl< 3333 Harding St. 2 Half Courts 2 Poles 2 Lamps 1 Multipurpose Field 7 Poles 30 Lamps Musco Control Links Poinsettia Community Park 6600 Hidden Valley Rd. 3 Courts 12 Poles 18 Lamps 2 Courts 6 Poles 8 Lamps 21 Poles 182 Lamps Musco Control Links & Manual Operation w/Time Clock Carlsbad Skate Park 2560 Orion Way 5 Poles 20 Lamps Photocell Operation w/Time Clock Stagecoach Community Park 3420 Camino de los Coches 4 Courts 18 Poles 24 Lamps 17 Poles 123 Lamps Musco Control Links & Manual Operation w/Time Clock 11 City Attorney Approved Version 4/1/15 ELECTRICAL SCOPE OF WORK AND EQUIPMENT LIST: Contractually required work on City of Cartsbad sports lighting systems includes but is not limited to troubleshooting of problems, new installation, maintenance, demolition and repair of the following items associated with any City of Carisbad owned or maintained sports lighting systems: 1. Tennis Court Lighting, Basketball Court Lighting, Skate Park Lighting, Baseball Field Lighting, Soccer Field Lighting, Other Outdoor Sports Field Lighting, Incandescent Lighting, Metal Halide Lighting, Quartz Lighting, Neon Lighting, Sodium Lighting, Fluorescent Lighting and Other Associated Sports Lighting Fixtures and Control Systems and any other lighting systems found within these inventories. 2. Musco Control Links Lighting Control Systems 3. Antennas (Associated with Lighting Control Only) 4. Ballasts 3. Conduits 4. Wiring 5. Switches 6. Disconnects, Fused and Un-fused 7. Receptacles 8. Service Panels and Pedestals 9. Distribution Panels and Sub-panels 10. Enclosures 11. Breakers 12. Contactors 13. Transformers 14. High Voltage Systems 15. Low Voltage Systems City Attorney Approved Version 4/1/15 12 16. New Circuits 17. Dedicated Electrical Circuits 18. Wiring and Control Systems of Special Electrical Equipment (Musco Control Equipment of all types. Clocks, Uninterruptible Power Sources and Other Associated Equipment and Appurtenances). 19. Examples of Troubleshooting include, but are not limited to, investigating electrical failures on electrical equipment and systems owned or managed properties, using standard and specialty diagnostic tools including electrical multi-meters, amp probes, meg ohm meters, tick tracers, phase rotation meters and other electrical diagnostic tools. Determining cause of failures and recommending repairs or replacement of electrical equipment as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or his authorized representative. 20. Examples of New Installations include, but are not limited to, installation of new equipment, conduits, wiring and associated electrical services or devices necessary for the preservation or protection of a City property as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or his authorized representative. After performing installations, the Technician shall show changes and modifications to the system on plan sets provided by the City of Carisbad and submit them for review and approval. If plan sets are not available the technician shall submit notes and line diagrams of changes for City's review and approval. 21. Examples of Maintenance include but are not limited to maintenance of equipment, conduits, wiring and associated electrical equipment or devices as detailed in the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or his authorized representative. Maintenance tasks include cleaning electrical cabinets, terminal and insulation inspection, replacement of wire markers, electrical tape and wire nuts, replacement of wire splices, replacement of contacts, replacement of other worn equipment to prevent possible failure of associated electrical systems as directed by the Parks Superintendent, or his authorized representative. 22. Examples of Demolition include but are not limited to removal of equipment, conduits, wiring and associated electrical equipment or devices necessary for the preservation or protection of a City facility as detailed in the Electrical Scope of Work and Equipment List above as directed by the Parks Superintendent, or his authorized representative. This work may be required in the case of upgrades of facilities, demolition of facilities or to remove obsolete equipment from service. 23. Examples of Repairs include but are not limited to repair of equipment, conduits, wiring and associated electrical equipment or devices as detailed in City Attorney Approved Version 4/1/15 13 the Electrical Scope of Work and Equipment List above, and as directed by the Parks Superintendent, or his authorized representative. This work may be made pursuant to troubleshooting work identified by the Contractor or City Staff, as generated by work order from other City Personnel, request from other users of City Facilities or as identified during other routine maintenance activities. 24. The Contractor shall furnish all personnel, parts, materials, test equipment, tools and services in conformance with the terms and conditions of this Agreement. 25. City authorization is required prior to performing any repairs whose aggregate parts and labor dollar amount exceeds five hundred dollars ($500.00). The Contractor shall notify The City's authorized representative as designated by Parks Superintendent, or his authorized representative, and receive authorization prior to performing repairs in excess of $500.00. SPECIAL CONDITIONS 1. The Contractor is required to provide uniformed service personnel. The Contractor's staff will be required to work in a semi-autonomous manner. The Contractor's staff will be required to interact in a businesslike and professional manner with City staff and members ofthe public. 2. The City shall provide access to all devices to be serviced by the Contractor. The Contractor shall not be held responsible for equipment malfunction or damage, should access to equipment or the inability to start and stop primary equipment incidental to the operation of the electrical system be denied or not provided by the City. 3. The Contractor shall provide safe access and egress for City of Carlsbad employees or members of the general public while work is in progress at City facilities. The Contractor agrees to be responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas. 4. The Contractor shall provide all hand tools, power tools, diagnostic tools and equipment necessary to perform its work under this Agreement with the exception of the specialty equipment as detailed in Item #6 of the Special Conditions. 5. The Contractor shall provide Hydraulic Personnel Lifts and Aerial Work Platforms as specified in this Section for the price specified in EXHIBIT "B", Parks Service Pricing. Hydraulic Personnel lifts must be self-propelled, and fully operational from the work platform. The lifting portion of this equipment must be capable of reaching a minimum of 80 Feet in height for Line #3 of EXHIBIT "B" and capable of reaching 25 Feet in height for Line #4 of EXHIBIT City Attorney Approved Version 4/1/15 14 "B". The hourly rate quoted must include an operator. No additional hourly pay will be provided for this fully operational equipment over and above the Contractor's quoted hourly rate for lift equipment other than the houriy pay for one (1)* service technician performing the requested service work. *(Unless additional technicians are approved in writing by the agency). 6. In the event that the Parks Superintendent, or his authorized representative, requests the Contractor to provide specialty equipment that would not normally be supplied by field technicians including Heavy Equipment (all types), Cranes, Scaffolds, and Pavement Cutting Tools, the Contractor agrees that compensation for the specialty equipment shall be as detailed in this section. Regardless of ownership, the rates to be used in determining Contractor's equipment rental costs shall be the edition of the "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the Contractor's actual use of the tool or equipment. CALTRANS' equipment rates website can be found at the following web address: http://www.dot.ca.gov/hq/construc/equipmnt.html The labor surcharge rates and right of way delay multipliers published therein are not a part of this contract. Specialty Equipment shall be procured from sources within a fifty- mile radius of the City of Carisbad if possible. Delivery time will be compensated for actual delivery time or a maximum of one (1) hour for delivery and one (1) hour for equipment return regardless of where the equipment is actually located. Specialty Equipment that is not available within this parameter will be compensated for actual delivery time with prior written approval by the City of Carisbad's authorized representative. 7. The Contractor shall provide service within 48 hours of notification by the Parks Superintendent, or his designated representative, during regular business hours, Monday through Friday, 7:00 AM to 5:00 PM excluding City Holidays. 8. The Contractor shall preserve all turf, artificial turf, landscape areas, hard surface sports courts and irrigation systems during service events. Such protection may include placing planking on areas that are unsuitable for driving of heavy vehicles. The Contractor is advised that any vehicular travel on artificial turf surfaces will require this protective measure at all times. The Contractor agrees to restore all areas to its pre-existing condition in the event that his equipment or personnel damage any City facility during his service events. 9. Parts will be paid for at suppliers invoice plus contractual markup. The contractor is to submit copies of invoice for all parts used under this agreement with his monthly billing. Failure to submit these invoices will result in the City of Carisbad withholding payment for parts until such a time as the Contractor provides invoices for parts used. 10. Submit invoices for payment to the Parks Superintendent or his authorized representative, by the 5**^ of the month for work performed the previous month. City Attorney Approved Version 4/1/15 15 EXHIBIT "B" PARKS SERVICE PRICING LINE NO. DESCRIPTION PRICE 1 Parts and Material Cost Plus 15% 2 Labor for Install, Maintenance and Repair $89.53/Hour 3 Lifting Equipment to 80 Feet $62.47/Hour 4 Lifting Equipment to 25 Feet $44.95/Hour 'Excludes tax at applicable rates as required **Excludes spent materials recycling at applicable rates if required 16 City Attorney Approved Version 4/1/15 Donna Heraty From: Donna Heraty Sent: Wednesday, September 02, 2015 11:55 AM To: 'hdreier@fluoresco.com' Cc: Jennifer Marinov; Shelley Collins Subject: Form 700 - Conflict of Interest Dear Consultant: Regarding your agreement with the City of Carlsbad for sports lighting electrical maintenance services - // your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements ofthe City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for ttiis agreement witti the CityofCarlsbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Ccityof Clarlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carlsbad 1200 Carisbad Village Drive Carisbad, CA 92008-1949 www.carisbadca.Rov 760-434-2917 I Shellev.Coilins@carisbadca.gov Facebook j Twitter | You Tube | Flickr j Pinterest | Enews