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HomeMy WebLinkAboutRSG Inc; 2019-01-08; PSA19-642GS PSA19-642GS City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR CUSTODIAL SERVICE STUDY RSG, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2019, extending the agreement dated January 8, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and RSG, Inc., a California corporation (“Contractor") (collectively, the “Parties”) for custodial service study. RECITALS A. The Parties desire to extend the Agreement for a period of six (6) months. 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 six (6) months ending on January 8, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, shall 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, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 5ACAE6EE-DC98-460C-AD13-6F8C0AE0D780 5th July PSA19-642GS City Attorney Approved Version 1/30/13 2 4. 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, RSG, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works as authorized by the City Manager James Simon / President (print name/title) By: (sign here) Tara E. Matthews / Treasurer (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 Group B Chairman, President, or Vice-President 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: 5ACAE6EE-DC98-460C-AD13-6F8C0AE0D780 3/8/2019 The Empire Company 550 North Park Center Drive Suite 205 Santa Ana CA 92705 Erica Hornaday ehornaday@empire-co.com RSG, Inc. 17872 Gillette Ave., Suite 350 Irvine CA 92614 Sentinel Insurance Company, LTD 11000 Trumbull Insurance Company 27120 Underwriters at Lloyds of London 85202 2019/2020 Updt. Master A X X X 72SBAAQ7019 1/1/2019 1/1/2020 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X 72SBAAQ7019 1/1/2019 1/1/2020 1,000,000 A X X X 10,000 72SBAAQ7019 1/1/2019 1/1/2020 2,000,000 2,000,000 B 72WECVK8727 1/1/2019 1/1/2020 X 1,000,000 1,000,000 1,000,000 C ERRORS & OMISSIONS ATR1900818 3/1/2019 3/1/2020 LIMIT 2,000,000 CLAIMS MADE; $10,000 DED.AGGREGATE 4,000,000 The City of Carlsbad is named as additional insured with primary non-contributory wording with respect to General Liability per form SS00080405 attached as required by written contract. Waiver of subrogation applied to Workers Compensation per form WC040306 attached as required by written contract. City of Carlsbad/CMWD 1635 Faraday Ave. Carlsbad, CA 92008 Janean.Hawney@carlsbadca.gov Erica Hornaday/ERICA The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) AGREEMENT FOR CUSTODIAL SERVICE STUDY RSG, INC. PSA 19-642GS THIS AGREEMENT is made and entered into as of the f?+±i day of ~ tU,,Lll ur , 2019, by and between the CITY OF CARLSBAD, a municipal ~rporation, (" ity"), and RSG, INC., a California corporation, ("Contractor"). i RECIT)SLS I A. The City requires the professional services of a consultant that is experienced in service analysis. B. Contractor has the necessary experience in providing professional services and advice related to service analysis. C. Contractor has submitted a proposal to the City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these 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. 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. 3. TERM The term of this Agreement will be effective for a period of six months (6) months from the date first above written. The City Manager may amend the Agreement to extend it for six (6) additional months or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-two thousand nine hundred seventy-five dollars ($22,975). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. 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". City Attorney Approved Version 6/12/18 PSA 19-642GS 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 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. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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 attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the 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 for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the 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-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 PSA 19-642GS 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. 10.1 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 pursuant to 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. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. 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. 10.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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 City Attorney Approved Version 6/12/18 3 PSA 19-642GS maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 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. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly 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 of three (3) years from the date of final payment under this Agreement. 13. 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. 14. 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. 15. 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 Name Brian Bacardi Title Public Works Superintendent Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-434-2944 For Contractor Name Tara Matthews Title Principal and Vice President Address 17872 Gillette Avenue, Ste 350 Irvine, CA 92614 Phone No. 714-541-4585 Email tmatthews@webrsg.com 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. City Attorney Approved Version 6/12/18 4 PSA 19-642GS 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes IZ] No D 17. 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 for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the 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 consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 of the 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. 20. 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 of the percentage of work 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 of the 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 City Attorney Approved Version 6/12/18 5 PSA 19-642GS under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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 of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the 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 et 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 of the false information or in reckless disregard of the 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. 23. 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. 24. 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. 25. 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 parties. City Attorney Approved Version 6/12/18 6 PSA 19-642GS 26. 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 RSG, INC., a California corporation By' )•OJ\O, ~ rn~ (sign here) 70J9 i;~ fY\c\t\::hfJv-:& \ ${)uS'ufQt (print name/tit e) CITY OF CARLSBAD, a municipal corporation of the State of California 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 6/12/18 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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. State of California County of Vf~ e, On Ol.Jvtt( ZZ, uQ/8 before me, Date ) ) 0ndret-ldtrvn l:'.ti~ Nom~ ft/till; v , Here Insert Nam~_and T~~ of theicer personally appeared 11). r (A t(\.O.~ S °" "'o\ ~\l)\ ;:s \ M-OY' Name(s) of Signer(s) 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANDREE LECARON KEIT_H @ Notary Public -California ::: Orange County ! Commission # 219828' My Comm. Expires May 21, 2021 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m:~d:!: official seal. Signatur4., ~1,{ WP': {4:--,/ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ LJ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact D Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator []Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PSA 19-642GS EXHIBIT "A" CUSTODIAL SERVICE STUDY SCOPE OF SERVICES The objective of this study is to review the City of Carlsbad current custodial levels of service along with industry standards and neighboring city practices. The Contractor will provide a citywide custodial services study on seventy (70) City of Carlsbad locations (Exhibit "B"). The Contractor will confirm the current City of Carlsbad custodial staff dedicated to each building per day and document the building characteristics of the buildings being serviced. The Contractor will review City of Carlsbad custodial factors and building characteristics and benchmark with peer cities and industry standards. The final deliverable of the service study will include a written report presented to the Contract Administrator detailing the City of Carlsbad's dedicated custodial hours related to building factors. The Contractor will prepare a report with City of Carlsbad custodial data along with industry standards and neighboring cities; and will present an in-depth interpretation based on this study's result, and ultimately make recommendations (based on custodial services best practices) for custodial service improvements. Task 1. Kickoff Meeting Objectives of the kickoff meeting are to determine the methods the Contractor will use to gather the data points needed to complete the study. The kickoff meeting will include a review of the proposed scope of work and determine the anticipated schedule, check-in dates, and anticipated final deliverable date. The Contract Administrator will determine how to best coordinate assistance that may be required of the City when the Contractor is completing the study. The Contractor will present their plan and methods for gathering peer city and industry standard data. Task 2. Gathering of Data: Building Characteristics and Custodial Services Data Collecting The Contractor will conduct efforts to accurately determine the following: City of Carlsbad custodial workforce (number of staff and total hours) dedicated to each building per day; the building characteristics of the locations being serviced; and review the City of Carlsbad custodial factors and building characteristics to peer cities and industry standards. A. The Contractor will collect data on each of the City of Carlsbad buildings referenced in Exhibit 'B." Specific building information will be captured as subcategories of the individual buildings. These subcategories include but are not limited to: building square footage, building use, number of amenities (size and counts of restrooms, kitchens, coffee nooks, locker rooms, workout rooms, showers, etc.), hours of operation, number of employees working in each building(s), if community services are offered, average public visits per day, number of public restrooms, and neighborhood population/density for all City of Carlsbad buildings listed in Exhibit "B." B. The Contractor will capture the city's actual custodial hours worked for each building and will identify if the dedicated employees are full-time, part-time, temporary or contracted staff status. C. The Contractor will visit all sites and interview custodial personnel and contractors to determine the level of service detail provided. City Attorney Approved Version 6/12/18 8 PSA 19-642GS D. Where possible The Contractor will incorporate into the study, citizen walk-in traffic counts (data provided by City Contract Administrator). E. The Contractor will compile a GIS-based database file of the City of Carlsbad facilities that serve the public using Collector for ArcGIS to determine and illustrate service needs based on nearby population densities near each facility. F. The Contractor will collect matching data points (where possible) from peer cities. Peer city data points will include frequency and level of custodial services per building size, use, and any other determinable building or staffing characteristic. G. The Contractor will provide weekly check-in updates to the Contract Administrator following the Kickoff Meeting until the full scope of the study is complete. Task 3. Report on Findings and Recommendations For each of the facilities, the Contractor will build a spreadsheet of the factors and data points described above. This database may help identify the contributing factors and variances in custodial services and productivity, which may be useful when reviewing City of Carlsbad custodial standards to industry and or peer city st~ndards. The goal of this task would be to offer a comprehensive analysis of the city provided ( or contracted) custodial services per city building, taking into consideration each building's.characteristics. The Contractor will report on all buildings/locations listed in Exhibit B. A The Contractor will identify dissimilarities In custodial services provided, and report what buildings are above or below the mean of dedicated custodial hours/building characteristics. B. The Contractor will determine adequate, dedicated custodial cleaning based on industry standards (i.e., dedicated custodia! hours per building) and will review the City of Carlsbad to these standards, and to peer cities. C. Where possible, the Contractor will document what buildings may benefit from adjustments to levels of service based on the information gathered in this study. D. The Contractor will attempt to determine causes and variances in productivity or level of custodial service. Where possible, th~ Contractor will estimate labor costs per building, budget commitments and cost for regular and on-call custodial services. E. The Contractor will identify critical considerations that may affect the efficiency and productivity of custodial staff performance. F. Finally, the Contractor will provide a report of the findings and offer recommendations to improve custodial services. The report will consist of a narrative description of the approach, methodology, and findings of the custodial study, and be accompanied by a database file in Excel and GIS-compatible formats of data collected during this project for future use by the City. A draft of the report would be presented to Contract Administrator for review and comment, after which, the Contractor will submit a final report and any digital records and data compiled as part of this study. City Attorney Approved Version 6/12/18 9 PSA 19-642GS EXHIBIT "8" LOCATIONS CONSIDERED City of Carlsbad Buildings/Locations Considered for Custodial Service Study Item Citv of Carlsbad Location (# of individual No. buildings at the lo~ation) Sq. Feet Service Days Address ' 1-4 Alga Norte Community Center (4) 14,078 Sun -Sat (7) 6565 Alicante Rd. -Aquatics Buildings 5 Alga Norte Community Park 640 Sun -Sat (7) 6565 Alicante Rd Skate Park Restroom 6 Alga Norte Community Park ' 640 Sun -Sat (7) 6565 Alicante Rd -Basketball Restroom 7 Alga Norte Community Park 640 Sun -Sat (7) 6565 Alicante Rd -Baseball Restroom 8 Arts Office 1,843 Mon -Fri (5) 2955 Elmwood Ave 9 Aviara Community Park 864 Sun -Sat (7) 6435 Ambrosia Lane -Baseball Restroom 10 Aviara Community Park 864 Sun -Sat (7) 6435 Ambrosia Lane -Soccer Restroom 11 Beach Bluff at Pine 200 Sun -Sat (7) Carlsbad Blvd & Pine Ave 12 Calavera Park 48 Sun -Sat (7) Unisex Single 13 Calavera Park Blockhouse 442 Sun -Sat (7) 2997 Glasgow Drive 14 Calavera Community Center 17,400 Sun -Sat (7) 2997 Glasgow Dr. 15 Chase Field 234 Sun -Sat (7) 3349 Hardinq Street 16 City Hall North 7,000 Mon -Fri (5) 1200 Carlsbad Villaqe Dr. 17 City Hall South 6,500 Mon -Fri (5) 1200 Carlsbad Villaqe Dr. 18 Council Chambers 2,500 Mon -Fri (5) 1200 Carlsbad Villaqe Dr. 19 Cole Library 25,033 Sun -Sat (7) 1250 Carlsbad Village Dr. 20 Dove Library 73,537 Sun -Sat (7) 1775 Dove Lane 21 Granary 572 Sun -Thurs (5) 2659 Garfield Street 22 Faraday Administration Office Building 68,000 Mon -Fri (5) 1635 Faraday Ave 23 Fire Station 1 4,000 Sun -Sat (7) 1275 Carlsbad Village Dr. 24 Fire Station 2 3,650 Sun -Sat (7) 1906 Arenal Rd City Attorney Approved Version 6/12/18 10 PSA 19-642GS Item Citv of Carlsbad Location l# of individua No. buildings at the location) Sg: Feet Service Da~s Address 25 Fire Station 3 11,311 Sun -Sat (7) 3465 Trailblazer Way 26 Fire Station 4 3,718 Sun -Sat (7) 6885 Batiquitos Lane 27 Fire Station 5 12,709 Sun -Sat (7) 2540 Orion Way 28 Fire Station 6 6,252 Sun -Sat (7) 7201 Rancho Santa Fe Rd. 29-Harding Community Center (3) 12,392 Sun -Sat (7) 31 3096 Harding Street 32 Heritage Hall 1,680 Sun -Sat (7) 2650 Garfield Street 33 Hidden Canyon 972 Sun -Sat (7) 2685 Vancouver 34 Holiday Park 401 Sun -Sat (7) 3235 Eureka Place -West Restroom 35 Holiday Park 800 Sun -Sat (7) 3235 Eureka Place -East Restroom 36 Holiday House 855 Sun -Thurs (5) 3235 Eureka Place 37 Kruger House 1,250 Sun -Thurs (5) 3215 Eureka Place 38 La Costa Canyon Park 340 Sun -Sat (7) La Costa Ave at Pueblo Rana Ct. 39 Laguna Riviera Park 200 Sun -Sat (7) Kelly and Park Drive 40-Leo Carrillo Ranch (7) 8,543 Bldgs. Fri -Sun (3) 46 6200 Flying LC Lane 1,818 Walkways 47-Leo Carrillo Ranch (3 public Restrooms) 937 Sun -Sat (7) 49 6200 Flying LC Lane 50 Leo Carrillo Ranch (Corral) 2300 Sun -Sat (7) 6200 Flying LC Lane 51 Library Learning Center 20,000 Mon -Fri (5) 3368 Eureka Pl 52 Magee House 4,089 Sun -Thurs (7) 258 Beech Avenue 53 Magee Park 234 Sun -Sat (7) 258 Beech Avenue 54-Municipal Water District (2) 19,000 Mon -Fri (5) 55 5950 El Camino Real 56 Parks Administration 504 Sun -Thurs (5) 1166 Carlsbad Village Drive 57 Parks Modular/Break Room 2,474 Sun -Thurs (5) 1166 Carlsbad Village Drive 58 Pine Community Center 20,000 Sun -Sat (7) 3209 Harding St. 59 Pine Park 261 Sun -Sat (7) 3600 Harding City Attorney Approved Version 6/12/18 11 PSA 19-642GS Item Citv of Carlsbad Location (# of individual! No. buildings at the location) i Service Days I Sg. Feet I Address 60-Poinsettia Park (2 restrooms) 856 Sun -Sat (7) 61 6600 Hidden Valley Road 62 Railroad Depot 1,608 Sun -Sat (7) 400 Carlsbad VillaQe Drive 63 Safety Center 55,027 Sun -Sat (7) 2560 Orion Way 64-Safety Training Center (full campus) 45,501 Sun -Sat (7) 66 5750 Orion St. 67 Scout House 1,908 Sun -Thurs (5) 3225 Eureka Place 68 Senior Center 31,895 Sun -Sat (7) 799 Pine Ave 69 Skate Park 180 Sun -Sat (7) 2560 Orion Way 70-Stagecoach Park (2 restrooms) 756 Sun -Sat (7) 71 3420 Camino de los Coches 72 Stagecoach Community Center 17,400 Sun -Sat (7) 3420 Camino de los Coches 73-Streets & Facilities Admin (3) 10,050 Mon -Fri (5) 75 405 Oak Avenue 76 Tamarack 900 Sun -Sat (7) Carlsbad Blvd and Tamarack City Attorney Approved Version 6/12/18 12 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/6/2018 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER '-VN R'-Erica Hornaday NAME: The Empire Company PHONE I rt~. Nol: IAff" .,n ~ .... 550 North Park Center Drive ~t1l~~ss: ehornaday@empire-co.com Suite 205 INSURER(Sl AFFORDING COVERAGE NAIC # Santa Ana CA 92705 INSURER A: Sentinel Insurance Company, LTD 11000 INSURED INSURERB:Hartford Accident and Indemnity Compan} 22357 RSG, Inc. INSURER C: Underwriters at Lloyds of London 309 w. Fourth Street INSURER D: INSURER E: Santa Ana CA 92701 INSURER F: COVERAGES CERTIFICATE NUMBER:2018/2019 Updt Ma,ster 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 ADDL SUBR POLICY EFF ,~~~~iM~~\ LIMITS LTR •••~n ·un,n POLICY NUMBER IMM/DDIYYYY\ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE W OCCUR DAMAGE 10 REN I cu A PREMISES (Ea occurrence) $ 1,000,000 -72SBAAQ7019 1/1/2018 1/1/2019 MED EXP (Any one person) $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER· GENERAL AGGREGATE $ 2,000,000 Fl □PRO-DLoc PRODUCTS· COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 <Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ A -ALL OWNED -SCHEDULED 72SBAAQ7019 1/1/2018 1/1/2019 BODILY INJURY (Per accident) $ AUTOS AUTOS --X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) --$ X UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ 2,000,000 >-- A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED I X I RETENTION $ 10,000 72SBAAQ7019 1/1/2018 1/1/2019 $ WORKERS COMPENSATION X I ~~fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) 721iECVK8727 1/1/2018 1/1/2019 E.L DISEASE· EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE· POLICY LIMIT $ 1,000,000 C ERRORIS & OMISSIONS ATR1800627 3/1/2018 3/1/2019 LIMIT/AGGREGATE 2,000,000 CLAIMS MADE RETENTION 10,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached~ more space is required) The City of Carlsbad is named as additional insured with primary non-contributory wording with respect to General Liability per form SS00080405 attached as required by written contract. Waiver of subrogation applied to Workers Compensation per form WC040306 attached as required by written contract. CERTIFICATE HOLDER CANCELLATION Janean.Hawney@carlsbadca.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD 1635 Faraday Carlsbad, I ACORD 25 (2014/01) INS025 (201401) CA Ave. 92008 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Erica Hornaday/ERICA f/ua,~ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension -Supplernentary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 3. Financial Responsibility Laws 4. Legal Action Against Us 5. Separation Of Insureds 6. Representations 7. Other Insurance 8. Transfer Of Rights Of Recovery Against Others To Us F. OPTIONAL ADDITIONAL INSURED COVERAGES Additional Insureds G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS Form 55 00 08 04 05 15 15 16 16 16 16 16 17 18 18 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA PolicyNumber: 72 WEC VK8727 EndorsementNumber: Effective Date: 0 1 / 0 1 / 18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: RSG, INC. 309 W 4TH ST SANTA ANA, CA 92701 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 11/ 11/ 1 7 Job Description AS REQUIRED BY WRITTEN CONTRACT. ----------------,------Authorized Representative Policy Expiration Date: 01/01/19