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HomeMy WebLinkAboutUnited Site Services of California Inc dba United Site Services; 2017-06-22;AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PORTABLE RESTROOM RENTAL AND SERVICES FOR OUTDOOR EVENTS WITH UNITED SITE SERVICES OF CALIFORNIA, INC. DBA UNITED SITE SERVICES This Amendment No. 2 is entered into and effective as of the l'J..o.¥A, day of :5 \AY\SL::-, 2019, extending and amending the agreement dated June 22, 2017 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and United Site Services of California, Inc., a Corporation, ("Contractor") (collectively, the "Parties") for providing portable restroom rental and services for large-scale outdoor events during 2019 TGIF Concerts in the Parks events. RECITALS A. On June 27, 2018, the Parties executed Amendment No. 1 to extend the Agreement to provide security staff and services during the 2018 TGIF Concerts in the Parks events for a period ending June 22, 2019; and B. The Parties desire to amend the Agreement's scope of work and to extend the Agreement for a period of one year. C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A"; Scope of Services and Fees. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the above recitals are incorporated herein by the reference. 2. Pursuant to section 2 of the Agreement, the term of the Agreement is hereby extended for an additional year, through and including June 22, 2020. Contractor will provide the services described in Exhibit "A," attached hereto and incorporated by reference. 3. City will pay Contractor for all work associated with the services described in Exhibit "A," attached hereto. The total compensation for all services required to be performed by Contractor, as contained in Exhibit A, shall not exceed seven thousand dollars ($7,000). Contractor will provide City invoices sufficiently detailed to include and related activities and costs. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. 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. City Attorney Approved Version 1 /30/13 6. 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, Adam W. Jacobs. Vice President (print nameititle) By: /"'" q;~<~ ... ··· ( (sig~ere) Scott Jamroz, CFO ----------(print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATHER PIZZOO Library & Cultural Arts Director ATTEST: Q --- ?l .t-~ (vw-r 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: u~ ---'--------'--------Assistant City Attorney City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Portable restroom rentals and services during 2019 TGIF Concerts in the Parks series. All services include delivery, setup, service of units and removal. June 21, 28 and July 5, 2019 Stagecoach Community Park 1 0ea Deluxe Restrooms 3420 Camino de los Caches, Carlsbad, CA ADA Wheelchair Accessible 2ea Restrooms 10ea 2ea 1ea Containment Pans Hand Sanitizer Stations HoUCold Sink with 150 Gallon Water Tank 40 ea Fence-Barricades July 12 and 19, 2019 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad CA 12ea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 12ea Containment Pans 2ea Hand Sanitizer Stations HoUCold Sink with 150 Gallon Water 1ea Tank 40 ea Fence-Barricades July 26 and August 2, 2019 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad CA 1 0ea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 1 0ea Containment Pans 2ea Hand Sanitizer Stations 1 ea HoUCold Sink with 150 Gallon Water Tank 40 ea Fence-Barricades $1,595.83 $275.00 $1,433.60 $275.00 $1,370.73 $275.00 City Attorney Approved Version 1/30/13 -------------------------------------------------------------------- $1,465.55 August 9 and 16, 2019 Alga Norte Community Park 6565 Alicante Road, Carlsbad CA 12ea Deluxe Restrooms ADA Wheelchair Accessible 2ea Restrooms 12ea 2ea 1ea Containment Pans Hand Sanitizer Stations Hot/Cold Sink with 150 Gallon Water Tank 40 ea Fence-Barricades ----------------------------- $275_00 Total Cost: $6,965.71 All restrooms, when delivered, will be secured on site, either together with a chain or chained to a fence located on site as determined by City and Contractor. Combination or keyed locks will be provided by Contractor for each restroom at no extra charge. The Contractor will provide itemized invoices at the completion of each site's services. All work will be coordinated and verified by Community Coordinator Megan Gilby or designee. Final invoice approval will be completed by City's Library & Cultural Arts Director or designee. City Attorney Approved Version 1/30/13 Page 1 of 2 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 06/11/2019 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(s). PRODUCER CONTACT NAME: Willis of Greater Kansas, Inc. f.~~)N•7~ c-•· 1-877-945-7378 I FAX 1-888-467-2378 c/o 26 Century Blvd IAJC Nol: P.O. Box 305191 ~t1cfJ~ss: certif ica tes@willi s . com Nashville, TN 372305191 USA INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A: Safety National Casualty Corporation 15105 INSURED INSURER B: XL Specialty Insurance Company 37885 United Site Services of California, Inc. 118 Flanders Road, Suite 1000 INSURERC: Evanston Insurance Company 35378 Westborough, MA 01581 INSURER D: Allied World Assurance Company US Inc 19489 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W11596934 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 ADDL SUBR ,~~ME~, tOLICY EXP LTR TYPE OF INSURANCE INC:n wvn POLICY NUMBER MM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ □ CLAIMS-MADE 0 OCCUR DAMAGE TU RENTED PREMISES /Ea occurrence) $ 1,000,000 A MED EXP (Any one person) $ 10,000 ~ y y 11/03/2018 11/03/2019 GL4057787 PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 3,000,000 <Ea accident\ ~ / X ANY AUTO BODILY INJURY (Per person) $ A ~ OWNED -SCHEDULED y y AUTOS ONLY AUTOS CAS4047379 11/03/2018 11/03/2019 BODILY INJURY (Per accident) $ ~ HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident\ $ ~ -$ X UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 1,000,000 B ~ EXCESS LIAB CLAIMS-MADE y US00076933LI18A 11/03/2018 11/03/2019 AGGREGATE $ 1,000,000 ✓ OED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION XI ~ffTUTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N A ANYPROPRIETOR/PARTNER/EXECUTIVE EJ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A y LDS4047370 11/03/2018 11/03/2019 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Pollution MKLV5ENV101188 09/19/2018 09/19/2019 Per Incident $1,000,000 ✓ Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) This Voids and Replaces Previously Issued Certificate Dated 04/17/2019 WITH ID: W10967017. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT)CE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROV)SIONS. City Of Carlsbad, Library and AUTHORIZED REPRESENTATIVE Cultural Arts Department 1775 Dove Lane ~\~ Carlsbad, CA 92011 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 18098502 BATCH: 1237536 AGENCY CUSTOMER ID: __________________ _ LOC#: ---------- ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED United Site Services of California, Inc. Willis of Greater Kansas, Inc. 118 Flanders Road, Suite 1000 POLICY NUMBER Westborough, MA 01581 See Page 1 CARRIER I NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance City Of Carlsbad, Library and Cultural Arts Department is included as an Additional Insured as respects to General Liability, Auto Liability and Umbrella/Excess Liability per written contract. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured per written contract. Waiver of Subrogation applies in favor of City Of Carlsbad, Library and Cultural Arts Department with respects to General Liability, Auto Liability and Workers Compensation per written contract and as permitted by law. INSURER AFFORDING COVERAGE: Allied World Assurance Company US Inc POLICY NUMBER: 0311-5276 EFF DATE: 09/19/2018 EXP DATE: 09/19/2021 TYPE OF INSURANCE: Environmental Site Liability LIMIT DESCRIPTION: Per Incident Aggregate LIMIT AMOUNT: $1,000,000 $1,000,000 NAIC#: 19489 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 18098502 BATCH: 1237536 CERT: W11596934 POLICY NUMBER: GL 4 Os 7 7 8 7 I COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract or All Locations of Insured's Operations agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: GL 4 o 5 7 7 8 7 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) Location And Description Of Completed Or Organization(s) Operations As required by written contract or All Locations of Insured's Operations agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. 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. 8. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT -PRIMARY BASIS This endorsement modifies insurance provided under the following Coverage Form: COMMERCIAL GENERAL LIABILITY PRODUCTS/COMPLETED OPERATIONS LIABILITY LIQUOR LIABILITY POLLUTION LIABILITY This endorsement changes the policy effective on the inception date of the policy unless another endorsement effective date is indicated below. SCHEDULE Name of Additional Insured Person(s) or OrQanization(s): As required by written contract or agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. DesiQnated Project, Location, or Work of Covered Operations: As per written contract or agreement with the above described person(s) or organization(s). CHANGES SECTION II -WHO IS AN INSURED is amended to include: 4. The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional lnsured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for "bodily injury", "property damage" or "personal and advertising injury" caused by your acts or omissions while actively engaged in the performance of your ongoing operations involving the project(s), locations(s), or work designated in the Schedule and as specified in the contract between you and the above scheduled Additional lnsured(s). b. The insurance afforded under this Coverage Form to such Additional lnsured(s) applies only: (1) If the "occurrence" or offense takes place subsequent to the execution and effective date of such written contract: and, (2) While such written contract is in force, or until the end of the policy period, which ever occurs first. c. How Limits Apply to Additional lnsured(s) The most we will pay on behalf of the Additional lnsured(s) scheduled above is the lesser of: (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of Insurance provided by the Coverage Form. SNGL 023 1209 Safety National Casualty Corporation Page 1 of 2 The amount we will pay on behalf of such Additional lnsured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. d. Obligations at the Additional lnsured's Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. SECTION IV -CONDITIONS is amended by deleting item a. Primary Insurance under 4. Other Insurance and replacing such item by the following, only with respect to insurance provided to the Additional lnsured(s) shown in the above Schedule: a. Primary Insurance and/or Primary and Non-Contributory Insurance This insurance is primary if you have agreed in a written contract that this insurance is to be primary. If you have agreed in a written contract that this insurance is primary and non-contributory with the Additional lnsured(s) own insurance, this insurance is primary and we will not seek contribution from that other insurance. The Additional lnsured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11 / o 3 / 2 o 18 Policy No. GL 4057787 Namedlnsured UNITED SITE SERVICES, INC. Insurance Company Safety National Casualty Corporation Endorsement No. Premium$ Included Countersigned By ______________ _ Page 2 of2 Safety National Casualty Corporation SNGL 023 1209 POLICY NUMBER: GL 4057787 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an occurrence, offense or loss to which this endorsement applies. Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Orqanization(s): Person(s) or Organization(s) as required by written contract. Any individually scheduled Designated Additional Insured shall not be construed to override nor negate this blanket Designated Additional Insured. CHANGE The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: (1) Insurance for such Additional lnsured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for "bodily injury" or "property damage" arising out of your operations and resulting from the ownership, maintenance or use of covered "autos" by you while the covered "autos" are on premises owned or leased by the above scheduled Additional lnsured(s). (2) The insurance afforded under this Coverage Form to such Additional lnsured(s) applies only: (a) If the "accident" takes place subsequent to the execution and effective date of such written contract: and, (b) While such written contract is in force, or until the end of the policy period, which ever occurs first. (3) How Limits Apply to Additional lnsured(s) The most we will pay on behalf of the Additional lnsured(s) scheduled above is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or, (b) The Limits of Insurance provided by the Coverage Form. The amount we will pay on behalf of such Additional lnsured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. (4) Exclusions (a) This endorsement does not apply to liability of the Additional Insured which arises out of the ownership of transportation operating rights granted to the Additional Insured by public authority. (b) This endorsement does not apply to the liability of the owner or anyone else from whom you hire or borrow a covered auto. SNCA 026 10 13 Safety National Casualty Corporation Page 1 of 2 (5) Obligations at the Additional lnsured's Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. The Additional lnsured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11 / o 3 / 2 o 1 s Policy No. CAS4 04 7 37 9 Endorsement No. Named Insured UNITED SITE SERVICES, INC. Premium$ Included Insurance Company Safety National Casualty Corporation Countersigned By _____________ _ Page 2 of 2 Safety National Casualty Corporation SNCA 02610 13 COMMERCIAL AUTO CA 04491116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" isa Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". This endorserrent changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequentto preparation of the policy.) Endorsement Effective 11/03/2018 Policy No. CAS4047379 Endorsement No. Named Insured UNITED SITE SERVICES, INC. Premium$ Included Insurance Company Safety National Casualty Corporation Countersigned By _____________ _ CA 04491116 © Insurance Services Office, Inc., 2016 Page1of1 THIS ENDORSEMENT CHANGES THE POLICY. PLE~E READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE Name Of Person Or Organization: Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an accident to which this endorsement applies. Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver. Information reauired to comolete this Schedule if not shown above will be shown in the Declarations. CHANGE We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". This waiver applies only to the person or organization shown in the Schedule above. This endorserrent changes the policy to which rt is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequentto preparation of the policy.) Endorsement Effective 11/03/2018 Policy No. CAS4047379 Endorsement No. Named Insured UNITED SITE SERVICES, INC. Premium$ Included Insurance Company Safety National Casualty Corporation Countersigned By _____________ _ SNCA 02710 13 Safety National Casualty Corporation Page 1 of1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT, SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY. INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11 / o 3 / 2 o 18 Insured UNITED SITE SERVICES, INC. PolicyNo. LDS4047370 Insurance Company Safety National Casualty Corporation Endorsement No. Premium$ Included Countersigned By _____________ _ WC 00 03 13 (04 84) Page 1 of 1 © 1983 National Council on Compensation Insurance. AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PORTABLE RESTROOM RENTAL AND SERVICES FOR OUTDOOR EVENTS WITH UNITED SITE SERVICES OF CALIFORNIA, INC. DBA UNITED SITE SERVICES This Amendment No. 1 is entered into and effective as of the 2.._~ day of Su,/\. q_ , 2018, extending and amending the agreement dated June 22, 2017 (the~greement") by and between the City of Carlsbad, a municipal corporation, ("City"), and United Site Services of California, Inc., a Corporation, ("Contractor") (collectively, the "Parties") for providing portable restroom rental and services for large-scale outdoor events during 2018 TGIF Concerts in the Parks events. RECITALS A. On June 22, 2017, the Parties entered into a one year Agreement for TGIF Concerts in the Parks security staff and services; and B. The Parties desire to amend the Agreement's scope of work and to extend the Agreement for a period of one year. C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A"; Scope of Services and Fees. NOW, THEREFORE, in consideration of these recitals and the mutuai covenants contained herein, City and Contractor agree as follows: 1. That the above recitals are incorporated herein by the reference. 2. Pursuant to section 2 of the Agreement, the term of the Agreement is nereby extended for an additional year, through and including June 22, 2019. Contractor will provide the services described in Exhibit "A," attached hereto and incorporated by reference. 3. City will pay Contractor for all work associated with the services described in Exhibit "A," attached hereto. The total compensation for all services required to be performed by Contractor, as contained in Exhibit A, shall not exceed eight thousand dollars ($8,000). Contractor will provide City invoices sufficiently detailed to include and related activities and costs. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. 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 ~his Amendment. City Attcrney Approved Version 1 /30/13 6. 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: (sign1rere) Adam W. Jacobs, Vice President (print name/title) By: (sign here) Edward Simoneau CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Library & Cultural Arts Director ATTEST: n -#~uL 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: c.Lk~ -~-----------~ City Attorney a;1;- City Attorney Approved 1/ersion 1/30/, 3 EXHIBIT "A" SCOPE OF SERVICES Portable restroom rentals and services during 2018 TGIF Concerts in the Parks series. June 22, 29 and July 6, 2018 $2,103.20 Stagecoach Community Park 1 Oea Deluxe Restrooms 3420 Camino de los Coches, Carlsbad, CA 2ea ADA Wheelchair Accessible Restrooms 10ea Containment Pans 2ea Hand Sanitizer Stations 1 ea HoUCold Sink with 150 Gallon Water Tank 40 ea Fence-Barricades Services include: Delivery, setup, service of units, and removal. July 13 and 20, 2018 $1,990.60 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad CA 12ea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 12ea Containment Pans 2ea Hand Sanitizer Stations 1 ea HoUCold Sink with 150 Gallon Water Tank 40 ea Fence-Barricades Services include: Delivery, setup, service of units, and removal. July 27 and August 3, 2018 $1,895.20 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad CA 1 Oea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 1 Oea Containment Pans 2ea Hand Sanitizer Stations 1ea HoUCold Sink with 150 Gallon Water Tank 40 ea Fence-Barricades Services include: Delivery, setup, service of units, and removal. City Attorney Approved Version 1i30/13 $1,990.60 August 10 and 17, 2018 Alga Norte Community Park 6565 Alicante Road, Carlsbad CA 12ea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 12ea 2ea 1ea Containment Pans Hand Sanitizer Stations Hot/Cold Sink with 150 Gallon Water Tank 40 ea Fence-Barricades Services include: Delivery, setup, service of units, and removal. All restrooms, when delivered, will be secured on site, either together with a chain or chained to a fence located on site as determined by City and Contractor. Combination locks will be provided by Contractor for each restroom at no extra charge. The Contractor will provide itemized invoices at the completion of each site's services. All work will be coordinated and verified by Community Coordinator Megan Gilby or Designee prior to approving invoices. City Attorney Approved Version 1 i30/13 AGREEMENT FOR PORTABLE RESTROOM RENTAL AND SERVICES UNITED SITE SERVICES OF CALIFORNIA, INC. DBA UNITED SITE SERVICES J;HIS AGREEMENT is made and entered into as of the J!2n j day of (:r~ , 2017, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"}, and United Site Services of California, Inc. DBA United Site Services, a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in providing portable restroom rental and services for large-scale outdoor events. B. Contractor has the necessary experience in providing professional services and advice related to portable restroom rental and services. C. Contractor has submitted a proposal to 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective from the date first written above, for a period of one (1) year with up to two (2) optional one (1) year extensions for a total of three (3) years. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed five thousand, five hundred eighty dollars ($5,580). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. 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' City Attorney Approved Version 4/1/15 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. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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 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, in an amount of not less than one million dollars ($1 ,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. 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 four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. City Attorney Approved Version 4/1/15 2 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. 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 lJn\i)..eO s,\-\e_. ~0~ CITY OF CARLSBAD, a municipal Cl(-~ '""k..lc V"' ~.) ~ . corporation of the State of California By: By: ----~~~===r~si~~;~h~er=e>========~--~~JJ:~~~ Library & Cultural Arts Director Adam W. Jacobs • SecntlrY (print name/title) By: (sign here) tD Sfrxx\eBu -Irt~A~ (print name/title) 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: City Attorney Approved Version 4/1/15 3 EXHIBIT "A" SCOPE OF SERVICES Portable restroom rentals and services during 2017 TGIF Concerts in the Parks series. June 23 and 30, 2017 $1,208.42 Stagecoach Community Park 3420 Camino de los Coches, Carlsbad, CA 1 Oea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 1 Oea Containment Pans 2ea Hand Sanitizer Stations 1ea Hot/Cold Sink with 150 Gallon Water Tank Services include: Delivery, setup, service of units, secure units, and removal. July 7, 14 and 21, 2017 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA 12ea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 12ea Containment Pans 2ea Hand Sanitizer Stations 1 ea Hot/Cold Sink with 150 Gallon Water Tank Services include: Delivery, setup, service of units, secure units, and removal. $1,549.50 July 28 and August 4, 2017 $1,208.42 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA 1 Oea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 1 Oea Containment Pans 2ea Hand Sanitizer Stations 1 ea Hot/Cold Sink with 150 Gallon Water Tank Services include: Delivery, setup, service of units, secure units, and removal. August 11 and 18, 2017 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA 12ea Deluxe Restrooms 2ea ADA Wheelchair Accessible Restrooms 12ea Containment Pans 2ea Hand Sanitizer Stations 1ea Hot/Cold Sink with 150 Gallon Water Tank Services include: Delivery to site and units must be dolly up to location, setup, service of units, secure units, and removal. $1,604.50 City Attorney Approved Version 4/1/15 4 All restrooms when delivered will be secured on site, either together with a chain or chained to a fence located on site as determined by City and Contractor. Combination locks will be provided by Contractor for each restroom at no extra charge. The Contractor will provide itemized invoices at the completion of each site's services. All work will be coordinated and verified by Community Coordinator Megan Gilby prior to approving invoices. City Attorney Approved Version 4/1/15 5