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HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2015-09-15; PEM1255 PEM1255 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR ROOF MAINTENANCE AND INSPECTION WEATHERPROOFING TECHNOLOGIES, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2019, extending and amending the agreement dated September 15, 2015 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Weatherproofing Technologies, Inc., a Delaware corporation, (“Contractor") (collectively, the “Parties”) for roof maintenance and inspection. RECITALS A. On August 28, 2017, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for two (2) years and alter the scope of work, removing repair services from the Agreement; and B. The Parties desire to alter the Agreement’s scope of work to add bi-annual maintenance and inspection services to Pine Avenue Community Center, Fire Station No. 3, the Hawthorne Building, and the butler building located at Fire Station No. 1; and C. The Parties desire to extend the Agreement for a period of two (2) years; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed eighty-five thousand six hundred four dollars ($85,604). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed twelve thousand seven hundred six dollars ($12,706) per Agreement year. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by September 14, 2021. 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. DocuSign Envelope ID: 7484AF12-9425-4A36-B7B4-8040EC28E89C 13thSeptember PEM1255 City Attorney Approved Version 1/30/13 2 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, WEATHERPROOFING TECHNOLOGIES, INC., a Delaware corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Paul Hoogenboom / President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Brian J. Stack / Assistant 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: 7484AF12-9425-4A36-B7B4-8040EC28E89C PEM1255 City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE This Amendment provides for the following two changes to Bid Item No.4: - Increase cost of City-Wide Preventative Maintenance & Inspection 7%. - Add four (4) facilities to the City-Wide locations listed in Exhibit “C” of the original agreement. Description *Estimated Quantity and Units Unit Price Annual Total City-Wide Preventative Maintenance & Inspection 7% Increase $1,527.00 Lump Sum Per Inspection X2 $3,054.00 (Extended Amount) Fire Station No. 3 3465 Trail Blazer Way 3 Flat and 3 Sloped Roofs 13,500 Square Feet $1,426.00 Lump Sum Per Inspection X2 $2,852.00 (Extended Amount) Pine Community Center 3209 Harding Street 7 Roof Levels 15,000 Square Feet $1,980.00 Lump Sum Per Inspection X2 $3,960.00 (Extended Amount) Fire Station No. 1 (Butler Building) 1275 Carlsbad Village Drive 1 Roof 3,000 Square Feet $580.00 Lump Sum Per Inspection X2 $1,160.00 (Extended Amount) Hawthorne Building 2065 Camino Vida Roble 3 Roof Levels 7,500 Square Feet $840.00 Lump Sum Per Inspection X2 $1,680.00 (Extended Amount) Total Annual Increase Per This Amendment $12,706.00 Previous Annual Agreement Total Per Amendment No.1 $72,898.00 New Annual Agreement Total $85,604.00 DocuSign Envelope ID: 7484AF12-9425-4A36-B7B4-8040EC28E89C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 2,000,000 04/01/2020 GLO925879112 Manashi Mukherjee X EWS596599511 (Excess OH) CLE-006005009-23 1,000,000 WC925878812 (AOS) X 40142 of Marsh USA Inc. N X04/01/2019 25 04/01/2020BAP925878912 A 4,000,000 2,000,000 X Excess Ohio SIR: $500,000 N/A American Zurich Insurance Company 1,000,000 X X SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED(S) UNDER THE GENERAL LIABILITY. GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS COMPENSATION POLICIES. 03/29/2019 WEATH 04/01/2019 04/01/2019 CITY OF CARLSBAD AND CMWD ARE NAMED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. THE INSURANCE AFFORDED UNDER THE GENERAL LIABILITY POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED X 04/01/2019 Carlsbad, CA 92008 City of Carlsbad/CMWD (S) IS NON-CONTRIBUTORY. PER COVERAGE FORM, AUTO COVERAGE WILL APPLY ON A PRIMARY NON-CONTRIBUTORY BASIS WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF A A N/A CN102302710-CAS-FRONT-19-20 10,000 04/01/2020 1,000,000 B 4,000,000 16535 1,000,000 1,000,000 WC925879012 (MA, WI, PR) 200 Public Square, Suite 3760 Marsh USA Inc. Cleveland, OH 44114-1824 Tremco Incorporated And Its Subsidiaries Weatherproofing Technologies, Inc. Beachwood, OH 44122 3735 Green Rd. 04/01/2019 1635 Faraday Avenue A 04/01/2020 04/01/2020 Zurich American Insurance Company AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR ROOF MAINTENANCE AND INSPECTION SERVICES WEATHERPROOFING TECHNOLOGIES, INC. PEM1255 ent No. 1 is entered into and effective as of the ci gilJ day of -"=~,..._ ....... ~.......,__.L--____ , 2017, extending and amending the agreement dated 5, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Weatherproofing Technologies, Inc., a Delaware corporation, ("Contractor") (collectively, the "Parties") for roof maintenance and inspection. RECITALS A. The Parties desire to alter the Agreement's scope of work to remove repair services from the Agreement; and B. The Parties desire to extend the Agreement for a period of two (2) years; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in 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. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed seventy-two thousand eight hundred ninety eight dollars ($72,898). 2. Contractor will complete all work described in Exhibit "A" by September 15, 2019. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1 /15 PEM1255 5. 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 WEATHERPROOFING TECHNOLOGIES, INC., a Delaware corporation (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California L!Jit/JAtl lJrvmm. ·re tri> (print name/t~le) 17tuurtr ATTEST: \j /'(Y]~t 11¾_ 71L>f> )L. BARBARA ENGLESON U .. ..._ 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:_~-~-· _ _______,....___ Deputy City Attorney City Attorney Approved Version 4/1 /15 2 PEM1255 EXHIBIT "A" VENDOR'S PROPOSED COST OF SERVICE* The Scope of work is being amended to remove cost of parts, materials and labor related to repair work from the original contract. Correspondingly, this amendment removes from the Cost of Services and Fees, item number 1, 2, and 3. All services related to repair work (unless required in response to Contractor caused damages) is, from the date of this executed Amendment, removed from the Scope of Services/Roof Inspections and Maintenance Services and require a separate contract to complete. Item No. Description *Estimated Unit Price Annual Total Quantity and Units 4-,. Gest ef 13aFts aAe $10,000.00/year* ~ no1 ,...,.. ,_ $12,400.00 = ·-~ ---· - materials fer (*Estimatee) mark1::113 frem ($10,000 * Marl~ bl13) REPAIRS. s1::11313lier iAveioe (ExteAeed Ame1::1At) ~ 2,. Gest ef bAElQR fer $92.75 100 i,,1e1::1rs* $9,275.00 REPAIRS (MeAday 13er l=le1::1r (*Estimatee) (ExteAeed Ame1::1At) i;;riday, 8:00 (PrevailiAg VVage) AM 5:00 PM) ~ Gest ef bAElQR i;;QR $120.90 40 i,,1e1::1rs* $4,830.00 CUCDr'Cll.1/"'V DCDAI..,,.... 13er l=le1::1r (*Estimated) (ExteAded Ame1::1At) -·--· After l=le1::1rs (Pre>1ailiAg lA!age) 4. CITY WIDE Preventative $21,249.00 Lump Sum X2 $42,498.00 Maintenance per Inspection (Extended Amount) & Inspections 5. Roof Washing 100,000 SF $0.28 $28,000.00 (Estimated Price Per SF Quantity X SF Price) 6. Thermal Scan 100,000 SF $0.024 $2,400.00 (Estimated Price Per SF Quantity X SF Price ) Total $72,898.00 City Attorney Approved Version 4/1 /15 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYI ~ 03/29/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(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 CONTACT NAME: MARSH USA INC. PHONE I FAX 200 PUBLIC SQUARE, SUITE 1000 IA/C No "'•"· IA/C Nol: CLEVELAND, OH 44114-1824 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# 34492 -CAS-FRONT-17-18 WEATH INSURER A : Zurich American Insurance Company 16535 INSURED INSURER B : American Zurich Insurance Company 40142 WEATHERPROOFING TECHNOLOGIES, INC. INSURER C : N/A NIA TREMCO INCORPORATED AND ITS SUBSIDIARIES 3735 GREEN RD. INSURER D: BEACHWOOD, OH 44122 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER· CLE-004815016-10 REVISION NUMBER: 17 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 WIHICH 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 I POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE , •••~n lun,n POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY GL09258791-10 04/01/2017 04/01/2018 EACH OCCURRENCE $ 2,000,000 '--0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $ 1,000,000 MED EXP (Any one person) $ 10,000 '-- PERSONAL & ADV INJURY $ 2,000,000 '-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 Pl D PRO-DLoc PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT OTHER: $ ./ A AUTOMOBILE LIABILITY BAP9258789-10 04/01/2017 04/01/2018 COMBINED SINGLE LIMIT $ 1,000,000 ~ (Ea accident\ X ANY AUTO BODILY INJURY (Per person) $ ~ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ~ AUTOS X X NON-OWNED PROPERTY DAMAGE $ ~ HIRED AUTOS ~ AUTOS (Per accident\ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ '-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION WC9258790-10 (WI & MA) 04/01/2017 04/01/2018 X I ~\%uTE I I OTH-ER B AND EMPLOYERS' LIABILITY Y/N WC9258788-10 (AOS) 04/01/2017 04/01/2018 ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N/A 04/01/2018 (Mandatory in NH) EWS5965995-09 (EXCESS OH) 04/01/2017 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 / If yes, describe under EXCESS OHIO SIR: $500,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF CARLSBAD IS NAMED AS ADDITIONAL INSURED (EXCEPT FOR WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. THE INSURANCE AFFORDED UNDER THE GENERAL LIABILITY POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL INSURED(S) IS NON- CONTRIBUTORY. PER COVERAGE FORM, AUTO COVERAGE WILL APPLY ON A PRIMARY BASIS. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED(S) UNDER THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS COMPENSATION POLICIES. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 FARADAY AVENUE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Kevin J. Robinson-I ~~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BAP9258789-10 COMMERCIAL AUTO CA 20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 this endorsement. This endorsement identifies person(s) or organization(s) who are "Insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: RPM INTERNATIONAL INC. Endorsement Effective Date: 04-01-17 SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information reQuired to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown In the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 0.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Ses\ltces I Unifonn Foons r1.1 Coverage Extension Endorsement -Liability Only ZURICH Poffcy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'L Prem Return Prem. BAP9258789-10 04-01-17 04-01-18 04-01-17 25133-000 ------- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Fonn A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section 11-Covered Autos Liability Coverage: The following are also "insureds": a. Any ~employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee• of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance-Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident'', will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. 8. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident'' we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the "insuredff at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office. Inc., with its permission. U-CA-428-A CW {02-1-1-) Page 1 of3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wcoo 0313 {Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the poHcy to which It Is attached and is effective on the date issued unless otherwise stated. (The lnfomtatlon below Is required only when this endorsement Is Issued subaequent to preparation of the policy.} Endorsement 04-01-17 Insured: RPM International Inc. Effective Policy No. WC9258788-10 Endorsement No. Premium$ Insurance Company: American Zurich Insurance Company Coun1erslgned by ---11~111f,:A\.•!11..-,.,ct"'~ffl~bl',1H-=**-:11-""\t..,_ __ _ WC124 (4-84) wcoo 0313 Copyright 1983 Natlonaf Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms TM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC000313 (Ed. 04-84) 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 shafl not operate directly or Indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. THIS WAIVER DOES NOT APPLY IN WISCONSIN. This endorsement changes the policy to which it Is a1tached 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 04-01-17 Effective Policy No. WC9258790-10 Endorsement No. Insured: RPM INTERNATIONAL INC. Insurance Company: American Zurich Insurance Company Countersigned by Premium$ \1' ' ~ WC124 (4~84) we 000313 Copyright 1983 National Council on Compensstlcn Insurance, l11c. Page 1 of 1 Uniform Forms rM Waiver of Subrogation Endorsement Insured; RPM INTERNATIONAL INC. Policy No.: EWS5965995-09 This endorsement modifies insurance provided by the following: Endorsement No.: S Effective Date of this Endorsement: 04-0 I-17 Ex.ces.s Insurance Policy for Selr-Insurer of Workers Compensation and Employers Liability This policy is changed to provide: ~ ZURICH Part Six -Condition G -Subrogation -Recovery From Others -gives us the right to recover all payments which we have made to you from anyone liable for loss. We agree 10 waive this right but only to the extent that you perform work under a written contract which requires you to obtain this agreement. Countersigned:------------------------------------- Authorized Signature U-EW-117-BCW (6/04) Page I of I POLICY NUMBER: GLO9258791-10 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional 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 the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Forms™ @ Waiver Of Subrogation (Blanket) Endorsement ZURICH Polley No Eff Date of Pol Exp Date of Pol Eff Date of End. Producer Add'I. Prem Return Prem PLO925879l-10 04-01-17 04-01-18 tl4-0l-l 7 125133-000 S----S--- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFllLLV. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. ANY PERSON($} OR ORGANIZATION(S) AS REQUIRED BY WRITTEN CONTRACT OR A GREEM ENT U-GL-925-B CW ( 12/0 l) Page l of! / Additional Insured -Owners, Lessees Or Contractors - Scheduled Person Or Organization Poficy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add't Prem IGLO9258791-10 04-01-17 04-01-18 04-01-17 25133-000 --- @ ZURICH Return Prem. - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: RPM INTERNATIONAL INC. Address (Including ZIP Code): 2826 PEARL ROAD MEDINA, OH 44258 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Covered Operations Or Organization(s) ANY PERSON(S) OR ORGANIZATION(S) AS REQUIRED ANY LOCATION AS REQUIRED BY WRITTEN CONTRACT BY WRITTEN CONTRACT OR AGREEMENT OR WRITTEN AGREEMENT EXECUTED PRIOR TO _ass, EXCEPT WHERE SUCH CONTRACT IS PROHIBITED BY LAW A. Section II -Wllo Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above, whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured 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 or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addftional exclusion applies: Includes copyrighted material of Insurance Services Office, Inc., with Its pennisslon. U-GL·1177.f CW{04/13) Page 1 of2 This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the ''occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional archltectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purpose of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General LiablJity Condttions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence~. offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured Is the amount of insurance: 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; 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. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Seivices Office. Inc., "'1th its permission. U-GL-1177-F CW {04113) Page2 of2 PEI\/I1255 AGREEMENT FOR ROOF MAINTENANCE AND INSPECTION SERVICES WEATHERPROOFING TECHNOLOGIES, INC. ;NT is made and entered into as of the [^^^ day of _ 2015, by and between the CITY OF CARLSBAD, a municipal corpoFation, ("City"), and WEATHERPROOFING TECHNOLOGIES, INC., a Delaware corporation, ("Contractor"). RECITALS A. City requires the professional services of a roof maintenance and inspection company that is experienced in maintaining roof systems. B. Contractor has the necessary experience in providing professional services and advice related to roof maintenance and inspections. 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 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods 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 not exceed ninety nine thousand four hundred nine dollars ($99,409) per Agreement year and the guidelines set forth in Exhibit "A". 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 ninety nine thousand four hundred and nine dollars ($99,409) 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 4/1/15 PEM1255 6. WAGE RATES The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 ofthe Labor Code and section 4100 et seq. ofthe Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. 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. 8. 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. City Attorney Approved Version 4/1/15 PEM1255 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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 eariy termination of this Agreement. 11. 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 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. 11.1 Coveraae 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 thatthe limits ofthe 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. 11.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. Ifthe submitted policies contain aggregate limits, general aggregate limits will apply separately to the work underthis Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability, (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. l^lPt 11.1.4 Professional Liabilitv. 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. City Attorney Approved Version 4/1/15 PEM1255 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 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. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. 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 ofthree (3) years from the date of final payment under this Agreement. 14. 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. 15. 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. City Attorney Approved Version 4/1/15 PEM1255 16. 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 Citv For Contractor Name Bob Richardson Name Sten Johnson Title PW Supervisor Title Senior Field Advisor Department Public Works Address 3735 Green Road City of Carisbad Beachwood, OH 44122 Address 405 Oak Ave. Phone No. 858-531-5197 Carisbad Ca 92008 Email Sajohnson(gtremcoinc.com Phone No. 760-434-2994 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. 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 ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 othenwise 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 fonwarded 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. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded 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 City Attorney Approved Version 4/1/15 PEMI 255 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. 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 terminafion. If City decides to abandon or indeflnitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notificafion of terminafion. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage of work 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 temiinate 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 underthis Agreement. City will make the final determinafion as to the portions of tasks completed and the compensafion to be made. 22. 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 considerafion confingent upon, or resulfing from, the award or making of this Agreement. For breach or violafion of this warranty. City will have the rightto annul this Agreement without liability, or, in its discrefion, to deduct from the Agreement price or considerafion, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or confingent fee. 23. 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 anticipafion of litigation or in conjuncfion with lifigafion. 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 secfions 12650 ef seq., the False Claims Act applies to this Agreement and, provides for civil penalfies 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 entified to recover its lifigation 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 jurisdicfion is grounds for City to terminate this Agreement. 24. 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. City Attorney Approved Version 4/1/15 PEM1255 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respecfive 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. 26. 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 enfire Agreement and understanding between the parties relafing 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 wrifing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version 4/1/15 PEM1255 27. 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 condifions of this Agreement. CONTRACTOR WEATHERPROOFING TECHNOLOGIES, INC., a Delaware corporafion CITY OF CARLSBAD, a municipal corporation of the State of California mil (sign here) jjiir/ie Brink / Vice President, Controller (print name/fitle) (sign here) Michael Drumm / VP, CFO, Treasurer (print name/tifie) Kathryn B. Dodson /Ihterim City Manager ATTEST: BARBARA ENGLE^N 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: City Attorney Approved Version 4/1/15 PEM1255 EXHIBIT "A' CITY OF CARLSBAD ROOF INSPECTION AND MAINTENANCE SERVICES MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM" - Individual items of work in the CONTFJACTOR'S bid at an agreed price for the work. B. "CITY" - The CITY of Carisbad, California. C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representafive. D. "CONTRACT ADMINISTRATOR" - The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTFIACTOR" - The managing individual of the contracfing entity or his authorized employees or representatives. F. "FULLY OPERATIONAL" - In a condifion to undertake the funcfion to adequately run as a standby Generator. G. "PERIODIC INSPECTION" - Roufinely scheduled or randomly noticed inspecfion or audit conducted by CITY. H. "PREVENTATIVE MAINTENANCE" - Work specified in the preventative maintenance schedule of this agreement that consist of work performed by the Contractor at a fixed price cost. I. "PUBLIC WORKS DIRECTOR" - The official designated as the Public Works Director of CITY, or any of his authorized representatives. J. "REPAIRS" - Work required to maintain the serviceability of the Roof system specified under this agreement that are outside the scope of the scheduled PREVENTATIVE MAINTENANCE. REPAIR work must be authorized by the CONTFJACT ADMINSITRATOR prior to the CONTRACTOR performance. After hours REPAIRS are work outside of normal business hours as indicated in the Vendor's Proposed Cost of City Attomey Approved Version 4/1/15 PEM1255 Services Chart (Exhibit "B") and shall be compensated at the Bid Item Rate indicated in Exhibit "B". 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTFIACTOR shall perform the work described herein in a thorough and professional manner so that the City of Carisbad is provided with reliable and high quality Roof inspecfion and Maintenance services at all fimes. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, parts and materials necessary, unless specifically excluded herein, to perform preventafive maintenance at the Bid Item price. 1.03 The CONTRACTOR shall furnish, at CONTFJACTOR'S own expense, tools and equipment necessary, unless specifically excluded herein, to perform authorized repairs at the Bid Item price for Labor. Cost of parts and materials shall be paid at the CONTRACTOR'S invoice cost for parts plus the percentage of markup indicated in this bid. 1.04 The CONTIRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials ufilized to perform maintenance services. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.05 Roof maintenance and repair shall be performed in accordance with accepted standards for roof maintenance and repair to the safisfacfion of the CONTRACT ADMINISTRATOR or his designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsafisfactory work at no addifional charge. 1.07 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the safisfacfion of the CONTFJACT ADMINISTF5AT0R, within three (3) hours of notification. Failure to comply with this requirement will result in a reducfion in payment to the CONTFJACTOR as determined appropriate by the CONTRACT ADMINISTFJATOR. 1.08 The CONTFIACTOR shall prepare and submit an annual schedule for PREVENTATIVE MAINTENANCE to the CONTRACT ADMINISTRATOR for approval. The PREVENTATIVE MAINTENANCE schedule shall be adhered to by CONTRACTOR unless deviation from the approve schedule is authorized by the CONTRACT ADMINISTRATOR. 1.09 CONTFIACTOR shall, during the term of this CONTFIACT, respond to requests for REPAIRS, or EMERGENCY REPAIRS as required, twenty-four (24) hours per day, seven (7) days per week, by dispatching required technicians to the site, within three (3) hours of contact by the CONTRACT ADMINISTRATOR. 2.00 ROOF AREA TO BE MAINTAINED 2.01 The service areas, hours of operation, and frequencies of service under the provisions of this CONTRACT are detailed in Exhibit "C". 2.02 CONTFIACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services City Attomey Approved Version 4/1/15 10 PEMI 255 to be provided. CONTFJACTOR accepts the premises in their present physical condifion, and agrees to make no demands upon CITY for any improvements or alterafions thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certificafions and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensafion to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and condifions ofthis CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work perfonned during the preceding month has been inspected and accepted by the CONTFJACT ADMINISTFiATOR and that applicable certificafions have been submitted in accordance with the provisions ofthis CONTRACT. 3.02 The CONTRACTOR'S monthly invoices for PREVENTATIVE MAINTENANCE shall be prepared and submitted in an electronic format, cleariy indicafing the Purchase Order number, unit price, total work performed and correcfiy extended totals for each individual BID ITEM or separate item of work. CONTRACTOR shall submit a fully itemized monthly bill to the CONTRACT ADMINISTRATOR, or designee. Monthly invoices shall be prepared and submitted in the following format: Invoice: Location Account Number Monthlv Cost Maintenance City Hall Faraday 0015020-XXX 0015020-XXX $(AMOUNT) $(AMOUNT) Inspecfion City Hall Faraday 0015020-XXX 0015020-XXX $(AMOUNT) $(AMOUNT) EXTFIA WORK (Location) {When Pre-Approved) Materials Labor $(AMOUNT) $fAMOUNT) TOTAL COST $(AMOUNT) 3.03 Separate invoices for approved REPAIRS AND EMERGENCY REPAIRS shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTF?ATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTFJATOR may require to verify CONTRACTOR'S billing. Unless othenwise requested by the CONTRACT ADMINISTFiATOR, one invoice shall be submitted for each discrete and complete REPAIR or EMERGENCY REPAIR. 3.04 Labor, parts and equipment rentals for any work beyond the monthly and annual inspecfion costs should be listed separately on the invoice. Annual inspecfion costs shall be invoiced for the month that the work is perfomied. 3.05 Invoices for approved Extra Work shall be in a format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. City Attomey Approved Version 4/1/15 11 PEMI 255 Invoices for Extra Work shall be submitted on separate invoices. Unless othenwise requested by the CONTFIACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of Extra Work. 3.06 Adjustments in payment for changes will be determined by CONTFIACTOR proposal and agreement between the CONTRACT ADMINISTRATOR and CONTRACTOR. If unable to reach agreement, CONTRACT ADMINISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following percentages as added costs for the markup of all overhead and profits: a. Materials 15 b. Equipment Rental 15 c. Labor to be charged at rates as oufiined in Exhibit "B". Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edifion of the. Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use ofthe tool or equipment. The right-of-way delay factors therein shall be used as mulfipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract. 3.07 In the event the CITY transfers fifie, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall confinue in full force and effect, except said portion, at the discrefion of the CONTRACT ADMINISTFJATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTFJACT ADMINISTRATOR may, at his discretion, add new Facilities to be maintained and/or repaired and/or require addifional services. The CONTRACTOR shall be compensated for the addifional facilifies or services that are designated after the date ofthe commencement ofthis CONTRACT based on a negofiated bid. Bid costs shall not exceed customary costs of similar equipment as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. The CONTFiACT ADMINISTRATOR shall notify the CONTFIACTOR of addifions, reductions or delefions of areas to be serviced in wrifing. 3.08 Addifional compensafion may be authorized at the discretion of the CONTRACT ADMINISTRATOR, subject to CITY budgetary conditions, for work deemed necessary by the C0NTF5ACT ADMINISTRATOR due to extraordinary incidents or circumstances. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The C0NTF5ACT ADMINISTFJATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addifion to deducfions sfipulated in other secfions of this agreement, the CONTFJACT ADMINISTFIATOR may enforce deducfions in accordance with Section 4.00. 4.02 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTFIATOR, may, in addition to other remedies provided herein, withhold the enfire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not City Attorney Approved Version 4/1/15 12 PEMI 255 performed, and/or deduct liquidated damages. Notificafion of the amount to be withheld or deducted from payments to CONTRACTOR will be fonwarded to the CONTFIACTOR by the CONTRACT ADM1NISTF?AT0R in a written nofice describing the reasons for said acfion. 4.03 The action above shall not be construed as a penalty but as adjustment of payment to CONTIRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTFIACT. 5.00 INSPECTIONS. MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspecfion of CONTRACTOR'S equipment, at any fime for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representafive shall meet with the CONTRACT ADMINISTRATOR or his representafive on each site at the discrefion and convenience of the CONTFJACT ADMINISTFJATOR, for walk-through inspections. All roufine maintenance funcfions shall be completed priorto this meefing. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representafive, shall attend meefings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientafion, informafion sharing, CONTRACT revision, descripfion of CITY policies, procedures, standards, and the like. 5.04 CONTFIACTOR shall provide to the CONTFiACT ADMINISTRATOR such written documentafion and/or regular reports as the CONTFIACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTFJACT and to provide to the CONTFIACT ADMINISTRATOR pertinent informafion relafive to the maintenance, operafion, and safety ofthe Generators. 6.00 EXTRA WORK 6.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discrefion of the CONTFiACT ADMINISTFJATOR. New or unforeseen work will be classified as "Extra Work" when the CONTFiACT ADM1NISTF5AT0R determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTF^CTOR or on a TIME AND MATERIALS basis in accordance with Section 3.00 and Secfion 6.00 6.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTFl'\CT ADMINISTRATOR may authorize modification ofthe CONTRACTOR'S Roufine Operations Schedule or Annual Calendar in order to compensate CONTFIACTOR for performing said work. 6.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a descripfion of the work, a list of materials, and a schedule for complefion. No work shall commence without written approval of the CONTFIACTOR'S proposal by the CONTRACT ADMINISTFJATOR. This proposal is subject to acceptance or negofiafion by the CONTRACT ADMINISTRATOR. City Attorney Approved Version 4/1/15 13 PEM1255 6.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTIRACTOR to perfomi the work on a TIME AND MATERIALS BASIS. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with Secfion 3.04 6.05 When a condition exists which the CONTFJACT ADMINISTFIATOR deems urgent, the CONTRACT ADMINISTFiATOR may verbally authorize the work to be performed up on receiving a veriaal estimate from the CONTFIACTOR. However, within twenty-four (24) hours after receiving a verbal authorizafion, the CONTRACTOR shall submit a written esfimate, consistent with the verbal authorization to the CONTRACT ADMINISTRATOR forapproval. 6.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligenfiy to complete said work within the fime allotted. 7.00 REGULATORY AGENCY COMPLIANCE/SWPPP 7.01 The CONTRACTOR shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion ofthis agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carisbad Municipal Code, and the City of Carisbad Jurisdicfional Urban Runoff Management Plan (JURMP) incorporated herein by reference. 7.02 The CONTRACTOR shall indicate in his proposal methods of compliance, equipment to be ufilized to insure compliance, training of staff and experience in compliance with environmental regulafions. 7.03 If in the opinion of the Authority having jurisdicfion, the CONTRACTOR is not in compliance with this provision, the CITY reserves the right to implement BMP's to the maximum extent pracfical and deduct payment due or back charge the CONTRACTOR for implementafion with a 15% markup for administrafion and overhead. On an annual basis, the CONTRACTOR shall submit for approval to the CONTRACT ADMINISTFJATOR, a BMP plan indicafing all BMP practices to be used for roufine maintenance, normal and emergency repairs 7.04 The CONTRACTOR shall be responsible for paying any and all fines or penalfies to regulatory agencies caused by failure to maintain complete and accurate records as required by law. In addition to any fines levied, the CONTRACTOR agrees to pay the CITY or have withheld from payments, a sum equaling 15% of any levied fine to compensate the CITY for administrafive costs due to the CONTRACTOR'S failure to comply with this provision. 7.05 The CONTRACTOR shall provide these services as PREVENTATIVE MAINTENANCE at the BID ITEM price for each individual location and no additional compensation will be provided. 8.00 CONTRACTOR'S DAMAGES 8.01 All damages incurred to exisfing facilifies by the CONTRACTOR'S operafion shall be repaired or replaced, by the CONTFIACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. City Attorney Approved Version 4/1/15 14 PEM1255 9.00 COMMUNICATIONS AND EMERGENCY RESPONSE 9.01 The CONTFIACTOR shall, during the term of this CONTFJACT, maintain a sinqle telephone number, toll free to a San Diego region area code, at which the CONTFIACTOR or CONTRACTOR'S responsible employee may be contacted at any fime, twenty-four hours per day, to take the necessary acfion regarding all inquiries, complaints and the like, that may be received from the CONTRACT ADMINlSTFiATOR or other CITY personnel. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable subsfitute for full fime twenty-four hour coverage, provided that the CONTRACTOR responds to the CITY by return call within four (4) hours of the CITY'S original call. 9.02 All requests for emergency services shall require a qualified employee to be dispatched to the required locafion as soon as possible after notification; but in all cases within three (3) hours, to the satisfacfion of the CONTFJACT ADMINISTRATOR. If any emergency service request is not responded to in three (3) hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not meefing the required response fime followed by a written report to the CONTRACT ADMINISTFJATOR within two (2) working days. 9.03 Whenever immediate acfion is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTFIACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTFJATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTFJACTOR. This deduction shall include a markup for administrafive costs equal to fifteen (15) percent ofthe actual costs incun-ed. 9.04 The CONTRACTOR shall maintain a written log of all communicafions, the date and the time thereof and the acfion taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspecfion of the CONTRACT ADMINISTFIATOR at all reasonable fimes. 9.05 CONTRACTOR'S supervisor and foreman shall carry cell phones with a local San Diego region area code. Supervisor and foreman shall respond and be on locafion within the City of Carisbad to any call from the CITY within four (4) hours at any time, 24 hours per day. The CITY shall not call CONTRACTOR'S foreman except during normal working hours or in the case of emergency. 10.00 SAFETY 10.01 CONTFIACTOR agrees to perform all work oufiined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his dufies and to safely maintain stored equipment, machines, and materials or other hazards consequenfial or related to the work; and agrees addifionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all fimes so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make annual inspections for any potenfial hazards at said sites and keep a log indicafing date inspected and acfion taken. City Attorney Approved Version 4/1/15 15 PEM1255 10.02 It shall be the CONTRACTOR'S responsibility to inspect, and identify, any condifions(s) that renders any portion ofthe premises unsafe, as well as any unsafe pracfices occurring there on. The CONTFJACT ADMINISTRATOR shall be notified immediately of any unsafe condifion that requires major correcfion. 10.03 CONTRACTOR shall notify the CONTFIACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTFiACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 11.00 HOURS AND DAYS OF MAINTENANCE SERVICES 11.01 The acceptable daily hours of services shall be 6:00 a.m. to 4:00 p.m., Monday through Friday excluding City holidays, which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 11.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operafion heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. 11.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTFIACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 12.00 PREVENTATIVE MAINTENANCE SCHEDULES 12.01 The CONTRACTOR shall, within thirty (30) days after the award of bid ofthis CONTRACT, submit work schedules to the CONTFJACT ADMINISTRATOR for review and approval. Said work schedules shall identify required operafions and delineate the time frames for performance. An Annual Calendar shall include all required operafions that occur less than monthly. 12.02 The CONTFIACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from fime to fime as requested by the CONTRACT ADMINISTRATOR. Said revisions shall be submitted to the CONTRACT ADMINISTRATOR for his review and approval, within five (5) working days prior to the original or revised scheduled fime forthe work, whichever is eariier. 13.00 CONTRACTOR'S STAFF AND TRAINING 13.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 13.02 In cooperation with the Carisbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing Inspecfion and Maintenance services for this contract. In the event City Attorney Approved Version 4/1/15 16 PEM1255 such background check reveals an item, which Carisbad Police deems a security problem during this agreement performance period the CITY may request different personnel. "Local" in the context of this agreement is defined as the southern California metropolitan area consisfing of San Diego, Orange, Los Angeles or Riverside counfies. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in wrifing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representafive. CONTRACTOR'S "Local" representafive shall be responsible for instrucfing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; direcfing, scheduling, and coordinafing all services and funcfions to completely accomplish the work as required by this Agreement. The "local" representafive shall be available for consultafion regarding problems on a daily basis at some fime during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). 13.05 Each crew of CONTFJACTOR'S employees shall include at least one individual who speaks the English language proficienfiy. For the purposes of this secfion a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. 13.06 The CONTFIACT ADMINISTRATOR may at any fime give CONTRACTOR written nofice to the effect that the conduct or acfion of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives ofthe CONTRACT ADMINISTFJATOR to consider the appropriate course of acfion with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTFIATOR that the conduct and acfivities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 13.07 The CONTFJACT ADMINISTFJATOR may at any fime order any of the CONTFIACTOR'S personnel removed from the premises when, in the reasonable belief ofthe CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or othenwise detrimental to the interest ofthe CITY orthe public patronizing the premises. 13.08 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests cleariy marked with the CONTF^CTOR'S company name and employee name badges as approved by the CONTRACT ADM1NISTF?AT0R. Sufficient changes shall be provided to present a neat and clean appearance ofthe CONTRACTOR'S personnel at all fimes. Shirts shall be worn and buttoned at all fimes. CONTFIACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulafions. Brighfiy colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic. 14.00 NON-INTERFERENCE - NOISE 14.01 CONTFIACTOR shall not interfere with the public use of the premises and shall conduct its operafions as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 14.02 In the event that the CONTRACTOR'S operafions must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any City Attorney Approved Version 4/1/15 17 PEM1255 operafions that might affect them and, if appropriate, request persons to move out ofthe work area. 15.00 DRUG AND ALCOHOL FREE WORKPLACE 15.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the direcfives of the Drug Free Workplace Act. As a condifion ofthis agreement, CONTFIACTOR and CONTRACTOR'S employees shall assist meefing the requirements of this policy as set forth in the "City of Carisbad Drug and Alcohol Use Policy" incorporated by reference herein. 15.02 CONTRACTOR agrees that CONTRACTOR and CONTFIACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. 15.03 CONTFIACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment ofthe CITY'S objective of a safe, healthful and producfive workplace and the prohibifion of drug or alcohol possession, use or impairment from same while performing such service for CITY. 15.04 CITY has the right to terminate, or declare this or any other agreement CONTFIACTOR has with the CITY in DEFAULT if CONTFIACTOR'S employees are determined by the CONTRACT ADMIN1STF?AT0R to have breached the provisions of Secfion 15 herein as interpreted and enforced pursuant to the provision of the "City of Carisbad Drug and Alcohol Use Policy". 16.00 ASSIGNMENT OF CONTRACT 16.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTFJACT ADMINISTRATOR. 17.00 NEGOTIATED BID AND ACCEPTANCE 17.01 The CITY may award work to the CONTFIACTOR, at the discrefion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negofiated bid and acceptance basis as when the CONTRACT ADMINISTFiATOR determines that it is appropriate to negofiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negofiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. 17.02 Prior to performing any work, the CONTFIACTOR shall prepare and submit a written bid including a description of the work, a list of materials, and a schedule for complefion. No work shall commence without written approval of the CONTRACTOR'S bid by the CONTRACT ADMINISTRATOR. This bid is subject to acceptance or negofiafion by the CONTRACT ADMINISTRATOR. 17.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the fime allotted. 18.00 TIME AND MATERIALS 18.01 In the event that the CONTRACT ADMINISTFJATOR determines that work requested is of an unknown durafion, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTFJATOR reserves the right to perform such wori< City Attorney Approved Version 4/1/15 18 PEM1255 with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 18.02 The CONTRACT ADMNISTRATOR may direct CONTFIACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor As Sfipulated in Vendor's Proposed Cost of Services chart. 2) Materials As Stipulated in Vendor's Proposed Cost of Services chart. 3) Equipment Rental 15% 4) Other Items and Expenditures .. .15% Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edifion of the Labor Surcharge and Equipment Rental Rates published by CALTFIANS, current at the fime of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract. 18.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the fime allotted. City Attorney Approved Version 4/1/15 19 PEM1255 EXHIBIT "B" VENDOR'S PROPOSED COST OF SERVICE* PAGE 1 0F2 The matrix below describes four items upon which the City requests a bid. Please note that the numbers listed in the "Quantity and Units" category ofthe matrix below are estimates only, and will not be used for any purpose other than to compare bids received in response to this Request for Bid. The actual payments made to the Vendor will be based on the Vendor's actual work performed for the City consistent with the terms and conditions of the contract documents. The undersigned declares he/she has carefully examined the locations of the work, read the Request for Bid, examined all specificafions, and hereby proposes to furnish all labor, materials, equipment, transportafion, and services required to do all the work in this Roof Inspecfion and Maintenance Agreement in accordance with the specificafions of the City of Carisbad, and the General Provisions and that he/she will take in full payment therefore the following unit prices for Item No. Description *Esfimated Quantity and Units Unit Price Annual Total 1. Cost of parts and materials for REPAIRS. $10,000.00/year* (*Estimated) 24.0 % Contractor's markup from supplier invoice price. $ 12,400.00 ($10,000 +Mark Up) (Extended Amount) 2. Cost of LABOR for REPAIRS (Monday - Friday, 8:00 AM - 5:00 PM) $ 92.75 per hour ( Prevailing Wage) 100 Hours* ('Estimated) $ 9,275.00 (Extended Amount) 3. Cost of LABOR FOR EMERGENCY REPAIRS. After-hours $ 120.90 per hour ( Prevailing Wage) 40 Hours* ('Estimated) $ 4,836.00 (Extended Amount) 4. CITY WIDE Preventative Maintenance & Inspections $21,249.00 Lump Sum per Inspection X2 $42,498.00 (Extended Amount) 5. Roof Washing 100,000 SF $ 0.28 Price Per SF $ 28,000.00 (Estimated Quantity X SF Price ) 6. Thermal Scan lOO.OOOSF $ 0.024 Price Per SF $ 2,400.00 (Estimated Quantity X SF Price ) *Estimate based on historical experience is for bid comparison purposes only. The actual payments made to the Vendor will be based on the Vendor's actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. Note: This Agreement is subject to prevailing wage laws, Labor code Section 1770 et seq. 20 City Attorney Approved Version 4/1/15 PEM1255 VENDOR'S PROPOSED COST OF SERVICE PAGE 2 OF 2 Total amount of Vendor's bid per agreement year in words: Ninetv-Nine thousand and four hundred and nine dollars and no cents. (Items 1-6) Total amount of Vendor's bid per agreement year in numbers: $99,409.00 (Items 1-6) In the event of a discrepancy between the total amount of Vendor's bid written in words or numbers, the amount written in words shall govern. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). One and Two included in this bid. has/have been received and is/are The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part ofthe Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required City Contract with the necessary insurance policies within twenty (20) calendar days from the date of award of agreement by the City, the City may at its option and without providing further nofice to the apparent best value Vendor administrafively authorize the award of the contract to the Best Value Vendors in descending rank. Mardee Billingsley Vice President, Enterprise Solutions & WTI Quality Print Name Sigilature Tifie City Attorney Approved Version 4/1/15 21 PEM1255 EXHIBIT "C" CITY OF CARLSBAD TECHNICAL PUBLICATION ROOF INSPECTION AND MAINTENANCE SERVICES PREVENTATIVE MAINTENANCE FREQUENCIES AND QUALITY STANDARDS City Attorney Approved Version 4/1/15 22 PEM1255 MAINTENANCE QUALITY STANDARD THEORY APPEARANCE ROOF DRAINAGE SYSTEMS SAFETY TASKS FOR ROOF INSPECTION, PREVENTATIVE MAINTENANCE, AND REPAIR SERVICES City Attorney Approved Version 4/1/15 23 PEM1255 MAINTENANCE QUALITY STANDARDS INSPECTIONS: Frequency: Semi-Annual Inspecfions Inspecfion shall include the following: • Visual Inspecfion of the roof membrane and roof surface condifions • Visual Inspecfion of the flashing systems including, but not limited to, the metal edge system, base flashings on equipment and adjoining walls, counter flashing and inspecfion of roofing details for rooftop projecfions and equipment such as pitch pans, HVAC equipment, skylights, and access hatches. • Pour a maximum of five (5) gallons of water in each drain to check for proper drainage. Any standing water, clogs, or incorrect drainage should be reported for immediate repair. REPORT AND DIGITAL PHOTOGRAPHS: • Contractor will provide two (2) printed and bound copies of inspecfion reports to include photographs, and report documentation. • Contractor will provide an Online Information System that City staff can access via password to obtain inspecfion reports, specificafions, and work proposals/invoices. • Contractor will also store images from the thermal scan for the roof in the Online Information System. • Contractor shall provide a minimum of five (5) photos of each roof at the time of inspecfion. • Contractor will provide a scalable diagram for each building location. CLEANING: General Cleaning includes: • Removal of Debris (i.e. leaves, branches, paper, and similar items) from the roof membrane and drainage areas. • Disposal of Debris will be at the CONTRACT ADMINISTRATOR'S approved on-site locafion. • Roofs shall be washed on a semiannual basis as scheduled by the City Facilifies Staff. • Roofs will be washed with a pressure washer using medium pressure. • 0 Deg. Tips will not be used. • The roof shall not be damaged from the washing. MATERIALS: All materials shall meet the following: • Be installed to the standards prescribed to the most current manufacturer's installafion manual forthe products used. • Meet or exceed all specificafions and standards. • Comply in size, make, type, and quality specified. • Be designated, fabricated, and assembled in accordance with the best engineering and shop practices • Like parts shall be interchangeable • Like items shall be from the same manufacturer • Materials shall be suitable for use in the type of environment they are installed in. • Materials used for the repair of an exisfing system shall be manufactured by the same manufacturer as the exisfing system. The contractor shall be certified, by the manufacturer, for the installafion and repair of the stated materials. • The manufacturer of roofing materials shall be ISO 9001 Certified for the "Design and manufacture of modified bitumen roofing and water barrier systems. City Attorney Approved Version 4/1/15 24 PEM1255 • Manufacturer of roofing materials shall provide a copy of the Certificate of Registration to CONTRACT ADMINISTRATOR as part of their bid. • The materials in this section shall become part of a flnished and warranted roof system. All adhesives, field and flashing membranes, shall be of the same manufacturer. All other materials shall be compafible with one another and shall be acceptable by the roofing manufacturer and/or any entity providing a wan-anty for the roof system. CONDITION REVIEW: • The CONTRACTOR will provide a roof assessment which ranks the roofs by condition from worst to best. The assessment shall include the following: Total Square Footage and Layout Materials Assessment through core analysis Life Expectancy Roofing Types and Materials Replacement or service life extension recommendafions Thermal scan to show water infiltration ofthe roofing system. Replacement Budget Esfimates Technical specificafions for recommended replacements. PREVENTATIVE MAINTENANCE: • Flashing Components and Details: Patch minor flashing defects and kick holes, reinforce open flashing laps, seal open metal edge laps and open flanges within reason, seal open coping joints, seal expansion joint laps, re-secure and or/seal intermittent fasteners that have backed out, top off pitch pans, caulk storm collars and reseal intermittent voids in termination bar and counter flashing. Owner will be advised of any extensive repairs required. • Roof membrane- Repair intermittent splits, tears, open lap and breaks in the membrane. If extensive repairs are required notify City Facilifies staff. Patch any fractured blisters or those in danger of fracture due to traffic. • Drains, Gutters, and Scuppers- Tighten drain bolts and clamping rings (if possible) City Attorney Approved Version 4/1/15 25 PEM1255 OCATIONS: Building Name Roof Name Roof Area Roof Condition U of Roofs Alga Norte Community Park Multiple Roofs 18,000 New 15 Calavera Hills Park Roof A 3,100 Fair Condition 1 Calavera Hills Park Roof B 2,164 Fair Condition 1 Calavera Hills Park Roof C 9,555 Repairs Required, Minor 1 City Hall Complex Section Al-Substation 304 Fair Condition 1 City Hall Complex Section A-Substation 8,196 Repairs Required, Minor 1 City Hall Complex Section B-Mechanical Rm. 625 Fair Condition 1 City Hall Complex Section Cl-Mechanical Rm. 304 Fair Condition 1 City Hall Complex Section C-City Clerk 4,696 Repairs Required, Minor 1 City Hall Complex Section D-Council Chambers 2,860 Replace Eventually 1 Facilities & Maintenance Section A 1,134 Repairs Required, Minor 1 Facilities & IVlaintenance Section B 3,990 Restore Immediately 1 Faraday Community Development Center Main Section 41,635 Replace Eventually 1 Farmers Insurance Building Roof A 36,014 Replace Immediately 1 Fire Station #1 Main Section 5,894 Fair Condition 1 Fire Station #2 Section A&B 3,362 Repairs Required, Minor 1 Fire Station #3 Main Section 3,620 Good Condition 1 Fire Station #4 Main Section 5,593 Fair Condition 1 Fire Station #5 Main Roof 10,469 Fair Condition 1 Fire Station #5 Storage 1,026 Repairs Required, Minor 1 Fire Station #6 Main Roof 726 Repairs Required, Minor 1 Fire Station #6 Tile Roof 13,654 Fair Condition 1 Fleet Maintenance Bldg. Section A-Lower North 1,254 Replace Immediately 1 Fleet Maintenance Bldg. Section B-Upper 7,574 Replace Immediately 1 Fleet Maintenance Bldg. Section C-Lower South 1,254 Replace Immediately 1 Harding Community Ctr. All Sections 14,437 Replace Immediately 1 Las Palmas Building Main Roof 17,943 Fair Condition 1 Library Learning Center Roof A 1,399 Good Condition 1 Library Learning Center Roof B 3,027 Fair Condition 1 Library Learning Center Roof C 72 Good Condition 1 Library Learning Center Roof D 547 Good Condition 1 Library Learning Center Annex Roof E 5,760 Repairs Required, Minor 1 Magee House Section A 100 Fair Condition 1 Magee House Section B 180 Fair Condition 1 Magee House Section C - Shingle 3,085 Fair Condition 1 Main Library North Section A 10,895 Fair Condition 1 Main Library North Section B 6,000 Repairs Required, Minor 1 Main Ubrary North Section C 4,500 Fair Condition 1 Main Library North Section D 1,650 Replace Eventually 1 New Village Arts Theatre Roof A 4,095 Restore Immediately 1 New Village Arts Theatre Roof B 7,245 Fair Condition 1 Safety Center Lower Section 4,500 Repairs Required, Minor 1 Safety Center Middle Section 4,333 Repairs Required, Minor 1 Safety Center Sections A&B- Lower 471 Repairs Required, Minor 1 Safety Center Upper Section 25,371 Repairs Required, Minor 1 Safety Training Center Main Building 56,575 Fair Condition 1 Safety Training Center Residential Training 2,793 Fair Condition 1 26 City Attorney Approved Version 4/1/15 PEM1255 Senior Center Section A 318 Fair Condition 1 Senior Center Section B 1,240 Fair Condition 1 Senior Center Section C 740 Fair Condition 1 Senior Center Section D 740 Fair Condition 1 Senior Center Section E 409 Fair Condition 1 Senior Center Section F 115 Fair Condition 1 Senior Center Section G 115 Fair Condition 1 Senior Center Section H 110 Fair Condition 1 Senior Center Section 1 110 Fair Condition 1 Senior Center Section J 820 Fair Condition 1 Senior Center Section K 1,225 Fair Condition 1 Senior Center Section L 55 Fair Condition 1 Senior Center Section M 240 Fair Condition 1 Senior Center Section N 80 Fair Condition 1 Senior Center Section 0 800 Fair Condition 1 Senior Center Section P 1,752 Fair Condition 1 Senior Center Section Q 3,456 Fair Condition 1 Senior Center Section R 1,744 Fair Condition 1 Senior Center Tile Section 10,541 Fair Condition 1 Service Ctr. Wash Park Main Section 700 Repairs Required, Minor 1 Stage Coach Community Ctr Lower Section 3,832 Fair Condition 1 Stage Coach Community Ctr Sections A&B- Lower 872 Fair Condition 1 Stage Coach Community Ctr Tile Roof Section 5,162 Fair Condition 1 Stage Coach Community Ctr Upper Section 9,450 Repairs Required, Minor 1 Swim Complex Section A 2,325 Fair Condition 1 Swim Complex Section B 300 Fair Condition 1 Swim Complex Section C 1,200 Repairs Required, Minor 1 The Dove Library Lower A 3,447 Fair Condition 1 The Dove Library Lower B 1,200 Fair Condition 1 The Dove Library Lower C 267 Fair Condition 1 The Dove Library Lower D 100 Fair Condition 1 The Dove Library Lower E 1,872 Fair Condition 1 The Dove Library Lower F 960 Fair Condition 1 The Dove Library Lower G 2,872 Fair Condition 1 The Dove Library Lower H North 1,376 Fair Condition 1 The Dove Library Upper B 2,304 Restore Immediately 1 The Dove Library Upper F 935 Restore Immediately 1 The Dove Library Upper H North 133 Fair Condition 1 The Dove Library Upper Main 21,099 Repairs Required, Minor 1 The Dove Library Upper Tile 5,001 Good Condition 1 Water District Building Section A 5,508 Repairs Required, Minor 1 Water District Building Section B 7,573 Repairs Required, Minor 1 TOTALS 465,179 103 27 City Attorney Approved Version 4/1/15 Katlr^Hamilton From: Kathy Hamilton Sent: Wednesday, September 16, 2015 4:27 PM To: 'Sajohnson@tremcoinc.com' Cc: Shelley Collins; Donna Heraty (Donna.Heraty@carisbadca.gov); Faviola Medina; Bob Richardson Subject: REQUIRED CONFUCT OF INTEREST Dear Sten, You are receiving this email because your company has a consultant agreement with the City of Carisbad. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carisbad City Clerk's Office. To file the Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code - Resolution No. 2012-114 (below), the employee(s) of your company that work directiv with city staff are required to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim - Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity Income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is September 15, 2015. • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. OCTOBER 15. 2015. Mailing Address: Citv Clerk's Office. 1200 Carisbad Village Drive. Carisbad, CA 92008. • Form 700 • Form 700 Reference Pamphlet Other documents vou mav use as reference: • FAQ: Form 700 Disclosure • Local Gift Fact Sheet • Resolution Nos. 2012-114 and 2013-237 In addition, when your contract with the City of Carisbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion ofthe agreement. ""^Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013. Ifyou have any questions or need additional information, please feel free to contact me orthe Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, t^City of Carlsbad Shelley Collins, CMC Assistant City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2917 | shellev.collins@carisbadca.gov Facebook | Twitter | You Tube | Flickr | Pinterest I Enews Please consider the environment before printing this e-mail