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HomeMy WebLinkAboutExcel Building Services LLC; 2020-06-18;AGREEMENT FOR DECONTAMINATION AND DISINFECTING SERVICES EXCEL BUILDING SERVICES, LLC THIS AGREEMENT is made and entered into as of the 1 cg~ day of :1:::,u,V'JL , 20]Q, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Excel Building Services, LLC, a limited liability company, ("Contractor''). RECITALS City required the professional services of a janitorial company that is experienced in decontaminating and disinfecting work areas to perform emergency services needed as a result of the COVI D-19 pandemic. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM The term of the Agreement shall expire on May 7, 2020. 3. COMPENSATION The total fee payable for the Services performed shall not exceed seven thousand dollars ($7,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 6/12/18 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Eric Evonsion Title Fire Battalion Chief Department Fire ----------City of Carlsbad Address 2560 Orion Way Carlsbad, CA 92010 Phone No. 760-931-2141 For Contractor Name Leland Peneku Title Area Manager Address 1061 Serpentine Lane Pleasanton, CA 94566 Phone No. (760) 908-3448 lpeneku@excelbuildingservices.c Email om 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. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No~ 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. City Attorney Approved Version 6/12/18 2 9-A. FEMA Required Provisions The City and Contractor shall comply with all applicable requirements of the Federal Emergency Management Agency (FEMA) which are outlined in Exhibit "B", which is attached and incorporated by this reference. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. II II II II II II II II II II II City Attorney Approved Version 6112118 3 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR / / ./ By: By: S-\e.ut.. ~\ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California BARBARA ENGLESON City Clerk I~ If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ) City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES Excel Building Services, LLC (Excel) provided additional janitorial services to the Fire Department during the coronavirus pandemic beginning on April 6, 2020 and ending May 7, 2020. No further services are required at this time. Excel decontaminated and disinfected work areas in fire administration offices, fire stations and apparatus. Services included a thorough wipe down of solid surfaces as outlined below with One-D cleaner. This cleaning product was used following the manufacturers specifications and in accordance with its labeling. Fire Stations Services included two times a week at a cost of $1,200 per week. • 4-person crew • 5 - 6 hours a day Front Door/Office • Disinfect and wipe down: o Front door and handles o Light switch plates o Countertops and desktops o Chairs including arm rests • High dusUdusting • Empty trash Standard Restroom/Deep Clean • • • • Disinfect and wipe down: o Front doors and handles o Light switch plates o Sink, faucet and handles o Toilets (inside and outside) o Urinals (inside and outside) o Walls and partitions o Single shower Sweep and mop with deep scrub of tile High dusUdusting Empty trash Battalion Chief/Captain Office • Disinfect and wipe down: o Front door and handles o Light switch plates o File cabinet -front face and handles o Chairs including arm rests o Desktop -must be cleared off by FD personnel o Countertops • Vacuum • Empty trash • High dusUdusting 5 City Attorney Approved Version 6/12/18 Battalion Chief/Captains/Engineer Dorm Room(s) • • • • • Disinfect and wipe down: o Front doors and handles o Light switch plate o Locker door -front face, drawers and handle o Desktop and chair including arm rest Sweep and mop Vacuum High dusUdusting Empty trash Kitchen • Disinfect and wipe down o Doors and handles o Light switch plates o Fridge door and handles o Sink and faucets o Dishwasher door and handle o Counters o Cabinets and drawers o Microwave handles and buttons o Oven, range and range hood • Sweep and mop with deep scrub • High dusUdusting • Empty trash Laundry and Tech Room Disinfect and wipe down: o Doors and handles o Countertops/work surfaces o Solid surfaces o Cabinet doors and handles • • • • o Washing machine -front door and front of machine Sweep and mop with deep scrub High dusUdusting Empty trash Personnel Restroom and Showers • • • • Disinfect and wipe down: o Doors and handles o Sink, faucets and handles o Toilets (inside and outside) o Showers ( deep clean) o Urinals (inside and outside) o Walls and partitions Sweep and mop High dusUdusting Empty trash City Attorney Approved Version 6/12/18 6 Day Room/Living Room • Disinfect and wipe down: o Doors and handles o Chairs o Countertops and cabinet doors/handles • Vacuum • Empty trash • High dusUdusting Training/Classroom • Disinfect and wipe down: o Doors and handles o Tables and chairs o Cabinet facing doors and handles o Countertops • Vacuum carpet • Sweep and mop tile • High dusUdusting • Empty trash Station Hallway • Disinfect and wipe down: o Doors and handles o Panel control switches • Vacuum • High dusUdusting Apparatus/Trucks • Disinfect and wipe down: o Doors and handles o Inside door panels -all 4 doors o Dashboard -wipe down with micro clothes o Front and back seats • Vacuum floor • Empty trash Apparatus Units Per Station • Station #1 - 3 units plus 1 lifeguard unit • Station #2 - 2 units • Station #3 - 4 units • Station #4 - 2 units • Station #5 - 5 units plus 4 battalion standard trucks • Station #6 - 2 units Fire Administration Office Services included one time a week at a cost of $101.83 per week. • 4-person crew • 3 - 4 hours a day City Attorney Approved Version 6/12/18 7 • Disinfect and wipe down o Front door and handles o Light switch plates o File cabinets -front face and handles o Chairs including arm rests o Desktops -must be cleared off by FD personnel o Kitchen area counter tops, cabinet drawers and handles o Countertops • Vacuum • Empty trash • High dusUdusting City Attorney Approved Version 6/12/18 8 Exhibit B Additional Terms and Conditions for FEMA Funded Agreements The following provisions are incorporated into the Agreement: 1. The contractor acknowledges Federal Emergency Management Agency (FEMA) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2. The contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 3. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City of Carlsbad, contractor, or any other party pertaining to any matter resulting from the contract. 4. The contractor acknowledges that 31 U.S.C. Sections 3801-3812 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 5. Access to Records. The following access to records requirements apply to this contract: (A) The contractor agrees to provide the City of Carlsbad, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (B) The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. ( C) The contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (D) In compliance with the Disaster Recovery Act of 2018 (Pub. L. No. 115-254, §§ 1201-1246 (2018)), the City of Carlsbad and the contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 6. Suspension and Debarment (A) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that neither the contractor nor its principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 1 Exhibit B Additional Terms and Conditions for FEMA Funded Agreements (B) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. ( C) This certification is a material representation of fact relied upon by the City of Carlsbad. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California or the City of Carlsbad, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (D) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7. To the extent any Federally mandated provisions incorporated by Exhibit B conflict with other terms and provisions of this Agreement, the Federally mandated provision(s) shall prevail. 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 5120/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~1~cr Jennifer Westphal Woodruff-Sawyer & Co. wg~o, Ext): 720-593-5407 r:i~, No): 415-989-9923 50 California Street, Floor 12 San Francisco CA 94111 ~trfJ~ss: jwestphal@woodruffsawyer.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED EXCEBUl-01 INSURER B: American Zurich Insurance Company 40142 Excel Building Services, LLC 1061 Serpentine Ln Ste H INSURER C: Pleasanton CA 94566 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 550516219 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR •1NsD·wvD POLICY NUMBER IMMIDDIYYYY\ IMM/DDIYYYYl A X COMMERCIAL GENERAL LIABILITY GLO560941901 9/16/2019 9/16/2020 EACH OCCURRENCE $1,000 000 X DAMAGE TO RENTED $1,000 000 CLAIMS-MADE OCCIJR PREMISES iEa occu1rence) MED EXP (,\n~' one person! $ 10 ODO f-'l::kSOSIAL & AlJV INJURY S 1.000 000 GEN'L AGGREGATE LIMIT APPLIES PER Gf=NEPAL A(]GREGA TE $ 2.000.000 X POLICY PRO· LOC FROOUCTS · COMP/OP AGG $2,000,000 JECT OTHER ' $ A AUTOMOBILE LIABILITY BAP560941801 9116/2019 9/16/2020 COMBINED SINGLE LIMIT $1,000.000 , (Ea accident) X ANY AUTO BOD!L Y INJURY (Pt:i pert,ull) ' OWNED SCHEDULED BOD!L y· INJURY \Per accident) $ AUTOS ONLY AUTOS X HIRED NOl'>I-OWNED $ AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUK EACH OCCURRENCE s EXCESS LIAB CLAlf"1S-MADE AGGREGATE $ DED RETEflTION $ $ B WORKERS COMPENSATION WC238341101 9/16/2019 9/16/2020 X PEfi UIH· ST,\TUTE-. B AND EMPLOYERS' LIABILITY YIN WC248567201 9/16/2019 9/1612020 AN tPROPRIETORiPARTNERIEXECUTIVE □ EL EACH ACCIDENT $ 1,000 000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.I DISEASE -E.e EMPLO'{EE S 1,000,000 If ~-es describa undt.':!r E L. GISEASE . POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Adclitlonal Remarks Schedule, may be attached if more space is required) The certificate holder is included as an additional insured, except for Workers' Compensation. where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad AUTHORIZED REPRESENTATIVE I) ~- -· ~ J__)~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLO 5609419-01 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT OR LEASE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2