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HomeMy WebLinkAboutMEK Enterprises Inc; 2021-04-20; PSA21-1448FACDocuSign Envelope ID: 38D70D90-7C45-4A56-989F-368E2F634A02 PSA21-1448FAC •AGREEMENT FOR CITYWIDE PARKS RESTROOM CUSTODIAL MAINTENANCE SERVICES MEK ENTERPRISES, INC. THIS AGREEMENT is made and entered into as of the 20th day of April , 2021, but effective July 1, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and MEK ENTERPRISES, INC., a California corporation, ("Contractor"). RECITALS A.City requires the services of a consultant that is experienced in custodial maintenance, including afterhours block house restrooms in city parks. B.Contractor has the necessary experience in providing services related to parks restroom custodial maintenance. C.Contractor has submitted a proposal to City under RFP21-1382FAC 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", Exhibit "B" and Exhibit "C", 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 beginning July 1, 2021. 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.rimE 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 six hundred fifty-seven thousand nine hundred twenty-one dollars and seventy-two cents ($657,921.72) per Agreement year. Compensation during the second Agreement term may be adjusted by amending the Agreement for an amount equal to the San Diego Consumer Price Index (CPI) but shall not to exceed 2% per Agreement year. If the City elects to extend the Agreement beyond the initial two-year term, the total fee payable for services during any subsequent Agreement year shall not exceed the compensation established during the previous Agreement year plus a CPI increase not to exceed 2%.The City reserves the right to withhold a City Attorney Approved Version 6/12/18 DocuSign Envelope ID: 38070D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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 early termination of this Agreement. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may City Attorney Approved Version 6/12/18 2 DocuSign Envelope ID: 38D70D90-7G45-4A56-9B9F-368E2F634A02 PSA21-1448FAC 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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version 6/12/18 3 DocuSign Envelope ID: 38070D90-7C45-4A56-9139F-368E2F634A02 PSA21-1448FAC 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Brian Bacardi Name Marc Kranz Title Public Works Superintendent Title Project Manager Department Public Works Address 2191 Main Street City of Carlsbad Address 405 Oak Ave. Carlsbad, CA 92008 Phone No. 760-434-2944 San Diego, CA 92113 Phone No. 619-527-0957 Email marc@4mek.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. .City Attorney Approved Version 6/12/18 4 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes LI No El 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. III III City Attorney Approved Version 6/12/18 6 BY: DocuSign Envelope ID: 38070D90-7C45-4A56-9139F-368E2F634A02 PSA21-1448FAC 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal MEK ENTERPRISES, INC., corporation of the State of California a California corporation By: By: (sign here) Marc Kranz, CEO, President, CFO (print name/title) By: (sign here) (print name/title) Matt Hall, Mayor ATTEST: 711-az.- Z7e. W22- for Barbara Engleson, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 Assistant City Attorney City Attorney Approved Version 6/12/18 7 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC EXHIBIT "A" TERMS OF SERVICES AND FEES Restrooms (Monthly rate includes all required Overnight Cleaning, Porter Service, Deep Cleaning, Locking and Unlocking restrooms). Restroom Location Approx. Sq. Ft Quantity Minimum Time for daily overnight cleaning per building Monthly Rate Alga Norte Community Park 6565 Alicante Rd. 1920 3 45 $8,010.64 Aviara Community Park, 6435 Ambrosia Lane 2414 3 45 $10,071.72 Beach Bluff Carlsbad Blvd/Pine Ave 200 1 45 $834.44 Calavera Lake Trail Tamarack Ave between Strata and Knollwood 48 1 single 20 $200.27 Calavera Community Park, 2997 Glasgow Dr 442 1 45 $1,844.12 Chase Field 3349 Harding St 234 1 45 $976.30 Hidden Canyon 2685 Harding St 403 1 45 $1,681.40 Ann D. L'Heureux Dog Park 2710 Carlsbad Village Drive N/A N/A Lock gate at night, no other service $0.00 Holiday Park 3235 Eureka Place 1084 2 45 $4,522.68 La Costa Canyon Park 3018 Pueblo St 402 1 45 $1,677.23 Laguna Riviera Park Kelly and Park Drive 302 1 45 $1,260.01 Magee Park 258 Beech Avenue 403 1 45 $1,681.40 Pine Park 3600 Harding 245 1 45 $1,022.19 Poinsettia Park 6600 Hidden Valley Rd 1395 3 45 $5,820.23 Skate Park 2560 Orion Way 180 1 45 $751.00 Stagecoach Park 3420 Camino de los Coches 756 2 45 $3,154.19 Tamarack (Beach) Carlsbad Blvd and Tamarack 900 1 45 $3,754.99 City Attorney Approved Version 6/12/18 8 DocuSign Envelope ID: 38D70D90-7045-4A56-9B9F-368E2F634A02 PSA21-1448FAC Call out Services — Serviced upon request from Contract Administrator Call out cost Estimated number Total monthly cost including first cost per hour of call outs per (est.) hour month Emergency cleaning $122.00 $30.50 15 $1,830.00 Drain blockage $122.00 $30.50 15 $1,830.00 Graffiti Removal $122.00 $30.50 15 $1,830.00 Snack Bars/Catering Facilities- Serviced upon request from Contract Administrator Estimated number Est Average Location Hours/Cleaning Cost per of cleanings per Monthly Cost (est) cleaning month Poinsettia Park Snack Bar 4 $122.00 1 $122.00 Chase Field Snack Bar 4 $122.00 1 $122.00 Aviara Park Food serving facility 6 $183.00 10 $1,830.00 Total Monthly Not-to-Exceed Rate $54,826.81 Total Annual Not-to-Exceed Rate $657,921.72 City Attorney Approved Version 6/12/18 9 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC GENERAL SPECIFICATIONS 1. DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: a.AGREEMENT ITEM — Individual items of work in the CONTRACTOR'S Proposed Cost of Service Chart at an agreed price for the work. b.CITY - The CITY of Carlsbad. c.CITY MANAGER - The fully appointed CITY MANAGER of the CITY or his authorized representative. d.CONTRACT ADMINISTRATOR — The Deputy City Manager of Public Works' designee for awarding and administering the CONTRACTOR'S work under this agreement. e.CONTRACTOR - The managing individual of the contracting entity or his authorized employees or representatives. f.PERIODIC INSPECTION — Routinely scheduled or randomly noticed inspection or audit conducted by CITY. g.PUBLIC WORKS MANAGER - The CITY official designated as the Public Works Manager, or any of their authorized representatives. 2. STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY a.All city facilities shall be serviced in a professional, workmanlike manner using quality equipment and materials b.CONTRACTOR shall provide at its expense all labor, materials, equipment, tools, services and special skills necessary for the provision of custodial maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the standards specified in Exhibit "B" at no less than the frequencies set forth herein. c.CONTRACTOR is hereby required to render and provide custodial maintenance services including, but not limited to; dusting, wiping, polishing, mopping, buffing, vacuuming, sweeping, strip & waxing and cleaning offices, removing trash and recycling, cleaning hallways, meeting rooms, building restrooms and all other maintenance required to maintain the areas included in this CONTRACT in accordance with specified schedules and standards. d.CONTRACTOR shall be available for On Call / Emergency Call Back for any cleanings needs at any CITY owned facilities. Response time shall be no more than two (2) hours and paid at the rate listed in the CONTRACTOR'S Bid Proposal. e.CONTRACTOR shall report to the CONTRACT ADMINISTRATOR all observations of: graffiti and other vandalism; illegal activities; transients; missing or damaged equipment or signs; hazards or potential hazards, including burnt out light fixtures within twenty-four (24) hours. Failure to report these issues will be treated as a complaint (see section 5c). City Attorney Approved Version 6/12/18 10 DocuSign Envelope ID: 38070090-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC f.The following is an excerpt from Senate Bill 20, Displaced Janitor Opportunity Act. Labor Code Section 1060-1065 "1061.(b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract..." g.By signing and/or authorizing this bid submittal, the CONTRACTOR acknowledges that they have read and understood the meaning, intent and requirements of said Act; and acknowledges said Act is included as part of this bid and the CONTRACTOR will be required to abide by the terms of said Act. Specifications showing general outline and details necessary for a comprehensive understanding of the work, form a part of the Contract Documents. All work under the Contract Documents shall be performed in all respects in strict compliance with the requirements of the specifications set forth. The specifications and all other provisions of the Contract Documents are essential parts of the CONTRACT and a requirement occurring in one is binding as though occurring in all. 3. FACILITIES TO BE MAINTAINED The facilities to be maintained under the provisions of this CONTRACT are as follows: Location Sq. Ft Number of Buildings (1 men's and 1 women's in each building) Alga Norte Community Park 6565 Alicante Rd. 1920 3 Aviara Community Park, 6435 Ambrosia Lane 2414 3 Beach Bluff Carlsbad Blvd/Pine Ave 200 1 Calavera Lake Trail Unisex (single) 48 1 single restroom Calavera Community Park, 2997 Glasgow Dr 442 1 Chase Field 3349 Harding St 234 1 Hidden Canyon 2685 Harding St 403 1 Holiday Park •3235 Eureka Place 1084 2 La Costa Canyon Park 3018 Pueblo St 402 1 City Attorney Approved Version 6/12/18 11 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC Laguna Riviera Park Kelly and Park Drive 302 1 Magee Park 258 Beech Avenue 403 1 Pine Park 3600 Harding 245 1 Poinsettia Park 6600 Hidden Valley Rd 1395 2 Poinsettia Park 6600 Hidden Valley Rd (project being planned Service to be added once the project has been completed) 500 1 Skate Park 2560 Orion Way 180 1 Stagecoach Park 3420 Camino de los Coches 756 2 Tamarack (Beach) Carlsbad Blvd and Tamarack 900 1 CONTRACTOR 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 to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 4. PAYMENT AND INVOICES a.The CONTRACTOR shall present monthly invoices for all work performed during the preceding month. Said invoice shall include all required reports and line item invoicing for products used to service this Contract as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this Contract. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR, and that all applicable reports and attachments have been submitted in accordance with the provisions of this Contract. b.Monthly invoices shall be prepared with an itemized cost per location and the total deduction (if applicable). c.Invoices for approved On Call / Emergency Call Back and 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. Invoices for Extra Work shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of Extra Work. City Attorney Approved Version 6/12/18 12 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC d.In the event the CITY transfers title or maintenance responsibility of a facility, or a portion thereof, this Contract shall continue in full force and effect. The CONTRACT ADMINISTRATOR may delete facilities, or portions thereof, from the contract, the Contract sum shall be reduced accordingly. e.The CONTRACT ADMINISTRATOR may, at their discretion, add new facilities to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this Contract based on the submission of an approved maintenance bid, consistent in all respects with this Contract, and shall contain all information as required in the Request for Bids. The bid cost shall not exceed the cost to provide maintenance for similar facilities being maintained under this Contract. f.The CONTRACT ADMINISTRATOR may cancel or postpone itemized services at any location. Sixty days' notice shall be provided prior to the cancellation of services, and thirty days' notice provided to the postponement of services. The itemized cost of the services not rendered shall be removed from subsequent invoices. g.This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount and in consideration of the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the CONTRACTOR in writing sixty (60) days before the end of the then-current Agreement year and is subject to negotiation or rejection by the CITY. Compensation increases will not be authorized prior to the end of each contract period. 5. ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES a.The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this Contract on behalf of CITY. b.The CONTRACT ADMINISTRATOR shall prepare and implement an Inspection Rating System to be used to verify monthly payments and deductions from payments (see sample rating system in Appendix A). This form and system may be modified at the discretion of the CONTRACT ADMINISTRATOR. The CONTRACTOR agrees to be evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly Inspection Rating System report. Each location specific Inspection Rating System has a maximum point score of 100. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per facility-A score of 94 will result in 6% deduction. Each additional point deduction after 94 will result in an additional 1% deduction per point from payment. The monthly Inspection Rating System report shall constitute reason for any deductions so imposed. c.The CONTRACT ADMINISTRATOR shall maintain a record of complaints filed by CITY staff, members of the public or deficiencies directly observed by the CONTRACT ADMINISTRATOR. Each complaint will be forwarded to the CONTRACTOR, and a deduction of $25 will be added to the inspection deductions for each verifiable complaint. Complaints include, but are not limited, to: i.The work task in an area was not performed in strict accordance with the performance standards. ii.Work tasks were not performed in their entirety. City Attorney Approved Version 6/12/18 13 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC iii.The specified equipment, tools and chemicals were not used or were not in good operating condition. iv.The tasks were not performed within the scheduled work shift or within the specified timeframe. v.Failure to respond to a call back within 2-hour time frame. d. In the event of non-performance of work by the CONTRACTOR, the CONTRACT ADMINISTRATOR shall have the right to exercise one of the following options: If the CONTRACTOR'S staff fail to show up for service the CONTACT ADMINISTRATOR may request that the service is completed within 2 hours of notification; or The Contract Administrator may allow the non-performance to remain uncorrected and make a deduction from the monthly payment, in direct proportion to the monthly service fee and frequency of monthly service. For any Failure to adequately comply in meeting the requirements of providing adequate and competent management or supervision, the Contractor shall be liable for a deduction of $260.00 for each and every deficiency deducted from the total charge for that month during which the deficiency occurred. Examples of such failure include but are not limited to: i.Failure to make adequate corrections to an inspection report. ii.Repeating deficiencies highlighted in inspection reports. iii.Receiving repeated complaints about the same service. iv.Not maintaining equipment in a safe of sanitary manner. v.Not maintaining adequate supplies of cleaning products and consumables. vi.Failure to maintain and provide service records. The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the Contractor to complete or comply with the provisions of this Contract. e. Failure of the CONTRACT ADMINISTRATOR to discover or reject unacceptable work, or work not in accordance with the Agreement, shall not be deemed an acceptance thereof nor a waiver of the CITY's right to a proper execution of the Agreement or any part of it by the CONTRACTOR. 6. INSPECTIONS, MEETINGS, & REPORTS a.CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of Contract requirements and identifying deficiencies. b.The CONTRACTOR or their authorized representative shall meet with the CONTRACT ADMINISTRATOR or their representative on each site monthly for the initial year of the Contract then thereafter at the discretion and convenience of the CONTRACT ADMINISTRATOR c.At the request of the CONTRACTOR ADMINISTRATOR, the CONTRACTOR, or their appropriate representative, shall attend meetings and/or training sessions, as determined City Attorney Approved Version 6/12/18 14 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC by the CONTRACT ADMINISTRATOR for purposes of orientation, information sharing, Contract revision, description of CITY policies, procedures, standards, and the like. d.CONTRACTOR, or their appropriate representative, shall make sufficient daily inspections to ensure the work is performed as specified. The CONTRACTOR shall inspect all tools, equipment and chemicals to ensure they are clean, in good working order and meet the specifications of this Contract. If they do not meet the specifications the CONTRACTOR shall replace them with new or workable tools, equipment and chemicals. CONTRACTOR shall maintain written record of tools, equipment and chemicals discrepancies, and upon request, provide written records to the CONTRACT ADMINISTRATOR. e.CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance. This information shall be pertinent and relative to the maintenance, operation, and safety of the sites and may include: i.Monthly periodic service (to be provided on the 15th of the month prior to month of service) ii.Staff names and service location's iii.Site cleaning inspections iv.Building and maintenance issues reported v.Safety training schedule and completion logs vi.Equipment list and locations 7.CONTRACTOR'S DAMAGES All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, and all at the CONTRACTOR'S expense. 8.EXTRA WORK The CITY may award Extra Work to the CONTRACTOR at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by the existing contract. Extra work will be one of the following: a)Additional work during a shift that falls outside of the regular scope of work such as emergency clean up. This will be verbally approved by the CONTRACT ADMINISTRATOR. b)Additional service for special events. An estimated cost for the extra work must be approved by the CONTRACT ADMINISTRATOR in writing. Cost of extra work will be billed compensated at the hourly rate of that specified for emergency work plus product and material costs (which may include a 15% mark-up on actual costs. City Attorney Approved Version 6/12/18 15 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC 9. SAFETY a.CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance of his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times 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 at a minimum, annual inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. b.CONTRACTOR shall notify the CONTRACT 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 CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10. HOURS AND DAYS OF SERVICES a.Janitorial service shall only take place during the specified hours and days of service. b.CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. SECURITY a.The CONTRACTOR shall be responsible for unlocking, locking and securing the buildings, including alarm systems, before and after performing services. The CONTRACTOR shall be responsible for disabling alarm systems before performing services, and responsible for re-arming alarm systems upon completion of work if no CITY employees are on-site. b.The CONTRACTOR shall not duplicate keys to buildings and park restrooms; additional keys, as needed, shall be provided by the CONTRACT ADMINISTRATOR. The CONTACTOR shall be required to perform an annual key audit with the CONTRACT ADMINISTRATOR or designee. c.CONTRACTOR employees shall not use CITY phones, computers, copiers, fax machines, custodial equipment or other such equipment. d.All lights are to be turned off when leaving unoccupied buildings 11. PERFORMANCE MANAGEMENT PLAN a. CONTRACTOR'S Performance Management Procedures must be detailed and samples of reports, logs, tools, etc., of said performance management should be included in the Proposal. Shift reports, sign-off sheets or the like, documenting specific work performed City Attorney Approved Version 6/12/18 16 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC during that period and detailing any required reporting and/or problems encountered shall be made available to the CONTRACT ADMINISTRATOR upon request. b.In addition to the above reports, the Performance Management Procedures Program shall be capable of generating monthly Inspection Summary Reports. The inspection summary report(s) shall provide a summary of all inspections for the locations serviced in the CITY and shall include the total number of inspections performed during any given month, the frequencies if discrepancies by type and associated correction timeframes, number and types of maintenance observations reported during said period and all other relevant summary data. c.CONTRACTOR'S authorized Manager and designated Supervisory Staff shall meet quarterly with the CONTRACT ADMINISTRATOR and/or designee to review Contract Performance. CONTRACTOR'S equipment and chemicals may be reviewed by the CONTRACT ADMINISTRATOR or designee upon request to assure compliance and proper function. The CONTRACTOR will be required to modify, change and improve equipment and supplies as indicated by these inspections. d.The CONTRACTOR shall conduct performance evaluations on the contracted staff and be available for review by the CONTRACT ADMINISTRATOR after the first 30 days, 60 days, 90 days and 120 days of the initial contract year. Further evaluations shall be requested at the discretion of the CONTRACT ADMINISTRATOR for the life on the Contract. e.Service Verification: i.The City of Carlsbad shall provide access to a cloud-based GPS based Janitorial management system. CONTACTOR shall provide for and ensure each employee is equipped and be able to access the system from the service location. This system will provide geofence based tracking of staff at each location serviced, and service verification. ii.The system will identify each staff member by name. iii.Staff will verify completion of service in real time. iv.Staff will report maintenance issues in real time. v.CONTRACTOR will ensure staff have active snnartphones. The application shall be installed in each phone and be active during times of service. vi.Failure to report completed service and/or keep the phone active during service, will be treated as a complaint as detailed in Section 5c. 12. CONTRACTOR'S DAMAGES All damages or losses incurred or breach of security to existing facilities by the CONTRACTOR'S operation due to errors, mistakes, malfeasance or misfeasance or any other reason by the CONTRACTOR'S employees shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. City Attorney Approved Version 6/12/18 17 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC 13. COMMUNICATIONS AND EMERGENCY RESPONSE a.Report any emergency of a safety, security or health problem to the CITY Police Dispatcher (760-931-2197) immediately for reasons including, but not limited to, an un- lockable exterior door, broken ground floor window, plumbing stops or leaks, electrical power outage, cooling or heating malfunction, any security violations, vandalism or other similar problem that cannot wait to be repaired until the next work day. Contracted staff will also report these issues to the CONTRACT ADMINISTRATOR with in twenty-four (24) hours of detection or observation. Emergency problems reported to the Dispatcher and non-emergency items that require attention shall be expeditiously submitted in writing to the CONTRACT ADMINISTRATOR on the next workday. b.The CONTRACTOR and designated supervisor shall carry either a cellular phone capable of receiving text messages and phone calls on them during their schedule shift so that CITY staff may reach them for required services. The CONTRACTOR shall provide the CONTRACT ADMINISTRATOR said phone numbers. All pager or cellular expenses shall be paid for by the CONTRACTOR and payment for such cost shall be in the bid pricing provide. No additional compensation will be paid. c.Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. d.All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the CONTRACT ADMINISTRATOR. If any complaint is not abated within 24 hours, the CONTRACT ADMINISTRATOR shall be notified immediately of the reason for not abating the complaint followed by a written report to the CONTRACT ADMINISTRATOR within five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of the CONTRACT ADMINISTRATOR, the CONTRACT ADMINISTRATOR may correct the specific complaint and the total cost incurred by the CITY will be deducted and forfeit from payments owing to the CONTRACTOR from the CITY. e.The CONTRACTOR shall maintain a written log of all call back / complaint communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR via a shared electronic drive. f.CONTRACTOR'S supervisor shall carry a cellular phone with local San Diego region area code. Supervisor shall be expected to respond or coordinate responses to requests from the CITY within thirty minutes. 14. CONTRACTOR'S STAFF AND TRAINING a. The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein so that is does not disrupt the functions and normal day-to-day operations, public meetings, classes or events of CITY Facilities. The CITY will not provide any supervision to Contracted employees. City Attorney Approved Version 6/12/18 18 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC CONTRACTOR must have sufficient staffing to oversee all staff, to include training, supervision and the resolution of issues or problems that may arise. b.The CONTRACTOR shall consider and plan for appropriate labor resources for illness, vacation and other loss time events so services shall continue uninterrupted. c.CONTRACTOR shall not hire temporary type employee hired on the spot through an employment agency that have not been disclosed in the bid docs, successfully passed a fingerprinting and background screening and have been properly trained. In no case shall any hires be made without proper background and finger printing checks d.CONTRACTOR shall make available an updated list of all staff and supervisors, and include work locations. e.Contracted staff is expected to handle any necessary communication and actions with CITY staff and the public in a professional manner. f.All CONTRACTED staff must pass a Livescan background check prior to being issued access or keys to CITY buildings. Throughout the life of the CONTRACT, the CITY reserves the right to require the CONTRACTOR to have fingerprinting and background checks updated or completed upon request. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. g.Contracted staff shall not engage in and shall prohibit the moving and reading of papers on desks, the opening of desk drawers and cabinets, the using of CITY telephones and office equipment. h.Contracted staff shall not remove or consume anything belonging to the CITY or CITY employees, including removal of food and beverages from CITY refrigerators, cabinets or lockers. This policy includes any articles that may be deposited for disposal in trash or recycling receptacles. i.Contracted staff shall not operate or adjust the settings of any of the heating, ventilating or air conditioning systems in any facilities without written authorization of the CONTRACT ADMINISTRATOR. CONTRACTOR shall have an "on-site" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this Agreement performance period. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "on-site" representative. CONTRACTOR'S "on-site" representative shall be responsible for instructing and training of CONTRACTOR's personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all custodial services and functions to completely accomplish the work as required by this Agreement. The "on-site" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). k. Each crew of CONTRACTOR's employees shall include at least one individual who speaks the English language proficiently. For the purposes of this section a crew is City Attorney Approved Version 6/12/18 19 DocuSign Envelope ID: 38D70D90-7C45-4A56-9139F-368E2F634A02 PSA21-1448FAC understood to be any individual worker or group of workers who might service any site without other CONTRACTOR's supervisory personnel present. I. The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action 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 of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR's employees will not be detrimental to the interest of the public patronizing the premises m.The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR's personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR's personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises. n.The CONTRACTOR shall require personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR's company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean professional appearance of the CONTRACTOR's personnel at all times. Shirts shall be worn, buttoned and tucked in at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. o.CITY facilities are "off limits" to all unauthorized personnel. There will be no unauthorized visits by friends, family, pets or other people during the work shift. Authorization must be in writing and come from the CONTRACT ADMINISTRATOR. p.CONTRACTOR, its employees or representatives shall not represent to anyone that the CONTRACTOR or its employees or representatives is an employee or representative of the CITY for any purposes. CONTRACTOR shall be solely responsible for all acts of its employees or representatives during the performance of this CONTRACT. q.The CONTRACTOR shall provide appropriate safety training and associated documents for all staff in accordance with CALOSHA requirements. Records of such training and documents shall be provided to CONTRACT ADMINISTRATOR upon request. r.The CONTRACTOR shall maintain a training record for each employee, the training records shall show, as a minimum, the employee's name, date of employment and the type and date of each training topic. The CONTRACT ADMINISTRATOR or designee may, from time to time, monitor the conduct of such training classes. Documentation of all training shall be supplied to the CONTRACT ADMINISTRATOR upon request. s.Contracted staff shall be assigned to a specific building(s) and shall be exclusive in that area and will not perform other or additional duties specified herein during that shift, unless approved by the CONTRACT ADMINISTRATOR. All contracted staff shall City Attorney Approved Version 6/12/18 20 DocuSign Envelope ID: 38070D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC be on a full time, onsite basis unless otherwise approved in writing by the CONTRACT ADMINSTRATOR. t. All contracted staff will remain in the assigned building(s) during their work shift, with the exception of using the restroom or for designated breaks. At those times employees may be in designated restroom/break areas. 15. NON-INTERFERENCE - NOISE a.CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations 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. b.In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. c.CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment outdoors prior to 7:00 a.m. or later than 10:00 p.m. Further, any schedule of such operations may be modified by CONTRACT ADMINISTRATOR in order to ensure that the public is not unduly impacted by the noise created by such equipment. 16. RECYCLING PROGRAM & COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS a.CONTRACTOR shall be responsible for participating in the Solid Waste / Recycling Program at the CITY as well as the use of green chemicals and products. The CONTRACTOR will be responsible for placing segregated waste materials into the proper receptacles. This includes all current and future waste streams and recycling waste streams. CONTRACTOR will handle segregated materials in a manner to ensure that recycling receptacles are not used for inappropriate materials. Recycled material place in dumpster must not be bagged. b.The CONTRACTOR shall be responsible for supporting any future recycling efforts or enhancements that the CITY implements during the life of the Contract. c.The CONTRACTOR shall practice energy conservation by keeping windows and exterior doors closed (do not prop open). Water from sinks is not allowed to run continuously. d.The CONTRACTOR shall comply with all Storm Water Best Management Practices (BMPs). CONTRACTOR will incorporate and comply with all applicable BMPs during the completion of this Agreement. All work must be in compliance with the San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference including but not limited to capture and legal disposal of all cleaning compounds, liquids or other related materials. City Attorney Approved Version 6/12/18 21 DocuSign Envelope ID: 38D70090-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC In the case of a release, spill or leak as a result of the CONTRACTOR'S activities, CONTRACTOR shall immediately control and remediate the contaminated media to applicable federal, state and local standards. The CONTRACTOR agrees that in such event it will immediately clean up all spills and the cleanup material shall be disposed of offsite at the CONTRACTOR'S sole expense. The CONTRACTOR agrees that it shall reimburse the CITY for any penalties and all costs and expenses, including without limitation attorney's fees, incurred by the CITY as a result of the release or disposal by the CONTRACTOR. 17. EQUIPMENT a.The CONTRACTOR shall furnish all equipment, accessories and tools necesssary to perform the work properly as defined in this Contract. Contracted staff shall insure prior to the beginning of each work shift that each janitorial closet and each janitorial cart is provided with the appropriate equipment, chemicals and supplies. The CONTRACTOR shall clearly label all equipment with their company name. An inventory will be conducted thirty (30) days after the start of the CONTRACT and may be conducted at the discreation of the CONTRACT ADMINISTRATOR through the life of the Contract to verify that the CONTRACTOR has the sufficient tools and equipment to perform all services. b.All equipment required for the performance of work under this Contract shall be functioning, clean and well maintained. Equipment shall be designed to perform the kind of work prescribed in the specifications at the time services begin at the CITY, whether leased or purchased. Said equipment shall be used exclusively for the performance of work defined herein. Examples include but are not limited to vacuums, scrubbing machines, rotary machines, carpet extractors, restroom cleaning systems, brooms, brushes, mops, mop buckets, cleaning towels and dust wands. c.The Contractor shall provide, maintain, repair and/or replace monthly or as needed, all necessary custodial tools and equipment including but are not limited to brooms, brushes, mops, pails, vacuum cleaners, rotary buffers, dust cloths, dust wands, scrubbers, etc. Mop heads must be a quality brand name microfiber flat mop and shall be laundered every day and replaced per the manufactures recommendations. d.The CONTRACTOR shall submit with the Proposal and before the beginning the work to the CONTRACT ADMINISTRATOR a list of each type of equipment and tools to be used over $1,000.00 in cost, showing all the required capable items, the manufacturer's specifications and photocopies of each type of equipment and tool. e.The CONTRACTOR shall not use alternate equipment or tools without prior written permission from the CONTRACT ADMINISTRATOR. If requested by the CONTRACT ADMINISTRATOR, the CONTRACTOR shall make the equipment and/ or tools available for performance evaluation by the CONTRACT ADMINISTRATOR. Any costs associated with the evaluation shall be the sole responsibility of the CONTRACTOR. City Attorney Approved Version 6/12/18 22 DocuSign Envelope ID: 38070090-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC g.The CONTRACTOR shall maintain on file a complete set of operating and maintenance instructions for all types, brands and models or powered equipment used in the performance of the work required herein. h.All equipment shall have adequate bumpers and guards to prevent marking or scratching of fixtures, furnishings and/or building surfaces. i.All electrical equipment used by the CONTRACTOR shall meet all applicable safety requirements. This shall include either the use of ground fault interrupters or a wiring inspection program to assure the integrity of ground pins, grounding continuity, strain relief and insulation quality of plugs and cords. This equipment must operate at full rated performance levels using existing building circuits. It shall be the responsibility of the CONTRACTOR to prevent the operation or the attempted operation of electrical equipment or combinations of equipment that requires power exceeding the capacity of the existing building circuits. 18. CHEMICALS, CLEANING PRODUCTS & MATERIALS a.All work involving the use of chemicals shall be in compliance with all Federal, State and local laws. CONTRACTOR must demonstrate safety procedures for use of chemicals. b.The CONTRACTOR may use the installed Waxie Dilution Control Solution Systems and the appropriate chemicals, but may not use CITY owned chemicals. c.Records of all operations, including applicators names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to governing regulations. d.Safety Data Sheets (SOS) and sample labels shall be provided to the CONTRACT ADMINISTRATOR for all products and chemicals used within the CITY, and shall be on site during any application, mixing or transporting of these products and chemicals. All chemical bottles shall have approved labels affixed. Hand written labels are not acceptable. e.No chemicals or cleaning agents shall be stored at any facility without the express written permission of the CONTRACT ADMINISTRATOR. CONTRACTOR shall carry chemicals and cleaning agents to and from the job site daily. f.Materials used by CONTRACTOR in the performance of this Agreement, including but not limited to cleaning supplies and paper products, shall consist only of those specific types and brands list in the Request for Proposals (RFP21-1382FAC) or approved in writing by the CONTRACT ADMINISTRATOR. g.The CONTRACTOR shall supply and maintain adequate supplies of the following products at all restrooms. If available, CONTRACTOR may use, with authorization of the CONTRACT ADMINISTRATOR, custodian closets or restroom storage areas. i.Toilet paper ii.Paper towels iii.Seat liners City Attorney Approved Version 6/12/18 23 DocuSign Envelope ID: 38070D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC iv.Hand soap v.Shower soap/bodywash vi.Hand sanitizer vii.Wastebasket liners h.The CITY currently utilizes Waxie Sanitary Supply as our contracted Custodial Supply vendor. Waxie has agreed to provide the Custodial Services Contractor with the listed materials at the current CITY contract price, subject to annual adjustment limited to the Consumer Price Index increase for San Diego County. The Custodial Service Contractor is not mandated to utilize Waxie Sanitary Supply as the vendor for supplies, however any products proposed for use must meet all the specifications of the listed products and shall be "Equal" in quality. The CONTRACT ADMINISTRATOR shall be the sole judge of suitability of any submitted "Equal" product. The CITY may at any time, at its option, replace the current Custodial Supply Vendor and cannot guarantee that the costs of materials from alternate Custodial Supply vendors will not change. i.The CONTRACTOR may contact the CITY's custodial supply representative with any questions regarding Waxie products. 19. DRUG AND ALCOHOL FREE WORKPLACE a.The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. b.CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'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. c.CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. d.CITY has the right to terminate or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached any of the provisions noted above. 20. ASSIGNMENT OF CONTRACT a. CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. City Attorney Approved Version 6/12/18 24 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC EXHIBIT "B" CITY OF CARLSBAD CUSTODIAL SERVICES SCOPE OF WORK When contracted work begins the CONTRACTOR shall clean all buildings service to APPA Cleaning Level 2 within 3 months of receiving the notice to proceed. When this has been completed the CONTRACTOR and CONTRACT ADMINISTRATOR will inspect the buildings to confirm and agree that this requirement has been met. Cleaning Scope of Services Cleaning Products and Consumables All cleaning products, soap, hand sanitizer, toilet paper and paper towels to be provided by CONTRACTOR as required by the Request for Proposals RFP21-1382FAC, incorporated by reference. The CONTRACTOR may use alternative equivalent products with written approval from the CONTRACT ADMINISTRATOR. Expectations of Service The intent of this scope is to provide restrooms that are clean, sanitized, stocked and odor free throughout the day. Daily Overnight Cleaning 10 p.m. to 8 a.m. (Beach Bluff and Tamarack Beach restrooms 10 p.m.to 6 a.m.) 1.Sweep floors inside restroom. Collect debris and dispose. 2.Spray down walls, floors, fixtures, partitions, counters, toilets, urinals and sinks with disinfecting cleaner. Allow solution to sit for approximately 10 minutes for effective disinfecting. 3.Scrub floors and base thoroughly with a deck brush. Use crevice tool for floor/wall transitions, corners and partition bases. 4.Hose down walls, partitions, toilets, urinals with pressure nozzle and squeegee water into floor drain. 5. Pick up residual debris, do not hose outside or into floor drain. 6.Scrub/wipe partitions, walls, toilets, urinals, sinks and counters. No dust, grime, build up, rust or dirt should be evident on partitions, fixtures, valves, drain pipes, drain covers and faucets. 7.Clean mirrors (if applicable) with disinfectant, and wipe to streak free condition. 8.Clean dispensers with disinfectant, and wipe to streak free condition. Dispensers should be free of oxidation, grime, build up and rust. 9.Wipe changing tables (if applicable) inside and out. City Attorney Approved Version 6/12/18 25 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC 10.Restock toilet paper if existing roll is less than 50% full. 11.Top off soap dispensers as needed. 12.Clean all drinking fountains attached to building with disinfecting cleaner. 13.Sweep outside entrance path area (concrete pad approximately 5' from perimeter walls next to restroom entrance). 14.Report any damage, clogged fixtures, emergency cleaning and graffiti to CONTRACT ADMINISTRATOR immediately. Lock up Gates/Doors — 10 p.m. to 11 p.m. Unlock Gates/Doors — 6am (beach restrooms), 7am-8am (all other restrooms) Porter Service •10 a.m. to noon •2 p.m.to 4 p.m. •5 p.m.to 7 p.m. 1.Sweep floors 2.Wipe down sinks and faucets with disinfecting cleaner. 3.Wipe down toilets/urinals with disinfecting cleaner. 4.Wipe down touch points (dispensers, handles, partition hardware) with disinfecting cleaner. 5.Use% fold method on wiping rag to reduce any cross contamination • 6.Do not re-use wiping rag in other restrooms 7.Restock toilet paper as needed 8.Check and top off soap if needed 9.If restroom is heavily soiled shut the room down and fully clean and disinfect. Report to CONTRACT ADMINISTRATOR, include time/date stamped pictures to justify additional work and report time spent. Weekly (performed in place of daily service) CONTRACTOR will provide weekly deep clean schedule to CONTRACT ADMINISTRACTOR in advance of performing this service. Deep Cleaning (after hours) 1.Sweep floors, collect debris and dispose of in trash can. 2.Dust walls, ceilings and light fixtures to remove all dust, cobwebs, leaves etc. 3.Spray down walls, floors, fixtures, partitions, counters, toilets, urinals and sinks with disinfectant solution. Allow solution to sit for 10 minutes. City Attorney Approved Version 6/12/18 26 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC 4. Scrub floors with low speed buffing/scrubbing machine (recommended size 12"-16" diameter). Use deck and crevice brushes to clean hard to reach areas, cove and base. Floor to be completely free of dirt, grime, gum and build up after this process. 5. Pressure wash all surfaces (pressure should be limited to eliminate damage to surfaces and fixtures) a.Sinks b.Faucets c.Counters (do not pressure wash counters with wood or wood composite core such as "Formica". Contact CONTRACT ADMINISTRATOR if clarification is required. d.Walls (if tile, epoxy paint over concrete or FRP) e.Partitions f.Changing tables (if applicable) g.Toilets h.Urinals 6. Walls, partitions, fixtures and ceilings to be completely free of dust, cobwebs, dirt, scale, grime, gum and build up after this process. 7. Squeegee floors and partitions. Wipe down all other surfaces. 8. Restock toilet paper if existing roll is less than 50% full. 9. Top off soap dispensers as needed. 10. Clean all drinking fountains attached to building with disinfecting cleaner. 11. Report any damage, clogged fixtures and graffiti to CONTRACT ADMINISTRATOR immediately. 12. Wipe main entrance doors/gates such that they are free of dust, grime and building up. 13. Clean custodial closet/storage area a.Clean mop sink such that no dirt, grime or build up is evident. b.Equipment (buckets, mops, rags etc.) must be clean and labelled with CONTRACTOR name. c.Sweep/mop floor. d.Disinfecting cleaner, hand soap and 10 rolls of toilet paper must be stocked at all times. e.All cleaning chemicals must be in labeled containers. Cleaning chemicals must be on approved list attached to this contract. Equivalent products will be considered on a case by case basis as requested by the CONTRACTOR, who must maintain approval records. f.Remove trash and empty boxes. 14. Report any damage, clogged fixtures and graffiti to CONTRACT ADMINISTRATOR immediately. City Attorney Approved Version 6/12/18 27 DocuSign Envelope ID: 38D70D90-7C45-4A56-9B9F-368E2F634A02 PSA21-1448FAC Additional Services Emergency Cleaning (as needed) Close restroom (put up closed sign) and Perform daily service routine Drain blockages (as needed) Close restroom (put up closed sign). Unclog blocked sinks and toilets using plunger or snake. If clog is beyond 15 feet of the fixture CONTRACTOR will immediately shut down the affected fixture using caution tape or, if necessary, shut down the restroom and post closed notice. Notify CITY immediately. Graffiti Removal (as needed) 1.Graffiti removal. If graffiti cannot be removed by scrubbing with graffiti removal solutions, CONTRACTOR will immediately paint over the affected area with approved paint. 2.CONTRACTOR shall report to CITY immediately any unsafe or unsightly conditions observed. Snack Bars/Serving Facility 1. Upon request — 1 weeks' notice will be provided 2. Sweep floors, collect debris and dispose of in trash can. 3. Dust walls, ceilings and light fixtures to remove all dust, cobwebs, leaves etc. 4. Scrub floors with disinfectant using slow speed buffing/scrubbing machine (recommended size 12"-16" diameter). Use deck and crevice brushes to clean hard to reach areas, cove and base. Floor to be completely free of dirt, grime, gum and build up after this process. 5. Disinfect and clean all surfaces a.Sinks, Faucets, Walls b.Counters (do not pressure wash counters with wood or wood composite core such as formica). Contact CONTRACT ADMINISTRATOR if clarification is required. c.Refrigerators/appliances inside and out (if applicable) 6. Walls, partitions and ceilings to be completely free of dust, cobwebs, dirt, grime, gum and build up after this process. 7. Squeegee floors and partitions. Wipe down all other surfaces. 8. Top off soap dispensers as needed. 9. Report any damage, clogged fixtures and graffiti to CONTRACT ADMINISTRATOR immediately. 10. Wipe doors/ window gates such that they are free of dust, grime and build up. 11. Remove trash. 12. Report any damage to CONTRACT ADMINISTRATOR immediately. City Attorney Approved Version 6/12/18 28 DocuSign Envelope ID: 38D70D90-7C45-4A56-989F-368E2F634A02 PSA21-1448FAC EXHIBIT "C" CITY OF CARLSBAD CUSTODIAL SERVICES EXPECTATIONS, STANDARDS, DESCRIPTION OF TASKS 1. EXPECTATION OF SERVICE The CITY of Carlsbad has set minimum standards for the cleanliness of the facilities, this CONTRACT refers to Association of Physical Plant Administrators (APPA) standards (Appa.org) The City of Carlsbad requires buildings to be maintained at APPA Level 2 standards. If a building is observed to be Level 2 or lower the CONTRACT ADMINISTRATOR will advise the CONTRACTOR to bring the building to an acceptable standard within 24 hours. The CONTRACTOR may request additional time, which will be considered and approved on a case by case basis. Level 2—Ordinary Tidiness indicators •Floors and base molding shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be up to two days' worth of dust, dirt, stains, or streaks. •All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints are noticeable upon close observations. Lights all work and fixtures are clean. •Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate. •Trash containers and pencil sharpeners hold only daily waste and are clean and odor free. 2. DESCRIPTION OF TASKS Empty Trash & All interior trash receptacles and recycle bins shall be emptied Recycle Bins completely in the appropriate receptacles, the trash can is cleaned Replace Liners, inside and out as needed, and an appropriately sized liner installed. Restock Paper Co-mingled recycle bins to maintain separation from trash and be Products emptied in recycle bins provided. All paper products shall be restocked as so that they are 50% full at all times. Sweep Floors All resilient tile floors (rubber, vinyl, terrazzo) shall be swept with a broom or dry mopped so as to leave the floor in a dirt/dust/debris free state. Dry mops should be sprayed with a dust mop treatment prior to use. Damp Mop Use microfiber flat mop system. All hard floor surfaces shall be Hard Floors damp mopped with a germicidal detergent solution to remove any (tile, concrete, and all spills. Scuffmarks or stains are not expected to be removed rubber and with damp mopping. Trash receptacles, shall be moved when resilient) necessary to mop underneath and shall be moved back to their proper area in a timely manner. After mopping, the floor shall have a uniform appearance with no streaks, swirl marks, detergent City Attorney Approved Version 6/12/18 29 DocuSign Envelope ID: 38070D90-7C45-4A56-989F-368E2F634A02 PSA21-1448FAC residue or any evidence of soil. There shall be no splash marks or mop streaks on furniture, walls, baseboards remaining in the area. There shall be no residual surface water or puddling. Care must be made to prevent build up in corners and at floor wall transitions. Clean Glass and mirrors Interior glass, mirrors, frames and glass surfaces within the space shall be cleaned and left streak-free with no building up, grime, dust, cobwebs, rust etc. Surfaces All counter-tops, doors, partitions, mirrors, dispensers, toilets, urinals, window ledges, door frames etc. are to be free of dust, grime or any other build up. Clean and polish appliances and metal surfaces. All surfaces to be free of dust, debris, grime, scale and rust. Surfaces must be clean and streak free. Wipe/Clean Drinking Fountains Daily cleaning with disinfectant and then rinse with water. Stainless steel fountains are to be cleaned with a stainless cleaner, inside and out, as well as fixtures. Porcelain fountains are to be cleaned with a mild abrasive. Fountains are to be free of water spots, stains, grime, fingerprints and smudges. Disinfecting surfaces All surfaces in restrooms, drinking fountains and touch points must be cleaned with a disinfecting surface cleaner, and applied in accordance with the product instructions. Trash cans All trash containers be cleaned inside and out so as to remove stains, smudges and dried refuse. High Dust: Vents, Lights, Etc. High Dust: Vents, Lights, fixtures, tops of doors and doorframes included. Restock Paper, Soap and hand sanitizer Paper towels seat covers and tissue dispensers are to be checked and filled whenever the product remaining is 30% or less. In restrooms of high usage, new rolls of tissue will be installed and the 30% or partial roll shall be placed on the dispenser. Soap and hand sanitizer is to be checked and filled or cartridge replaced when less than 1/4 of the product remains. Clean Fixtures All sinks, faucets and valves shall be cleaned and free of rust deposits, scale, stains, soap scum, grime, etc. Toilets and urinals shall be cleaned and sanitized so as to remove any deposits, scale, stains or odors. Attention must be paid to areas underneath and behind fixtures. Machine Scrub Floors Tile and concrete floors are to be machine scrubbed with appropriate brush or pad such that tile surface and grout at complete free of buildup and grime. There shall be no residual surface water or puddling. City Attorney Approved Version 6/12/18 30 City of Carlsbad/CMWD do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE aidaia.„ MEKENTE-01 ACALDWELL AC' 0 GP"' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDITYYY) 4/7/2021 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 Teague Insurance Agency, Inc. 4700 Spring St., #400 La Mesa, CA 91942-0275 CONTACT _NAME: PHONE FAX (A/C, No, Ext): (619) 464-6851 I (Arc, No):(619) 668-4715 E-MAIL i ADDRESS: nfo@teagueins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Northfield Insurance Company 0987 INSURED INSURER B : United Financial Casualty Company 111770 MEK Enterprises, Inc. INSURER C :Scottsdale Insurance Co. 41297 2191 Main Street INSURER D :State Compensation Insurance Fund 35076 San Diego, CA 92113 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: • INSR LTR THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES NOTVVITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH TYPE OF INSURANCE OF POLICIES. INSD PERTAIN, INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • ADDL-SUER WVD POLICY NUMBER POLICY EFF IMM/DDNYYY) POLICY EXP IMM/DD/YYYY1 LIMITS A X X . -- GEN'L _ COMMERCIAL GENERAL , CLAIMS-MADE 1 X Hired Non-Owned - AGGREGATE LIMIT APPLIES POLICY Lx .78f I OTHER: LIABILITY ! OCCUR Auto X x — WS407544 5/7/2020 5/7/2021 EACH OCCURRENCE $ 1,000,000 RVAIRg`()EiroNTErPence) S 100,000 MED EXP_ (Any one person) S 5,000 PERSONAL & ADV INJURY S 1,000,000 PER: i LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 -HNOA 1,000,000 S B AU °MOBILE LIABIUTY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY , 00735145-1 5/20/2020 5/20/2021 COMBINED SINGLE LIMIT fEa accident) S 1,000,000 X BODILY INJURY (Per person) II S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE X X XBS0123295 5/7/2020 5/7/2021 EACH OCCURRENCE $ 2,000,000 X AGGREGATE 1 $ 2,000,000 DED X RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN N / A x - 92720422021 3/5/2021 3/5/2022 V PER STATUTE 0TH- X EU ER E .L. EACH ACCIDENT 1,000,000 $ I I-- below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ 1 1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be !attached if more space is required) The City of Carlsbad is included when required by written contract or agreement as additional insured for ongoing and completed operations with primary non-contributory and waiver of subrogation with per project aggregate with respects to general liability, waiver of subrogation with respects to workers compensation. Excess liability follows general liability and auto liability, per the forms attached. In the event of a cancellation, the City of Carlsbad will be notified. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) 0 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy #1NS407544 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH FIELD XTEND ENDORSEMENT - CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Total General Aggregate Limit And Per Project General Aggregate Limit B.Property Of Others - Limited Care, Custody Or Control Coverage C.Lost Key Expenses Coverage D.Blanket Additional Insured (Contractors) (Including Products-Completed Operations) E.Blanket Waiver Of Subrogation PROVISIONS A. TOTAL GENERAL AGGREGATE LIMIT AND PER PROJECT GENERAL AGGREGATE LIMIT 1. The following is added to SECTION III - LIMITS OF INSURANCE: A Total General Aggregate Limit and a Per Project General Aggregate Limit applies. a. The Total General Aggregate Limit of $5,000,000 is the most we will pay for the sum of all: (1)Medical Expenses under Coverage C; (2)Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and (3)Damages under Coverage B; regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; (3)Persons or organizations making claims or bringing "suits"; or (4)"Projects". b. A separate Per Project General Aggregate Limit applies for all sums which the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" caused by an "occurrence" under Coverage A, and for all medical expenses for "bodily injury" caused by an accident under Coverage C, that can be attributed only to operations at a single "project". ©2018 The Travelers Indemnity Company. All rights reserved. S3048-CG (6/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page I of 7 The Per Project General Aggregate Limit is an amount equal to the amount of the General Aggregate Limit shown in the Declarations. Subject to the Total General Aggregate Limit, the Per Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C, regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; or (3)Persons or organizations making claims or bringing "suits". Any payments made under Coverage A for damages or under Coverage C for medical expenses will reduce both the Total General Aggregate Limit and the Per Project General Aggregate Limit for that "project". Such payments will not reduce the General Aggregate Limit shown in the Declarations, nor will they reduce any other Per Project General Aggregate Limit for any other "project". The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply to each "project" subject to both the Total General Aggregate Limit and the applicable Per Project General Aggregate Limit for that "project". c. For all sums which the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" caused by an "occurrence" under Coverage A, and for medical expenses for "bodily injury" caused by an accident under Coverage C, that cannot be attributed only to operations at a single "project": (1)Any payments made under Coverage A for damages will reduce both the Total General Aggregate Limit and the General Aggregate Limit, or will reduce the Products-Completed Operations Aggregate Limit, whichever is applicable; (2)All payments made under Coverage C for medical expenses will reduce both the Total General Aggregate Limit and the General Aggregate Limit; (3)Such payments will not reduce the Per Project General Aggregate Limit for any "project"; and (4)The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. d. .When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit and will not reduce the Total General Aggregate Limit, the General Aggregate Limit, or the Per Project General Aggregate Limit for any "project". 2. The following replaces Paragraph 2. of SECTION III - LIMITS OF INSURANCE: 2. The General Aggregate Limit is the most we will pay for the sum of: a.Damages under Coverage B; and b.Damages because of "bodily injury" or "property damage" caused by an "occurrence" under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for all medical expenses for "bodily injury" caused by an accident under Coverage C, that cannot be attributed only to operations at a single "project". 3. The following is added to the DEFINITIONS Section: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of-way of a railroad, will be considered a single "project". @2018 The Travelers lnoemnity Company. All rights reserved. 83048-CG (6/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 B. PROPERTY OF OTHERS - LIMITED CARE, CUSTODY OR CONTROL COVERAGE 1. The following is added to Exclusion j., Damage To Property, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to "property of others" that arises out of your operations and is not caused by conversion or unauthorized taking or use. Separate limits of insurance apply to Property Of Others - Limited Care, Custody Or Control as described in SECTION III - LIMITS OF INSURANCE. The following is added to SECTION III - LIMITS OF INSURANCE: Property Of Others Limits Of Insurance Subject to the General Aggregate Limit, the Property Of Others Aggregate Limit of $50,000 is the most we will pay for all damages because of "property damage" to "property of others". Subject to the Each Occurrence Limit, the Property Of Others Each Occurrence Limit of $25,000 is the most we will pay for all damages because of "property damage" to "property of others" arising out of any one "occurrence". 3. The following Section is added: PROPERTY OF OTHERS DEDUCTIBLE 1.Our obligation to pay damages on your behalf for "property damage" to "property of others" applies only to the amount of "property damage" to "property of others" in excess of the Property Of Others Deductible amount of $1,000. The Property Of Others Aggregate Limit will not be reduced by the application of such deductible. 2.The deductible amount applies to all "property damage" to "property of others" as a result of any one "occurrence" regardless of the number of persons or organizations who sustain "property damage" because of that "occurrence". 3.Our right and duty to defend, and your duties in the event of an "occurrence", claim or "suit" under this insurance, apply irrespective of the application of the deductible amount. 4.We may pay any part or all of the deductible amount to settle any claim or "suit" for "property damage" to "property of others" and, upon notification of the settlement action, you must promptly reimburse us for the part of the deductible amount paid by us. 4. The following is added to the DEFINITIONS Section: "Property of others" means tools or equipment of others while being used by the insured in performing the insured's operations. C. LOST KEY EXPENSES COVERAGE 1. The following is added to SECTION I - COVERAGES: COVERAGE - LOST KEY EXPENSES 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as "lost key expenses" because of "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking "lost key expenses". However, we will have no duty to defend the insured against any "suit" seeking "lost key expenses" because of "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or claim and settle any claim or "suit". But: (1) The amount we will pay for "lost key expenses" is limited as described in SECTION III - LIMITS OF INSURANCE; and 02018 The Travelers lnoemnity Company. All rights reserved. S3048-CG (6/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, Coverage B, medical expenses under Coverage C or Coverage - Lost Key Expenses. We will have no other obligation or liability to pay sums or perform acts or services unless explicitly provided for under Supplementary Payments. b. This insurance applies to "property damage" only if: (1)The "property damage" is caused by an "occurrence" of a "lost key event" that takes place in the "coverage territory"; (2)The "property damage" occurs during the policy period; and (3)Prior to the policy period, no insured listed under Paragraph 1. of SECTION II - WHO IS AN INSURED and no "employee" authorized by you to give or receive notice of an "occurrence" of a "lost key event" or claim knew that the "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "property damage" had occurred in whole or in part, then any continuation, change or resumption of such "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of SECTION II - WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" of a "lost key event" or claim, includes any continuation, change or resumption of that "property damage" after the end of the policy period. 41. "Property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION II - WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" of a "lost key event" or claim: (1)Reports all, or any part, of the "property damage", including any claim or "suit" involving or alleging it, to us or any provider of other insurance; (2)Receives a written or verbal demand or claim for "lost key expenses" because of "property damage"; or (3)Becomes aware by any other means that "property damage" has occurred, has begun to occur, or is alleged to have occurred or begun to occur. 2.The following replaces Paragraph 1.a.(2), and the last sentence of Paragraph 1.a., of SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and of SECTION I - COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage - Lost Key Expenses, Coverage A, Coverage B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. 3.The following replaces the title SUPPLEMENTARY PAYMENTS - COVERAGES A AND B of SECTION I - COVERAGES: SUPPLEMENTARY PAYMENTS 4.The following is added to Paragraph 2. of SECTION III - LIMITS OF INSURANCE as a subparagraph identifying another coverage to which the General Aggregate Limit applies: "Lost key expenses" under Coverage - Lost Key Expenses. @ 2018 The Travelers Indemnity Company. All rights reserved. S3048-CG (6/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 al 7 5. The following provisions are added to SECTION III - LIMITS OF INSURANCE: Lost Key Expenses Limit Of Insurance And Deductible An Each Lost Key Event Limit and a deductible apply to "lost key expenses' because of "property damage". a.Subject to the General Aggregate Limit, the Each Lost Key Event Limit of $2,500 is the most we will pay under Coverage - Lost Key Expenses for the sum of all "lost key expenses" because of "property damage" arising out of an "occurrence" of a "lost key event". b.A Lost Key Expenses Deductible of $250 applies. Our obligation under Coverage - Lost Key Expenses to pay "lost key expenses" on your behalf applies only to the amount of "lost key expenses" in excess of the deductible. The Each Lost Key Event Limit will be reduced by the amount of such deductible. The $250 deductible applies towards handling, investigation, adjustment, and legal expenses, even when no payment is made to the claimant, when a compromise settlement is reached, or when the claim is denied. The $250 deductible applies to all "lost key expenses" because of "property damage" as a result of any one "occurrence" of a "lost key event" regardless of the number of persons or organizations who sustain "lost key expenses" because of that "occurrence" of a "lost key event". The terms of this insurance, including those with respect to: (1)Our right and duty to defend the insured against any "suits" seeking those "lost key expenses"; and (2)Your duties in the event of an "occurrence" of a "lost key event", claim or "suit", apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for the part of the deductible amount paid by us. 6. The following is added to SECTION V - DEFINITIONS: "Lost key event" means the loss or mysterious disappearance of keys of others in the care, custody or control of the insured. "Lost key expenses" means the reasonable cost of: a.Replacement keys; b.The adjustment of locks to accept replacement keys; or c.New locks and keys, including the cost of installation of such new locks. D. BLANKET ADDITIONAL INSUREDS (CONTRACTORS) (INCLUDING PRODUCTS-COMPLETED OPERATIONS) 1. The following is added to SECTION ll - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part is an insured, but: a.Only with respect to liability for "bodily injury" or "property damage"; b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, and such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization; and 2018 The Travelers Indemnity Company. All rights reserved. 53048-CO (6/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 C. Subject to the following limitations and conditions on the insurance provided to the additional insured: (1) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured will be limited to the limits of liability required by that "written contract requiring insurance" and will not increase the limits of insurance described in SECTION III - LIMITS OF INSURANCE. (2) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" arising out of the providing, or failure to provide, 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 or change orders, or the preparing, approving: or failing to prepare or approve, drawings and specifications; and (b)Supervisory, inspection, architectural or engineering activities. (3) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. (4) The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that other insurance. But the insurance provided to the additional insured still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such other insurance. (5) As a condition of coverage provided to the additional insured: (a) The additional insured must give us written notice as soon as practicable of an "occurrence" which may result in a claim. To the extent possible, such notice should include: (i)How, when and where the "occurrence" took place; (ii)The names and addresses of any injured persons and witnesses; and (iii)The nature and location of any injury or damage arising out of the "occurrence". (b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: (i)Immediately record the specifics of the claim or "suit" and the date received; and (ii)Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to the additional insured is primary to other insurance available to the additional insured which covers that person or organization as a named insured. © 2018 The Travelers Indemnity Company. All rights reserved. S3048-CG (6/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 2. The following is added to the DEFINITIONS section: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" or "property damage" occurs: a.After the signing of the contract or agreement by you; b.While that part of the contract or agreement is in effect; and c.Before the end of the policy period. E. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights 01 Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contact or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" caused by an "occurrence" that takes place; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the written contract or agreement. ©2018 The Travelers Indemnity Company. All rights reserved. S3048-CG (6/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Policy WS407544 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL GENERAL AGGREGATE LIMIT PER PROJECT(S) - GENERAL AGGREGATE LIMIT This endorsement is EFFECTIVE 0 S / 0 / 2020 *and is part of Policy Number: WS4 0 7 5 4 4 *issued to: MEK EnterprLses , Inc. *Entry optional if shown in the Policy Declarations. If no entry is shown, the effective date of the endorsement is the same as the effective date of the policy. This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit: $ 5 , 0 0 0 , 0 0 0 A. The Total General Aggregate Limit stated in the Schedule above is the most we will pay for the sum of all: 1.Medical Expenses under COVERAGE C (SECTION I); 2.Damages under COVERAGE A (SECTION I), except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and 3.Damages under COVERAGE B (SECTION I) regardless of the number of: a.Insureds; b.Claims made or "suits" brought; c.Persons or organizations making claims or bringing "suits"; or d."Projects". B. For all sums which the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses for "bodily injury" caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single "project": 1. A separate Per Project General Aggregate Limit applies to each "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. Subject to the Total General Aggregate Limit stated in the Schedule above, the Per Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for. medical expenses under COVERAGE C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce both the Total General Aggregate Limit stated in the Schedule above, and the Per Project General Aggregate Limit for that "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Project General Aggregate Limit for any other "project". S2803-CG (5/11) © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to both the Total General Aggregate Limit stated in the Schedule above, and the applicable Per Project General Aggregate Limit. C. For all sums which the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses for "bodily injury" caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to operations at a single "project": 1.Any payments made under COVERAGE A for damages shall reduce both the Total General Aggregate Limit stated in the Schedule above and the General Aggregate Limit, or shall reduce the Products-Completed Operations Aggregate Limit, whichever is applicable. 2.All payments made under COVERAGE C for medical expenses shall reduce both the Total General Aggregate Limit stated in the Schedule above and the General Aggregate Limit; and 3.Such payments shall not reduce the Per Project General Aggregate Limit for any "project". As respects this Provision C, the limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. D. Part 2. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a.Damages under COVERAGE B; and b.Damages because of "bodily injury" or "property damage" caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses for "bodily injury" caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to operations at a single project. E.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the Total General Aggregate Limit stated in the Schedule above, the General Aggregate Limit, or the Per Project General Aggregate Limit for any "project". F.For the purposes of this endorsement, the DEFINITIONS Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of-way of a railroad, shall be considered a single "project". G.The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. S2803-CG (5/11) © 2011 The Travelers Inoemnity Company. All rights reserved. Page 2 of STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANHET BASIS EFFECTIVE March 5, 2021 AT 12.01 A.M. AND EXPIRING March 5, 2022 AT 12.01 A.M. 9272042-2021 NEW SP 6-38-81-40 PAGE 1 OF ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME MEK ENTERPRISES, INC. 2191 MAIN ST. SAN DIEGO , CA 92113 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: March 03, 2021 )6 2-112/_.e.en PRESIDENT AND CEO 2572 OLD DP 217 AUTHORIZED REPRESENT IVE SCIF FORM 10217 (REV.4-2018)