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HomeMy WebLinkAboutColt Services Inc d.b.a. Stanley Steemer Carpet Cleaner; 2024-03-04; PSA24-2387FACPSA24-2387FAC Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR CARPET AND UPHOLSTERY CLEANING SERVICES COLT SERVICES, INC. D.B.A. STANLEY STEEMER CARPET CLEANER THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Colt Services, Inc., a California corporation, d.b.a. Stanley Steemer Carpet Cleaner ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in carpet and upholstery cleaning related services using truck mounted steam extraction equipment. B. Contractor has the necessary experience in providing services and advice related to carpet and upholstery cleaning related services using truck mounted steam extraction equipment. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A and B," 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-five thousand dollars ($45,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B 4th March DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC lncremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document contra! platform. The intent af utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate an project. lf unfamiliar ar not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training ar reaching out to the Procore support team. It will be the responsibility af the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use af Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 ar Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least ane on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations ar punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use af Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit af Contractor's independent calling, and not as an employee af City. Contractor will be under contra! af 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 af City for any purposes. The payment made to Contractor pursuant to the Agreement will be the ful! and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings an behalf of Contractor or its agents, employees ar subcontractors. City will not be required to pay any workers' compensation insurance ar unemployment contributions an behalf af Contractor ar 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 ar any agent, employee, or subcontractor af Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. lf Contractor subcontracts any af the Services, Contractor will be ful ly responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly ar indirectly employed by the Page 2 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC 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 contra ry in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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 term i nation of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line lnsurers (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 lnsurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any I imitations 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. lf Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) lnsurance. lnsurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. lf a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limitshall be twice the required occurrence limit. Page 3 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC 11.1.2 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. 11.1.3 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. 11.1.4 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 fora period of five years foliowing the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the foliowing provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of lnsurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. lf Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purehase replacement insurance or pay the premiums that are due on existing policies in arder to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of lnsurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement fora period of three (3) years from the date of final payment under this Agreement. Page 4 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC 14. OWNERSHIP OF DOCUMENTS All work produet 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 produet 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 ane (1) copy of the work produet for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City Name Title Barney Dresman Public Works Supervisor Department Public Works City of Carlsbad Address 405 Oak Ave. Carlsbad, CA 92008 Phone No. 760-331-8272 For Contractor Name Title Address Laura Guerreo Project Manager Phone No. Email 9655 Via Excelencia San Diego, CA 92126 858-271-9910 laura.guerrero@steemer.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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of lnterest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of lnterest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of lnterest Code. Ves □ No IZI lf yes, list the contact information below for all individuals required to file: Name Email Phone Number Page 5 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep ful ly 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 Aet of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 Ibs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board {CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION lf a dispute should arise regarding the performance of the Services the foliowing procedure will be used to resolve any questions offact 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. lf 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. 22. TERMINATION In the event of the Contractor's fa i lure to prosecute, del iver, or perform the Services, City may terminate this Agreement for non performance by notifying Contractor by certified mail of the termination. lf 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 {S) 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 faet based upon the work produet 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of term i nation ofthis Agreement by either party and upon request of City, Contractor will assemble the work City Attorney Approved Version 12/22/2023 Page 6 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC produet 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 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. 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 bonafide 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. 24. 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 Cia i ms Aet 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. lf City seeks to recover penalties pursuant to the False Claims Aet, 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 aet 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. 25. 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 fora change of venue in these proceedings to any other county. 26. 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. 27. ENTIRE AGREEMENT This Agreement, together with any ether written document referred to or contemplated by it, along with the purehase arder 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 purehase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. City Attorney Approved Version 12/22/2023 Page 7 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC 28. 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. [signatures on foliowing page] City Attorney Approved Version 12/22/2023 Page 8 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC ;2·0 k.b Executed by Contractor this. _____ day of _________ , 2024. CONTRACTOR COLT SERVICES, INC., a California corporation :~;~C~eaner ~ - .-, • (sign~ Steven Thompson, President and Chief Flnancial Officer (print name/title) ~f\C (slgnhere~ CITY OF CARLSBAD, a municipal corporation of the State of California Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager lf required by City, proper notarial acknowledgment of execution by contractor must be attached . .!f_g s;orpor.ation, Agreement must be signed by one corporate officer from each of the followlng two groups. GroupA Chairman, President, or Vlce-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certlfied by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporatio·n. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: --=bi;;...;·~~=----f\;.:.:~:.;...:.....::c.:.......;_o., ____ _ Assistant City Attorney City Attorney Approved Version 12/22/2023 Page9 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC EXHIBIT A SCOPE OF SERVICES AND FEE Contractor shall provide all necessary tools, equipment, materials, and la bor to provide as needed carpet cleaning, upholstery cleaning and related services to the City of Carlsbad as detailed in Exhibit "B." Services include but are not limited to cleaning of carpets, rugs and floor mats, other non-fixed floor covering materials by the Contractor's truck mounted steam extraction method. Contractor is required to perform the following minimum services: Cleaning process includes: • Thoroughly vacuum all carpets prior to the steam cleaning. • Cleaning of Carpets, rugs, mats and other non-fixed floor coverings in accordance with the manufacturer's recommendations. • Remove, clean and replace rugs, mats and other non-fixed floor covering materials prior to performing work. • Contractor will be aware of wall exposure to overspray, and will be aware of the potential hazards of spraying water on or around wall base. Contractor will pull away from walls when applying steam, and extracting cleaning produets or moisture from the carpet. • Application of soil and oil pre-treatments for heavy traffic areas. • Special attention to individual spots using spotter kit. • The use of truck mounted steam extraction equipment. • Provide carpet drying blowers over night to thoroughly dry all carpeted areas prior to operating hours the following day. • The Contractor shall return all areas surrounding the work locations to the condition prior to his performance of services. • The Contractor shall comply with the City of Carlsbad, State of California and ether regulatory agendes requirements for the prevention of storm water pollution and National Pollution Discharge Elimination System requirements. Illegal discharge of the reclaimed water can result in fines and up to and including immediate term i nation. 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. All chemicals used by the Contractor during and for this contract will be non-toxic and biodegradable. Page 10 EXHIBIT A CONT. DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B PSA24-2387FAC Work Force Reguirements • The Contractor shall provide personnel who are experienced in the type of work specified and shall perform all services in a workmanlike manner. • The Contractor shall provide a safe work environment including adherence to all safety requirements for its employees and shall provide safe access and egress for City employees and the general public. • The Contractor shall require each all personnel to wear uniform shirts and/ar vests clearly marked with the Contractor's company name. • Contractor's personnel shall be equipped with personal protective equipment as required by State safety regulations. • City facilities are "off limits" to all unauthorized personnel. There will be no unauthorized visits by non-Contractor employees during performance of this contract, unless authorized by the Contractor Administrator. Page 11 PSA24-2387FAC EXHIBIT B Pricing Schedule Carpet and upholstery cleaning in accordance with cleaning processes as described in Exhibit A. Carpet extraction cleaning $0.15 per sf Price per sf for carpet extraction -spill clean up $0.35 per sf Price per unit for upholstered chair (seat and back) $35.00 ea Price per unit for upholstered chair (seat, back and arms) $45.00 ea Price per unit for upholstered sofa (standard 7 ft) $120.00 ea Contracted work not to exceed per agreement year $45,000 **Note** Minimum charge per call out is $250. Page 12 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 3/29/2023 Cavignac451 A Street, Suite 1800San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Middlesex Insurance Company 23434 STANSTE-01 Insurance Company of the West 27847Colt Services, Inc.DBA STANLEY STEEMER SAN DIEGO9655 Via ExcelenciaSan Diego CA 92126 30237565 A X 1,000,000 X 500,000 5,000 1,000,000 3,000,000 X X Y A0172090 4/1/2023 4/1/2024 2,000,000 A 1,000,000 X A0172090 4/1/2023 4/1/2024 A X X 2,000,000A01720904/1/2023 4/1/2024 2,000,000 X 0 B XYWSD5033358074/1/2023 4/1/2024 1,000,000 1,000,000 1,000,000 Re: All Projects;Organizational Unit : City of Carlsbad -> Public Works; Agreement Name: Carpet and Hard Floor Cleaning; Agreement Number : PSA23-2093FAC Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form. Waiver of subrogation applies to Workers Compensationper policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured andwaiver of subrogation apply). If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium Cavignac &Associates will provide 30 days notice of such cancellation or nonrenewal. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B ACORD® I ~ I ~ □ □ ~ ~ R □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I A0172090 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B POLICY NUMSER: COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization you are required to add All locations per written contract, agreement or as an additional insured under a written contract or permit. agreement in effect prior to any accident, injury, loss ordamage. Description: All jobs performed that have a written contract, agreement, or permit. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section li -Who Is An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or emissions; or 2. The acts or emissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 A0172090 Middlesex © lnsurance Services Office, Ine., 2012 Page 1 of 2 05/24/2021 1 00001 0000000000 21144 0 N 91e3b741-620f-45e2-9094-a616707828f7 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B C. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. Page2 of2 A0172090 Middlesex © lnsurance Services Office, Ine., 2012 CG 2010 0413 05/24/2021 A0172090 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B POLICY NUMSER: COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsured Person(s) Location And Description Of Completed Or Organization(s) Operations Any person or organization you are required to add All locations and jobs performed that have a written as an additional insured under a written contract or contract, agreement, or permit. agreement in effect prior to any accident, injury, loss or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section li -Who Is An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. CG 20 37 0413 A0172090 Middlesex © lnsurance Services Office, Ine., 2012 Page 1 of 1 05/24/2021 1 00001 0000000000 21144 0 N 2538b717-1f1 a-4abf-9a8a-61 fd02a33357 A0172090 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B POLICY NUMSER: COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other lnsurance Condition and supersedes any provision to the contrary: Primary And Noncontributory lnsurance This insurance is primary to and will not seek contribution from any ether insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any ether insurance available to the additional insured. (1) The additional insured is a Named lnsured under such ether insurance; and CG 20 01 0413 A0172090 Middlesex 1 00001 0000000000 21144 0 N © lnsurance Services Office, Ine., 2012 2bf8cb1 c-9bc5-495e-a5fe-2e3bf1 c3cd84 Page 1 of 1 05/24/2021 A0172090 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B POLICY NUMSER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 2404 0509 A0172090 Middlesex 1 00001 0000000000 21144 0 N © lnsurance Services Office, Ine., 2008 7e68faac-50e1 -4689-ba86-ff0c88725601 Page 1 of 1 05/24/2021 WSD50333580704/01/2023 DocuSign Envelope ID: 8B7BBFF2-5EA8-4CAD-9545-B3C4E4D4715B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET wc 990634 (Ed. 8-00) 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 agreernent applies only to the extent that you perform work under a written contract that requires you to obtain this agreernent from us). The additional premium for this endorsernent shall be 3 % of the total California Workers' Compensation premium otherwise due. Person or Organization ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT Schedule Job Description ALL CA OPERATIONS This endorsernent changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Eff ective Policy No. lnsured COLT SERVICES INC lnsurance Company INSURANCE COMPANY OF THE WEST Countersigned By wc 990634 (Ed. 8-00) INSURED Endorsernent No. Premium $ INCL. --------------