HomeMy Public PortalAboutC-20-129 - Sea-Clear Pools, Inc., Pool Maintenance ServicesAGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
SEA -CLEAR POOLS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this U day of 20 by and between the City of Carson, a California
municipal corporation ("City") and Sea -Clear Pools, Inc., a California corporation
("Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party"
and hereinafter collectively referred to as the "Parties."
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Contractor shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses Permits Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.4 Special Re uirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit
"B" shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Twenty -Three Thousand Seven Hundred Fifty -One Dollars ($23,751.00)
("Contract Sum").
2.2 Invoices. Each month Contractor shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City's Director of Finance. By submitting an invoice for payment under this Agreement,
Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail
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charges for all necessary and actual expenses by the following categories: labor (by sub-
category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor
charges shall also be detailed by such categories. Contractor shall not invoice City for any
duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Contractor to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Contractor
which are disputed by City, City will use its best efforts to cause Contractor to be paid within
forty five (45) days of receipt of Contractor's correct and undisputed invoice: however,
Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Contractor for correction
and resubmission. Review and payment by the City of any invoice provided by the Contractor
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Contractor. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D" and incorporated herein by this reference. When requested by the Contractor.
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Contractor shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
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ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Contractor be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Contractor's sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit "D").
4. COORDINATION OF WORK
4.1 Representative of Contractor. Caitlin Szieff, President, is hereby
designated as being the representative of Contractor authorized to act on its behalf with respect
to the work and services specified herein and make all decisions in connection therewith. All
personnel of Contractor and any authorized agents shall be under the exclusive direction of the
representative of Contractor. Contractor shall utilize only competent personnel to perform
services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor's staff and subcontractors, and shall keep City informed
of any changes.
4.2 Contract Officer. Modesto Bolanos, Facilities Maintenance Supervisor, or
such other person as may be designated by the City Manager, is hereby designated as being the
representative the City authorized to act on its behalf with respect to the work and services
specified herein and to make all decisions in connection therewith (`Contract Officer").
4.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Contractor shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Contractor shall procure and maintain, at its
sole cost and expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance which shall
cover all elected and appointed officers, employees and agents of City:
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(a) Commercial General Liability Insurance (Occurrence Form
CGOOOI or equivalent). A policy of comprehensive general liability insurance written on a per
occurrence basis for bodily injury, personal injury and property damage. The policy of insurance
shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is
used, either the general aggregate limit shall apply separately to this contract/location, or the
general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in such amount as will fully comply with the Iaws of the State of
California and which shall indemnify, insure and provide legal defense for the Contractor against
any loss, claim or damage arising from any injuries or occupational diseases occurring to any
worker employed by or any persons retained by the Contractor in the course of carrying out the
work or services contemplated in this Agreement.
(c) Automotive Insurance Form CA 0001 Ed 1187 including -any
auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability
insurance written on a per occurrence for bodily injury and property damage in an amount not
less than either (i) bodily injury Iiability limits of $100,000 per person and $300,000 per
occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined
single limit liability of $1,000,000. Said policy shall include coverage for owned, non -owned,
leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate
to the Contractor's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Contractor's services or the termination of this
Agreement. During this additional 5 -year period, Contractor shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be
required in the Special Requirements in Exhibit "B".
(f) Subcontractors. Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and certified endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Contractor's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. The insurance policy must specify that where the primary insured does
not satisfy the self-insured retention, any additional insured may satisfy the self-insured
retention. All of said policies of insurance shall provide that said insurance may not be amended
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or cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence
of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services
under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance or binders are
approved by the City. City reserves the right to inspect complete, certified copies of and
endorsement to all required insurance policies at any time. Any failure to comply with the
reporting or other provisions of the policies including breaches or warranties shall not affect
coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the City's Risk
Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, Contractor agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified
Parties") against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or
threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work, operations or
activities provided herein of Contractor, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from
Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or
indemnitors' negligent performance of or failure to perform any term, provision. covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City's sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Contractor and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Contractor shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
"books and records"), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records.
6.2 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
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6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Contractor shall not, without prior written authorization from the
Contract Officer or unless requested by the City Attorney, voluntarily provide documents,
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement. Response to a subpoena or
court order shall not be considered "voluntary" provided Contractor gives the City notice of such
court order or subpoena.
(c) If Contractor provides any information or work product in
violation of this Agreement, then the City shall have the right to reimbursement and indemnity
from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred
as a result of Contractor's conduct.
(d) Contractor shall promptly notify the City should Contractor be
served with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The City retains the
right, but has no obligation, to represent Contractor or be present at any deposition, hearing or
similar proceeding. Contractor agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Contractor.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the "documents and materials") prepared by Contractor in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Contractor with respect to any documents and materials that may qualify as "works
made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
"works made for hire"' for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
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7.2 Disputes: Default. In the event that Contractor is in default under the terms
of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe
in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Contractor is in
default. the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Contractor does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in Iaw or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to
Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under
this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 Termination Prior to Ex iration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon thirty (30) days' written notice to Contractor, except that where termination
is due to the fault of the Contractor, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Contractor reserves the right to terminate
this Contract at any time, with or without cause, upon sixty (60) days' written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Contractor may determine. Upon receipt of any notice of termination,
Contractor shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Contractor has initiated termination. the
Contractor shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder, but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
"C". In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Contractor. If termination is due to the failure
of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 7.2, take over the work and prosecute the same to completion by
contract or otherwise, and the Contractor shall be Iiable to the extent that the total cost for
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completion of the services required hereunder exceeds the compensation herein stipulated
(provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Contractor for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class in the performance of this Agreement. Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,
marital status, national origin, ancestry, or other protected class
8.2 Non -liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval. or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the
Contractor, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two
(72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration: Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings. if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
parry of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non -defaulting parry on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's consent
to or approval of any subsequent act. Any waiver by either party of any default must be in
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writing and shall not be a waiver of any other default concerning the same or any other provision
of this Agreement.
8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which any be
granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not
the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
8.10 Warran1y & Representation of Non -Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of "financial interest" shall be
consistent with State law and shall not include interests found to be "remote" or "noninterests"
pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to.
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Contractor further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Contractor is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Contractor's Authorized Initia
8.11 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the
entering into this Agreement does not violate any provision of any other Agreement to which
said party is bound. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
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[Signatures on the following page.]
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APPROVED AS TO FORM=
ALF.SH E & WYNDERLLP
Strrmy IC Solt=i City Ancor-y
ILIA
CONTRACTOR:
SEA -CLEAR POOLS_ INC, a Califaruia
cogmation
By-,
�N�
NEar Caitlin Szieff
T,
�Bills'zie_ff_
Ttt1e: Treasurer
Address- 23316 Normandie Ave #B
Terrance, CA 90502
Phone: 310-991-3073
Two corporate officer signatures required when Contractor is a corporation, with one signature required
from each of the following groups: I) Chairman or the Board, President or any Vice President; and ?)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
0=7000bf6769275 cop
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
3rd' /� Nq �ccks't45 ta..or� �tc S�1 �'FF
On dooftr�t P020 before me, R- XA GkSTi, personally appJared WLLA kt proved to me on
the basis of satisfactory evidence to be the person(.a'f whose names( is/w subscribed to the within instrument and
acknowledged to me that he,s4eftheq executed the same in his/hcritheif authorized capacityUel, and that by
his/Jwi heir signaturef,*'on the instrument the persoRW, or the entity upon behalf of which the person(sracted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my nd a d obi i se I. - r1@14ARIA CM. *ST 1 A 2052 ASNOARMMBIC?CALIFRNIASignature: LOSNGELES COUNTY 0
t}MM, EXPIRES MAR. 1 2024-'
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
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DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIANICONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01007.00061676927.5 mgw
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On �12 2020 before me, N41CA �511NJ peersr. onall ya�el aed t~,� jjQ NI S►4V , proved to me on
the basis of satisfactory evidence to be the person(owhose names(ae islDwsubscribed to the within instrument and
acknowledged to me that Jif/she/they executed the same in higlher4heirauthorized capacity(iesi, and that by
his/her/their signaturetWon the instrument the person(' or the entity upon behalf of which the person(.%Kacted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
MARIA CRISTINA IGLESIAS3
WITNESS m ffi ial s aL 0 ° ' COMM: # 2320526
15W
.. ROTARY PUBLIC - CALIFORNIA
Signature: « COMM EXPIRES MAR. 1, 202S ANGELES COUNTY4
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01007.0006/676927.5 mgw
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
1. Contractor will perform the following Services:
A. Service Locations:
The Contractor shall provide pool maintenance services at the locations outlined below.
A total of four (4) different locations require maintenance.
Name
Address
Pool
Pool Type(s)
Quantity
Foisia Pool
23410 Catskill Ave
1
1 main pool
Dominguez
21330 Santa Fe Ave
2
1 main pool with catch pool
Pool
attached and 1 zero depth entry pool
Hemingway
16605 S. San Pedro
3
1 main pool, 1 catch pool, 1 zero
Pool
depth entry pool
Carson Pool
21411 S. Orrick
2
1 main pool, 1 splash pad
Avenue
B. Service Frequency Requirements:
1. Pool Facilities (includes main pools, catch pools, and zero depth entry
pools at the locations specified in subsection (A), above):
Open Pool Facilities. Pool facilities, including main pools, zero depth entry pools,
and catch pools, when open for public use, shall be serviced a minimum of two
(2) times per week. This frequency may be increased to three (3) times per week
in warmer/higher use months at Contract Officer's discretion, based on the bather
load, the weather, and the condition of the pool equipment that filters, chemically
treats, and heats.
Closed Pool Facilities. Pool facilities, when closed to the public, shall be serviced
a minimum of one (1) time per week. This may be increased to two (2) times per
week at Contract Officer's discretion, based on the weather and the condition of
the pool equipment that filters, chemically treats, and heats the water.
2. Carson Splash Pad:
Open Splash Pad. The Carson splash pad, when open to the public, and when
closed to the public but not winterized, shall be serviced a minimum of two (2)
times per week. During wanner or higher use months when the splash pad is open
to the public, this frequency may be increased to three (3) times per week at
Contract Officer's discretion, based on the weather and the condition of the
equipment that filters, chemically treats, and heats the water.
01 M7 0046!676927.5 mgw A-]
_Winterized Splash Pad. When the splash pad is winterized, Contractor will: shut
off the main water supply; fully drain the manifold and open the drain valves; turn
off the main electrical supply; and, clean the debris trap and set it in the
storm/sanitary position. No ongoing cleaning or maintenance shall be performed,
absent Contract Officer's request, while the splash pad is winterized.
C. Services to be Performed during each Service Visit:
1. Take manual pool water chemical readings with a certified test kit and record
results in both logs;
2. Take manual and/or chemical controller readings of free, combined, and total
chlorine, and of pH. Manual readings are required only for total alkalinity;
3. Check overall circulation system flow rate before and after filter backwashing;
4. Filter inlet and outlet pressures before and after filter backwashing;
5. Check water temperature;
6. Verify autofill operation;
7. Clean the pump strainer;
8. Review chemical system controller;
9. Test chemical system rotary safety flow switch:
10. Review/inspect chemical injection system for Ieaks and potential problems;
11. Log all information;
12. Filter backwashing as pressures and flow dictates;
13. Notify Contract Officer at time of any discrepancy in normal readings which
cannot be recited or are not under Contractor's control;
14. Check chemical vat levels;
a. Inform Contract Officer of tank and supply levels so that Contract Officer
can order and maintain the pool chemicals in each tank from City's
existing chemical supply vendor.
15. Check chemical pumps;
a. Verify settings;
b. Inspect the pumps and their operation; and
c. Adjust as needed to maintain pool water balance and clarity.
16. Check chemical injection lines for leaks;
a. Inspect the tubing and its operation.
17. Check surge pit water level and clean out debris;
a. Check the operation of the float controls, lubricating them monthly or
more frequency as needed; and
010070006/676927,5 mg%v
b. Visually inspect the main drain modulating valves Iocated in each surge
pit.
18. Check automatic make up water valve for proper operation;
a. Inspect and operate.
19. Clean the hair and lint strainer;
20. Check filter pressure readings;
a. Backwash as pressures and flow requires to maintain water clarity.
b. Check automation and record readings.
21. Check and record flow readings;
22. Check recirculation piping and valves for leaks;
23. Check heater inlet and outlet temperatures (heaters will be off during this
servicing period);
24. Maintain the cleanliness of the pool equipment room; and
25. Check in with the Contract Officer or his or her designee at each visit. When
the relevant facility is closed, Contractor will provide a Los Angeles County
and State of California required manual written/paper pool log sheet. When
the relevant facility is open, City staff will complete the log sheet. As
requested by Contract Officer, Contractor will instruct and train City staff on
how to fill this short form out.
26. City will provide all cleaning materials or chemicals required for the Services.
D. Monthly / Ouarterly Services:
1. Clean automatic controller sensing probes (as needed);
a. Scrub with a mild detergent, rinse with water, shake down like a
thermometer, re -install; and
b. Wait until sensors have stabilized and standardize controller.
2. Clean chlorine injector;
a. Remove injector fitting from pipe and remove scale; and
b. Reapply Teflon tape to fitting and reinstall in pipe.
3. Take total alkalinity, calcium hardness, and TDS readings, and record
readings in both logs; and
4. Clean the equipment area, including wiping down the pool filters and chlorine
and acid tanks and sweeping the pump pit and the pool equipment area.
E. On -Call Services:
1. Upon written request of the Contract Officer, Contractor will be available to
conduct emergency maintenance on City pool facilities, including the splash
pad (the "on-call Services"). On-call Services shall be performed in
01007 00061676927 5 mp.
accordance with Section 1V of this Exhibit "A," except as otherwise provided
in this subsection. Contractor will be available to perform on-call Services in
accordance with the following emergency response times, and any request for
on-call Services may be canceled by the Contract Officer at any time if
Contractor does not meet these response times:
a. Contractor will respond to Contract Officer within 30 minutes of receiving
the written request for on-call Services.
b. Contractor will be on site within 3 hours of approval of the on-call Service
request.
F. Certifications. All Services shall be performed by a Certified Swimming pool
technician who holds and has held a Los Angeles County Department of
Environmental Health (LACDEH) swimming pool technicians certification for a
minimum of 5 years, a Chemtrol Automated chemical controller certification. a
Raypak commercial boiler certification, and a minimum of 5 years employment
experience working as a certified swimming pool technician exclusively on municipal
and/or USD swimming pools — no condominium, apartment, or health club
experience will count toward this requirement. Details of the requisite experience and
certifications shall be provided to and verified by the Contract Officer for each
technician. A minimum of three so -qualified technicians shall be in Contractor's
employ and available to perform the services pursuant to this Agreement at all times,
and one so -qualified technician shall be designated to provide the on-call Services.
I1. As part of the Services, Contractor will prepare and deliver the following tangible
work products to the City:
A. Provide and maintain an accurate on-site hard copy logbook and an electronic
version of same. On-site logbooks shall include all readings and adjustments
made at the relevant location, as well as any repairs or equipment maintenance
performed at such location. The electronic logbook shall include all information
contained in all on-site logbooks collectively, and shall be available for review
and inspection by City upon request of Contract Officer.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Contractor will keep the City updated of the status of performance by delivering the
following status reports:
A. Check in with the City staff (when possible, if they are on site and the facility is
open) to make sure communication of issues and concerns is addressed promptly
and communicated effectively.
IV. For on-call Services described in Section LE above, Contractor shall perform all on-
call Services in compliance with the following requirements.
A. Each task shall be indicated by a written request produced by the Contract Officer
with a description of the work to be performed, and the time desired for
0 1007 0006!676927 5 mgw
completion (Task Completion Date). All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. The task shall be performed at a cost not to exceed the Task Budget. The Task
Budget shall be determined by the Schedule of Compensation in Exhibit C.
C. Contractor shall complete the task in accordance with the Schedule of
Performance in Exhibit D. Contractor shall notify the Contract Officer
immediately if the Contractor recognizes or encounters any unanticipated
performance delay, and shall make a good faith effort to promptly mitigate or
resolve the delay.
D. Contractor shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
V. All work product is subject to review and acceptance by the City, and must be
revised by the Contractor without additional charge to the City until found
satisfactory and accepted by City.
Vl. Contractor will utilize the following personnel to accomplish the Services:
A. Francisco Rivera, Pool Technician
B. William Kent Szieff, Pool Technician
C. Rafael Ramirez Jr, Pool Technician
D. William Rasche, Pool Technician
E. Juan Lopez, Pool Technician
F. Mario Espinosa, Pool Technician
G. Bill Szieff, Lead Pool Technician
01007.0006!676921 5 mpti
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.5, "Compliance with Labor and Wage Laws", is hereby added to the
Agreement to read in its entirety as follows (added language identified in bold italics):
"1.5 Compliance with Labor and Wage Laws.
a. Public Work. The Parties acknowledge that the work to be performed under this
Agreement is a "public work" as defined in Labor Code Section 1720 and that
this Agreement is therefore subject to the requirements of Division 2, Part 7,
Chapter I (commencing with Section 1720) of the California Labor Code
relating to public works contracts and the rules and regulations established by
the Department of Industrial Relations ("DIR') implementing such statutes.
The work performed under this Agreement is subject to compliance monitoring
and enforcement by lire DIR. Contractor shall post job site notices, as
prescribed by regulation.
b. Registration with DIR. Pursuant to Labor Code section 1771. 1, Contractor and
all subcontractors must be registered with, and pay an annual fee to, tlse DIR
prior to and during the performance of any work under this Agreement.
C. Prevailing Wages. Contractor shall pay prevailing wages to the errte►nt required
by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rale of per diem wages are on file at City Hall and will be made
available to any interested party on request. By initiating any work tinder this
Agreement, Contractor acknowledges receipt of a copy of the DIR
determination of the prevailing rate of per diem wages, and Contractor shall
post a copy of lite same at each job site where work is performed tinder this
Agreement. If this Agreement is subject to Ilse payment of federal prevailing
wages funder the Davis -Bacon Act (40 U.S.0 § 3141 et seq.), then Contractor
shall pay Ilse higher of either lite state for federal prevailing wage applicable to
each laborer.
d. Penaltyfar Failure to Pay Prevailing Wages. Contractor shall comply with and
be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure
to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit
two hundred dollars ($200) for each calendar day, or portion thereof, for each
worker paid less than the prevailing rates as determined by tine DIR for tlse
work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
e. Payroll Records. Contractor shall comply with and be bound by tine provisions
of Labor Code Section 1776, which requires Contractor and each subcontractor
to: keep accurate payroll records and verify such records in writing under
01007.0006!676927 5 mgw 13-1
penalty of perjury, as specified in Section 1776; certify and make such payroll
records available for inspection as provided by Section 1776; and inform the
City of the location of the records.
f. Apprentices. Contractor shall connply with and be bound by the provisions of
Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of
Regulations Title 8, Section 200 et seq. concerning the employment of
apprentices on public works projects. Contractor shall be responsible for
compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to anY applicable
apprenticeship program Within sixty (60) days after concluding work pursuant
to this Agreement, Contractor and each of its subcontractors shall submit to lire
City a verified statement of the journeyman and apprentice hours performed
under this Agreennenl.
g. Eight -Hour Work Da). Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by
Labor Code Section 1810.
h. Penalties for Excess Hours. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1813 concerning penalties for workers who
work excess hours. The Contractor shall, as a penalty to the Ch)>, forfeit twenty-
five dollars (3'25) for each worker employed in the performance of this
Agreement by the Contractor or by any subcontractor for each calendar day
daring which such worker is required or permitted to work more than eight (8)
hours in any one calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the
Labor Code. Pursuant to Labor Code section 1815, work performed by
employees of Contractor in excess of eight (8) hours per day, and forty (40)
hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than
one and one-half (1!12) times the basic rate of pay.
i. Workers' Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of
compensation to its employees rf it has employees In accordance 1vith the
provisions of California Labor Code Section 1861, Contractor certifies as
follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liabilit), for
workers' compensation or to undertake self-insurance in
accordance with lire provisions of that code, and I will comply
with such provisions before commencing the performance of the
work of th is contract. "
01007.0006.1676927 5 mgx
j. Contractor's Responsibility for Subcontractors. For every subcontractor who
will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter I
(commencing with Section 1720) of the California Labor Code, and shall make
such compliance a requirement in any contract with any subcontractor for work
under this Agreement. Contractor shall be required to take all actions necessary
to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll
records of the subcontractor on a periodic basis or upon becoming aware of the
failure of the subcontractor to pay his or her workers tine specified prevailing
rate of wages. Contractor shall diligently take corrective action to halt or rectify
any such failure by any subcontractor.
0 1007,0006/676927.5 mgw
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform the following Services at the following rates:
Task*
Rate** Time
Sub -budget
Foisia Pool
$950 Per Month
$3,800
Dominguez Pool
$1,450 Per Month
$5,800
Hemingway Pool
$1,650 Per Month
$6,600
Carson Pool
$1,228 Per Month
$4,912
On -Call Services
$277.50 Per Request
(Flat Rate
$2,639
*Includes each of the facilities described in Exhibit A (see table in Section I.A).
** Monthly rates include additional cleanings at Contract Officer's discretion, as described
in Section 1.13 of Exhibit A.
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
Not applicable.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task sub budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. The City will compensate Contractor for the Services performed upon submission of
a valid invoice, in accordance with Section 2.2. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $23,751.00, as provided in
Section 2.1 of this Agreement.
C-1
41007.0(}06/67692".5 mgw
V1. Contractor's billing rates for all personnel are attached as Exhibit C-1.
Not applicable.
01()07.0006/676927.5 mgu
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all Services timely in accordance with the following
schedule:
A. With respect to all Services other than on-call Services, Contractor shall comply
with the provisions of Section 1.13 of Exhibit "A."
NOTE: Dominguez & Carson pools are set to close for the winter season on
October 30, 2020. Carson Splash pad, as of October 30, 2020, is closed but
running (i.e., is not winterized). Otherwise, all City pool facilities are scheduled to
be closed to the public for the time period from November 1, 2020, through
February 28, 2021, due to the winter season. The Carson splash pad will be
winterized from approximately November of 2020 until spring or summer of
2021. Exact closing, opening, winterization, and de -winterization date(s) will be
determined by the Contract Officer.
B. With respect to on-call Services, Contractor shall perform all on-call Services on
an on-call basis in accordance with Section IV of Exhibit "A."
II. Contractor shall deliver the following tangible work products to the City by the
following dates.
A. On-site hard copy and electronic logbook - Ongoing.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
D-1
01007 00061676927.5 mgw
ACORO'
SEACLEA-01
CERTIFICATE OF LIABILITY INSURANCE
TIM
OATE iMWDDIYYYY)
0/14/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION IS WANED, 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
HSS Insurance Services, Inc.
Patriot Drive, Ste. D
Moorpark, CA 93021
ACT
PHONEi, E�1: a05 z1 z-48so Fuc, No :805 2124891887
POLICY EFF
mmarffm
INSURER(S) AFFORDING COVERAGE MAIC a
INSURER A: United National Insurance Company 13064
INSURED
Sea Clear Pools, Inc.
23316 S Normandie Ave #B
Torrance, CA 90502
INSURER B • Metropolitan Direct Property and Casually Insurance Company 25321
INSURER c . National Union Fire Insurance Company of Pittsburgh, Pa.19445
INsuRER n : Pacific Compensation Insurance Com an 11555
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSK TYPE OF INSURANCE
LTR
ADDL
SUER
POLICY NUMBER
POLICY EFF
mmarffm
POLICY EXP
LIMITS
A I X j COMMERCIAL GENERAL LIABILITY1,000,000
CLAIMS -MADE X� OCCUR
_
1 GENt. AGGREGATE LIMIT APPLIES PER:
X I POLICY I i 398 F] LOC
OTHER:
X
X
L7219632 -H
71112020
7/1/2021
EACH OCCURRENCE S.
DAMAGE TO RENTED 50,000
MtSBS.[Ea o=wmnp
MED EXP An one non 0
PERSONAL is ADV INJURY 1,000,000
GENERAL AGGREGATE 2*000'000
PRODUCTS -COMPIOPAGG 2,000,000
B AUTOMOBILE LIABILITY
I� ANY AUTO
�I ED
AU�T�OpS ONLY I AUUTTOSWUN�EDp
X I AUTOS ONLY I X AUTO ONLY
X Comp Ded: 51,000 X Coll Dad: $1,000
X
X
CA044844P2020
7/1/2020
71112021
COMBINED SINGLE LIMIT 1,000,000
AEa-a^X
BODILYINJURY Par erson
INJURY Per acddenl
BODILY
Perr acc{daT ret AMAGE
C UMBRELLA LIAR I X OCCUR
l X I EXCESS L1AB I CLAIMS -MADE
DED I RETENTIONS
EBU 067960856
71112020
71112021
EACH OCCURRENCE 5,000,000
AGGREGATE S 51000,000
D WORKERS COMPENSATION
AND EMPLOYERS' LBTY
ANY PROPRIETORMARTNERIEXECUTiVE Y
E
OFFICERe1Mryn B%ER ExCLUDE07
�IlYta�ndat ii
It e. describe under
DESCRIPTION OF OPERATIONS below
NIA
X
WA -004676-02
7!1!2020
71112021
X I PERS I i ETH
WIL
E.L. EACH ACCIDENT 11000,000
1,000,000
E.L.DISEASE - EA EMPLOYE
E.L DISEASE -POLICY LIMIT 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlllonal Remarks Schedule, mey be attached It man space is required)
•30 days notice of cancellation except 10 days for non-payment of premium.
The City of Carson, its elected and appointed officers, employees, volunteers and agents are named as additional insured on the General Liability and
Automobile policies. Coverage Is primary and non-contributory. A waiver of subrogation applies to the General Liability, Automobile and Workers'
Compensation policies.
I ,
#,,Vd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Carson
CitE. Carson St. ACCORDANCE WITH THE POLICY PROVISIONS.
Carson, CA 90745
l(' -l' � � AUTHORq"JED REPRESENTATIVE
I ! [- C
ACORD 25 (2016103) ®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: L7219632 -H
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -- (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART_
SCHEDULE
Name of Person or Organization:
AS REQUIRED BY WRITTEN CONTRACT
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CO 2010 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0
Policy #: L7219632 -H
ENDORSEMENT
POLICY CHANGE ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS - PRIMARY INSURANCE
This endorsement modifies insurance provided under the following:
ADDITIONAL INSURED-- OWNERS, LESSEES OR CONTRACTORS
Coverage provided by this policy, to the Addihonal lnsum&) shown in the Schedule shall be primary insurance
and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only if
required of the Named Insured by an "insured contract".
ountersignature
SC -16 (2198)
POLICY NUMBER: L7219632 -H COMMERCIAL GENE AL LIABILITY
G 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
WAIVER OF TRANSFER OF RIGHTS OF
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
As Required By Written Contract
(If no entry appears above, information required to complete this endorsement will be shown i;
as applicable to this endorsement_)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Sectio;
CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in th#
because of payments we make for injury or damage arising out of your ongoing operations or
under a contract with that person or organization and included in the "products -completed of
This waiver applies only to the person or organization shown in the Schedule above.
FULLY.
ERY
the Declarations
IV — COMME R -
Schedule above
your work" done
!rations hazard"_
CG 24 0410 93 Copyright, Insurance Services Office, Inc_, 1992 gage 1 of 1 0
SEA CLEAR POOLS, INC.
POLICY NUMBER: CA0448441132020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
i i9jzL#1t1"
Name of Person or Organization:
ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT
Description of Covered "Auto"
Per schedule on file with company
(If not entry appears in the Schedule above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
The WHO 15 AN INSURED provision under LIABILITY COVERAGE is changed to include as an "insured"
The person or organization shown in the Schedule, but only with respect to liability arising out of:
1. Your operations or services performed for that person or organization at the location shown in the
Schedule; or
2. The ownership, maintenance or use of the covered "autos" described in the Schedule.
A person's organization's status as an additional insured under this endorsement ends when:
1. Your operations or services performed for that person or organization are completed; or
2. That person's organization's interest in the described "auto" ends.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
f� • � I<�[•I�L1�P►Fj17T�•7
SEA CLEAR POOLS, INC.
POLICY NUMBER: CA0448441132020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
The Transfer of Rights of Recovery Against Others To Us Condition does not apply to the person(s), or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the
"accident" or the "loss" under a contract with that person or organization.
SCHEDULE
Name of Person or Organization:
ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT
(if no name appears above, the information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement).
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA
WC 04 03 06
(Ed. 4-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enibrce 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.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 2. of the California workers' compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization Job Description
Blanket Waiver of Subrogation As respects to all CA jobs performed by the named
insured during the policy period where by written contract a
waiver of subrogation is required prior to the
commencement of work.
This endorsement changes the policy to w hich It is attached and is effective on the date issued unless otherwise stated
(The Information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 07-01-2020 Policy No. WA00467M2 Endorsement No. 1
Insured Insurance Company:
Sea Clear Pools, Inc. (A Corp) Pacific Compensation Insurance Co.
Countersigned By 8r" " ""' Hortm
01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.