HomeMy Public PortalAboutC-21-017 - SmartRise Elevator Services, Inc., Maintenance Services Using Licensed Elevator Service Technicians to Maintain City ElevatorsAGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
SMARTRISE ELEVATOR SERVICE, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 2%° day of �AaV'Q)h , 2021 by and between the CITY OF CARSON, a
California municipal corporation ("City") and SMARTRISE ELEVATOR SERVICE, INC. a
California corporation ("Consultant"). City and Consultant 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 CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant
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. Consultant 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 Requirements. 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,
Consultant 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 Nineteen Thousand Eight Hundred Dollars and Zero Cents ($19,800.00)
("Contract Sum").
2.2 Invoices. Each month Consultant 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,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
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detail 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. Consultant shall not invoice City for any
duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant 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 Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant's correct and undisputed invoice; however,
Consultant 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 Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
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 Consultant, 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 Consultant. 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. Consultant 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 Consultant,
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 Majeure. 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 Consultant, 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 Consultant 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 Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant'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 Consultant. Kirk Rooney is hereby designated as being
the representative of Consultant 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
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Modesto Bolanos, Facilities Maintenance Supervisor, or
such person as may be designated by the City Manager, is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services
specified herein and to make all decisions in connection therewith ("Contract Officer").
4.3 Prohibition A ag inst Subcontracting or Assignment. Consultant 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 Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant 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 Consultant 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:
01007.0001/691390.4 BRJ -3-
(a) Commercial General Liability Insurance (Occurrence Form
CG0001 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 laws of the State of
California and which shall indemnify, insure and provide legal defense for the Consultant 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 Consultant in the course of carrying out the
work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) 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 liability 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 Consultant'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 Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant 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. Consultant 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 Consultant'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 Consultant 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 Consultant 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, Consultant 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 Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from
Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant'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 Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant 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. Consultant 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.
01007.0001/691390.4 BRJ -5-
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant 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) Consultant 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 Consultant gives the City notice of such
court order or subpoena.
(c) If Consultant provides any information or work product in
violation of this Agreement, then the City shall have the right to reimbursement and indemnity
from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred
as a result of Consultant's conduct.
(d) Consultant shall promptly notify the City should Consultant 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 Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
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 Consultant 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 Consultant 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, Consultant 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 Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant 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 law 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, Consultant 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 Expiration 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 Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant 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 Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant 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 Consultant has initiated termination, the Consultant 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 Consultant. If termination is due to the failure
of the Consultant 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 Consultant shall be liable to the extent that the total cost for
01007.0001/691390.4 BRJ -7-
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 Consultant 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. Consultant 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. Consultant 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 Consultant, 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 Consultant 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
Consultant, 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
party 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 party 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 Warranty & 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. Consultant 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. Consultant 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. Consultant 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 rendert 's Agreement void and of no force or
effect. tA
Consultant's Authorized Initials
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.
01007.0001/691390.4 BRJ -9-
[Signatures on the following page.]
01007.0001/691390.4 BRJ -10-
IN WITS WHEREOF, the parties hereto have
and year first -above written.
Donesia Gause-AldMa, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
u
Sunny K. Soltani, City Attorney
[BRJ]
CONSULTANT:
on the date
corporation
SMARTRISE ELEVATOR SERVICE, INC., a
California corporation
By• `''
Name: ART L. GUMM
Title: PRESIDENT
Address: 13523 Larwin Circle
Santa Fe Springs, CA 90670
By: 1'ij f
Name: ANDREA GUMM
Title: CHIEF FINACIAL OFFCIER
Address: 13523 Larwin Circle
Santa Fe Springs, CA 90670
Two corporate officer signatures required when Consultant is a corporation, with one signature
required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and
2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY.
01007.000 1169 1 390.4 BRJ -10-
CITY.
CITY CA SO , a mu ci
r --4
V*
ar ander ,ity Manager
ATTE:� ...
Donesia Gause-AldMa, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
u
Sunny K. Soltani, City Attorney
[BRJ]
CONSULTANT:
on the date
corporation
SMARTRISE ELEVATOR SERVICE, INC., a
California corporation
By• `''
Name: ART L. GUMM
Title: PRESIDENT
Address: 13523 Larwin Circle
Santa Fe Springs, CA 90670
By: 1'ij f
Name: ANDREA GUMM
Title: CHIEF FINACIAL OFFCIER
Address: 13523 Larwin Circle
Santa Fe Springs, CA 90670
Two corporate officer signatures required when Consultant is a corporation, with one signature
required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and
2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'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 CONSULTANT'S BUSINESS ENTITY.
01007.000 1169 1 390.4 BRJ -10-
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
"nom Peelle
On �e (tl 11, 2021 before me, MaW P�� , personally appeared �►L Gunn W7 , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
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.
MAR PC,
WITNESS my hand and official seal. COMM. 92191524
s Notary Public - California
Signature: Los Angeles Count
b'n Comm. Fjores Ma 11, 2021
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 CLAI!%ED BY SIGNER
❑ INDIVIDUAL
CORPORATE C
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
A-2
DESCRIPTION OF ATTACHED DOCUMENT
i &*i`vact
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
,And (e -f, 6ctvK o
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
rr..,, D P1� FbtPc
On �f 41wq 11, 2021 before me, Yft Part fflMem /, personally appeared "iX 6A mm , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
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.
MARY MED MEN
WITNESS my hand and official seal. COMM. 4091X s
a I�lotary Public - California �
Signature: los Angeles County
My t omm. emires May 11, 2021
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
CTOP T OFFIC
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01007.0001/691390.4 BRJ
DESCRIPTION OF ATTACHED DOCUMENT
(5A sup iMM�ct-
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. General; Elevators: Provide maintenance services using licensed* elevator service
technicians and employ reasonable care to maintain in proper operating condition the following
two City elevator units and associated equipment (collectively the `Elevators," and each an
`Elevator"):
Building Unit
Name Quantity
City Hall One (1)
Community One (1)
Center (801
E. Carson
St.)
Manufacturer Type of Unit ID — Number of
Unit Serial No. Floors
MCE - 1000 Hydro/Pass 48904 Four (4)
Stops IL
Montgomery Hydro/Pass 73474 Two (2)
Miprom Stop IL
*"Licensed," for purposes of this provision, means holding a CCCM (California,
Competent Conveyance Mechanic) License.
B. Monthly Service Visit Maintenance Services. During regularly scheduled monthly
service visits, to take place during Consultant's regular working hours (7:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding federal, state, local, and elevator trade holidays ["Regular
Working Hours"), Consultant shall systemically examine, adjust, and lubricate the Elevators
(including the following components, parts and equipment, as applicable) as conditions warrant,
and if Consultant, in its reasonable discretion, determines that conditions related to normal
use/wear and tear warrant, shall repair and/or replace the following components, parts and
equipment (as applicable) for each Elevator, except as otherwise specified in this Agreement:
• Replace or repair worn components due to normal wear and tear.
• Lubricate equipment for smooth and efficient performance.
• Adjust elevator parts and components to maximize performance and safe operation.
• Re -lamp all signals.
• Pump Unit, including tank, fluid, jack packing, exposed piping, motor, pump and
valve system.
• Selector, including motors, cams, switches, bearings, wiring, cable, tape, and
driving mechanism.
A-1
• Controller and Dispatcher, including wiring, relays, capacitors, timers, resistors,
computers, solid state components, circuit boards, rectifiers, transformers, load
weighing and transducers.
• Car Guide Shoes, including gibs and rollers.
• Car Buffers, including switches, springs, and oil.
• Car Guide Rails.
• Car, Shaftway, and Machine Room Wiring, including travelling cables.
• Door Operator System, including motor, clutches, sheaves, belts, bearings,
contacts, cams gears, car door hangers, and door reversal devices.
• Car and Hall Signal Devices, including lamps and displays.
• Car and Hall Operating Devices, including buttons, lamps and switches.
• Door Hardware, including hangers, interlocks, gibs and closers.
• All accessory equipment furnished and installed by Consultant.
• Machine, including worms, gears, bearings, brake, linings, coil, contact, coupling
and sheaves.
• Hoist Motor and Generator, including the windings, fields, stators, rotating
elements, brushes, holders, bearings, commutators, and static drive.
• Hoist and Governor Ropes, including tension equalization and re -socketing of drum
hoist and counterweight ropes.
• Car and Counterweight Safety Mechanism, including governor.
• Car and Counterweight Guide Shoes, including gibs and rollers.
• Car and Counterweight Buffers, including switches, springs and oil.
• Hoistway Equipment, including switches, cams, springs and oil.
• Car and Counterweight Guide Rails.
• Monitor the Elevators' emergency communication devices.
Consultant shall document all work performed and provide records logs with each
controller.
A-2
Consultant shall also perform the monthly Phase 1 & Phase 2 testing and logging of the
elevator fire recall operation for each Elevator, in accordance with applicable code requirements.
Test results will be logged and kept in the elevator machine room for each Elevator.
C. On -Call Emergency Services. Should trouble with the Elevators develop between
the regularly scheduled service visits, the Contract Officer may contact Consultant's emergency
service dispatchers, who are on duty 24 hours per day, 7 days per week, to request emergency
callback service, and Consultant will promptly dispatch a service technician. Immediately upon
execution of this Agreement, Consultant shall provide the Contract Officer with the emergency
service telephone number (capable of sending and receiving text messages) and email address of
its emergency service dispatcher (and of Consultant's Representative, if necessary) which the
Contract Officer may use for this purpose. Services requested to be performed pursuant to this
subsection (C) during Regular Working Hours shall be performed at no additional charge to City,
as such services are deemed included within the regular monthly services provided pursuant to this
Agreement. Services requested to be performed pursuant to this subsection (C) outside of Regular
Working Hours will be billed at the rates set forth in Section 11 of Exhibit "C." All on-call services
pursuant to this subsection (C) shall be performed in compliance with the following requirements:
1. 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 completion. All
tasks shall be carried out in conformity with applicable provisions of this Agreement.
2. Consultant must prepare a written description of the requested tasks
including: all components and subtasks; the costs to perform the task, if any (i.e., for services
requested to be performed outside of Regular Working Hours) ("Task Budget"), using the
applicable rate set forth in Section R of Exhibit "C"; an explanation of how the cost was
determined; and, a schedule for completion of the task ("Task Completion Time"); which shall all
collectively be referred to as the "Task Proposal."
3. Contract Officer shall in writing approve, modify or reject the Task
Proposal, and may issue a Notice to Proceed.
4. The task shall be performed at a cost not to exceed the Task Budget.
5. Consultant shall complete the task and deliver all deliverables .to Contract
Officer by the Task Completion Time.
*Note: Whenever a written communication is required pursuant to this subsection,
transmission of the communication via email or text message (to the appropriate email address(es)
or phone number(s) capable of sending/receiving text messages referenced above) is acceptable.
D. Quality Assurance. To help increase Elevator performance and decrease downtime,
Consultant's technicians utilize the latest industry methods and technology available to Consultant
for City's specific brand(s) of Elevator. Consultant's technicians will be equipped with the tools,
documentation and knowledge to troubleshoot City's unique system, and will have access to a
comprehensive parts replacement inventory system as described in subsection (E). Behind
Consultant's technicians is a team devoted to elevator excellence. Also, Consultant's internal
quality control program ensures optimum and reliable operation of City's Elevators.
A-3
E. Parts Inventory. Consultant will supply commonly used replacement parts,
lubricants, and wiping cloths for the performance of routine maintenance and parts replacement.
Where such supplies may be stored at the service location, these materials and any enclosures
provided for their storage will remain the property of Consultant. However, nothing in this
Agreement authorizes or permits Consultant to store any parts or materials on City premises absent
prior written approval of the Contract Officer. Upon expiration or termination of this Agreement
for any reason, City agrees to provide Consultant access to the premises (if any) where any such
parts or materials are stored as necessary to allow Consultant to remove such property. If
Consultant fails to remove such property within a reasonable time upon notice and request from
City, City may dispose of such property as it sees fit with no liability to Consultant.
F. Supply of Product Information. City agrees to provide Consultant with current
wiring diagrams that reflect all changes, parts, catalogs, and maintenance instructions for the
Elevators. City agrees to allow Consultant to make and/or keep single copies of any programmable
device(s) used in the Elevators for the purpose of archival back-up of the software embodied
therein for the term of this Agreement. These items will remain the property of City.
G. Safety. City shall be responsible for informing, instructing, and warning passengers
in the proper use of the Elevators. City shall keep the Elevators under continued surveillance by
competent personnel to detect irregularities between Consultant's monthly service visits. City
shall report, as soon as possible, any condition of which City becomes aware that may indicate a
need for correction before the next regular examination by Consultant. Upon manifestation of any
irregularities in operation or appearance of the Elevators, City will shut down the Elevator and
notify Consultant as soon as possible, and keep the Elevator shut down until the completion of any
repairs. City shall give verbal notice to Consultant as soon as possible, and written notice to
Consultant within seven (7) calendar days, after any occurrence or accident concerning the
Elevators. City agrees to make reasonable efforts to keep the service locations surrounding the
Elevators safe for Consultant's personnel to work at. Consultant reserves the right to discontinue
work at a service location whenever, in its reasonable discretion, its personnel do not have a safe
environment in which to work. City agrees to provide a suitable machine room, including without
limitation secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a
temperature of 50°F minimum to 90°F maximum. City shall make reasonable efforts to maintain
the elevator pit of each Elevator in a dry condition at all times. Should water or other liquids
become present, City shall arrange for immediate removal and proper handling of such moisture.
H. Work by Others. For safety reasons, City agrees not to allow others to make
alterations, additions, adjustments, or repairs or replace any component or part of the Elevators
during the term of this Agreement. City accepts the professional judgment of Consultant as to the
means and methods to be employed for any corrective work for the Elevators. City agrees and
acknowledges that, if Consultant's inspection of the Elevators reveals an operational problem
which jeopardizes the safety of the riding public, Consultant may shut down the Elevators until
such time as the operational problem is resolved. Thereafter, Consultant will immediately advise
the Contract Officer in writing of such action, the reason for such action, and whether a proposed
solution is covered by the terms of this Agreement.
I. Exclusions. The Services do not include the following:
1. Cosmetic, construction, or ancillary components of the Elevators, such as
the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels, fixtures,
hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light
bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator
jack outer casting, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire
service reports, communication devices, security systems not installed by Consultant, batteries for
emergency lighting and lowering, air conditioners, heaters, ventilation fans, and all other items
described as excluded in this Agreement.
2. Safety tests unless otherwise specified in this Agreement.
3. Installations of new attachments or devices on the Elevators as directed or
recommended by others.
4. Replacements with components of a different design.
5. Replacements with components to upgrade or modernize the Elevators.
6. Fabrication of replacement parts that are no longer stocked by the original
supplier or regularly available from another source.
7. Correction of any pre-existing deficiencies, and deficiencies resulting from
an obsolete condition of the Elevators as existed at the time of the effective date of this Agreement,
from vandalism, or from an act of God (Consultant will provide City with notification of any pre-
existing deficiencies within the first ninety (90) days of the effective date of this Agreement).
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. NOT APPLICABLE.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
A. Monthly service visit schedules for each Elevator, as agreed upon/approved by the
Contract Officer.
B. Documentation and records logs of all work performed.
C. Service reports and status updates as requested by the Contract Officer.
IV. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A-5
A. Matt Vannucci, Service Technician (CCCM)
B. Joey Temple, Service Technician (CCCM)
C. Dave Cotton, Service Technician (CCCM)
EXHIBIT `B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(new text shown in bold italics, deleted text in stF4wtbfoug4)
I. A new Section 1.5, "Compliance with Labor and Wage Laws", is hereby added to
the Agreement to read in its entirety as follows:
"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 1
(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 the
DIR. Consultant shall post job site notices, as prescribed by regulation.
b. Registration with DIR. Pursuant to Labor Code section 1771.1, Consultant and all
subcontractors must be registered with, and pay an annual fee to, the DIR prior to
and during the performance of any work under this Agreement.
C. Prevailing Wages. Consultant shall pay prevailing wages to the extent required by
Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available
to any interested parry on request. By initiating any work under this Agreement,
Consultant acknowledges receipt of a copy of the DIR determination of the
prevailing rate of per diem wages, and Consultant shall post a copy of the same at
each job site where work is performed under this Agreement. If this Agreement is
subject to the payment of federal prevailing wages under the Davis -Bacon Act (40
U.S.C. § 3141 et seq.), then Consultant shall pay the higher of either the state for
federal prevailing wage applicable to each laborer.
d. Penalty for Failure to Pay Prevailing Wages. Consultant 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. Consultant 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 the DIR for the work or craft in which
the worker is employed for any public work done pursuant to this Agreement by
Consultant or by any subcontractor.
e. Payroll Records. Consultant shall comply with and be bound by the provisions of
Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of
In
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. Consultant shall comply 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. Consultant shall be responsible for compliance with these aforementioned
Sections for all apprenticeable occupations. Prior to commencing work under this
Agreement, Consultant 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, Consultant and each of its subcontractors shall
submit to the City a verified statement of the journeyman and apprentice hours
performed under this Agreement.
g. Eight -Hour Work -Day. Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor
Code Section 1810.
h. Penalties for Excess Hours. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. Consultant shall, as a penalty to the City, forfeit twenty-five dollars
($25) for each worker employed in the performance of this Agreement by
Consultant or by any subcontractor for each calendar day during 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 Consultant 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 (11/z) 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 if it has employees. In accordance with the provisions of California
Labor Code Section 1861, Consultant certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
j. Consultant's Responsibility for Subcontractors. For every subcontractor who will
perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with
IM
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.
Consultant 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 the specified prevailing rate of wages. Consultant shall diligently
take corrective action to halt or rectify any such failure by any subcontractor."
II. Section 3.4, "Term," of the Agreement is hereby amended to read in its entirety as
follows:
"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 three (3) exe (1) years from the date hereof, except as otherwise provided
in the Schedule of Performance (Exhibit `D')."
III. Subsection (d), "Professional Liability," of Section 5.1, "Insurance Coverages," is
hereby deleted from the Agreement.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services at the following rates:
RATE TIME SUB -BUDGET
A. All Services
Other than On -
Call Emergency
After Hours
Services per Exh.
A, §I.0
B. On -Call
Emergency After
Hours Services
per Exh. A, §I.0
$330 Per Month (flat $11,880
monthly rate; 36
months)
FMTD rate per Per Hour $7,920
Section II,
below
II. Full Time Maintenance Differential (FMTD). On -Call emergency services requested
to be performed outside of Regular Working Hours pursuant to Section I.0 of Exhibit
"A" shall be performed at rates calculated as follows: Consultant will absorb the
worked hours at the "straight time" rates set forth in the table below, and City will be
responsible for the overtime premium portion only, including for travel time.
Straiaht Time Overtime 1.7 Double Time
Mechanic
$375.00
$638.00
$749.00
Helper
$296.00
$503.00
$592.00
Team
$671.00
NIA
$1,342.00
Adjuster
$399.00
$678.00
$798.00
III. For on-call emergency services performed outside of Regular Working Hours
pursuant to Section I.0 of Exhibit "A," Consultant shall establish a Task Budget for
each Task, identifying any subtasks, based on the time and rates of the personnel
performing the Task/subtasks, as set forth in Section II, above.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice, in accordance with Section 2.2. Each invoice is to include, to the extent
applicable:
A. Line items for all the work performed, the number of hours worked, and the hourly
rate.
C-1
01007.0001/691390.4 BRJ
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 $19,800.00, as provided in
Section 2.1 of this Agreement.
IM
I.
II.
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Consultant shall perform all Services timely in accordance with the following
schedule:
Days to Perform
A. All Services Monthly intervals,
Other than On- for each Elevator
Call
Emergency
After Hours
Services per
Exh. A, §I.0
B. On -Call Per Task Proposal
Emergency
After Hours
Services per
Exh. A, §I.0
Deadline Date
By monthly
scheduled date
approved by
Contract Officer
By applicable Task
Completion Time
Consultant shall deliver the following tangible work products to the City by the
following dates.
A. NOT APPLICABLE
The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
D-1
01007.0001/691390.4 BRJ
SMART -3
np in. Nr
ACC7RL�° CERTIFICATE OF LIABILITY INSURANCE
D 12/02/2020
12/02/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER 925-283-5750
ISU Massie & Beck Ins. Serv.PHONE
License #OB29340
CONTACT Julie Rector
925-283-5750 FAX 925-283-5751
AIC, No, Ext : A/C, No):
315 Lennon Lane
E-MAIL .julie@isumassie.com
Walnut Creek, CA 94598
A
Dean Sigmundson
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Great American Ins. Comp. 16691
GLP194869902
NSURE4
13523rlse Elevator Service,lnc
13523 Larwin Circle
INSURERB,National Union Fire Insurance 19445
INSURER C: AmGUARD Ins/Guard Ins. 42390
Santa Fe Springs, CA 90670
INSURER D : P• State Com Ins. Fund 35076
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.
INSR
TYPE OF INSURANCE
ADDLSUBR
POLICYNUMBER
POLICY EFF
12/01/2020
POLICY EXPLTR
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
X
X
GLP194869902
12/01/2021
EACH OCCURRENCE $ 1,000,000
DAMAGE ETOREND
PREMISccurrence $ 300'000
MED EXP (Anyoneperson) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY F JECT D LOC
GENERAL AGGREGATE $ 4,000,000
PRODUCTS - COMP/OP AGG $ 4'000,000
Max.Aggr. 10,000,000
OTHER:
C
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT$ 1,000,000
(Ea accident)ANYAUTO
BODILY INJURY PerPerson) $
AUTEOS ONLY ED X AUTOpS ULED
X
X
SMAU123678
08/01/2020
08/01/2021
BODILY INJURY Per accident $
Perr.cdZI) AGE $
X
AUTOS ONLY X ATOS ONLY
B
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE $ 2,000,000
X
EXCESS LIAB
CLAIMS -MADE
EBU018423711
12/01/2020
12/01/2021
AGGREGATE $ 2,000,000
DED I I RETENTION $
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / NTATU
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
X
9258422-20
08/0712020
08/07/2021
X PER T, OTH-
ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE -EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required)
Re: Named insureds operations only. City of Carson, its elected and
appointed officers, employees, volunteers and agents are included as
additional insureds as respects to General and Auto Liability. Coverage is
primary and non-contributory. Waiver of subrogation applies to General and
Auto Liability and Workers Compensation.
CTYCARS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Carson ACCORDANCE WITH THE POLICY PROVISIONS.
701 E. Carson Street
Carson, CA 90745 AUTHORIZED REPRESENTATIVE
I I Aae�_ 21s1zoz2 tel~
AGURD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: GLP194869902
CG 20 10 (Ed. 04 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
Name of Additional Insured
Person(s) or Organization(s)
Location(s) of Covered Operations
Any person or organization that you are required and agreed to name as
Any location within the "coverage territory"
an additional insured on your policy under:
1. A written contract or agreement that is in effect during the term of this
policy and such contract is entered into prior to the "occurrence" of any "bodily
injury", "property damage", "personal injury", or "advertising injury";
or,
2. An oral contract or oral agreement with a person or organization
when a certifiicate of insurance showing that person or organization as an
Additional Insured has been issued; and such oral contract or oral agreement
is in effect during the term of this policy and is entered into prior to the
"occurrence" of any "bodily injury", "property damage", "personal injury", or
"advertising injury".
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in whole or in part, by:
1. your acts or omissions; or
2. the acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated
above.
However;
1. the insurance afforded to such additional insured only applies to the extent permitted by law; and
2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract
or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. all work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s)
at the location of the covered operations has been completed; or
Copyright, ISO Properties, Inc., 2012
CG 20 10 (Ed. 04/13) (Page 1 of 2)
2. that portion of "your work" out of which the injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
C. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III -
LIMITS Of INSURANCE:
If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay
on behalf of the Additional Insured is the amount of insurance:
1. required by the contract or agreement; or
2. available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
Copyright, ISO Properties, Inc., 2012
CG 20 10 (Ed. 04/13) (Page 2 of 2)
Policy Number: GLP194869902
CG 20 37 (Ed. 04 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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 Insured
Person(s) or Organization(s) Location and Description of Completed Operations
Any person or organizationthat you are required and agreed to name as An location within the "coverage territory", as an additional insured on your policy under: Y 9 and for all completed operations
1. A written contract or agreement that is in effect during the term of this
policy and such contract is entered into prior to the "occurrence" of any
"bodily injury", "property damage", "personal injury", or "advertising
injury";
Or,
2. An oral contract or an oral agreement with a person or organization
where a certificate of insurance showing that person or organization as
an Additional Insured has been issued; and such oral contract or oral
agreement is in effect during the term of this policy and such contract is
entered into prior to the "occurrence" of any "bodily injury", "property
damage", "personal injury", or"advertising injury';
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" 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, if coverage provided to the Additional Insured is required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract
or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III -
LIMITS OF INSURANCE:
If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay
on behalf of the Additional Insured is the amount of insurance:
1. required by the contract or agreement; or
Copyright, ISO Properties, Inc., 2012
CG 20 37 (Ed. 04/13) (Page 1 of 2)
2. available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
Copyright, ISO Properties, Inc., 2012
CG 20 37 (Ed. 04/13) (Page 2 of 2)
Policy Number: GLP194869902
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ELEVATOR CONTRACTOR PLUS ENDORSEMENT
Primary and Non -Contributory Additional Insured Extension
This endorsement modifies insurance provided under the following:
COMMON POLICY CONDITIONS
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section Extracted from Endorsement CG 90 53 (Ed. 04/16)
K. Primary and Non -Contributory Additional Insured Extension
This provision applies to any person or organization who qualifies as an Additional Insured under any
form or endorsement under this Policy.
Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
is amended as follows:
a. The following is added to Paragraph a. Primary Insurance:
This insurance is primary to and will not seek contribution from any other insurance available to an
Additional Insured under your policy provided that:
(1) the Additional Insured is a Named Insured under such other insurance; and
(2) you have agreed in writing in a contract or agreement that this insurance would be primary
and would not seek contribution from any other insurance available to the Additional Insured.
Policy Number: GLP194869902
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ELEVATOR CONTRACTOR PLUS ENDORSEMENT
Blanket Waiver of Subrogation
This endorsement modifies insurance provided under the following:
COMMON POLICY CONDITIONS
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section Extracted from Endorsement CG 90 53 (Ed. 04/16)
T. In SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added at the
end of Condition 8. Transfer of Rights of Recovery Against Others to Us:
We waive any right of recovery we may have against a person or organization because of payments
we make for injury or damage arising out of:
a. your ongoing operations; or
b. "your work" pursuant to a written contract between you and that person or organization and
included in the "products -completed operations hazard";
but only if:
c. you and that person or organization have agreed, in a written contract or agreement, that you waive such
rights against that person or organization; and
d. the injury or damage occurs only after you and that person or organization have signed the
written contract or agreement described in c.
Policy Number: SMAU123678
COMMERCIAL AUTO
BA 99 04 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This provision does not apply in regard to any ownership, maintenance or use of the additional insured's "autos."
Additional Insured When Required by Contract
(1) Paragraph A.1. — WHO IS AN INSURED —
of Section II — Liability Coverage is
amended to add:
d. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for
"bodily injury" or "property damage"
caused by the conduct of an "insured"
under paragraphs a. or b. of Who Is An
Insured with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that the insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If another person or organization is
added as an additional insured on your
policy, the additional insured shall be
required to comply with the provisions in
A. Loss Conditions 2. — Duties In The
Event Of Accident, Claim, Suit Or
Loss — of SECTION IV — BUSINESS
AUTO CONDITIONS, in the same
manner as the Named Insured.
BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
Policy Number: SMAU123678
GUARD
INSURANCE 1 i COMMERCIAL AUTO
GROUP 03,iZ G U BBA 99 02 09 08
a Berkshire Hathaway company Comp • Susinessowner's • Auto • Umbrella m N
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply
unless modified by the endorsement.
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of
Recovery Against Others To Us is amended by adding the following:
We waive any right of recovery we may have against any person or organization with whom you have a
written contract that requires such waiver because of payments we make for damages under this
Coverage Form.
BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
BLANKET BASIS
BROKER COPY
HOME OFFICE
SAN FRANCISCO EFFECTIVE AUGUST 7, 2020 AT 12.01 A.M.
ALL EFFECTIVE DATES ARE AND EXPIRING AUGUST 7, 2021 AT 12.01 A.M.
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
SMARTRISE ELEVATOR SERVICE, INC.
13523 LARWIN CIR
SANTA FE SPRINGS, CA 90670
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
.RrHF.I1III.F
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION BLANKET WAIVER OF
FOR WHOM THE NAMED INSURED SUBROGATION
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
REP 02
9258422-20
RENEWAL
NA
2-75-64-26
PAGE 1 OF 1
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS
POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR
LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
AUTHORIZED REPRESENT IVE
SCIF FORM 10217 (REV.7-2014)
JULY 24, 2020
PRESIDENT AND CEO
2572
OLD DP 217