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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 01007.0001/691390.4 BRJ 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 01007.0001/691390.4 BRJ -2- 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 01007.0001/691390.4 BRJ -4- 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. 01007.0001/691390.4 BRJ -6- 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 01007.0001/691390.4 BRJ -8- 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