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HomeMy WebLinkAboutSiteOne Landscape Supply LLC; 2024-12-05; PR-MPW-24003PTracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 1 City Attorney Approved 6/5/2024 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT MEDIAN IRRIGATION CONTROLLER UPGRADES; CONT. NO. PR-MPW-24003P This contract is made on the ______________ day of _________________________, 20__ (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and SiteOne Landscape Supply LLC, a limited liability corporation whose principal place of business is 750 S. Coast Highway 101, Encinitas, CA 92024-4440 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Morgan Rockdale (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444 24December5th Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 2 City Attorney Approved 6/5/2024 Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 3 City Attorney Approved 6/5/2024 observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than……..$2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444 Keith McGinty Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 4 City Attorney Approved 6/5/2024 non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within five (5) working days after receipt of Notice to Proceed. Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 5 City Attorney Approved 6/5/2024 CONTRACTOR’S INFORMATION. SiteOne Landscape Supply LLC 750 S. Coast Highway 101 (name of Contractor) 995244 (street address) Encinitas, CA 92024-4440 (Contractor’s license number) C27; 7/31/2026 (city/state/zip) 760-436-2062 (license class. and exp. date) 1000017523; 6/30/2027 (telephone no.) EAnderson@siteone.com (DIR registration number/exp. date) (e-mail address) AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. [signatures on following page] Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 6 City Attorney Approved 6/5/2024 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SiteOne Landscape Supply LLC , a limited liability corporation By: By: (sign here) Parks & Recreation Department Director Keith McGinty, Director (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: N/A single signer Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 7 City Attorney Approved 6/5/2024 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. & Expiration Date License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444 0 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 8 City Attorney Approved 6/5/2024 EXHIBIT B SCOPE OF WORK AND COST Scope of Work Summary: Contractor will remove existing irrigation controllers at locations specified by City staff, provide and install upgraded irrigation controllers. Contractor will turn over old irrigation controllers to the City. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 $1,000 5 GT installation labor (upgrade install up to 24 stations) $5,000.00 2 $25 5 GT miscellaneous parts $125.00 3 $1,250 2 GT installation labor (upgrade install 25 to 48 stations) $2,500.00 4 $25 2 GT miscellaneous parts $50.00 SUBTOTAL $7,675.00 SALES TAX $13.56 TOTAL* $7,688.56 *Includes prevailing wage, taxes, fees, expenses and all other costs. Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 9 City Attorney Approved 6/5/2024 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Tracking #: MEDIAN IRRIGATION CONTROLLER UPGRADES CONT. NO. PR-MPW-24003P Page 10 City Attorney Approved 6/5/2024 EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: ☐ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ☐ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ☐ Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). ☐ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ☐ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: SiteOne Landscape Supply LLC Signature: Name: Title: Director Date: Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444 Keith McGinty X 11/26/2024 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D 12/23/2023 X 12/23/2024 0 X C 20699 4,000,000 SCF C50671252 (WI) 22667 150,000 A X D 12/23/2024 X ACE Fire Underwriters Insurance Company X 12/23/2023 CN117936603-,-GAWU-23-24 1,000,000 43575 ATL-005792274-02 12/23/2023 X 4,000,000 10/02/2024 X 8 12/23/2024 1,850,000 X 1,000,000 1,000,000 A 12/23/2024 12/23/2023 X 20702 ISAH10689582 N/A WLR C50671215 (AOS) XEUG47379970 002 1,000,000 City of Carlsbad, its officials, employees and volunteers. are is/are included as Additional Insured as required by written contract subject to the policy terms and conditions with respect to General Liability and Auto Liability. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. ACE Property & Casualty Insurance Company & its subsidiaries SiteOne Landscape Supply, Inc. Roswell, GA 30076 300 Colonial Center Parkway, Suite 600 1,850,000 ACE American Insurance Company TWO ALLIANCE CENTER MARSH USA, LLC. ATLANTA, GA 30326 3560 LENOX ROAD, SUITE 2400 Attn: Michelle.W.Robles@marsh.com XSL G47298969 Indemnity Ins Co Of North America N Carlsbad, CA 92008 City of Carlsbad 1200 Carlsbad Village Drive 12/23/2023 B 3,000,000 SIR: $500,000 X 150,000 12/23/2024 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 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 CONTACT NAME: PHONE I FAX IA/C No E:xtl: (A/C No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: INSURED INSURERB: INSURERC: INSURERD: INSURERE: INSURERF: 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 ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ll.lC!n IAl\/n POLICY NUMBER CMM/DDNVYYl CMM/DD/YYYY\ LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ □ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES {Ea occurrence) $ MED EXP (Any one person) $ ~ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PRO-DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ <Ea accident) ~ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ HIRED ~ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ ~ ~ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ~~s-~~e © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D POLICY NUMBER: ISA H10689582 1 Endorsement Number: 3 COMMERCIAL AUTO CA20 0111 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR -ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured: SiteOne landscape Supply, Inc. Endorsement Effective Date: SCHEDULE Insurance Company: ACE American Insurance Company Policy Number: ISA H 10689582 I Effective Date: Expiration Date: 12/23/2024 Named Insured: SiteOne landscape Supply, Inc. Address: 300 Colonial Center Parkway Suite600 Roswell GA 30076 12/23/2023 Additional Insured (Lessor): Any Lessor whom you have agreed to include as an additional insured under a written contract. provided such contract was executed prior to the date of loss. Address: Designation Or Description Of "Leased Autos": All autos leased by you Coverages Limit Of Insurance Or Deductible Covered Autos Liability $ 5 000.000 Each "Accident" CA20 0111 20 © Insurance Services Office, Inc., 2019 Page 1 of2 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Comprehensive $ Excluded Deductible For Each Covered "Leased Auto" Collision $ Excluded Deductible For Each Covered "Leased Auto" Specified $ Excluded Deductible For Each Covered "Leased Auto'" Causes Of Loss lnfonnation reciuired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or desaibed in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Llablllty Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your •employees• or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellatlon 1. If we cancel the Policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the Policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page2 of2 © Insurance Services Office, Inc., 2019 CA20 011120 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D NOTICE TO OTHERS ENDORSEMENT -SCHEDULE NOTICE BY INSURED1S REPRESENTATIVE Named Insured SiteOne landscape Supply, Inc. Endorsement Number 2 Policy Symbol I Polley Number I Polley Pertod Effective Date of Endorsement ISA H10689582 12/23/2023 TO 12/23/2024 l88ued By (Name of Insurance Company) ACE American Insurance Company Insert Iha policy number. The remainder al' Iha Information Is to be completad only when this endorsement Is lauad subsequent 1D Ille praperatlon of Iha pollcy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement es provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We ere not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in tum sand the notice to the peraons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endoraement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL-32686 (01/11) Page 1 of 1 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Named lneured ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION Endonlement Nurmer SiteOne Landscape Supply, Inc. 4 1 Polley Symbol I Polley Number I Poley Partod Effecllve Date of Endoniement XSL G47298969 12/23/2023 to 12/23/2024 IS&ued By (N11me of lneurant:e Compm,y) ACE American Insurance Company Insert the polcy number. The remainder of 1hs lnforma11on Is to b8 compl&ted ~ when tills end01118m&nt Is l&Sued st1baequent to the preparation ofttie policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies Insurance provided under the followlng: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name Of Addltlonal Insured Person(s) Or Oraanlzatlon(s): Location{&) Of Covered Oaarations Any Owner, Lessee or Contractor whom you have agreed All locations where you are performing ongoing to include as an additional insured under a written contract, operations for such additional insured pursuant to a provided such contract was executed prior to the date of written contract, provided such contract was loss. executed prior to the date of loss. 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 organiza- tion(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 damageR 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 XS-21168a (04/13) Copyright, Insurance Services Office, Inc., 2012 Page 1 of2 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D 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 Ill - Limits Of Insurance And Retained Limit: 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. Authorized Representative XS-21168a (04/13) Copyright, Insurance Services Office, Inc., 2012 Page2of2 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D NOTICE TO OTHERS ENDORSEMENT -SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured SiteOne Landscape Supply, Inc. Endorsement Number 9 Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement XSL G47298969 12/23/2023 TO 12/23/2024 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remai'lder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 2 A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule•) by allowing your representative to send such notice to such persons or organizations. This notice will be In addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL-32686 (01/11) Page 1 of 1 Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D Workers' Compensation and Employers' Liability Policy Named Insured Endoraement Number SITEONE LANDSCAPE SUPPLY, INC. 300 COLONIAL CENTER PKWY, SUITE 600 Policy Number ROSWELL GA 30076 Symbol: WLR Number: C50671215 Policy Period Effective Date of Endorsement 12-23-2023 TO 12-23-2024 12-23-2023 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The remainder of the lnformaUon Is to be completed only when this endorsement Is Issued sublequent to the preparaUon of the policy. This endorsement changes the policy to which II ls attached and Is effective on the date Issued unless otherwise stated. NOTICE TO OTHERS ENDORSEMENT -SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be In addltlon to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in tum send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of /\Z., FL, ID, ME, NC, NJ, NM, TX and WI. ~ Authorized Representative WC 99 03 69 (01/11) Page 1 Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D CERTIFIED COPY OF RESOLUTION SiteOne Landscape Supply, LLC I, Briley Brisendine, Secretary of SiteOne Landscape Supply, LLC, a limited liability company organized and existing under the laws of the State of Delaware (the "Company"), do hereby certify that: 1. The Board of Managers of SiteOne Landscape Supply, LLC adopted the following resolutions effective November 29, 2022 via Unanimous Written Consent and such action has not been rescinded or further amended and remains in full force and effect on the datehereof: RESOLVED, that effective November 29, 2022, Keith McGinty, John T. Guthrie, Monique Potts and Rosalin Santiago (collectively, the "Signors") are hereby authorized individually to sign and deliver any and all instruments required by any governmental agency within the United States for the purpose of binding the Company to contracts for the sale of its products; FURTHER RESOLVED, that the authority granted to the Signors remains subject to the limits on rebates provided to customers as provided in the Company's Delegation of Authority Policy; FURTHER RESOLVED, that any governmental agency may rely upon the signature of any one Signor in connection with said bids and/or the sale of the Company's products; and FURTHER RESOLVED, that the acts of persons authorized by the foregoing resolutions that would have been authorized by said resolutions except that such acts were taken prior to the adoption of such resolutions are hereby severally ratified, confirmed, approved, and adopted as acts in the name and on behalf of the Company. ,1111,1111111,11,,, w· h d d h I f .d ~,,,,,,,, ascap 11111,,,,, 1tness my an an t e sea o sa1 ~~ ' 1>-~ ••••• • e & ❖,, • h d f ,§' q, --:-·· ·-•• ~ % Company this 28t ay o ~ ~.· •.Z>✓. ~ "' o • -~ -::c11..ro emb 2023 ff.,!}]:· Formation ~-.... ~'4 v er, ~en: Date :5s \ .•. :-. 2001 _ .. f-7§ %-,. ••. .•• *.::, P-7 ~ ... ..• ~ ~ D ...... §' .,. ~"l',,,,, e I a w a { e ,,,,,,,~ • '111111111111111111111'' Briley Brisendine, Secretary Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D STATE OF GEORGIA ) COUNTY OF FULTON ) SS: U.S.A. ) I, Rebecca L. Ramstrom, do hereby certify that Briley Brisendine, personally known to me to be Secretary of SiteOne Landscape Supply, LLC, a Delaware limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument as Secretary of said company as his free and voluntary act and as the free and voluntary act of said corporation for the uses and purposed therein set forth, given under my hand and seal this 28th day ofNovember, 2023. January 1, 2024 SITEONE LANDSCAPE SUPPLY LLC 2/28/2025 225385 http://www.arb.ca.gov/doors/compliance_cert1.html 6/13/24, 6:32 AM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 1/2 Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D California Environmental Protection Agency Air Resources Board CERTIFICATE OF REPORTED COMPLIANCE OFF-ROAD DIESEL VEHICLE REGULATION is issued to This certificate indicates that the fleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are in compliance with title 13 CCR, section 2449. All applicable vehicles owned by the individual, company, or agency must be reported and labeled, as specified in Section 2449, with all possible completeness, else this certificate is null and void Certificate expires /L--- Chief, Mobile Source Control Division California Air Resources Board Off-road Diesel Fleet Identification To verify the authenticity of this certificate, enter this number at 6/13/24, 6:32 AM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 2/2 Docusign Envelope ID: FCF6CB86-4941-4AFF-943A-08A9D88A0444Docusign Envelope ID: 3E3295C3-1B9A-4B50-96E9-93EB1F299B5D ... . ~ i ..., .,,.