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HomeMy WebLinkAboutGEMS Environmental Management Services Inc; 2025-03-12; CS-PUA-25001CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 1 This Property Use and Indemnity Agreement ("Agreement”), date as of _________________, 20__, solely for identification purposes is made and entered into by and between the City of Carlsbad, a California charter city, ("CITY") and GEMS Environmental Management Services, Inc. (“PERMITTEE"). R E C I T A L S WHEREAS, CITY is owner of that certain vacant real property situated in the City of Carlsbad, County of San Diego, State of California, located on the City Fleet Property at 2480 Impala Drive (APN: 209-050-26-00), and 26.2 acres in size, of which only approximately 50,000 square feet adjacent to Orion Way will be utilized, which is hereinafter called the “Premises”, and is generally depicted and illustrated on a sketch thereof marked Exhibit "A". WHEREAS, PERMITTEE is a CITY contractor working on the Carlsbad Fleet Fuel Island Upgrade project known as Project No. 4747 (the “Project”). WHEREAS, PERMITTEE is desirous of using the Premises as a temporary storage area for its construction crews, vehicles, materials, and equipment to facilitate the Project, and CITY consents to said temporary use of the Premises by PERMITTEE under the terms and conditions in this Agreement. NOW THEREFORE, the parties hereto in accordance with the terms, covenants, conditions and provisions contained herein, mutually agree as follows: SECTION 1: USES 1.01 Premises. CITY hereby authorizes PERMITTEE, in accordance with the terms, covenants, conditions and provisions of this Agreement, the limited use of the Premises by PERMITTEE. In return for the limited use of the Premises, PERMITTEE hereby agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this Agreement. 1.02 Uses. It is expressly agreed that the Premises shall be used by PERMITTEE solely and exclusively for the purpose of a temporary storage area for its construction crews, vehicles, material and equipment while performing work related to the Project. At any time during the use of the Premises by PERMITTEE, PERMITTEE shall be required to fence the Premises as determined by CITY, if the CITY deems it necessary in the interest of public safety. PERMITTEE covenants and agrees to use the Premises for the above specified purposes only and to diligently pursue said purposes throughout the term hereof. In the event that PERMITTEE fails to continuously use the Premises for said purposes or uses the Premises for purposes not expressly authorized herein, the PERMITTEE shall be deemed in default under this Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD March 12 25 CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 2 Agreement, and this Agreement shall be subject to immediate termination. SECTION 2: TERM 2.01 Commencement. The term of this Agreement shall be for approximately one (1) year commencing on the Effective Date of this Agreement and expiring on ________________, 20__. The “Effective Date” of this Agreement shall be the date this Agreement is approved and executed by the CITY. 2.02 Term Extension. The term and conditions of this Agreement may be extended on a month-to-month basis by mutual written consent of both parties. 2.03 Termination Provisions. Notwithstanding any other provisions contained in this Agreement, either party may terminate this Agreement for any reason whatsoever by giving the other party at least thirty (30) days prior written notice of such termination. SECTION 3: Property Use Payment 3.01 Property Use Payment. PERMITTEE shall pay CITY the sum of One Dollar ($1.00) per month as rent for the use of the Premises by PERMITTEE. Payment of rent shall be made in advance, without demand, on the first (1st) day of each month PERMITTEE occupies the Premises. Rent shall be made payable to the order of the “City of Carlsbad” and delivered to the address listed in Section 5.04, below. Proration of rent shall be made on a 30-day month basis. 3.02 Utilities. PERMITTEE, at its sole cost, agrees to order, obtain, remove and pay for all utilities and any related service and installation charges in connection with the use, occupation and operation of the Premises. SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnity. PERMITTEE shall indemnify, defend, and hold harmless the CITY and its officials (both appointed and elected), officers, agents and employees against all claims for damages to persons or property arising out of the use or occupation of the Premises and the conduct of the PERMITTEE or its employees or agents, , except only for those claims arising from the sole and active negligence or sole willful misconduct of the CITY, its officials (both appointed and elected) officers, agents, or employees. PERMITTEE'S indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the CITY, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, PERMITTEE at its own expense shall, upon written request by the CITY, defend any such suit or action brought against the CITY, its officers, agents, or employees. 4.02 Insurance. PERMITTEE shall take out and maintain at all times during the term Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD 25 March 12 CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 3 of this Agreement the following insurance at its sole expense: a. PERMITTEE shall maintain the following minimum limits: Commercial General Liability, including coverage for bodily injury and property damage. Combined Single Limit Per Occurrence $2,000,000 General Aggregate $4,000,000 Automobile Liability, including coverage for owned, non-owned and for-hire vehicles. Combined Single Limit Per Occurrence $1,000,000 General Aggregate $2,000,000 b. All insurance companies affording coverage to the PERMITTEE shall be required to add the City of Carlsbad as "additional insured" under the insurance policy(s) required in accordance with this Agreement. Insurance coverage provided to the City as additional insured shall be primary insurance and other insurance maintained by the City, its officers, employees, agents, and representatives shall be excess only and not contributing with insurance provided pursuant to this Section 4.02. c. All insurance companies affording coverage to the PERMITTEE shall be insurance organizations acceptable to the CITY, and authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. d. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Carlsbad should the policy be cancelled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. e. PERMITTEE shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the CITY, concurrently with the submittal of this Agreement. f. PERMITTEE shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the PERMITTEE to provide such a substitution and extend the policy expiration date shall be considered a default by PERMITTEE and subject to immediate termination of this Agreement. g. Maintenance of insurance by the PERMITTEE as specified in this Agreement shall Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 4 in no way be interpreted as relieving the PERMITTEE of any responsibility whatever and the PERMITTEE may carry, at its own expense, such additional insurance as it deems necessary. h. If PERMITTEE fails or refuses to take out and maintain the required insurance, or fails to provide the proof of coverage, CITY has the right to obtain the insurance. PERMITTEE shall reimburse CITY for the premiums paid with interest at the maximum allowable legal rate then in effect in California. CITY shall give notice of the payment of premiums within thirty (30) days of payment stating the amount paid, names of the insurer(s) and rate of interest. Said reimbursement and interest shall be paid by PERMITTEE on the first (1st) day of the month following the notice of payment by CITY. Notwithstanding the preceding provisions of this Subsection, any failure or refusal by PERMITTEE to take out or maintain insurance as required in this Agreement, or failure to provide the proof of insurance, shall be deemed a default and immediate termination of this Agreement. i. CITY, at its discretion, may require the revision of amounts and coverage at any time during the term of this Agreement by giving PERMITTEE thirty (30) days prior written notice. CITY'S requirements shall be designed to assure protection from and against the kind and extent of risk existing on the Premises. PERMITTEE also agrees to obtain any additional insurance required by CITY in order to meet the requirements of this Agreement. 4.03 Accident Reports. PERMITTEE shall, within seventy-two (72) hours after occurrence, report to CITY any accident causing property damage or any serious injury to persons on the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. SECTION 5: GENERAL PROVISIONS 5.01 Maintenance. With respects to PERMITTEE'S use, occupation and operations at or on the Premises, PERMITTEE shall make all repairs and replacements necessary to maintain and preserve the Premises in a decent, safe, healthy, and sanitary condition satisfactory to CITY and in compliance with all applicable laws. Upon the expiration or earlier termination of this Agreement and PERMITTEE’s surrender of the Premises, PERMITTEE, at its sole cost and expense, shall restore the Premises to its condition prior to occupancy by PERMITTEE, normal wear and tear excepted. In the event that the Premises are not in a decent, safe, healthy, and sanitary condition, CITY shall have the right, upon written notice to PERMITTEE, to have any necessary work performed at the expense of PERMITTEE, and PERMITTEE shall promptly pay any and all costs incurred by CITY in having such necessary maintenance work performed, in order to keep said Premises in a decent, safe, healthy, and sanitary condition. PERMITTEE shall make payment no Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 5 later than ten (10) days after written notice from the CITY. Further, if at any time CITY determines that said Premises are not in a decent, safe, healthy, and sanitary condition, CITY may at its sole option, upon written notice, require PERMITTEE to file with CITY a faithful performance bond to assure prompt correction of any condition which is not decent, safe, healthy, and sanitary. Said bond shall be in an amount adequate in the opinion of CITY to correct the said unsatisfactory condition. PERMITTEE shall pay the cost of said bond. The rights reserved in this section shall not create any obligations on CITY or increase obligations elsewhere in this Agreement imposed on CITY. 5.02 Signs. PERMITTEE shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising without the prior written consent of CITY. If any such unauthorized item is found on the Premises, PERMITTEE shall remove the item at its expense within twenty-four (24) hours of written notice thereof by CITY, or CITY may thereupon remove the item at PERMITTEE'S cost. 5.03 Taxes. PERMITTEE shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon PERMITTEE or the Premises, including, any structures, machines, equipment, or other improvements or property of any nature whatsoever erected, installed, or maintained by PERMITTEE or levied by reason of the business or other PERMITTEE activities related to the Premises, including any licenses or permits. PERMITTEE recognizes and agrees that this Agreement may create a possessory interest subject to property taxation, and that PERMITTEE may be subject to the payment of taxes levied on such interest, and that PERMITTEE shall pay all such possessory interest taxes. 5.04 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To CITY: City of Carlsbad City Manager’s Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 Real Estate Manager: 442-339-2836 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 6 To PERMITTEE: GEMS Environmental Management Services, Inc. 1120 Willow Pass Court Concordia, CA 94520 rcamacho@gemsenvironmental.com Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. 5.05 Entire Agreement. This Agreement comprises the entire integrated under- standing between CITY and PERMITTEE concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. This Agreement may be executed in counterparts. 5.06 Jurisdiction and Venue. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any action is law or equity to enforce this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. The Agreement does not limit any other rights or remedies available to CITY. 5.07 Severability. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions, which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. 5.08 Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.09 Agreement Modification. This Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by the parties hereto. 5.10 Assignment and Subletting-No Encumbrance. This Agreement and any portion Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 7 thereof shall not be assigned, transferred, or sublet, nor shall any of the PERMITTEE’S duties be delegated, without the express written consent of CITY. Any attempt to assign or delegate this Agreement without the express written consent of CITY shall be void and of no force or effect. Consent by CITY to one assignment, transfer, sublease, or delegation shall not be deemed to be consent to any subsequent assignment, transfer, sublease, or delegation. 5.11 Regulations. All use of the Premises under this Agreement shall be in accordance with the laws of the United States of America, the State of California and in accordance with all applicable rules, regulations and ordinances of the City of Carlsbad now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by State or Federal law. SECTION 6: SPECIAL PROVISIONS 6.01 Hazardous Substances. No goods, merchandise or material shall be kept, stored or sold in or on the Premises which are in any way explosive or hazardous, except that ordinary business materials that may be classified as hazardous may be kept in or on the Premises if such materials are stored and disposed of in accordance with all applicable laws; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said Premises, which will cause an increase in the rate of or cause a suspension or cancellation of the insurance upon the demised Premises or other premises and the improvements thereon; provided, however, that if anything done by PERMITTEE causes an increase in the rate of insurance on the Premises, PERMITTEE may, at its option, pay such increase and PERMITTEE shall not thereafter be considered in default under this Agreement. No machinery or apparatus shall be used or operated on or about the Premises which will in any way injure the Premises or improvements thereon, or adjacent or other premises, or improvements thereon, or to persons; provided, however, that nothing contained in this section shall preclude PERMITTEE from bringing, keeping or using on or about the Premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its said business, or from carrying on its business in all usual respects. Open flame welding or burning, gasoline, or other fuel storage is expressly prohibited without prior written consent of the CITY. SECTION 7: PROPERTY CONDITION 7.01 Property Condition Release of Liability/Assumption of the Risk. Permittee accepts the Premises on an “as is, where-is” basis (with all faults and in its existing condition) in the broadest sense of the term. Furthermore, Permittee assumes all risks associated with using the Premises and releases and forever discharges the City and each of its elected officials (appointed and elected), officers, employees, contractors, agents and volunteers from any and all claims, demands, liabilities, or causes of action related to the known or unknown conditions Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 8 of the Premises or this Agreement. Permittee hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542 (“Section 1542”), which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.” BY SIGNING BELOW, PERMITTEE HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE RELEASED MATTERS. ___________________________________ Signature of Permittee Representative ___________________________________ Printed Name of Permittee Representative SECTION 8: REMEDIES 8.01 Agreement Default. In the event of default by Permittee, City shall have (in addition to any other remedies which may be contained herein) all remedies available to it at law or in equity, including, without limitation, the right to specific performance and damages. City will provide Permittee with written notice of any default and provide Permittee with five (5) days to cure any such default before exercising City’s remedies. If a default cannot reasonably be cured in the five (5) day period, Permittee must make a good faith effort to commence curing the breach during the 5 (5) day period and complete curing the breach within thirty (30) days following written notice. City may enforce the provisions of this Agreement, and in the event of any legal proceedings or litigation resulting therefrom, then Permittee shall be entitled to recover all costs and reasonable attorneys’ fees incurred in the action or proceeding (including those incurred at trial and appellate levels), in addition to any other relief to which it or they may be entitled. In the event of a default by City hereto in its respective obligations in this Agreement, the Permittee’s sole and exclusive remedy is to seek specific performance. [Signatures on following page] Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD Richard Camacho CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 9 IN WITNESS WHEREOF the parties hereto do hereby agree to the full performance of the covenants herein contained and have caused this Property Use Agreement to be executed, by the authorized representatives of the parties having the ability to bind the parties to the terms and conditions contained herein, as of the day and year written above. “CITY” “PERMITTEE” THE CITY OF CARLSBAD GEMS Environmental Management Services, Inc. By: By: _____________________________ Name: Name: __________________________ Title: City Manager Title: Chief Executive Officer_________ Date: Date: ___________________________ (Effective Date) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant/Deputy City Attorney Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD Richard Camacho 3/6/20253/12/2025 Geoff Patnoe CS-PUA-25001 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 10 Exhibit “A” Depiction of Premises Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/15/2024 Edgewood Partners Insurance CenterP.O Box 2110RanchoCordova CA 95670 Brianna Orchekowski brianna.orchekowski@epicbrokers.com Clear Blue Insurance Company 28860 GEMSENVI Westchester Surplus Lines Insurance Co 10172GEMSEnvironmentalManagementServices,Inc.1120 Willow Pass CourtConcordCA94520 1523714212 B X 1,000,000 X 300,000 X Ded:$5,000/Occ 10,000 1,000,000 2,000,000 X G71763365006 11/21/2024 11/21/2025 2,000,000 A 1,000,000 X BW03STR240034901 11/21/2024 11/21/2025 B X 5,000,000 X G71763377006 11/21/2024 11/21/2025 5,000,000 X Nil PollutionExcess Included B ProfessionalLiabilityPollutionLiabilityClaims-Made G71763365006 11/21/2024 11/21/2025 Each ClaimEachPollution Cond.Deductible: $1,000,000$1,000,000$5,000 Where Required by Written Contract,a Per Project Aggregate applies to General Liability per the attached endorsement. Re:All Contracts/Written Agreements between the Certificate Holder and the Insured.City of Carlsbad/CMWD is an additional insured as follows:Whenrequiredbywrittencontract,additional insured status with primary coverage and waiver of subrogation apply to General Liability and Automobile Liability,all pertheattachedendorsements.Notice of cancellation to the certificate holder applies per the attached endorsement. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 947MurrietaCA92564 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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) Location(s) Of Covered Operations Or Organization(s) As required by written contract or agreement N/A signed by both parties prior to a loss to which this insurance applies. 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 toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury","property damage" or "personal and advertisinginjury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on yourbehalf; 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 additionalinsured only applies to the extent permittedby law; and 2.If coverage provided to the additional insuredis required by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured. B.With respect to the insurance afforded to theseadditional insureds, the following additionalexclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1.All work, including materials, parts orequipment furnished in connection with suchwork, on the project (other than service,maintenance or repairs) to be performed by oron behalf of the additional insured(s) at thelocation of the covered operations has beencompleted; or 2.That portion of "your work" out of which theinjury or damage arises has been put to itsintended use by any person or organizationother than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 G71763365006 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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) Location And Description Of Completed Or OrQanization(s) Operations As required by written contract or agreement N/A signed by both parties prior to a loss to which this insurance applies. 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 toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury" or"property damage" caused, in whole or in part, by"your work" at the location designated anddescribed in the Schedule of this endorsementperformed for that additional insured andincluded in the "products-completed operationshazard". However: 1.The insurance afforded to such additionalinsured only applies to the extent permittedby law; and 2.If coverage provided to the additional insuredis required by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured. B.With respect to the insurance afforded to theseadditional insureds, the following is added toSection Ill -Limits Of Insurance: If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits ofInsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 G71763365006 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD G71763365006 11/21/2024 - 11/21/2025 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD G71763365006 11/21/2024 -11/21/2025 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD G71763365006 11/21/2024 - 11/21/2025 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD POLICY NUMBER: BW03STR240034901 11/21/2024 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD POLICY NUMBER: BW03STR240034901 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD POLICY NUMBER: BW03STR240034901 11/21/2024 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD G71763365006 11/21/2024 to 11/21/2025 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD G71763365006 11/21/2024 to 11/21/2025 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD G71763365006 11/21/2024 to 11/21/2025 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD G71763365006 11/21/2024 to 11/21/2025 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD Named Insured Gems Environmental Management Services Inc Policy Symbol I Policy Number I Policy Period CPW G71763365 006 11/21/2024 to 11/21/2025 Endorsement Number Effective Date of Endorsement Issued By (Name of Insurance Company) Insert the policy number. The remainder 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. NOTICE OF CANCELLATION TO SPECIFIC PARTIES ENDORSEMENT SCHEDULE City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 If we decide to cancel this policy on or before the expiration date shown on the Declarations Page, we will mail to the person(s) or organization(s) shown in the Schedule above, written notice of cancellation not less than 30 days prior to cancellation or 10 days for non-payment of premium. ENV-3126 (08-04) Page 1 of 1 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD POLICY NUMBER: BW03STR240034901 COMMERCIAL AUTO CA 04 22 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 22 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 1 EARLIER NOTICE OF CANCELLATION PROVIDED BY US 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 this endorsement. Named Insured: GEMS Environmental Management Services, Inc Endorsement Effective Date: 11/21/2024 SCHEDULE Number Of Days' Notice: 30 days Information required to complete this Schedule, if not shown above, will be shown in the Declarations. For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED AUTOS ONLY NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acct#:2524922 8/22/2024 USI Insurance Services, LLC 844-290-49082502 N Rocky Point Drive Tampa, FL 33607 BBSIcerts@locktonaffinity.com Ace American Insurance Company 22667 GEMS ENVIRONMENTAL MANAGEMENT SERVICES, INC.1120 WILLOW PASS CT,CONCORD, CA 94520 A X C55619517 6/1/2024 6/1/2025 X 2,000,000 2,000,000 2,000,000 Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract 30-Day Notice of Cancellation City Of Carlsbad/CMWD C/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murieta, CA 92564 Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Policy Number Symbol: WLR Number: Policy Period TO Effective Date of Endorsement Issued By (Name of the Insurance Company) Insert the policy number. The remainder 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 to which it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1.( ) Specific Waiver Name of person or organization: ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3. Premium: The premium charge for this endorsement shall be percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Minimum Premium: _______________________________________ Authorized Agent WC 90 03 75 (05/18) ALL CALIFORNIA OPERATIONS 1.0 $0 GEMS ENVIRONMENTAL MANAGEMENT SERVICES, INC. 1120 WILLOW PASS CT, CONCORD, CA 94520 C55619517 6/1/2024 6/1/2025 8/22/2024 Ace American Insurance Company X Docusign Envelope ID: EEF31C1B-AEF2-4411-80C8-93B4372388DD