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HomeMy WebLinkAboutDudek; 2025-08-25; MSA26-3905UTILMSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 1 MAINTENANCE SERVICES AGREEMENT FOR WEED ABATEMENT & VEGETATION REMOVAL ON THE MAERKLE DAM OUTLET SLOPE WITH DUDEK THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2025 (“Agreement”), by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California ("CMWD") and Dudek, a California corporation ("Contractor"). RECITALS A. CMWD requires the services of a contractor that is experienced in weed abatement & vegetation removal services. B. Contractor is duly qualified and has the necessary experience to provide the Services. C. CMWD issued a Request for Proposal, and in response, the Contractor submitted a proposal to CMWD and affirmed its willingness and ability to perform the work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those Services (“Services”) described and delineated in Exhibit “A”. To the extent that any of the terms in the Exhibits(s), including any attachments, conflict with the terms in this Agreement, in whole or in part, the terms of this Agreement control. 2. TERM The term of this Agreement will be effective for a period of three (3) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed six thousand five-hundred dollars ($6,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed six thousand five-hundred dollars ($6,500) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E 25th August MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 2 4. PUBLIC WORKS 4.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, 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 Agreement 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City of Carlsbad City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 4.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement 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 Agreement, Contractor must furnish CMWD with the subcontractor or subconsultant's current DIR registration number, including submitting the form provided in Exhibit “B”. 5. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize CMWD’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. 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. 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. Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 3 It is recommended that 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, requests for information, submittals, schedules, change orders, project documents, as well as any deficient 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 Contractor of any other requirements as may be specified in this Agreement. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 4 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by CMWD), indemnify, and hold harmless CMWD and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’s self- administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 5 10.1.1 Commercial General Liability (CGL) Insurance. 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. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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 CWMD's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, CMWD requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to CMWD. 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 6 maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement are: For CMWD: For Contractor: Name Ray Martinez Name Eliud Lopez Title Utilities Supervisor Title Project Manager Dept PW Utilities Address Dudek, 605 Third Street Carlsbad municipal water district Encinitas, ca 92024 Address 5950 El Camino Real Phone 760-415-4997 Carlsbad, CA 92008 Email elopez@dudek.com Phone 760-802-8097 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 14. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. Yes ☐ No ☒ 15. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 7 of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 16. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS 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. 17. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 18. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 19. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD’s address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 8 worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 20. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 21. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to CMWD must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 22. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of choice of law principles. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 9 23. NO ATTORNEYS FEES AND COSTS Except as otherwise specifically provided in this Agreement, if there is any litigation, mediation, arbitration or other dispute resolution proceedings arising out of this Agreement, each Party shall for its own attorney and other professional fees, costs and expenses. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than CMWD and Contractor. 26. AUTHORITY The individuals executing this Agreement 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 Agreement. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 10 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad Dudek, a California corporation By: By: (sign here) AMANDA L. FLESSE, General Manager, as authorized by the Executive Manager Joseph Monaco, President ATTEST: By: SHERRY FREISINGER, Secretary (sign here) By: Amy Paul, Secretary Assistant Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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, General Counsel By: __________________________________ Assistant General Counsel Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E fvtbvtJ»v f v~ MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 11 EXHIBIT A SCOPE OF SERVICES AND FEE Contractor will provide an 8-person crew for one day with a chipper, a dump trailer and all necessary equipment to perform the following: • Mow/string trim all annual vegetation to within 4” of the soil surface within the yellow bounded area (see attached image) • Remove and trim down the vegetation in the outlet dam Exclusions: Does not include hazardous materials removal or the removal of native vegetation. Description Quantity UOM Unit Price Extended Price Weed Abatement (1-day) 1 LS $6,500.00 $6,500.00 TOTAL AMOUNT NOT TO EXCEED $6,500.00* *Includes taxes, fees, expenses and all other costs. Contractor is required to contact CMWD, 442-339-2722, for access to Maerkle Reservoir as it is a gated facility. Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E 2 EXHIBIT A Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E DUDEK.COM MSA26-3905UTIL General Counsel Approved Version 6/30/2025 Page 12 EXHIBIT “B” DIR CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Weed Abatement & Vegetation Removal on the Maerkle Dam Slope NAME OF CONTRACTOR: Dudek Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractors and any Subcontractors for this Project must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information. Contractor certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations. Name of Contractor: Dudek DIR Registration Number: 1000007200 DIR Registration Expiration: 2028-06-30 Contractor further certifies: 1. Contractor shall maintain a current DIR registration for the duration of the Project. 2. Contractor will include the requirements of Labor Code Sections 1725.5 and 1771.1 in any contractor with subcontractors and ensure that all subcontractors are registered at the time of contract award and will maintain registration status for the duration of the Project. Signature: Date: Name: Joseph Monaco Title: President Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E 8/5/2025 Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E ACORD® CERTIFICATE OF LIABILITY INSURANCE 8/28/2025 I DATE (MM/DD/YYYY) ~ 8/26/2024 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 Lockton Companies, LLC CONTACT NAME: 444 W. 4 7th Street, Suite 900 PHONE I FAX fA/C No Extl: {A/C Nol: Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS: kcasu@lockton.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED DUDEK INSURER B : American Guarantee and Liab. Ins. Co. 26247 1475335 605 THIRD STREET INSURER c : Continental Casualtv Comnanv 20443 ENCINITAS CA 92024 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 16768908 REVISION NUMBER: xxxxxxx 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 IN!':D WVD POLICY NUMBER fMM/DDNYYYl fMM/DDNYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y GLO0146311 8/28/2024 8/28/2025 EACH OCCURRENCE $ 1.000.000 f--□ CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrencel $ 100 000 f--MED EXP (Any one person) $ 10.000 PERSONAL & ADV INJURY f--$ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 Fl POLICY [x] jr& [i] LOC PRODUCTS -COMP/OP AGG $ 2.000.000 OTHER: $ A AUTOMOBILE LIABILITY y y BAP0146329 8/28/2024 8/28/2025 COMBINED SINGLE LIMIT $ 1.000.000 /Ea accidentl f-- X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx f--OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xxxxxxx f--HIRED -NON-OWNED iP~~~~c7~gAMAGE $ xxxxxxx f--AUTOS ONLY -AUTOS ONLY $ xxxxxxx B X. UMBRELLA LIAB ~ OCCUR N y AUC0146407 8/28/2024 8/28/2025 EACH OCCURRENCE $ 3.000.000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3 000 000 OED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION y I PER I I OTH-A WC0146330 8/28/2024 8/28/2025 X STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1000000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS below C PROFESSIONAL N N EEH5919328351NCL POLL 8/28/2024 8/28/2025 PER CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 INCLUDES POLLUTION DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT: ALL PROFESSIONAL SERVICES AS CONTRACTED. THE CITY OF CARLSBAD, WATER DISTRICT, ITS OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE, ON A PRIMARY, NON-CONTRIBUTORY BASIS, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO, AND UMBRELLA LIABILITY COVERAGE, IF REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER 16768908 CITY OF CARLSBAD I CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 CANCELLATION See Attachments 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 REPRESENTATIV © 1988 All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E Attachment Code: D574649 Certificate ID: 16768908 Additional Insured -Owners, Lessees Or Contractors -Scheduled Person Or Organization ~ ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO0146311 Effective Date: 8/28/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT. ALL LOCATIONS Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-2169-A CW (02/19) Page 1 of 2 Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E Attachment Code: D574649 Certificate ID: 16768908 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 of this endorsement, 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 in such Schedule. 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 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. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-2169-A CW (02/19) Page2 of2 Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E Attachment Code: D574648 Certificate ID: 16768908 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'!Prem. Return Prem. GL00146311 8/28/2024 8/28/2025 8/28/2025 37385000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E Attachment Code: D574651 Certificate ID: 16768908 Coverage Extension Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP0146329 8/28/2024 8/28/2025 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E Attachment Code: D574651 Certificate ID: 16768908 POLICY NUMBER: BAP 0146329-08 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: SCHEDULE Name Of Person{s) Or Organization{s): ANY PERSON OR ORGANIZATION TO WHO OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the schedule is an Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E Attachment Code: D574651 Certificate ID: 16768908 "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11-Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I-Covered Autos Coverages of the Auto Dealers Coverage Form. Docusign Envelope ID: F8E1F056-5E8A-4B52-B0A8-D91279CB1A1E Attachment Code: D574650 Certificate ID: 16768908 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC0146330 Dudek 8/28/20248/28/2025 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC000313 (Ed. 4-84) 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. WC 00 0313 {Ed. 4-84) © 1983 National Council on Compensation Insurance.