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HomeMy WebLinkAboutACS Habitat Management Inc; 2019-10-09; PSA20-895ENVPSA20-895ENV AGREEMENT FOR WARD'S WEED ERADICATION SERVICES ACS HABITAT MANAGEMENT, INC. ylilS AGREEMENT is made and entered into as of the 9 -tL day of C:L ~ , 2019, by and between the City of Carlsbad, a municipal corporation, ("City"), and ACS Habitat Management, Inc., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a habitat management company that is experienced in Ward's weed eradication. B. Contractor has the necessary experience in providing professional services and advice related to Ward's weed eradication services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred thousand dollars ($200,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 Oct. 8, 2019 Item #1 Page 19 of 50 PSA20-895ENV 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City 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 City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 City. 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 City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation 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 City Attorney Approved Version 6/12/18 2 Oct. 8, 2019 Item #1 Page 20 of 50 PSA20-895ENV 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City 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. City, 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 the City as an additional insured. 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 City). $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 City'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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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 City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 Oct. 8, 2019 Item #1 Page 21 of 50 PSA20-895ENV 10.5 Submission of Insurance Policies. City 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 City 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 three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Rosanne Humphrey Title Senior Program Manager PW -Environmental Department _M__...g_m_t. _______ _ City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-4689 For Contractor Name Graydon Dill Title Project Manager Address 4011 Avenida de la Plata Ste 310 Oceanside, CA 92056 Phone No. 760-681-9193 Email graydond@acshabitat.com 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. Ill Ill City Attorney Approved Version 6/12/18 4 Oct. 8, 2019 Item #1 Page 22 of 50 PSA20-895ENV 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No [R] 17. 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 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 City 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 City Manager. The City 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 City 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 Oct. 8, 2019 Item #1 Page 23 of 50 PSA20-895ENV under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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, City 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. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City 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 City, 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 City 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 City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City 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 City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 Oct. 8, 2019 Item #1 Page 24 of 50 PSA20-895ENV 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. CONTRACTOR ACS Habitat Management, Inc., a California corporation By: (sign here) f/rl1 D,,io,,-,lf'rr5 /2 £o (print namefotle) 7 By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: If required by City, 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 Chairman, President, or Vice-President Group 8 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 Oct. 8, 2019 Item #1 Page 25 of 50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attacl1ed, ancl not the trut11fulness, accuracy, or validity of that document. State of CaliforniiJ } County of _s~~~t,:> __ ~:0~'~£'..~c:c-~o ______ _ On Oc..t-2, 20,~ Date before me, :=t"Pe,1.0 '\JEtJ£<::, ~ "> Here Insert Name and Title of the Officer personally appeared ______ 6_0._E:'_<c:--___ O_,._,,~~0=,e..~i ________________ _ Name(s) of Signer(s) who proved to me on the biJsis of satisfactory evidence to be the person(:,{whose namerzl"@are subscribed to the within instrument and acknowledged to me that@she/they execu'ted the same il~/her/their authorized capacity(~ and that by~er/their signature(s~ the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public -California ~ i -r,; San Diego County ~ z · ,. Commission# 2160283 =: t ~•:o•~'·" .Mz soTrz· zxeir:sJ~ :J,}~2~ Place Notary Seal anci/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign~ ;;i::L/ - Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ~:('O\(.n,t--::Ji;,...-(.J,q.yz.n•~ W~E'O £.,.~o,f., c.~l-b"' Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: --------------·----------- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): _______ _ □ Corporate Officer -Title(s): _______ _ □ Partne1· -□ Limited □ General □ Partner --□ Limited o General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other □ Other Signer is Representing: _________ _ Signer is Representing: _________ _ 2017 NationiJI Notary Associc1tion Ml304-09 (09/17) Oct. 8, 2019 Item #1 Page 26 of 50 Exhibit "A" Scope of Work Ward's Weed Eradication Services ACS Habitat Management, Inc. PSA20-895ENV Anticipated Start Date: November 1, 2019 Anticipated End Date: October 31, 2024 (drought conditions may necessitate postponement of treatment to the following year or two). Treatment Area: Initial treatment will be focused north of Poinsettia Lane in the Bressi Ranch Preserve and Spectrum Preserve areas, which totals approximately 144 acres (see attached map, Exhibit "C"). Note that this may include large areas of heavy shrub cover that has not been invaded by Ward's weed or is not accessible to field crews; therefore, actual acreage treated will depend on site conditions to be determined. Subsequent re-treatments may be conducted within the highest priority area across the entire invaded are, which spans approximately 200 acres. The current mapped infestation area is between El Camino Real and the eastern border of the city, and between Palomar Airport Road and Alga Road. The City of Carlsbad's [city] prioritization of treatment areas will be conducted in coordination with the Carlsbad Ward's Weed Eradication Team (city, County Department of Agriculture, Weights and Measures [AWM], the Nature Collective, and Center for Natural Lands Management [CNLM]). ACS Habitat Management (ACS) will provide services under this Agreement pursuant to the city's direction. Cost: The city will be charged by crew day on a time and materials basis, not to exceed $200,000 per the original term of the Agreement. One crew daily rate would be approximately $4,895, which includes equipment/vehicle(s) driver/supervisor, four technicians, and sufficient amount of herbicide for the daily planned treatment area (see Rate Sheet, see Exhibit "B''). It is estimated that each ACS crew could cover an average of approximately 2.2 acres per day. Actual costs and number of acres treated per day may vary depending on site conditions and number of crew, type of equipment, and amount of herbicide needed for a given day. ACS will provide one to three crews per day. Description of Activities A. Within one week from issuance of the Notice to Proceed, ACS will meet with city staff and the Carlsbad Ward's Weed Eradication Team to discuss current conditions and develop a coordinated plan to treat the Ward's weed in Carlsbad during the upcoming growing season. Thereafter, ACS will communicate at least weekly with the city to discuss current site conditions, potential issues and constraints, and the treatment plan (schedule, location, priorities, etc.) for the upcoming week. ACS will perform daily Ward's weed treatment until the initial treatment area (Bressi Ranch and Spectrum Preserves north of Poinsettia Lane) has been completely treated, unless otherwise directed by the city. Weekly communication will continue throughout the growing season or until the funds in the contract have been spent. If there are any remaining funds at the end of the first year, ACS will follow the same meeting/communication schedule discussed above during the second and third year. B. To expedite treatment of the extensive Ward's weed area, ACS crews may work more than 8 hours/day, and/or on weekends or holidays. C. The current treatment protocol consists of treating infested areas with Gallery™, a pre- emergent that has been used in native habitat landscapes for Ward's weed control with good success. Follow up treatment in areas that were missed by the initial treatment effort may be necessary. One crew would generally consist of a crew truck (with trailer for City Attorney Approved Version 6/12/18 8 Oct. 8, 2019 Item #1 Page 27 of 50 PSA20-895ENV tractor), a tractor with a power sprayer and/or a boom and operator, a water truck and driver/supervisor, four technicians, and sufficient amount of Gallery TM for the daily planned treatment area. However, the actual number of technicians and equipment may vary depending on site conditions. All herbicide and necessary equipment will be provided by ACS. D. ACS will perform the Ward's weed treatment activities on private property, subject to right of entry permits between the city and landowner, which will be obtained by the city. ACS will adhere to all provisions contained within the right of entry permits. E. ACS will follow all necessary best management practices related to health and safety, and stormwater protection during all pesticide application activities pursuant to the following State of California licenses or certificates held by ACS: Pest Control Advisor, Qualified Applicator License, and Qualified Applicator Certificate. F. Ward's weed eradication will be implemented using an adaptive management strategy upon direction from the city and in coordination with the Ward's Weed Eradication Team; therefore, prioritization of treatment areas, herbicide use, and schedule may be subject to change based on best available knowledge, weather, and site conditions. G. With every invoice submitted, ACS will include a summary of activities performed, including labor hours/labor rate, areas treated (shown on a map), amount of herbicide used, and issues encountered. Invoices will be submitted monthly or as directed by the city. City Attorney Approved Version 6/12/18 9 Oct. 8, 2019 Item #1 Page 28 of 50 PSA20-895ENV Exhibit "B" Invasive species control activities to eradicate Ward's weed in Carlsbad will be charged by crew day. Rates for a standard crew day, including labor, materials and equipment are included in the table below. Note that actual costs may vary depending on site conditions on any given day (i.e., the number of crew members, type of equipment, and amount of herbicide) and additional crews may be mobilized as needed and in coordination with the city. Rate $80.00 $50.00 $75.00 $300.00 $500.00 $600.00 Item Tractor Tech Water Crew Water Tractor Herbicide Operator/ Truck Truck Truck Supervisor Operator Quantity 1 4 1 1 1 1 Hours/Day 9 36 9 n/a n/a n/a n/a AmounUDay $720.00 $1,800.00 $675.00 $300.00 $500.00 $600.00 $300.00 Total: $4,895.00 City Attorney Approved Version 6/12/18 10 Oct. 8, 2019 Item #1 Page 29 of 50 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/19/2019 THIS CERTIFICATE 15 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 15 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 Risk Strate~es Company CONTACT Sherry Younq NAME: 2040 Main treet, Suite 450 PHONE 949.242.9240 I rffc Nol: 949.251.0347 Irvine, CA 92614 IJJ.lr. II.In~~•\, E-MAIL svounq@risk-strateqies.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No. OF06675 INSURER A: Starr Surplus Lines Insurance Company 13604 INSURED INSURER B: Starr Indemnity & Liability Company 38318 ACS Habitat Management, Inc. INSURERC: At Chemical & SuppJYi, Inc. 4 11 Avenida Del La lata, Ste 301 INSURERD: Oceanside CA 92056 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 51237516 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n wvn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A ,L COMMERCIAL GENERAL LIABILITY ✓ 1000066940191 4/30/2019 4/30/2020 EACH OCCURRENCE $$1 000 000 ~ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $$100 000 ~ MED EXP (Any one person) $$5 000 ~ PERSONAL & ADV INJURY $$1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 R [ZjPRO-□LOC PRODUCTS -COMP/OP AGG $$2 000 000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY 1000626057191 4/30/2019 4/30/2020 COMBINED SINGLE LIMIT $$1 000 000 /Ea accident\ f-- J_ ANY AUTO BODILY INJURY (Per person) $ OWNED -SCHEDULED BODILY INJURY (Per accident) $ f--AUTOS ONLY -AUTOS J_ HIRED _/_ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ ✓ Como/Coll Uninsured Motorist CSL $$1 000 000 A UMBRELLA LIAB HOCCUR 1000337299191 4/30/2019 4/30/2020 EACH OCCURRENCE $$1 000 000 f--✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $$1 000 000 OED I I RETENTION$ $ B WORKERS COMPENSATION ✓ 1000003667 5/3/2019 5/3/2020 I PER I I OTH- AND EMPLOYERS' LIABILITY / STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $$1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $$1 nnn nnn If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $$1 000 000 A Contractors Pollution Liability & 1000066940191 4/30/2019 4/30/2020 Per Claim: $1,000,000 Professional Liability Per Claim: $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Ward's Weed Eradication Services, Agreement No. PSA20-895ENV. The City of Carlsbad is named as additional insured on the general liability policy and a waiver of subrogation applies to the work comp policy-see attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE /.,,~, /'-:;--._ ) /2,,:,:' /,/ V ~;>/ .. -<) LA'.-<-· ~:,t::. ... , I Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 51237516 I 19-20 GL-AL-UL-WC-CPL-PL Sherry Young \ 9/19/2019 3:29:02 PM (PDT) I Page 1 of 3 • Starr Surplus Lines Insurance Company Chicago, IL 1-646-227-6300 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number: 1000066940191 Effective Date: 4/30/2019 Named Insured: ACS Habitat Management, Inc. Agri Chemical & Supply, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE All as required by written, signed or executed contract. A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. 8. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR SURPLUS LINES INSURANCE COMPANY /%/4.~ €. PJ. Charles H. Dangelo,°President ounsel SL -023 (06/11) Page 1 of 1 Copyright© C. V. Starr & Company and Starr Surplus Lines Insurance Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. 51237516 I 19-20 GL-AL-UL-WC-CPL-PL ! Sherry Young I 9/19/2019 3:29:02 PM (PDT:, I Page 2 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2. 0% otherwise due on such remuneration. of the California workers' compensation premium Schedule Person or Organization Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Job Description Where required by contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 05/03/2019 Insured: ACS Habitat Management, Inc. Agri Chemical & Supply, Inc. Insurance Company: Starr Indemnity & Liability Company WC 04 03 06 (Ed. 04-84) Policy No.:1000003667 Premium: Endorsement No.: Countersigned by: ________________ _ Page 1 of 1 51237516 / 19-20 GL-AL-UL WC-CPL-PL I Sherry Young I 9/19/2019 3:29:02 PM (PDT) ! 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