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Home My WebLink AboutSteven Smith Landscape Inc; 2017-11-07; UTIL1638UTIL1638 General Counsel Approved Version 9/27/16 1 AMENDMENT NO. 4 TO AGREEMENT TO CHANGE SCOPE OF WORK AND FEE SCHEDULE FOR LANDSCAPE SERVICES FOR CARLSBAD MUNICIPAL WATER DISTRICT PROPERTIES AND FACILITIES STEVEN SMITH LANDSCAPE, INC. This Amendment No. 4 is entered into and effective as of the _______ day of ______________________________, 2019, amending the agreement dated November 7, 2017, (the “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, ("CMWD"), and Steven Smith Landscape, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) to change scope of work and fee schedule for landscape maintenance services. RECITALS A. On June 20, 2018, the Parties executed Amendment No. 1 to the Agreement to change the scope of work and fee schedule to add additional landscape services; and B. On October 19, 2018, the Parties executed Amendment No. 2 to the Agreement to change the scope of work and fee schedule to increase the amount of extra work; and C. On November 6, 2019, the Parties executed Amendment No. 3 to the Agreement to extend and fund the agreement for a period of one (1) year; and D. The Parties desire to alter the Agreement’s scope of work to change the scope of work and fee schedule. D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. The total annual Agreement amount remains at not-to-exceed $35,000. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-five thousand dollars ($35,000). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000). Contractor will provide CMWD copies of invoices each month with each site serviced, the site’s established frequency (quarterly/monthly/annually/3 x’s per year) and the costs associated with that frequency as indicated in Exhibit A for approval by CMWD. 3. Contractor will complete all work described in Exhibit “A” by November 6, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. DocuSign Envelope ID: F81900AC-6C33-4F2B-94EA-5BA9A3B1CD17 December 13th UTIL1638 General Counsel Approved Version 9/27/16 2 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment 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 Amendment. 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 STEVEN SMITH LANDSCAPE, INC., a California corporation By: By: (sign here) Vicki V. Quiram, General Manager Steven Smith, President (print name/title) By: (sign here) Dorothy S. Smith, Secretary (print name/title) 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: CELIA A. BREWER, General Counsel By: _____________________________ Deputy General Counsel DocuSign Envelope ID: F81900AC-6C33-4F2B-94EA-5BA9A3B1CD17 UTIL1638 General Counsel Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE SCHEDULE WATER FACILITIES / PROPERTIES LANDSCAPE SERVICES Contractor to provide monthly invoices which list each site serviced, the site’s established frequency (quarterly/monthly/annually/3 x’s per year) and the costs associated with that frequency as indicated in the table below. The frequency of landscape services must be followed as stated in this table. All costs beyond a site’s frequency and stated bid item price for that frequency are not authorized. Item No. Description Bid Item Price Quantity Total Extended Amount 1 CWRF (Quarterly) $534.00 4 $2,136.00 2 "D" Reservoir (Monthly) $408.00 12 $4,896.00 3 Ellery Reservoir (Monthly) $154.00 12 $1,848.00 4 Elm Reservoir (Monthly) $103.00 12 $1,236.00 5 Skyline Reservoir (Monthly) $154.00 12 $1,848.00 6 La Costa High Reservoir (Quarterly) $154.00 4 $616.00 7 Calavera Pump Station (Monthly) $154.00 12 $1,848.00 8 Santa Fe I Reservoir (Semi-Annually) $613.00 2 $1,226.00 9 Santa Fe II Reservoir (Semi-Annually) $613.00 2 $1,226.00 10 Maerkle Mowing (3 times per year) $3,669.00 3 $11,007.00 SUBTOTAL $27,887.00 11** Extra Work – any landscape work needed beyond this listed scope of work – Requires prior approval by CMWD $7,113.00 TOTAL NOT TO EXCEED ANNUAL AMOUNT $35,000.00 ** Item No. 11 Extra Work - All extra work with locations, as noted above in Exhibit A, requires prior approval by email from the CMWD project manager before proceeding. DocuSign Envelope ID: F81900AC-6C33-4F2B-94EA-5BA9A3B1CD17 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 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 RENTED EACH 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 COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOS AUTOS AUTOS 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 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. INSD ADDL WVD SUBR 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. 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 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 BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 10/1/2019 Landscape Contractors (Lic#0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 Benita Hall, CISR (559)650-3555 (559)650-3558 bhall@lcisinc.com Steven Smith Landscape, Inc. 1916 Commercial Escondido CA 92029 Financial Pacific Ins Co 31453 19/20 Pkg & Auto A X X X $1,000 Pd Ded X X 60509161 10/1/2019 10/1/2020 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits 1,000,000 A X XX 60509161 10/1/2019 10/1/2020 1,000,000 Underinsured motorist 1,000,000 A XX X 10,000 60509161 10/1/2019 10/1/2020 4,000,000 4,000,000 RE: All landscape operations performed by or on behalf of the named insured (See attached CG2010R- 12 11) The City of Carlsbad are named as additional insured B Hall, CISR/ACOMBE City of Carlsbad/CMWD EXIGIS Risk Management Services P.O. Box 4668 - ECM #35050 New York, NY 10163 Policy Number 60509161 UTIL1638 General Counsel Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND AGREEMENT FOR QUARTERLY MOWING SERVICES OF CMWD PROPERTY AT MISSION AND FOUSSAT VACANT LOT IN OCEANSIDE AND FOR ADDITIONAL LANDSCAPE SERVICES This Amendment No. 3 is entered into and effective as of the ________ day of _______________________________, 2019, extending and amending the agreement dated November 7, 2017, (the “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, ("CMWD"), and Steven Smith Landscape, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for landscape services for CMWD properties. RECITALS A. On June 20, 2018, the Parties executed Amendment No. 1 to the Agreement to add additional services to the agreement; and B. On October 19, 2018, the Parties executed Amendment No. 2 to the Agreement to extend and amend the agreement; and C. The Parties desire to extend and fund the Agreement’s for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on November 6, 2020, on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000). Each month, Contractor will provide CMWD copies of invoices sufficiently detailed to include hours performed, hourly rates and related activities with costs for approval by CMWD. All extra work as noted in Exhibit “A” of Amendment No. 2 requires prior approval from the CMWD project manager before proceeding. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// DocuSign Envelope ID: EF6382C6-3B22-4410-8B49-BBAA5F52E56D 6th November UTIL1638 General Counsel Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. 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 STEVEN SMITH LANDSCAPE, INC., a California corporation By: By: (sign here) Vicki V. Quiram, General Manager Steven Smith, President (print name/title) By: (sign here) Dorothy S. Smith, Secretary (print name/title) 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: CELIA A. BREWER, General Counsel By: _____________________________ Deputy General Counsel DocuSign Envelope ID: EF6382C6-3B22-4410-8B49-BBAA5F52E56D The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 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 RENTED EACH 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 COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOS AUTOS AUTOS 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 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. INSD ADDL WVD SUBR 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. 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 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 BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 10/1/2019 Landscape Contractors (Lic#0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 Benita Hall, CISR (559)650-3555 (559)650-3558 bhall@lcisinc.com Steven Smith Landscape, Inc. 1916 Commercial Escondido CA 92029 Financial Pacific Ins Co 31453 19/20 Pkg & Auto A X X X $1,000 Pd Ded X X 60509161 10/1/2019 10/1/2020 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits 1,000,000 A X XX 60509161 10/1/2019 10/1/2020 1,000,000 Underinsured motorist 1,000,000 A XX X 10,000 60509161 10/1/2019 10/1/2020 4,000,000 4,000,000 RE: All landscape operations performed by or on behalf of the named insured (See attached CG2010R- 12 11) The City of Carlsbad are named as additional insured B Hall, CISR/ACOMBE City of Carlsbad/CMWD EXIGIS Risk Management Services P.O. Box 4668 - ECM #35050 New York, NY 10163 Policy Number 60509161 UTIL1638 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR QUARTERLY MOWING SERVICES OF CMWD PROPERTY AT MISSION AND FOUSSAT VACANT LOT IN OCEANSIDE AND FOR ADDITIONAL LANDSCAPE SERVICES STEVEN SMITH LANDSCAPE, INC. This Amendment No. 2 is entered into and effective as of the \l1.~ day of C)c b\::;::te(' , 2018, extending and amending the agreement dated November 7, 2017, (the "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, ("CMWD"), and Steven Smith Landscape, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for quarterly mowing of CMWD property at Mission and Foussat vacant lot in Oceanside and for additional landscape services for other CMWD properties. RECITALS A. On June 20, 2018, the Parties executed Amendment No. 1 to the Agreement to include additional landscape services for other CMWD properties; and B. The Parties desire to alter the Agreement's scope of work to increase the amount of Extra Work; and C. The Parties desire to extend the Agreement for a period of one (1) year; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-five thousand dollars ($35,00). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit "A" by November 7, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill General Counsel Approved Version 1/30/13 UTIL1638 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR STEVEN SMITH LANDSCAPE, INC., a California corporation By: By: (sign Here) Steven Smith, President (print name/title) Dorothy S. Smith, Secretary (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: .,,,,,-;- 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 Chairman, President, or Vice-President Group B 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, General Counsel General Counsel Approved Version 1/30/13 2 UTIL 1638 EXHIBIT "A" SCOPE OF SERVICES AND FEE WATER FACILITIES/ PROPERTIES LANDSCAPE SERVICES Item Total No. Description Bid Item Price Quantity Extended Amount 1* Mission & Foussat Lot Quarterly 1,300.00 I ea 4 ea $5,200.00 2 "D" Reservoir (Monthly) $408.00 I ea 4 ea $1,632.00 3 Ellery Reservoir (Monthly) $154.00 I ea 4 ea $616.00 4 Elm Reservoir (Monthly) $103.00 I ea 4 ea $412.00 5 Skyline Reservoir (Monthly) $154.00 I ea 4 ea $616.00 6 La Costa Low Reservoir (Quarterly) $613.00 I ea 1 ea $613.00 7 Calavera Pump Station (Monthly) $154.00 I ea 4 ea $616.00 8 La Costa High Reservoir (Quarterly) $613.00 I ea 1 ea $613.00 9 Pajama Drive Lot (Quarterly) $205.00 I ea 1 ea $205.00 10 Santa Fe I Reservoir (Quarterly) $613.00 I ea 1 ea $613.00 11 Santa Fe 11 Reservoir (Quarterly) $613.00 I ea 1 ea $613.00 12 Calavera Dam (Semi Annually) $1,430.00 I ea 1 ea $1,430.00 13 Maerkle Mowing (1 x's per year) $3,669.00 I ea 1 ea $3,669.00 14 Maerkle Cleanup (Annually) $1,839.00 I ea 1 ea $1,839.00 15 Maerkle Dam (Annually) $2,451.00 I ea 1 ea $2,451.00 16 Carlsbad Water Recycling Facility (Monthly) $534.00 I ea 4 ea $2,136.00 17** Extra Work -irrigation repairs, tree $11,726.00 / yr $11,726.00 removal, tree trimming, etc. (not to exceed) TOTAL ANNUAL AMOUNT $35,000.00 *Item No. 1 brought forward to table from original agreement **Item No. 17 Extra Work amount increased from $10,000 to $11,726. General Counsel Approved Version 1 /30/13 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ~ 10/3/2018 I THIS C~P.TIFfCATE 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 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 ~2~i~cT Danielle Holloway, CISR Landscape Contractors (Lic#0755906) fA~~NJo E.tl· (559) 650-3555 I FAX IA/C Nol: (559) 650-3558 Insurance Services, Inc. foMD~~SS: dholloway@lcisinc. corn 1835 N. Fine Avenue INSURER(Sl AFFORDING COVERAGE NAIC# Fresno CA 93727 INSURER A :Financial Pacific Ins Co 31453 INSURED INSURER B: Steven Smith Landscape, Inc. INSURERC: 1916 Commercial st. INSURER D: INSURER E: Escondido CA 92029 INSURER F: COVERAGES CERTIFICATE NUMBER:18-19 Pkg & Auto REVISION NUMBER: j THI" IC:, Tn rFOTli=V THA-THI= p01 1r11=c ni= INSI IR.O.~ICI= I JC:,Tl=n RFI nw f-'AVF Pl=FN IC::C:,UFn Tn THI= INS\ JOI=("' NAME!) ARO\/F F()R THF POI 1r.v PFRIOn . -. -. -· ·-. ----,_ -·----. -. , .. ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1/VHICH 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 un,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A I CLAIMS-MADE Ci] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) $ 100,000 60509161 10/1/2018 10/1/2019 MED EXP (Any one person) $ 5,000 f-- i $1 1 000 PD DED PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 fl • PRO-•LDC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ - X ANY AUTO BODILY INJURY (Per person) $ A -ALL OWNED -SCHEDULED 60509161 10/1/2018 10/1/2019 BODILY INJURY (Per accident) $ -AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident! -- Underinsured motorist $ 1,000,000 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I / RETENTION$ $ WORKERS COMPENSATION I PER I I OTH-STATUTE ER AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E L DISEASE -EA EMPLOYEE $ If yes, describe under E.~. c:SE.-".S'= PO!...!CY I !~:"!T $ DCSCi~1PT:C~~ 8; c;'l"f~,\"7"1C~~s ;:,~.::J1'" DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: "D" Reservoir 6700 Black Rail Rd, Ellery Reservoir 2237 Janis Way, Elm Reservoir 4277 Skyline Rd. La Costa Low Reservoir 2509 Alga Rd, Calavera Pump Station 3774 College Blvd "E" Reservoir end of Crossings Drive La Costa High Reservoir 3007 Alga Rd Pajama end of Pajama Dr. , Oceanside, CA Santa Fe I 1930 San Marcos Blvd Santa Fe II 3295 Palomar Airport Rd Calavera Darn 3593 Tamarack Ave Maerkle Mowing 5203 Sunny Creek Road Maerkle Clean-up 5203 Sunny Creek Road Maerkle Darn 5203 Sunny Creek Road (See attached CG2010R-12 11) Carlsbad Municipal Water District are named as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Carlsbad Municipal Water District THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 5950 El Camino Real ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE D Holloway, CISR/KSAE ~0-~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS0251201401) The ACORD name and logo are registered marks of ACORD .. · POLICY NUMBER: 60509161 CG 20 1 OR 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION Any person or organization to whom or to which written contract to provide insurance that is afforded by this policy. Where required by contract, the officers, officials, employees, directors, subsidiaries, partners, successors, parents, divisions, architects, surveyors and engineers are included as additional insureds. All other entities, including but not limited to agents, volunteers, servants, members and partnerships are included as additional insureds, if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off- site operations only. If the purpose of this endorsement is for bid purposes only, then no coverage applies. WHO IS AN INSURED: (Section II) This section is amended to include as an insured the person or organization within the scope of the qualifying language above, but only to the extent that the person or organization is tielcJ iiabie ,0.-youi acts Oi omissions :,, the course of "your work" for that person or organization by or for you. The "products- completed operations hazard" portion of the policy coverage as respects the additional insured does not apply to any work involving or related to properties intended for residential or habitational occupancy (other than apartments). This clause does not affect the "products- completed operations" coverage provided to the named insured(s). WAIVER OF SUBROGATION: We waive any right of recovery, when required by written contract, that we may have against the person or organization within the scope of CG 20 lOR 12 11 the qualifying language above because of payments we make for injury. LOCATION OF JOB: The job location must be within the State of domicile of the named insured, or within any contiguous State thereto. DESCRIPTION OF WORK: The type of work performed must be that as described under classifications in the CGL Coverage Part Declarations. PRIMARY CLAUSE: When this endorsement applies and when required by written contract, such insurance as is afforded by the general liability policy is primary insurance and other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. EXCLUSION This insurance provided to the additional insured does not apply to ubcdlly injur_{', "property damage" or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve, maps, designs, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. Endorsement EFFECTIVE DATE: SEE DEC Endorsement EXPIRATION DATE: SEE DEC Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission I.. --CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 3/29/2018 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 l~SURED, the pollcy(les) must be endorsed. If SUBROGRATION 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 Heu of such endorsement(s). PRODUCER Willis Towers Watson CONTACT NAME: San Diego 12980 Metcalf Ave Suite 500 PHONE (AJC, No Ext): (858) 314-1100 FAX (A/C, NO): {360) 828-0699 Overland, Park KS 66213 EMAIL ADDRESS: Elke,Wohlgemuth@bbsihq,com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company •22667 INSURED INSURERB: Barrett Business Services, Inc, UC/F INSURERC: STEVEN SMITH LANDSCAPE INC, INSURERD: 1916 COMMERCIAL STREET INSURERE: ESCONDIDO, CA 92029 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSR wvo (MM/00/YYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ -DAMAGE TO RENTED PREMISES (Ea $ COMMERCIAL GENERAL LIABILITY I CLAIMS-MADE D OCCUR occurence) MEO EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: nPOLICY n:~~J-nLOC PRODUCTS • COMP/OP AGG $ s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -(Ea accident) ANY AUTO -BODILY INJURY (Per person) $ ALL OWNED AUTOS El SCHEDULED AUTOS -BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS -PROPERTY DAMAGE s -$ UMBRELLA LIAB ----10CCUR EACH OCCURRENCE s -EXCESS LIAS OCCUR AGGREGATE s -OED I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' RWC 04/01/18 04/01/2019 ✓ IWCSTATU-I IOTH-LIABILITY YIN C65181083 TORY LIMITS ER ANY PROPRIETOR/PARTNER/ EXECUTIVE ~ N/A X E.L. EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? Covered states: E.L. DISEASE· EA EMPLOYEE $2,000,000 (Mandatory In NH) If yes, describe under CA DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, AddlUonal Remarks Schedule, W more space is required) In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered into prior to the Loss, insurer hereby agrees to also waive our right of recovery but only with respect to such Loss. CERTIFICATE HOLDER Carlsbad Municipal Water District 5950 El Camino Real Carlsbad CA 92008 ACORD 25 (2010/05) ~ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Authorized ~ 1/4~ Rep c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. / I Workers' Compensation and Employers' Liability Polley Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the oolicv number. The remainder of the Information is to be comoleted onlv when this endorsement Is issued subseauent to the oreoaration of the oolicv. 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O 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 : $0 Authorized Agent WC 99 03 22 AGENCY CUSTOMER ID: ____________ _ LOG:#: ____________ _ ~ ACORD® "'" ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED: Barrett Business Services, Inc. L/C/F Arrowhead General Insurance Agency STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 5950 El Camino Real Carlsbad CA 92008 Page _2_ of ----2_ Pajama end of Pajama Dr., Oceanside, CA. 30 notice of cancellation will be provided when possible. ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN 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 oolicv. 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O 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 : $0 Authorized Agent WC 99 03 22 AGENCY CUSTOMER ID: ____________ _ LOC:#:. ____________ _ ADDITIONAL REMARKS SCHEDULE Page -2.... of _L AGENCY NAMED INSURED: Barrett Business Services, Inc. L/C/F Arrowhead General Insurance Agency STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 5950 El Camino Real Carlsbad CA 92008 Santa Fe I 1930 San Marcos Blvd. 30 notice of cancellation will be provided when possible. ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN 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 oolicv. 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O 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 : $0 Authorized Agent WC 99 03 22 AGENCY CUSTOMER ID: ____________ _ LOC:#: ____________ _ ~ ACORD® L. ADDITIONAL REMARKS SCHEDULE Page ---2...... of _2_ AGENCY NAMED INSURED: Barrett Business Services, Inc. UC/F Arrowhead General Insurance Agency STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 5950 El Camino Real Carlsbad CA 92008 Santa Fe II 3295 Palomar Airport Rd. possible. 30 notice of cancellation will be provided when ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F STEVEN SMITH LANDSCAPE INC. Polley Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the palicv number. The remainder of the Information is to be completed onlv when this endorsement is issued subseQuent to the preparation of the policy. 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O 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 : $0 Authorized Agent WC 99 03 22 AGENCY CUSTOMER ID: ____________ _ LOC:#: ____________ _ ~ ACORD® l ADDITIONAL REMARKS SCHEDULE Page _2_ of ___.2..__ AGENCY NAMED INSURED: Barrett Business Services, Inc. L/C/F Arrowhead General Insurance Agency STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 5950 El Camino Real Carlsbad CA 92008 Calavera Dam 3593 Tamarack Ave. 30 notice of cancellation will be provided when possible. ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reseived. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the oolicy number. The remainder of the Information is to be completed only when this endorsement is Issued subseauent to the oreoaration of the oolicv. 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O 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: $0 Authorized Agent WC 99 03 22 AGENCY CUSTOMER ID: ____________ _ LOC:#: ____________ _ ~ ACORD® l ADDITIONAL REMARKS SCHEDULE Page _2_ of_£_ AGENCY NAMED INSURED: Barrett Business Services, Inc. L/C/F Arrowhead General Insurance Agency STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 5950 El Camino Real Carlsbad CA 92008 Maerkle Mowing 5203 Sunny Creek Road. possible. 30 notice of cancellation will be provided when ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. L/C/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policv number. The remainder of the Information Is to be completed onlv when this endorsement Is issued subseauent to the preparation of the policy. 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 • O 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 : $0 Authorized Agent WC 99 03 22 AGENCY CUSTOMER ID: ____________ _ LOC:#: ____________ _ ~ ACORD® ,l ADDITIONAL REMARKS SCHEDULE Page -2...... of _L AGENCY NAMED INSURED: Barrett Business Services, Inc. L/C/F Arrowhead General Insurance Agency STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability {01/14} CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 5950 El Camino Real Carlsbad CA 92008 Maerkle Clean-up 5203 Sunny Creek Road. possible. ACORD 101 (2008/01) 30 notice of cancellation will be provided when c} 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the lnfonnation is to be completed only when this endorsement Is issued subseauent to the oreoaration of the oolicv. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy becaus_e 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: ( x ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O 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 : $0 Authorized Agent WC 99 03 22 AGENCY CUSTOMER ID: ____________ _ LOG:#:. ____________ _ ~ ACORD® "' ADDITIONAL REMARKS SCHEDULE Page ---2.... of __.2...__ AGENCY NAMED INSURED: Arrowhead General Insurance Agency Barrett Business Services, Inc. L/C/F STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability {01/14) CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 5950 El Camino Real Carlsbad CA 92008 Maerkle Dam 5203 Sunny Creek Road. 30 notice of cancellation will be provided when possible. ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. L/C/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the Information is to be completed only when this endorsement is Issued subseauent to the oreoaration of the oolicv. 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 bodi!y 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O 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 : $0 Authorized Agent WC 99 03 22 UTIL1638 AMENDMENT NO. 1 TO AGREEMENT FOR QUARTERLY MOWING SERVICES OF CMWD PROPERTY AT MISSION AND FOUSSAT VACANT LOT IN OCEANSIDE AND FOR ADDITIONAL LANDSCAPE SERVICES STEVEN SMITH LANDSCAPE, INC. r.-This Amendment No. 1 is entered into and effective as of the ~ day of ~..l~C:,... , 2018, amending the agreement dated November 7, 2017, (the "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, ("CMWD"), and STEVEN SMITH LANDSCAPE, INC., a California corporation, ("Contractor") (collectively, the "Parties") for quarterly mowing of CMWD property at Mission and Foussat vacant lot in Oceanside and for additional landscape services for other CMWD properties. RECITALS A. The Parties desire to alter the Agreement's scope of work to include additional landscape services for other CMWD properties; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-three thousand two hundred seventy-four dollars ($33,274). 2. CMWD will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty-eight thousand seventy-four dollars ($28,074). Contractor will provide CMWD, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by CMWD. 3. Contractor will complete all work described in Exhibit "A" by November 7, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /II /II General Counsel Approved Version 9/27/16 UTIL1638 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR STEVEN SMITH LANDSCAPE, INC., a California corporation (sign here) S+ev~~ S,v,:\\,"\, Pre_s'1dent (print name/title) (print ame/title) {~cvz. ~ ) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: 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 Chairman, President, or Vice-President Group B 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, General Counsel By: --D----":~'"-'~=u'f-~"+-_7te66<-:ne_,-~:i_,a-t;I 71Cf-:co~u=ns"'e4-7.f-*-f;- General Counsel Approved Version 9/27 /16 2 UTIL 1638 EXHIBIT "A" SCOPE OF SERVICES AND FEE WATER FACILITIES/ PROPERTIES LANDSCAPE SERVICES In addition to those services provided in the original agreement, Steven Smith Landscape to provide landscape services for the below listed properties for the period from July 12, 2018 to November 7, 2018 (approximately four (4) months). Item Total No. Description Bid Item Price Quantity Extended Amount 1 "D" Reservoir (Monthly) $408.00 I ea 4 ea $1,632.00 2 Ellery Reservoir (Monthly) $154.00 I ea 4 ea $616.00 3 Elm Reservoir (Monthly) $103.00 I ea 4 ea $412.00 4 Skyline Reservoir (Monthly) $154.00 I ea 4 ea $616.00 5 La Costa Low Reservoir $613.00 I ea 1 ea $613.00 6 Calavera Pump Station (Monthly) $154.00 I ea 4 ea $616.00 7 La Costa High Reservoir $613.00 I ea 1 ea $613.00 8 Pajama Drive Lot $205.00 I ea 1 ea $205.00 9 Santa Fe I Reservoir $613.00 I ea 1 ea $613.00 10 Santa Fe 11 Reservoir $613.00 I ea 1 ea $613.00 11 Calavera Dam $1,430.00 I ea 1 ea $1,430.00 12 Maerkle Mowing $3,669.00 I ea 1 ea $3,669.00 13 Maerkle Cleanup $1,839.00 I ea 1 ea $1,839.00 14 Maerkle Dam $2,451.00 I ea 1 ea $2,451.00 15 Carlsbad Water Recycling Facility $534.00 I ea 4 ea $2,136.00 (Monthly) 16 Extra Work -irrigation repairs, tree $10,000.00 I yr $10,000.00 removal, tree trimming, etc. (not to exceed) TOTAL ANNUAL AMOUNT $28,074.00 General Counsel Approved Version 9/27/16 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) ~ 4/15/2018 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject lo the tenns and conditions of the policy, certain policies may require an endorsement. A slatemenl on this certificate does not confer rights to the certificate holder In Heu of such endorsement(s). PRODUCER ~~~lcT Danielle Holloway, CISR Landscape Contractors (Lic#0755906) W8~o. E"": (559) 650-3555 I ft~. Nol: (559) 650-3558 Insurance Services, Inc. ~~~~ss: dholloway(Ucisinc. com 1835 N. Fine Avenue INSURER(S) AFFORDING COVERAGE NAIC# Fresno CA 93727 INSURERA :Atlantic Soecialtv Insurance 27154 INSURED INSURERB: Steven Smith Landscape, Inc. INSURERC: 1916 Commercial st. INSURERD INSURERE: Escondido CA 92029 INSURERF: COVERAGES CERTIFICATE NUMBER·l 7-18 Pkg i;. Auto REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO.ti' HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWfTHSTANDING 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. ir.n; TYPE OF INSURANCE I'.'.';'~ I~.~'!:' POLICY NUMBER .~~}lflllw, I ,:3t.'£\'.~l(L LIMITS X COMMERCIAL GENERAL LIASILITY EACH OCCURRENCE $ 1,000,000 -~ CLAJMS-MADE Ci] O:CUR B~~fsis 9E~~~i?ence' A I 100,000 X 6113-00-09-65-0002 10/1/2017 10/1/2018 MED EX? (Any one porsoni $ 5,000 - ..1l $1 000 FD OED PERSONAL & ADV INJJRY I 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 ~ POLICY D PR9-CLOC PRODUCTS. COMP/OP AGG $ 2,000,000 .... E1....-T OTHER Employee Benef.ts $ 1,000,000 AUTOMOBILE LIABILITY COMHIN!::'.U :::,.;tNGU:: LIM I 11 1,000,000 / Ea l:ICC1dent I - A X ANYP.J..;TO BODIL'( NJIJRY (Per person) I -All O>"""-IED RSCHErllJLFD AUTOS AUTOS 1518-00-09-6.S-0002 10/1/2017 10/1/2018 BODILY INJURY (Pe-r m:.c:d,mO $ -NON-OVVNEO ffe~~ZiJ~/?AMAGE X HIRED AUTOS MJros $ -I Und,erinSt.Jred motoost Is 1,000,000 UMBRELLA LIAS HOCCUR EACH OCCURRENCE I - EXCESSLIAB CLAIMS--MADE .AGGREGATE $ OED I I RETENTIOM $ 1$ WORKERS COMPENSATION nr.~TUTE 1 10TH- AND EMPLOYERS' LIABILITY ER VIN ANY PROPRIETOR/PAF:Tr-ERJEXEC:JTIVE D NIA E L Efa.CH ACC IOENT $ OFFICEPJME~BER EXCUX)f[)? (Mandatory In NH) El. DISEASE EA EMPLOYEE $ gr;c~f~i,~ OlOPERATIONS !)~Jow EL DISEASE-POLICY LIMIT I DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (ACORD 101, Additional R...narks Schedule, may be attached if mor• space Is required) RE: All landscape operations performed by or on behalf of the named insured. Blanket Additional insured per attached OBPGGL04340414 City of Carlsbad/CMWD As required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE Al!OVI! DESCRll!l!D POLICIES 8E CANCELLl!D BEFORE City of Carl.soad/QolHD THI! l!XPIRATION CATI! THl!Rl!OI', NOTICE WILL BE DELIVERED IN c/o F.XJ:GJ:S :Insurance Compliance se:rvices ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668 -ECM #35050 New York, NY AUTI-IORIZEO REPRESENTATIVE D Holloway, CISR/KSAE li-:--'..-.....:111 ~.t!~I.._... __ _.~~ -~~~ ACORD 25 (2014/01) INS0251rn,011 ® 1988-2014 ACORD CORPORATION. All rights reserved_ The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to Paragraph 2. In SECTION II -WHO IS AN INSURED Any person or organization you are required by written contract or agreement to name as an additional insured subject to the following: Any such person or organization must be approved in writing by us as an additional insured Coverage for such person or organization will begin on the date of our approval. a. No such person or organization 1s an additional insured for your acts, errors or omissions if such acts, errors or omissions are not also covered under such person or organization's liability insurance b. No such person or organization 1s an additional insured for "bodily 1nJury" or "property damage" for acts, errors or omissions of any additional insured. B. With respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to SECTION Ill -LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement: or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less This endorsement does not increase the applicable Limits of Insurance shown in the Declarations. C. With respect to the insurance afforded to the additional insureds under Paragraph A. above, Paragraph I. Damage To Your Work in Paragraph 2. Exclusions of COVERAGE A -BODILIY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I -COVERAGES is replaced by the following This insurance does not apply to: I. Damage To Your Work "Property damage" to "your work'' arising out of it or any part of it and included in the "products- completed operations hazard" D. With respect to the insurance afforded to the additional insureds under Paragraph A. above, The following is added to Paragraph 4. Other Insurance in SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is primary if required by the contract or agreement If there is no such requirement, this insurance will be excess and paragraph b. Excess Insurance applies. OBPG GL 0434 04 14 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Copyright, OneBeacon Insurance Group, 2014 COMMERCIAL GENERAL LIABILITY E. With respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us, 1n SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS However, we will waive our rights to recover against any additional insured for payments we make for in Jury or damage arising out of: a. Your ongoing operations, or b. "Your work" done under the· contract or agreement and included in the "products completed operations hazard" if such waiver is required by the contract or agreement Policy Number 618-00-09-65--0002 Name Insured Steven Smith Landscape, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein Endorsement Effective Date: 04/12/2018 OBPG GL 0434 04 14 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, OneBeacon Insurance Group, 2014 Page 2 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED PROFESSIONAL LIABILITY COVERAGE ENDORSEMENT - LANDSCAPE AND ARBORIST CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to Paragraph 2 , Exclusions of Coverage A -Bodily Injury And Property Damage Liability of SECTION I -COVERAGES and Paragraph 2.,Exclusions of Coverage B - Personal and Advertising Injury Liability of SECTION I -COVERAGE This insurance does not apply to: Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of: (1) The rendering of or the failure to render "professional services" by you; or (2) Any work related to maintaining, repairing or constructing any building or building structure. This exclusion does not apply to your operations in connection with landscaping work, including landscape gardening work performed by you or on your behalf. B. The following is added to SECTION V-DEFINITIONS: "Professional services" a. Means engineering, architectural, or surveying services in your capacity as an engineer, architect, or surveyor b. Includes (1) The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications services in your capacity as an engineer, architect, or surveyor; and (2) Supervisory or inspection activities performed as part of any architectural or engineering activities. OBPG GL 0437 04 14 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Copyright 2014, OneBeacon Insurance Group LLC E-INSURED Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/12/2018 I... ___, 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 be endorsed. If SU BROG RATION 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 Willis Towers Watson CONTACT NAME: San Diego 12980 Metcalf Ave Suite 500 PHONE (A/C, No Ext): (858) 314-1100 FAX (A/C, NO): (360) 828-0699 Overland Park KS 66213 EMAIL ADDRESS: Elke.Wohlgemuth@bbsihq.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED INSURER B: Barrett Business Services, Inc. UC/F INSURERC: STEVEN SMITH LANDSCAPE INC. INSURER D: 1916 COMMERCIAL STREET INSURER E: ESCONDIDO, CA 92029 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DDIYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ ,__ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea $ CLAIMS-MADE D OCCUR occurence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY n ~~~J-nLOC PRODUCTS -COMP/OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -(Ea accident) $ ANY AUTO -BODILY INJURY (Per person) $ ALL OWNED AUTOS B SCHEDULED AUTOS -BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS -PROPERTY DAMAGE $ -$ UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ -EXCESS LIAB OCCUR AGGREGATE $ -DED I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' RWC 04/01/18 04/01/2019 ,/ 1wc STATU-I IOTH-LIABILITY Y/N C65181083 TORY LIMITS ER ANY PROPRIETOR/PARTNER/ EXECUTIVE ~ N/A X E.L. EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? Covered states: E.L. DISEASE -EA EMPLOYEE $2,000,000 (Mandatory In NH) If yes, describe under CA DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 1f more space is required) In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered into prior to the Loss, insurer hereby agrees to also waive our right of recovery but only with respect to such Loss. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Services EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 Authorized ~ 1/4~ Rep I c) 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD. AGENCY CUSTOMER ID: ------------- LOC: #: -------------- ADDITIONAL REMARKS SCHEDULE Page _2_ of _2 _ AGENCY NAMED INSURED: Barrett Business Services, Inc. L/C/F Arrowhead General Insurance Agency STEVEN SMITH LANDSCAPE INC. POLICY NUMBER 1916 COMMERCIAL STREET ESCONDIDO, CA 92029 RWC C65181083 CARRIER NAIC CODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/18 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services ADDRESS: P.O. Box 4668 -ECM #35050 New York NY 10163-4668 Santa Fe I 1930 San Marcos Blvd. 30 notice of cancellation will be provided when possible. ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F STEVEN SMITH LANDSCAPE INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C65181083 Policy Period Effective Date of Endorsement 04-01-2018 TO 04-01-2019 04-01-2018 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the oolicv number. The remainder of the information is to be comoleted onlv when this endorsement is issued subseauent to the oreoaration of the oolicv. 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: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . 0 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 : $0 Authorized Agent WC 99 03 22 UTIL 1638 AGREEMENT FOR QUARTERLY MOWING SERVICES OF CMWD PROPERTY AT MISSION AND FOUSSAT VACANT LOT IN OCEANSIDE STEVEN SMITH LANDSCAPE, INC. "\ THIS AGREEMENT is made and entered into as of the :± ~ day of l'--)Q\j-e.,W\t?f./ , 2017, 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, ("CMWD"), and STEVEN SMITH LANDSCAPE, INC., a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in landscape maintenance. 8. Contractor has the necessary experience in providing professional services and advice related to landscape maintenance. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such 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 (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 one ( 1) year from the date first above written. The Executive Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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 five thousand two-hundred dollars ($5,200). 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 five thousand two-hundred dollars ($5,200) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". General Counsel Approved Version 9/27/17 UTIL 1638 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement 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 Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the 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. 7. 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 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 and the City of Carlsbad 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. 8. 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. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. General Counsel Approved Version 9/27/17 2 UTIL 1638 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, 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. 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 the their 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. 11. 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. 11.1 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. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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 CMWD's satisfaction, a declaration stating this. 11.1.4 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. General Counsel Approved Version 9/27/17 3 UTIL 1638 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 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 maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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 three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. 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 CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. General Counsel Approved Version 9/27/17 4 UTIL 1638 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. ForCMWD Name Eric Sanders Title Utilities Supervisor Carlsbad Municieal Water District Address 5950 El Camino Real Carlsbad, CA 92008 Phone 760-438-2722 x7151 For Contractor Name Steven Smith Title 1-9rn Gemmem;ial St~eet v--· 1 ~ f 1,t rt: ~Ji ( tn ,) Address 1916 Commercial Street Escondido, CA 92029 Phone 760-745-9916 E-mail -~~stevensmithlandscaee.com ·4- 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. 17. 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 four categories. Yes D No JZ1 18. 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 wili 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 that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 General Counsel Approved Version 9/27/17 5 UTIL 1638 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. 21 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 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 worth to CMWD in having the Agreement completed. Based upon that finding CMWD 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 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. 22. 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. 23. 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. General Counsel Approved Version 9/27/17 6 UTIL 1638 24. 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. 25. 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. 26. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill General Counsel Approved Version 9/27/17 7 UTIL 1638 27. 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 STEVEN SMITH LANDSCAPE, INC., a California corporation By: c::: U I \' -l_ ~\I (sign her~) 6+e-11-tn)fnt'}h , f{t0i't,~e.n +- (print name/title) (sihere 1 r ·. · ~~n · · 11 CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad Byw~~~±ageras authorized by the Executive Manager 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 Chairman, President, or Vice-President Group B 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, General Counsel By:~~ Deputy G7neraicounsei General Counsel Approved Version 9/27/17 8 EXHIBIT "A" SCOPE OF SERVICES UTIL 1638 Steven Smith Landscape to provide quarterly (four times per year) mowing and debris cleanup of Carlsbad Municipal Water District's vacant lot at the corner of Mission Avenue and Foussat Street in Oceanside, CA 92054. Price for each quarter (3 months) is $1,300. Total cost per year is $5,200. 9 General Counsel Approved Version 9/27/17 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DDIYYYY) ~---·---10/18/2017 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 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 ~~~~CT Danielle Holloway, CISR Landscape Contractors (Lic#0755906) iJl~gNio Extl: (559) 650-3555 I FAX (A/C Nol: (559) 650-3558 Insurance Services, Inc. ~it~~ss: dholloway@lcisinc.com 1835 N. Fine Avenue INSURER(S) AFFORDING COVERAGE NAIC# Fresno CA 93727 INSURER A Atlantic Specialty Insurance 27154 INSURED INSURERS :Evanston Insurance Company 35378 Steven Smith Landscape, Inc. INSURERC: 1916 Commercial st. INSURERD: INSURERE: Escondido CA 92029 INSURERF: COVERAGES CERTIFICATE NUMBER:17-18 Pkg & Auto & 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 LIMITS LTR TYPE OF INSURANCE l•••~n I .. Mn POLICY NUMBER IMMIDDIYYYYl IMMIDDIYYYYl X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1----D CLAIMS-MADE Ci] OCCUR DAMAGE TO RENTED A PREMISES (Ea occurrence) $ 100,000 1---- 618-00-09-65-0002 10/1/2017 10/1/2018 1----MED EXP (Any one person) $ 5,000 X $1,000 PD OED PERSONAL & ADV INJJRY $ 1,000,000 GEN"L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 Fl D PRO-DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIM IT $ 1,000,000 IEa acc1dentl 1---- X ANY AUTO BODILY INJURY (Per person) $ A -ALL OWNED -SCHEDULED AUTOS AUTOS 618-00-09-65-0002 10/1/2017 10/1/2018 BODILY INJURY (Per accident) $ --NON-OVVNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS {Per accident) $ 1----1---- Undennsured motorist $ 1,000,000 X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 2,000,000 1---- B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10 000 CUBW7333617 10/1/2017 10/1/2018 $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D EL EACH ACCIDENT $ OFFICERIMEMBEP EXCLUDED? N/A (Mandatory In NH) EL DISEASE -EA EMPLOYEE $ g~§~~[tf[t~ ~ti)PERATIONS below EL. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required] RE: All landscape operations performed by or on behalf of the named insured Primary Insurance; Blanket Additional insured per attached OBPGGL04340414 The City of Carlsbad are named as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN EXIGIS Risk Management Services ACCORDANCE WITH THE POLICY PROVISIONS. F.O. Box 4668 -ECM #35050 New York, NY 10163 AUTHORIZED REPRESENTATIVE ~ -_ = ~ !... ------:;-~ -----=:;:.-~-=--D Holloway, CISR/KSAE I --- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) INS0251201401 ! The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to Paragraph 2. In SECTION II -WHO IS AN INSURED: Any person or organization you are required by written contract or agreement to name as an additional insured subject to the following: Any such person or organization must be approved in writing by us as an additional insured. Coverage for such person or organization will begin on the date of our approval. a. No such person or organization is an additional insured for your acts, errors or omissions if such acts, errors or omissions are not also covered under such person or organization's liability insurance. b. No such person or organization is an additional insured for "bodily injury" or "property damage" for acts, errors or omissions of any additional insured. B. With respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to SECTION Ill -LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement does not increase the applicable Limits of Insurance shown in the Declarations. C. With respect to the insurance afforded to the additional insureds under Paragraph A. above, Paragraph I. Damage To Your Work in Paragraph 2. Exclusions of COVERAGE A -BODILIY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I -COVERAGES is replaced by the following This insurance does not apply to I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations harnrd". D. With respect to the insurance afforded to the additional insureds under Paragraph A. above, The following is added to P,tragraph 4. Other Insurance in SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary if required by the contract or agreement. If there is no such requirement, this insurance will be excess and paragraph b. Excess Insurance applies OBPG GL 0434 04 14 Contains copyrighted material of Insurance SeNices Office, Inc. with its permission. Page 1 of 2 Copyright, OneBeacon Insurance Group, 2014 COMMERCIAL GENERAL LIABILITY E. With respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us, in SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: However, we will waive our rights to recover against any additional insured for payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under the contract or agreement and included in the "products completed operations hazard" if such waiver is required by the contract or agreement. Policy Number 618-00-09-65-0002 Name Insured: Steven Smith Landscape, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 10-18-2017 OBPG GL 0434 04 14 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, OneBeacon Insurance Group, 2014 Page 2 of 2 .... ---CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/29/2017 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 be endorsed. If SUBROGRATION 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 OnPoint Underwriting Inc. CONTACT NAME: Steven McComb 8390 E Crescent Pkwy, Suite 200 PHONE (A/C, No Ext): (360) 828-0644 FAX (A/C, NO): (360) 828-0699 Greenwood Village, CO 80111 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED INSURER B: Barrett Business Services, Inc. UC/F INSURER C: STEVEN SMITH LANDSCAPE INC. INSURER D: 1916 COMMERCIAL STREET INSURER E: ESCONDIDO, CA 92029 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ -DAMAGE TO RENTED PREMISES (Ea COMMERCIAL GENERAL LIABILITY $ I CLAIMS-MADE D OCCUR occurence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER 7 POLICY n ~~~J-n LOC PRODUCTS -COMP/OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -(Ea accident) ANY AUTO -BODILY INJURY (Per person) $ ALL OWNED AUTOS B SCHEDULED AUTOS ,__.. BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS -PROPERTY DAMAGE $ -$ UMBRELLA LIAB --!OCCUR EACH OCCURRENCE $ ,..__ EXCESS LIAB OCCUR AGGREGATE $ -DED ! RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' RWC 04/01/17 04/01/2018 ,/ 1wc STATU- I IOTH-LIABILITY Y/N C64379471 TORY LIMITS ER ANY PROPRIETOR/PARTNER/ EXECUTIVE c:= N/A E.L. EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? Covered states: E.L. DISEASE -EA EMPLOYEE $2,000,000 (Mandatory in NH) If yes, describe under CA DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Carlsbad Municipal Water District EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6428 Shirehall Drive AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 ~ .... ~ Richard Poling c) 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD. AGENCY CUSTOMER ID: ____________ _ LOC: #: _____________ _ ~ ACORD® l ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED OnPoint Underwriting Inc. Barrett Business Services, Inc. 8100 NE Parkway, Suite 200 POLICY NUMBER Vancouver WA 98662 RWC C64379471 CARRIER NAIC CODE ACE American Insurance Company 22667 EFFECTIVE DATE: 04/01/17 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: Carlsbad Municipal Water District ADDRESS: 6428 Shirehall Drive Carlsbad CA 92008 Page 2 Pajama end of Pajama Dr., Oceanside, CA. 30 notice of cancellation will be provided when possible. ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All nghts reserved. The ACORD name and logo are registered marks of ACORD. of 2