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HomeMy WebLinkAboutUrban Corps of San Diego; 2017-08-14; GS1594GS1594 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR GUTTER, SIDEWALK & RELATED PRESSURE WASHING SERVICES URBAN CORPS OF SAN DIEGO This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2019, extending and amending the agreement dated September 6, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Urban Corps of San Diego, a not-for-profit corporation, (“Contractor") (collectively, the “Parties”) for pressure washing. RECITALS A. The Parties desire to alter the Agreement’s scope of work to increase the total compensation and increase the wages allowed with the Agreement; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. 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, City 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 ninety-seven thousand three hundred forty-four dollars ($97,344). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed seventeen thousand three hundred forty- four dollars ($17,344). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by September 4, 2020. 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. /// /// DocuSign Envelope ID: 7FD85E5D-FB34-4450-BBDD-6C985D5BB4CD 14th August GS1594 City Attorney Approved Version 1/30/13 2 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, URBAN CORPS OF SAN DIEGO, a not-for-profit corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Kyle Kennedy / CEO (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 7FD85E5D-FB34-4450-BBDD-6C985D5BB4CD GS1594 City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES UPDATE GUTTER, SIDEWALK & RELATED PRESSURE WASHING SERVICES This Amendment modifies the scope of services for the citywide Gutter, Sidewalk and Related Pressure Washing Services Agreement provided by Urban Corps to the City of Carlsbad. With this Amendment, the total compensation for the Agreement is increased by seventeen thousand three hundred and forty-four dollars ($17,344), bringing the total (not-to-exceed) compensation to ninety-seven thousand three hundred forty-four dollars ($97,344). Additionally, the Supervisor hourly wage will increase on the day of the execution of this Amendment from $25.00 per hour to $30.00 per hour; and the Corps Member hourly wage will increase from $20.00 per hour to $22.50 per hour. With this Amendment a Vehicle Charge of $48/day shall be granted as additional compensation for the equipment/vehicle provided by Urban Corps to perform pressure washing services. Future wage increases associated with this Agreement shall be guided by the San Diego Consumer Price Index, but not to exceed 2.5% per year and per approval of the Agreement administrator. Wage increases must be requested at least 60 days in advance and in writing to the city’s designated Agreement administrator. Description Quantity (EA) Maximum Hours Rate Annual Cost Supervisor 1.0 1664 $30.00 $49,920 Corps Member Labor 1.0 1664 $22.50 $37,440 Vehicle Charge (at 4 days per week) $48/day $9,984 Total (amount not to exceed per agreement year) $97,344 DocuSign Envelope ID: 7FD85E5D-FB34-4450-BBDD-6C985D5BB4CD DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED,subjectto thetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothe certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED. NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION$ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH)E.L. DISEASE - EA EMPLOYEE$If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) URBAN-7 OP ID: KV 12/11/2018 Keri VogtFaith Insurance ServicesBrakke Schafnitz Ins. Brokers28202 Cabot Rd. Suite 600Laguna Niguel, CA 92677Charles A. Faith 949-365-5144 949-313-3288 keri.vogt@sig.us American States Insurance 19704 General Ins. Co. of AmericaUrban Corps of San DiegoCountyPO Box 80156 San Diego, CA 92138 B X 1,000,000 X Y 24CC28766290 10/25/201810/25/2019 200,000 10,000 1,000,000 3,000,000 X 3,000,000 1,000,000 B X 24CC32284220 10/25/201810/25/2019 X X X X Comp 1,000 X Coll 1,000 XX 6,000,000 A 01SU43636620 10/25/201810/25/2019 6,000,000 B Professional Liab LP7745020K 10/25/201810/25/2019 Per Incid 1,000,000 Aggregate 3,000,000 Agreement Name: UTIL895 City of Carlsbad is named as additional insured as required by written agreement per the attached endorsement COCEXIG City of Carlsbad/CMWD c/o Exigis Insurance Compliance Services P.O. Box 488-ECM#35050 New York, NY 10163-4668 Policy No. 24CC28766290 City of Carlsbad The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO 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 COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/15/2017 Arthur J. Gallagher & Co.Insurance Brokers of California, Inc. LIC# 07262931255 Battery Street #450San Francisco CA 94111 Urban Corps of San Diego CountyP.O. Box 80156San Diego, CA 92138 NonProfits' United Workers' Compensation Safety National Casualty Corporation 15105NONPUNI-01 1473950847 A NPU - WCG 001-2018 1/1/2018 1/1/2019 X 500,000 500,000 500,000 B Excess Wokers' Comp SP4057827 1/1/2018 1/1/2019 Limit Per OccurenceE.L. Per Occ & AggXS of 500,000 Statutory2,000,000 Re: All California operations of the named insured City of CarlsbadPublic Works/General Services405 Oak AvenueCarlsbad CA 92008 GS1594 AGREEMENT FOR GUTTER, SIDEWALK & RELATED PRESSURE WASHING SERVICES URBAN CORPS OF SAN DIEGO EMENT is made and entered into as of the / L/t!J day of --J:;:,,-"-'<::::;k::>t-....-i,..,,_.,""'d ______ , 2017, but effective September 6, 2017 by and between the CITY AR~ AD, a municipal corporation, ("City"), and URBAN CORPS OF SAN DIEGO, a not- for-profit corporation, ("Contractor"). RECITALS A. City requires the professional services of a pressure washing consultant that is experienced in pressure washing sidewalks and gutters. B. Contractor has the necessary experience in providing professional services and advice related to pressure washing sidewalks and gutters. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be eighty thousand dollars ($80,000) per Year 1 and eighty thousand dollars ($80,000) for Year 2 as defined in Exhibit "A" Scope of Services and Fees. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed eighty thousand dollars ($80,000.) per contract year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1 /15 GS1594 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1 /15 2 GS1594 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability 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. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1 /15 3 GS1594 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Clayton Dobbs/Dan Goggin Title Public Works Supervisor Department Public Works -GS City of Carlsbad Address 405 Oak Ave. Carlsbad, CA 92008 Phone No. 760-434-2980 For Contractor Name Yolanda Maeder Title Contracts Manager Address Urban Corp of San Diego 3127 Jefferson St., San Diego, CA 92110 Phone No. 619-235-6884 Email ymaeder@urbancorps.org 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. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1 /15 4 GS1594 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1 /15 5 GS1594 employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /II Ill Ill Ill Ill /II City Attorney Approved Version 4/1 /15 6 GS1594 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR URBAN CORPS OF SAN DIEGO, a not-for-profit corporation By: (sign here) ~.._~s, Gk-2 @~cl~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: By: -~· j, _/v;L~ \ kn, ru K~ L. BARBARA ENGLESON !) v ..____ City Clerk If required by City, proper notarial ackn ledgment 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, City Attorney BY: -~(/_-~===~--=-i==~<t----6e.putyatyAttorney City Attorney Approved Version 4/1 /15 7 EXHIBIT "A" SCOPE OF SERVICES GS1594 1. Contractor shall provide all necessary equipment, materials, and experienced personnel necessary to perform the type of work specified, and shall perform all services in a work- man like manner, also any general as needed labor as directed by contract manager including all tools, equipment and materials to provide gutter and sidewalk pressure wash cleaning and related services to the City of Carlsbad as requested by the contract manager. 2. Contractor will provide proper equipment to recapture all water used for pressure washing at each site and legally dispose of all cleaning compounds, liquids or other related materials at the direction of the contract manager. 3. Contractor shall provide pressure washing of concrete sidewalks, gutters, decorative tiles, bricks and miscellaneous appurtenances at the direction of the contract manager. 4. Contractor shall provide a safe work environment following all safety requirements for its employees and shall provide safe access and egress for city employees and the general public and follow all Cal OSHA regulations. 5. Contractor will leave work zone clean of all debris and material. 6. All locations and frequencies will be at the direction of the contract manager or his designee. 7. Contractor shall perform thorough cleaning of surface improvements identified in the document, thorough cleaning. In this context means complete and total removal of all oil, chewing gum, liquid and soft drink stains including ice cream ground in dirt, algae, mold, Tabriz or other items directed by the contract manager. 8. Contractor will provide minor traffic control for sidewalks, curb and gutter and other locations as directed by the contract manager. 9. When requested pressure washing services require implementation of traffic control were Lane closures are required, contractor shall notify city and city staff will implement, the contractor will be assisted by city employees. FEE A. Total Not-to-exceed $80,000 per agreement year. B. Supervisor -$25 per hour; Corps Member -$20 per hour City Attorney Approved Version 4/1 /15 8 -~ N<.)NPJ.t(JFITS UNITED The NonProfits' United Workers' Compensation Group (NPU-WCG) is a self-insurance group (SIG). We provide members with a combination of pooled self-insurance and commercial excess insurance for workers' compensation. WCG members receive statutory coverage per occurrence, which is a combination of our $500,000 self-insured pool and the excess coverage provided through Safety National, AM Best Rated A+, which is statutory limits for 2016. The employer's liability insurance is $500,000 in the self-insurance pool, followed by limits up to $2 million through Safety National. NonProfits' United is not Best-rated because, as a pool, we are not an admitted carrier. This is the same situation that applies to the hundreds of self-insurance pools established through joint powers authorities for public entities, none of which have Best ratings. NPU was established in 1988 in accordance with the laws of the State of California applying to self-insurance. Please note the insured is part of a self-insured group pool, not individually self-insured, and does NOT have an SIR that they are individually responsible for. Our Workers' Compensation Group, which began operation in 2005, is regulated by the Department of Industrial Regulations, Office of Self-Insurance Plans (DIR OSIP). The WCG holds Master Certificate of Consent to Self-Insure #4513. Since our formation twenty years ago, we have underwritten in compliance with strict actuarial guidelines and have maintained financial soundness throughout the hard and soft periods of the traditional insurance cycles. Additionally, we use only A-rated or higher excess carriers. A 30 day notice will not be provided as the policy is responsible to the insured and not the individual certificate holders regarding cancellation and we are held to the cancellation regulations required by the DIR OSIP. The 30 day language on a certificate is not enforceable and can be deemed illegal. We do, however, as a courtesy, attempt to notify certificate holders if a member withdraws or is withdrawn from the pool, and the certificate is rescinded. CERTIFICATE OF LIABILITY INSURANCE 0AlE (MM'DCWYYY) 06/02/2017 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 INSURED Faith Insurance Service Inc. 4241 Jutland Drive Ste. 210 San Diego, CA 92117 License #: 0590817 Urban Corps of San Diego County P.O. Box 80156 San Diego, CA 92138 INSURER A: INSURERS: INSURERC: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 00000000-998460 619 291-0504 REVISION NUMBER: 282 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING 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 SHOll'.,T,J MAY HAVE BEEN REDUCED BY PAID CLAIMS. 't,S: nn, ~• _POUCYEFF J~9LICYEXP iYPE OF INSURANCE •••~n ~n,n POLICY NUMBER LIMITS A .A COMMERCIALGENERALUA~LITY y 24-CC-287662-7 10/2512016 10/25/2017 EACH OCCURRENCE $ 1000000 -D CLAIMS.MADE [ii OCCUR ~~~~/4'i'F":~;.~"""' $ 200 000 ..A XCU Included MED EXP (MY one person) $ 10 000 PERSONAL & ADV INJURY $ 1.000.000 - ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3.000 000 POLICY O 18-r [ii LOC PRODUCTS. COMP/OP AGG $ 3.000 000 OTHER: $ A AUTOMO~LE LIABILITY -01Cl299021-8 10/2512016 10/25/2017 ~~~~:;."i,';;;flNGLt: LIMJ I C $ 1.000 000 ..x ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ AUTOS -AUTOS ~ HIRED AUTOS _x_ NON-OWNED ~9~L':,,i;iAIMAGE $ AUTOS Comp/Coll Deduc $ 1000 A ..A UMBRB.LA UAB ~ OCCUR 01SU39819600 10/2512016 10/25/2017 EACH OCCURRENCE $ 2,000,000 EXCESSUAB CLAIMS-MAIDE AGGREGATE $ 2 000 000 DED I I RETENTION$ $ WORKERS COMPENSATION I ~~Tl ITF I l~TH- AND EMPLOYERS' UA~UiY YIN ANYPROP~ETORIPARTNERIEXECUTlVE D NIA E.L. EACH ACODENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE. EA EMPLOYEE $ ~~~r8~ ~~iPFRATIONS beloc, E.L. DISEASE-POLICY LIMIT $ B Professional Liab LP7745020H 10/25/2016 10/25/2017 Per Incident 1,000,000 C Directors & Officers EKl3141811 10/25/2016 10/25/2017 Aggregate 1,000,000 DESCRIPTION OF OPERA110NS/ LOCATIONS /VEHCLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: REFURBISH/ REPAINT HANDRAILS ON THE CALLE BARCELONA PEDESTRIAN BRIDGE The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City, Its officials, employees and volunteers. This policy will not be canceled, materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice of cancellation of reduction In coverage by the City Clerk of the City of Carlsbad, California CERTIFICATE HOLDER CANCEL LA llON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 405 Oak Ave AUTHmz; Carlsbad, CA 92008 I (SPL) © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD • Printed by SPL on June 02, 2017 at 11:13AM / / Urban Corps of San Diego County POLICY NUMBER: 24-CC-287662 COMMERCIAL GENERAL LIABILITY CG 71560910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: General Contractor and those required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an additional insured the person or organ- ization shown in the Schedule for whom you are per- forming operations when you and such person or organization have agreed in a written contract or written agreement that such person or organization be added as an additional insured on your policy, but only with respect to liability tor •bodily injury", "prop- erty damage" or "personal and advertising injury" arising out of, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance ot your ongoing op- erations for the additional insured(s) at the loca- tion(s) designated above. No such person or organization is an additional insured for liability arising out of the "products- completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re- pairs} to be performed by or on behalf of the additional insured(s) at the location of the cov- ered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The follov,'ing is added to SECTION 111-LIMrTS OF INSURANCE: The limits of insurance applicable to the additional insured are those specified in the written contract between you and the additional insured, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the lim- its of insurance under this policy. D. With respect to the insurance provided to the person or organization shown in the Schedule of the En- dorsement, Condition 4. Other Insurance of Sec- tion IV -Commercial General Liability Conditions is replaced by the following: CG 71560910 Includes copyrighted material of Insurance Services Office. Inc. with its permission. Page 1 of 2 CG 71560910 4. Other Insurance I a. Primary Insurance This insurance is primary if you have agreed if1. a written contract or written agreement (1) That this insurance be prim9-ry. It other insurance is also primary, we will share with all that other insurance as described in c. below: or (2) The coverage afforded by this insur- ance is primary and hon-contributory with the additional insured's own in- surance. Paragraphs (1) and (2) do not apply to other insurance to which the additional in- sured has been added as an additional in- sured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for •·your work"; (b) That is fire, lightning, or explo- sion insurance for premises rented to you or temporarily oc- cupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a te- nant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (d) If the loss arises out of the main- tenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property (e) That is any other insurance avail- able to an addi~ional insured un- der this endorsement covering liability for damages arising out of the premises or operations, or products completed operations, for which the additional insured has been added as an additional insured by that othar insurance. 2) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to de- fend the additional insured against that "suit'.'. If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. (3} When this insurance is excess over other insurance, we will pay only our share of thEt amount of the loss, it any, that exceeds the sum of: (a) The iotal amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total ot all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, If any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance available to the additional insured permits contribution by equal shares, we will follow this me- thod also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. It any ot the other insurance available to the additional insured does not permit contribution by equal shares, we will con- tribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. All terms and conditions of this policy apply unless modified by this endorsement. Page2of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG 71560910 ,' URBAN-7 OP ID: :S5 ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-07/28/2017 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 ~2~I~cT Charles A. Faith Faith Insurance Services PHONE I FAX 4241 Jutland Drive, Suite 110 IA/C No Extl: IA/C Nol: San Diego, CA 92117 E-MAIL ADDRESS: INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Nonprofits Insurance Alliance INSURED Urban Corps of San Diego Count INSURER B: Safety National Casualty Corp. PO Box 80156 INSURERC: San Diego, CA 92138 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR ,.,c,n "n,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ ~ CLAIMS-MADE D OCCUR DAMAliE ;YE RENTED PREMISES Ea occurrence) $ f--MED EXP (Any one person) $ PERSONAL & ADV INJURY $ f-- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ R DPRO-DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ ~ ANY AUTO BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ f--AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ ~ - $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION X I ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE D NPU-WCG001-2017 01/01/2017 01/01/2018 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 B Exe WC E.L. Per SP4056129 01/01/2017 01/01/2018 0cc &Agg 2,000,000 / XS of 500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Sidewalk & pressure washing services-GS1594. Excess Workers Comp Limit Per Occurrence Statutory. CERTIFICATE HOLDER CANCELLATION CITYOF9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 405 Oak Ave Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ~J~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD The Non Profits' United Workers' Compensation Group (NPU-WCG) is a self-insurance group (SIG). We provide members with a combination of pooled self-insurance and commercial excess insurance for workers' compensation. WCG members receive statutory coverage per occurrence, which is a combination of our $500,000 self-insured pool and the excess coverage provided through Safety National, AM Best Rated A+, which is statutory limits for 2016. The employer's liability insurance is $500,000 in the self-insurance pool, followed by limits up to $2 million through Safety National. NonProfits' United is not Best-rated because, as a pool, we are not an admitted carrier. This is the same situation that applies to the hundreds of self-insurance pools established through joint powers authorities for public entities, none of which have Best ratings. NPU was established in 1988 in accordance with the laws of the State of California applying to self-insurance. Please note the insured is part of a self-insured group pool, not individually self-insured, and does NOT have an SIR that they are individually responsible for. Our Workers' Compensation Group, which began operation in 2005, is regulated by the Department of Industrial Regulations, Office of Self-Insurance Plans (DIR OSIP). The WCG holds Master Certificate of Consent to Self-Insure #4513. Since our formation twenty years ago, we have underwritten in compliance with strict actuarial guidelines and have maintained financial soundness throughout the hard and soft periods of the traditional insurance cycles. Additionally, we use only A-rated or higher excess carriers. A 30 day notice will not be provided as the policy is responsible to the insured and not the individual certificate holders regarding cancellation and we are held to the cancellation regulations required by the DIR OSIP. The 30 day language on a certificate is not enforceable and can be deemed illegal. We do, however, as a courtesy, attempt to notify certificate holders if a member withdraws or is withdrawn from the pool, and the certificate is rescinded.