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Nissho of California Inc; 2017-11-16; UTIL1636
UTIL1636 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR SEWER EASEMENTS AND LIFT STATIONS LANDSCAPE MAINTENANCE SERVICES NISSHO OF CALIFORNIA, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2018, extending and amending the agreement dated November 16, 2017, (the “Agreement”) by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and NISSHO OF CALIFORNIA, INC., a California corporation, (“Contractor") (collectively, the “Parties”) for landscape maintenance services. RECITALS A. The Parties desire to alter the Agreement’s scope of work by removing the Simsbury sewer lift station from landscape maintenance services, increasing the Additional Work amount and to ensure the Contractor provides monthly logs with the invoices per page 10 of the original agreement identifying each sewer easement manhole by asset I.D. with before and after pictures (inspection results); 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. 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 16, 2019 on a time and materials basis not-to-exceed twenty-seven thousand one hundred eighty-three dollars ($27,183). 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: 823169BE-67BA-4284-895E-461CB1C1F148 27th September UTIL1636 City Attorney 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 CITY OF CARLSBAD, a municipal corporation of the State of California NISSHO OF CALIFORNIA, INC., a California corporation By: By: (sign here) Terry Smith, Interim Utilities Director Tom Baird, Vice-President (print name/title) By: (sign here) Cecilia Dolleton, Secretary (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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 823169BE-67BA-4284-895E-461CB1C1F148 UTIL1636 City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE SEWER LIFT STATIONS MAINTAINED MONTHLY Item No. Description Item Price For Each No. Times /Yr. Total Annual Extended Amount 1. Home Plant $509 X12 $6,108 2. Fox’s $14 X12 $168 3. Terramar $14 X12 $168 4. Batiquitos $105 X12 $1,260 5. Chinquapin $35 X12 $420 6. Villas $20 X12 $240 7. Poinsettia $70 X12 $840 8. Knots $30 X12 $360 9. Cannon $252 X12 $3,024 10. Sand Shell $20 X12 $240 11. El Fuerte $30 X12 $360 12. *Additional Work Miscellaneous as Needed $10,360 Not to Exceed Total per Year $10,360 TOTAL ANNUAL AMOUNT $23,548 Table above updated as follows: • Simsbury sewer lift station removed from landscape maintenance services. • Additional Work amount increased from $10,000 to $10,360 per agreement year. *Additional work payments made to the Contractor will be based on the Contractor’s approved proposal by the Project Manager. SEWER EASEMENT MAINTENANCE – segment from page 10 of original agreement: Contractor shall maintain individual inspection and maintenance logs for both routine and additional work listing all site inspection observations and work performed under this agreement. Logs shall indicate locations by either address, name, or asset I.D., inspection results, the date of service, time of service, service performed, the Contractor’s staff performing service and any other information that may affect current or future work. These logs shall be submitted monthly with the invoice to the Project Manager or designee. Total not-to-exceed amount of Contractor’s agreement including easements is twenty- seven thousand one hundred eighty-three dollars ($27,183). DocuSign Envelope ID: 823169BE-67BA-4284-895E-461CB1C1F148 Clienft#: 436527 NISSHCALIF1 ACORDM CERTIFICATE OF LIABILITY INSURANCE DTAmDJYYYY) 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Barbara Smith-NAME:Marsh & McLennan Agency LLC PHONE 8845.3l4N: 5.527AIC E (A/CN) 5-4273 Marsh & McLennan Ins. Agency LLC E-0M 5 abaasit ashL~o PO Box 85638 INSURER(S) AFFORDING COVERAGE NAIC # San Diego, CA 92186 INSURER A : Starr Indemnity & Liabilty Company 38318 ISRD Nissho of California, Inc. ISRRB INSURER C:1902 S. Santa Fe Avenue Vista CA 2083INSURER D: Vista CA 2083INSURER E: ________________________________________________________INSURER F:______ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES O F 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 POFISRNE ADDL .UIPOLICY EFF POLICY EXP LTR TYEOINUAC NSR LD9 POLICY NUMBER (MIDDYYY (MMIDDYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 1000025611181 D6/0112018 06/01/2019 EACH OCCURRENCE $1,000,000 _7 CLAIMS-MADE FXOCCUR pDREmF sEsRo.currce. $300,0 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $l,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 POLICYFX PRO JEC -1 LOC PRODUCTS -COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 100198575181 06/01/2018 06101/2019 COBIE SINGLE LIMIT $,0,0 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BDL NUY(e cietAUTOS ONLY AUTOSY INJURY_(Peraccident)_ xHRDNNOWNED PROPERTY DAMAGE $XAUTOS ONLY X AUTOS ONLY (Peraccident) _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB ICLAIMS-MADE AGGREGATE $ __ DED RETENTION $ $ A WORKERS COMPENSATION X 1000003245 06/0112018 06/01/2019 1~Is LIIZI~TH ER _____AND EMPLOYERS' LIABILITY Y/IN ANY PROPRIETORIPARTNER/EXECUTIVEr-- E.L. EACH ACCIDENT $,0,0OFFICER/MEMBER EXCLUDED? I NJN/A A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEEI $1,000,000 If yes, describe under E IES OIYLMT$,0,0 __DESCRIPTION OF OPERATIONS below _____ DIEAEPOICLMIS.00,0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is included as additional insured with respects to general liability per attached endorsement. Waiver of Subrogation applies to Workers Compensation per attached endorsements. 30 Day Notice of Cancellation applies per policy provisions. 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 c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of I The ACORD name and logo are registered marks of ACORD #S3478538/M3477097 WSGCL INSURED: NisshoofCalifomnia, Inc. POLICY #: 1000025611181 POLICY PERIOD: 06/01/2018 TO: 06/01/2019 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGAN IZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 -Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury', "property maintenance or repairs) to be performed by or damage or "personal and advertising injury' on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of 'your work" out of which the behalf; injury or damage arises has been put to itsintended use by any person or organizationin the performance of your ongoing operations for other than another contractor or subcontractorthe additional insured(s) at the location(s) engaged in performing operations for adesignated above. principal as a part of the same project, However 1. The insurance afforded to such additional C. With respect to the insurance afforded to these insured only applies to the extent permitted by additional insureds, the following is added to law; andSection III -Limits Of insurance: 2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will pay on behalf of the additional insured is the wil not be broader than that which you are amount of insurance: required by the contract or agreement to 1. Required by the contract or agreement; or provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury' or applicable Limnits of Insurance shown in the .property damage' occurring after: Declarations. CO 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of INSURED:Nissho of California, Inc. POLICY#: 1000025611181 POLICY PERIOD: 06/01/2018 TO: 06/01/2019COMMERCIAL GENERAL LIABILITY CG 20 3704 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III -Limits Of Insurance: with respect to liability for "bodily injury" orIfcvrgpoiddtthadtonlnseds"property damage" caused, in whole or in part, by rIref co t raedt oraent the moitoaliste we your work" at the location designated and weqid pay n behalf or addimtioa insued iost the described in the Schedule of this endorsement amounta o insuancofe: adtoa nsrdi h performed for that additional insured and aon fisrne included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED: Nissho of California, Inc. POLICY #: 1000025611181 POLICY PERIOD: 06/01/2018 TO: 06/01/2019 #'Starr Indemnity& Liability Company Dallas, TX 1-866-519a-2522 Amendment of Limits of Insurance (Per Project or Per-Location Aggregate Limit), Polcy Number: EffectiVe Date: Named Insured: This endorsementr modifies ins~urance provided unider the following: COMMERCIAL GENERALLIABILITY COVERAGE FORM 1. Your policy is amended to Include either aPer Project General Aggregate. Limit, a.Per Location G~eneral Aggregate Urii or a Per Project and Per,. Location GeneralI Aggregate Limit, Please select only one of the following: Per Piroject General Aggregate LimitPer Lodation General Aggreg~ate Limit Per Pipj~ct and Per Location General Aggregate Limfit 2. E I Overall Policy Aggregate Limit JF NEITHER OF THESE BOXES ARE CHECKED. THIS ENDORSEMENT.IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. 11. SECTION III -LIMITS OF INSURANPIE, is amended to include the following- 1. The Limits of Insurance and the, rules belowi fix the most we Will pay regardless of the numberof: a. Insureds"b. Claims rnade~or "suits" brought or c. Personsororgaization5 rmaking d!aims dr bringing "suits!' 2. The Geinerall Aggregate Limit is the m6te will pay for the sum of: a.Medical expenses Un~der Coverage C; b. Damages under Coverage A, except damages because of "bodily in] uy" or"property damagd' included'in the produots-ompleted-operations hazard"; and.~.Damages under Coverage B3 3. Personsor organizations making claims or bringing 'Isuits'. 4. The Products-Completed Operations Aggregate Limnit is the most we will pay under CoverdgeA4 for damragelp because of "bodily injury' and "Property d0an ge" indudled in the"ipr oducts-completed Ioperations hazard". 00 InS (07-11) PagelI of 3 CopyrightADC. V. Starr& Company and Star IndentnityZ LbikliyCompany. Alfigis reserved. Includes copyjrighted moaterial of 130 Properties, Inr,,, usd with its permrission. INSURED: NisshoofCalifomia, Inc. POLICY #M 1000025611181 POLICY PERIOD: 06/01/2018 TO: 06/01/2019 Dallas,, TX 1-866-19-2522 5., Subject to 2 above, the Personal and Advertising Injury Limit is. the most-ve will pay under Coverage B for the sum of all damages beca use of all "personal andvertising injurV' sustained by dhy one person or-orgahizatioh. '6. Sub~ject to, -2 or 3 above; whichever applIIIies, t Ihe Each Occurrence Limit is the most wewill pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all 'bodily injury" and "property damrage arising out of any one ocurrence". 7. Subject to 6 above* the Damage to Premises Rented to, You Limit is the, mostwe will payunder Coverage A because6 of "property damage!' to anyobne premises, whilerented ta you, or in the case of damage by. fire, while rentedl to you ortemporaily occupied by you Wit permission by the owner., 0, Subjct to 5 above, the Medical Expenise Limit is the most wewill pay under CoVerageC., for all medical expenses because of 'bodily injury" sustained by any one person. 9. Subject to 2, 4,6,., and(6r 7 above, the Per Project Aggregate. Limit isthe mostwe willpay under GoVerages A,. B, and C combined for the sum of: a.. Damages under Coverage.A; b. Damages under Coverage. B; and P. Medical expenses. under Coverage C arising but'of the lart'/ single Location described above. 10. Subject to 2, 4, 5. 6, andfor 7 above, the Per Location Aggregate Limit is the mottwe will pay under Coverages A, B, and C combined for the sum of' d. Damages under Coverage. A; e.- =aes-under.Coverage B~and f. Meia expenses under &coveiage C arising out ofithe any single Location described above, Ii., The Overall -Policy Aggregate Is. the Mnost we Will pay in any policy period regardless of. number of projects or locations. The Limits of Insurance of this C.overage ,Part apply separately to each consecutive annual period and to any remaining period'of less than 12 months, starting. with the beginning of the poliby period shown in the Declarations, unless the. policy period it extended after isSudiice for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Ill. The Lim-its of Insurance shown in the Declarations are deleted in their entirety and replaced bythe Limits of Insurance set forth below. Limits of Insurance. General Aggregate. Limit $ 2,q0P,00. Each Occurrence Limi t $ 1,000,000 Products-Completed Operations Aggregate Limit $.2,000,000 013 139 (07-11) P~ge 2 of 3 Copyright 4) C. V. Sterr & Company and Starr Indenity & Liability Company. All rights ieserved. Includesocopyrigjhted nialeria of13 isroperties, lnem, used With its permission. INSURED: Nissho of California, Inc. POLICY #M 1000025611181 POLICY PERIOD: 06/01/2018 TO: 06/01/2019 \/Starr Indemnifty & Liability Cbrmpany Dallas; TX 1-86M-19-2522 eorsonal & Advertising Injury Limit $10 ' oooQaooDamage to Premnises Rented to You $ 100,000) Miadial Expense 1imit $ 5,000 iv. SETINa V -DEFINITIONS: IS aneinded to includ the followng 2,"Location" means prEimises. invo~ing the same or connecting lots, or premises whose connection Is Interrupted only by a street, roadway, waterway, ordrght-of-way'rzii Woad. ALL OTHER TERMVSAND CONDITIONS REMAJ N UNCHANGED. S~gned for STARR INDEMNITY &LIABILITY-COMPANY Charles MI. Dangelo;-Mrsident Nehemniah I:. Qinsburg, Genera~iCausel, 0(3 139 (07-41) page a of 3 Copyrigt 0 SC V. Staff &company and Starr Indarmity & Uability Campany. All ights. reser~ved Includes copyrightled material of!S Properties, Inc,, used withi its permission. INSURED: Nissho of California, Inc. POLICY#: 1000003245 POLICY PERIOD: 06/01/2018- TO: 06/01/2019 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04D3 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the ight to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be-*-% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH TIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Countersigned By : ' WC 04 03 06 (Ed. 4-84) @1998 by the workers' Compensation Insurance Rating Bureau of California. ANi rights resersed. AGREEMENT FOR SEWER EASEMENTS AND LIFT STATIONS LANDSCAPE MAINTENANCE SERVICES NISSHO OF CALIFORNIA, INC. UTIL 1636 ~ \ THIS AGREEMENT is made and entered into as of the \(o~ day of \'JC'\)eNY\ lo.er-, 2017, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and NISSHO OF CALIFORNIA, INC. a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in landscape maintenance. B. Contractor has the necessary experience in providing professional services and advice related to landscape maintenance. 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for five (5) 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 twenty-seven thousand one hundred eighty-three dollars ($27,183). 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 twenty-seven thousand one hundred eighty-three dollars ($27,183) per Agreement 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 9/27/17 UTIL 1636 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 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 attorney's fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 9/27 /17 2 UTIL 1636 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. 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 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. 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 City). $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 City'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. 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 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 9/27/17 3 UTIL 1636 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 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. 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 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. 14. 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. 15. 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. 16. 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. City Attorney Approved Version 9/27 /17 4 For City Name Jesse Castaneda Title Utilities Supervisor Department Public Works Utilities City of Carlsbad Address 5950 El Camino Real Carlsbad, CA 92008 Phone No. 760-438-2722 x7137 UTIL 1636 For Contractor Name Steve LaFortune Title Project Manager Address 1902 South Santa Fe Ave. Vista, CA 92083 Phone No. 760-727-9719 Email slafortune@nisshoca.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 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 categories. YesD No l:ZJ 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 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. 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 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. City Attorney Approved Version 9/27/17 5 UTIL 1636 21. 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. 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, 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. 23. 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. 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. City Attorney Approved Version 9/27/17 6 UTIL 1636 25. 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. 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 Ill City Attorney Approved Version 9/27/17 7 UTIL 1636 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 NISSHO OF CALIFORNIA, INC., a California corporation By 7f (sign here) -j;;,,,., 71~,r.J Vt CR -;-1-e S>ck:er0+- (print name/title) By: Cec1/1a h~Re t!Yt1, SQcrJflLl!J (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group 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:___,_~_· ___ _ Deputy City Attorney City Attorney Approved Version 9/27 /17 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California /\ ) County of Y-< V:\ u.' r! § O l On i I ( ':=l / 2-.u f ± before me, _[:b~-_,__(-<i~1tf..---'--1_5~h,~~~--f~+i_Ll~t/--L_~_'-1_s __ Date He;e Insert Name and Title;9fthe Off{ce,-/ personally appeared 7= 6 am v~ S' ..Ba._ , " d a n d {_' e2 (' i I , Ci 0 a 1 1 e -±o ,,::\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL 1Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature U ~ .. 70 7signature of Notary Public Plac@-Nota1-y:Seat-Ab0ve -----------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do9f1ment Title or Type of Document: _,(L,-i ..._i(,._J V'\.------=-_.t__,_v_C=l____,(~· _1-_· ________________ _ Document Date: __________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ ~ne~N~~------------D Corporate Officer -Title(s): ______ _ O Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ 0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2015 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES UTIL 1636 Contractor's proposed cost of service for landscape maintenance services for sewer easements and lift stations. The actual payments made to the Contractor will be based on the Contractor's bid unit prices and the actual work performed for the City consistent with the terms and conditions of the contract documents. Contractor has carefully examined the locations of the work, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work in this Landscape Maintenance Services Agreement in accordance with the specifications of the City of Carlsbad, and the General Provisions and that the Contractor will take in full payment therefore the following unit prices for each item complete, to wit: SEWER LIFT STATIONS MAINTAINED MONTHLY Item Description Item Price No. Times Nr. Total Annual No. For Each Extended Amount 1. Home Plant $509 x12 $6,108 2. Fox's $14 x12 $168 3. Terramar $14 x12 $168 4. Batiquitos $105 x12 $1,260 5. Chinquapin $35 x12 $420 6. Villas $20 x12 $240 7. Simsbury $30 x12 $360 8. Poinsettia $70 x12 $840 9. Knots $30 x12 $360 10. Cannon $252 x12 $3,024 11. Sand Shell $20 x12 $240 12. El Fuerte $30 x12 $360 13. *Additional Work $10,000 $10,000 Miscellaneous Not to Exceed Total per Year as Needed TOTAL ANNUAL AMOUNT $23,548 *Additional work payments made to the Contractor will be based on the Contractor's approved proposal by the Project Manager. SEWER NON-HABITAT EASEMENTS MAINTAINED QUARTERLY Item Description Item Price No. of No. Times Nr. Total Annual No. For Each Manholes Extended Amount 1. Non-Habitat Sewer $545 75 x4 $2,180 Easement Manholes TOTAL QUARTERLY AMOUNT $2,180 City Attorney Approved Version 9/27 /17 9 UTIL 1636 Required work on city easements includes but is not limited to cleaning and debris removal within a three-foot radius of each asset. Locate manhole Clean specified area Repair/replacement Take before and after pictures Remove debris as needed SEWER HABITAT EASEMENTS MAINTAINED ONE TIME PER YEAR FROM SEPTEMBER 16 TO FEBRUARY 15. Item Description Item Price No. of No. Times /Yr. Total Annual No. For Each Manholes Extended Amount 1. Habitat Sewer Easement $1,455 189 x1 $1,455 Manholes TOTAL ANNUAL AMOUNT $1,455 Total amount of Contractor's agreement is twenty-seven thousand one hundred eighty- three dollars ($27,183). Work areas will be left free of all dirt, litter, lubricants or other materials utilized to perform landscape maintenance. Contractor shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized city staff to work areas. Landscape maintenance and debris removal shall be performed in accordance with accepted standards to the satisfaction of the Project Manager or designee. Contractor shall immediately respond when notified by city to correct unsatisfactory work at no additional charge. Contractor shall maintain individual inspection and maintenance logs for both routine and additional work listing all site inspection observations and work performed under this agreement. Logs shall indicate locations by either address, name, or asset I.D., inspection results, the date of service, time of service, service performed, the Contractor's staff performing service and any other information that may affect current or future work. These logs shall be submitted monthly with the invoice to the Project Manager or designee. Separate invoices for approved Additional Work requests with logs shall be prepared and submitted to the Project Manager or designee. Maintenance and site issues discovered by Contractor's staff shall be reported to Project Manager or designee same day. Contractor shall respond to requests and schedule maintenance or cleanup of dumped/abandoned items when contacted by the Project Manager or designee. The city shall provide access to all sites to be maintained by the Contractor. City Attorney Approved Version 9/27/17 10 Client#· 436527 NISSHCALIF1 ACORD,M CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 9/25/2017 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 2R~!~cT Barbara Smith Marsh & Mclennan Agency llC rt8.Ntio, Ext): 858-457-3414 I FAX ------- Marsh & Mclennan Ins Agency llC /AIC._~----_ - !~tJ~ss: Barbara.Smith@barneyandbarney.com PO Box 85638; CA Lie #0H18131 -~ INSURER($) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A: Indian Harbor Insurance Company 36940 INSURED INSURER B : StarStone National Insurance Co 25496 Nissho of California, Inc. INSURER C : Depositors Insurance Company 42587 1902 S. Santa Fe Avenue Vista, CA 92083 INSURER D: INSURER E: 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 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 ,&~Jilg~~i ,&~kl5M~Yi LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS A 2 COMMERCIAL GENERAL LIABILITY X ESG0049918 06/01/2017 06/01/2018 EACH OCCURRENCE s1,000,000 ,-CLAIMS-MADE [!] OCCUR ~~~~~H?E~~~Ju~~nce\ $50,000 MED EXP (Any one person) sEXClUDED ~- PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 Fl IXl PRO-nLOC $2,000,000 POLICY_ JECT PRODUCTS -COMP/OP AGG OTHER: $ C AUTOMOBILE LIABILITY ACP3036640988 06/01/2017 06/01/2018 COMBINED SINGLE LIMIT s1,000,000 /Ea accidentl - X ANY AUTO BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ----~----------- X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accidentL__ ____ ~ ----- $ ---------- UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ -- EXCESS LIAB CLAIMS-MADE AGGREGATE $ -- OED I I RETENTION $ $ B WORKERS COMPENSATION X 110170370 06/01/2017 06/01/2018 X IPER I l~JH-AND EMPLOYERS' LIABILITY STATlJTF Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L EACH ACCIDENT s1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT s1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is included as additional insured with respects to general liability per attached endorsement. Waiver of Subrogation applies to Workers Compensation per attached endorsements. 30 Day Notice of Cancellation applies per policy provisions. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3000708/M2647856 WSMJB INSURED: Nissho of California, Inc. POLICY#: ESG0049918 POLICY PERIOD: 06/01/2017 TO: 061011201s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT (WITH TOT AL AGGREGATE LIMIT FOR ALL DESIGNATED CONSTRUCTIOH PROJECT(S}) This endorsement mocifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All pro.it.>cls of the insured where required by written contract {If no entry appears above, information required to complete this endorsement 'Mil be shoWn in the Oeciarations as applicable to this endorsement.} A. For aJI sums \\'hich the insured becomes legaJty obligated to pay as damages caused by "occurrences· under SECTION I -COVERAGES, COVERAGE A -BOOIL Y IHJURY ANO PROPERTY DAMAGE, and for all mecfical expenses caused by accidents under SECTION I -COVERAGES, COVERAGE C - MEDICAL PAYMENTS, which can be attributed onJy to ongoing operations at a single designated construction project sho'Ml in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount ot the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we wilJ pay for the sum of all damages under Coverage A, except damages because of ·bodily if1ucy" or .. property damage• included in the "products-completed operations hazard", and for mecfical expenses under Coverage C regardless of the number ot: a. Insureds: b. Claims made or ·suits" brought; or c. Persons or organizations making claims or bringing ·SlJits·. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction prqect shown in the Schedule above. SLC 015 1113 © 2013 X.L America, Inc. All Rights Reserved. Page 1 of 2 May not be copied without pennission. Includes copyrighted material ot Insurance Services Offices, Inc., with its pennission. 4. The IIT11its shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shov.n in the Declarations, such limits 'MU be subject to the appicable Designated ConsttUction Project General Aggregate limit B. For all sums v.tiich the insured becomes legally obligated to pay as damages caused by ·occurrences· under SECTION I -COVERAGES, COVERAGE A -BODILY INJURY ANO PROPERTY DAMAGE, and for all medcal expenses caused by accidents under SECTION I -COVERAGES. COVERAGE C • MEDICAL PAYMEtffS, which cannot be attributed only to ongoing operations at a single designated construction project stlO\M"I in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amOll'lt available under the General Aggregate Limit or the Products-Completed Operations Aggregate limit, wtiichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the ·products-completed operations hazard" is provided. any payments for damages because of "bodily injury' or •property damage• induded in the ·products-compCeted operations haZard" 'MIi reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Coostruction Project General Aggregate Limit D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables. the project wiR still be deemed to be the same construction project. E. The provisions of SECTION UI -LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to appy as stipulated. F. Notwithstanding the foregoing or any other provision of this policy or any endorsement attached thereto .. the most we will pay under the Designated Construction Project General Aggregate Limit for all Designated Construction Projects combined is _SS,000,000_. AH otrer terms and condroons of this policy remain unchanged. SLC 0151113 © 2013 X.L. America, Inc. All Rights Reserved. Page 2 of 2 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc .. with its pennissk>n. INSURED: Nissho of California, Inc. POLICY#: ESG0049918 POLICY PERIOD: 06/01/2017 TO: 06/011201 s COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Locatlon(s) Of Covered Operations Organization(s): Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage· or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies lo the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement. the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED:Nissho of California, Inc. POLICY#: ESG0049918 POLICY PERIOD: 06/01/2017 TO: 06/01/2018 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED: Nissho of California, Inc. POLICY#: T10170370 POLICY PERIOD: 06/0112011 TO: 06/01/2018 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC0403 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be_*_% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERA TING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy,) WC 0403 06 (Ed. 4-84) .A . Countersigned By _...,,..LJ_.·_ . ..,.·_.·--~-'. ·_·._._·_. _· _. -_~ __ L--_ __,._; __ .1 ll:>11198 by the Worker11• Comr,.n.atlon Insurance Rating BurHu of California. AH right, lfterved.