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United Storm Water Inc; 2017-08-23; GS1599
GS1599 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR WATER TREATMENT UNITS & CONTINUOUS DEFLECTING SYSTEMS DRAIN INSPECTION AND CLEANING SERVICES UNITED STORM WATER, INC. This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2020, extending the agreement dated August 23, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and United Storm Water, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for water treatment units & continuous deflecting systems drain inspection and cleaning services. RECITALS A. On July 19, 2018, the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for one (1) year; and B. On June 12, 2019, the Parties executed Amendment No. 2 to the Agreement to extend and fund the agreement for one (1) year; and C. The Parties agree to the amend the cost for services required to fulfill the Agreement (Exhibit A); and D. The Parties agree to amend the total services required to complete the Agreement; and E. The Parties desire to extend the Agreement for a period of one (1) year. 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 August 22, 2021, on a time and materials basis not-to-exceed fifty-nine thousand nine hundred forty-six dollars and twenty-five cents ($59,946.25). 2. All other provisions of the Agreement, as may have been amended from time to time, shall 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, shall include coverage for this Amendment. /// /// /// /// DocuSign Envelope ID: 65EE0E5E-EA43-4EC3-BC7F-E7B2E3BFF159 August 17th GS1599 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR UNITED STORM WATER, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Geoff Patnoe, Assistant City Manager as authorized by the City Manager Eduardo C. Perry, President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Robert Pina, Secretary, Treasurer (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: 65EE0E5E-EA43-4EC3-BC7F-E7B2E3BFF159 GS1599 City Attorney Approved Version 1/30/13 3 EXHIBIT “A” Contractors Proposed Cost of Services Item No. Description **Estimated Quantity and Units Unit Price Total 1. Cleaning the storm drain (TCBMP) and installation, removal & disposal of hydrocarbon booms 199 $153.75 $30,596.25 2. Cleaning high priority storm drains Removed from agreement. 3. CDS units 5 $5,870.00 $29,350.00 4. Spot cleaning catch basins Removed from agreement. 5. Contingency Removed from agreement. 6. Amended Total $59,946.25 DocuSign Envelope ID: 65EE0E5E-EA43-4EC3-BC7F-E7B2E3BFF159 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 12/27/2019 Bolton & Company3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 (626) 799-7000 (626) 583-2117 www.boltonco.com 0008309 Cassandra Rosales United Storm Water, Inc. 14000 East Valley Blvd. City of Industry CA 91746 53252013 3 3 GL Additional Insured applies per CG20100413 & CG20370413 attached, only if required by written contract/agreement. GL Primary & Non-Contributory Additional Insured: City of Carlsbad/CMWD Agreement #GS1599 City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 Re: Agreement #GS1599 - Drain Inspection & Cleaning Service per XIL4240605. WC Waiver of Subrogation per WC0430600484. GL, Auto & WC Notice of Cancellation per IL00171198 & WC990110108. A 1,000,000GEC300123412/31/2019 12/31/2020 100,000 3 5,000 3 1,000,000 2,000,000 2,000,0003 B AEC0048938 / AEC0048939 12/31/2019 12/31/2020 1,000,000 3 3 3 C UEC0048940 12/31/2019 12/31/2020 15,000,0003 15,000,0003 3 10,000 C WEC3001235 12/31/2019 12/31/2020 3 1,000,000N 1,000,000 1,000,000 D Pollution Liability PEC0048963 12/31/2019 12/31/2020 $15,000,000 Each Claim / $25,000 Ded. D Professional Liab - Claims Made PEC0048963 12/31/2019 12/31/2020 $15,000,000 Each Claim / $25,000 Ded. Greenwich Insurance Company 22322 XL Insurance America, Inc.24554 XL Specialty Insurance Company 37885 Indian Harbor Insurance Company 36940 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 1 of 9 IL 00 17 11 98 IL 00 17 11 98 Page 1 of 1 COMMON POLICY CONDITIONS A. Cancellation 1. 2. a. b. 3. 4. 5. 6. B. Changes C. Examination Of Your Books And Records D. Inspections And Surveys 1. a. b. c. 2. a. b. 3.1.2. 4.2. E. Premiums 1. 2. F. Transfer Of Your Rights And Duties Under This Policy AEC0048938 / AEC0048939 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 2 of 9 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 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 Organization(s)Location(s) Of Covered Operations 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 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. All Locations as required per written contract. GEC3001234 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 3 of 9 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – 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. 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 4 of 9 RQNKE[!PWODGT<!EQOOGTEKCN!IGPGTCN!NKCDKNKV[ EI!31!48!15!24 VJKU!GPFQTUGOGPV!EJCPIGU!VJG!RQNKE[/!!RNGCUG!TGCF!KV!ECTGHWNN[/ EI!31!48!15!24 «!Kpuwtcpeg!Ugtxkegu!Qhhkeg-!Kpe/-!3123 Rcig!2!qh!2 CFFKVKQPCN!KPUWTGF!!QYPGTU-!NGUUGGU!QT! EQPVTCEVQTU!!EQORNGVGF!QRGTCVKQPU Vjku!gpfqtugogpv!oqfkhkgu!kpuwtcpeg!rtqxkfgf!wpfgt!vjg!hqnnqykpi< EQOOGTEKCN!IGPGTCN!NKCDKNKV[!EQXGTCIG!RCTV RTQFWEVU0EQORNGVGF!QRGTCVKQPU!NKCDKNKV[!EQXGTCIG!RCTV UEJGFWNG Pcog!Qh!Cffkvkqpcn!Kpuwtgf!Rgtuqp)u*! Qt!Qticpk|cvkqp)u*Nqecvkqp!Cpf!Fguetkrvkqp!Qh!Eqorngvgf!Qrgtcvkqpu Cp{!rgtuqp!qt!qticpk|cvkqp!yjgtg!tgswktgf!d{!ytkvvgp! eqpvtcev!rtqxkfgf!vjcv!uwej!eqpvtcev!ycu!gzgewvgf!rtkqt! vq!vjg!fcvg!qh!nquu/!! Cnn!Nqecvkqpu!cu!tgswktgf!rgt!ytkvvgp!eqpvtcev/-!!! Kphqtocvkqp!tgswktgf!vq!eqorngvg!vjku!Uejgfwng-!kh!pqv!ujqyp!cdqxg-!yknn!dg!ujqyp!kp!vjg!Fgenctcvkqpu/ C/ Ugevkqp!KK!!Yjq!Ku!Cp!Kpuwtgf!ku!cogpfgf!vq! kpenwfg!cu!cp!cffkvkqpcn!kpuwtgf!vjg!rgtuqp)u*!qt! qticpk|cvkqp)u*!ujqyp!kp!vjg!Uejgfwng-!dwv!qpn{! ykvj! tgurgev! vq! nkcdknkv{! hqt! #dqfkn{! kplwt{#! qt! #rtqrgtv{!fcocig#!ecwugf-!kp!yjqng!qt!kp!rctv-!d{! #{qwt! yqtm#! cv! vjg! nqecvkqp! fgukipcvgf! cpf! fguetkdgf! kp! vjg! Uejgfwng! qh! vjku! gpfqtugogpv! rgthqtogf! hqt! vjcv! cffkvkqpcn! kpuwtgf! cpf! kpenwfgf! kp! vjg! #rtqfwevu.eqorngvgf! qrgtcvkqpu! jc|ctf#/ Jqygxgt<! 2/Vjg! kpuwtcpeg! chhqtfgf! vq! uwej! cffkvkqpcn! kpuwtgf! qpn{! crrnkgu! vq! vjg! gzvgpv! rgtokvvgf! d{!ncy=!cpf! 3/Kh!eqxgtcig!rtqxkfgf!vq!vjg!cffkvkqpcn!kpuwtgf! ku! tgswktgf! d{! c! eqpvtcev! qt! citggogpv-! vjg! kpuwtcpeg!chhqtfgf!vq!uwej!cffkvkqpcn!kpuwtgf! yknn! pqv! dg! dtqcfgt! vjcp! vjcv! yjkej! {qw! ctg! tgswktgf! d{! vjg! eqpvtcev! qt! citggogpv! vq! rtqxkfg!hqt!uwej!cffkvkqpcn!kpuwtgf/ D/Ykvj! tgurgev! vq! vjg! kpuwtcpeg! chhqtfgf! vq! vjgug! cffkvkqpcn! kpuwtgfu-! vjg! hqnnqykpi! ku! cffgf! vq! Ugevkqp!KKK!!Nkokvu!Qh!Kpuwtcpeg<! Kh! eqxgtcig! rtqxkfgf! vq! vjg! cffkvkqpcn! kpuwtgf! ku! tgswktgf!d{!c!eqpvtcev!qt!citggogpv-!vjg!oquv!yg! yknn! rc{! qp! dgjcnh! qh! vjg! cffkvkqpcn! kpuwtgf! ku! vjg! coqwpv!qh!kpuwtcpeg< 2/Tgswktgf!d{!vjg!eqpvtcev!qt!citggogpv=!qt! 3/Cxckncdng! wpfgt! vjg! crrnkecdng! Nkokvu! qh! Kpuwtcpeg!ujqyp!kp!vjg!Fgenctcvkqpu=! yjkejgxgt!ku!nguu/! Vjku!gpfqtugogpv!ujcnn!pqv!kpetgcug!vjg!crrnkecdng! Nkokvu!qh!Kpuwtcpeg!ujqyp!kp!vjg!Fgenctcvkqpu/ GEC3001234 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 5 of 9 ENDORSEMENT # This endorsement, effective 12:01 a.m., , forms a part of Policy No. issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. GEC3001234 12/31/2019 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 6 of 9 IL 00 17 11 98 IL 00 17 11 98 Page 1 of 1 COMMON POLICY CONDITIONS A. Cancellation 1. 2. a. b. 3. 4. 5. 6. B. Changes C. Examination Of Your Books And Records D. Inspections And Surveys 1. a. b. c. 2. a. b. 3.1.2. 4.2. E. Premiums 1. 2. F. Transfer Of Your Rights And Duties Under This Policy GEC3001234 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 7 of 9 WC 04 03 06 (Ed. 04-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Where required by written agreement signed prior to loss Schedule Job Description All California Operations. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Insured Insurance Company United Pumping Service, Inc. XL Insurance America, Inc. Endorsement No. Countersigned By WC 04 03 06 (Ed. 04-84) Page 1 of 1 Copyright 1984 Workers' Compensation insurance Rating Bureau of California. All Rights Reserved. WEC300123512/31/2019 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 8 of 9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 01 10 (Ed. 1/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice: 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in PART SIX — CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All other terms and conditions remain the same. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured United Pumping Service, Inc. Insurance Company XL Insurance America, Inc. Policy No. Endorsement No. Countersigned by WC 99 01 10 Ed. 1/08 0 2007 XL America, Inc. WEC300123512/31/2019 53252013 | UNITPUM-01 | 19-20 All Lines | Cory Hospedales | 12/27/2019 4:52:45 PM (PST) | Page 9 of 9 GS1599 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR WATER TREATMENT UNITS & CONTINUOUS DEFLECTING SYSTEMS DRAIN INSPECTION AND CLEANING SERVICES UNITED STORM WATER, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2019, extending the agreement dated August 23, 2017 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and United Storm Water, Inc., a California corporation, (“Contractor") (collectively, the “Parties”) for water treatment units & continuous deflecting systems drain inspection and cleaning services. RECITALS A. On July 19, 2018, the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for one (1) year; and B. The Parties desire to extend the Agreement for a period of one (1) year. 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 August 21, 2020, on a time and materials basis not-to-exceed sixty thousand dollars ($60,000). 2. All other provisions of the Agreement, as may have been amended from time to time, shall 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, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: E1D4B4A3-FC8D-4853-BA56-6B53753030FC 12th June GS1599 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR, UNITED STORM WATER, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) for Scott Chadwick, City Manager Eduadro C. Perry, President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Robert Pina, Secretary / Treasurer (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: E1D4B4A3-FC8D-4853-BA56-6B53753030FC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 6/6/2019 Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 (626) 799-7000 (626) 583-2117 www.boltonco.com 0008309 Cassandra Rosales United Storm Water, Inc. 14000 East Valley Blvd. City of Industry CA 91746 49158864 3 3 GL Additional Insured applies per CG20100413 & CG20370413 attached, only if required by written contract/agreement. GL Primary & Non-Contributory Additional Insured: City of Carlsbad/CMWD Agreement #GS1599 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 Re: Agreement #GS1599 - Drain Inspection & Cleaning Service per XIL4240605. WC Waiver of Subrogation per WC0430600484. GL, Auto & WC Notice of Cancellation per IL00171198 & WC990110108. A 1,000,000GEC300123412/31/2018 12/31/2019 100,000 3 5,000 3 1,000,000 2,000,000 2,000,0003 B AEC0048938 / AEC0048939 12/31/2018 12/31/2019 1,000,000 3 3 3 C UEC0048940 12/31/2018 12/31/2019 15,000,0003 15,000,0003 3 10,000 A WEC3001235 12/31/2018 12/31/2019 3 1,000,000N 1,000,000 1,000,000 D Pollution Liability PEC0048963 12/31/2018 12/31/2019 $15,000,000 Each Claim / $25,000 Ded. D Professional Liab - Claims Made PEC0048963 12/31/2018 12/31/2019 $15,000,000 Each Claim / $25,000 Ded. Greenwich Insurance Company 22322 XL Insurance America, Inc.24554 XL Specialty Insurance Company 37885 Indian Harbor Insurance Company 36940 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 1 of 9 IL 00 17 11 98 IL 00 17 11 98 Page 1 of 1 COMMON POLICY CONDITIONS A. Cancellation 1. 2. a. b. 3. 4. 5. 6. B. Changes C. Examination Of Your Books And Records D. Inspections And Surveys 1. a. b. c. 2. a. b. 3.1.2. 4.2. E. Premiums 1. 2. F. Transfer Of Your Rights And Duties Under This Policy AEC0048938 / AEC0048939 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 2 of 9 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 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 Organization(s)Location(s) Of Covered Operations 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 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. All Locations as required per written contract. GEC3001234 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 3 of 9 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – 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. 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 4 of 9 RQNKE[!PWODGT<!EQOOGTEKCN!IGPGTCN!NKCDKNKV[ EI!31!48!15!24 VJKU!GPFQTUGOGPV!EJCPIGU!VJG!RQNKE[/!!RNGCUG!TGCF!KV!ECTGHWNN[/ EI!31!48!15!24 «!Kpuwtcpeg!Ugtxkegu!Qhhkeg-!Kpe/-!3123 Rcig!2!qh!2 CFFKVKQPCN!KPUWTGF!!QYPGTU-!NGUUGGU!QT! EQPVTCEVQTU!!EQORNGVGF!QRGTCVKQPU Vjku!gpfqtugogpv!oqfkhkgu!kpuwtcpeg!rtqxkfgf!wpfgt!vjg!hqnnqykpi< EQOOGTEKCN!IGPGTCN!NKCDKNKV[!EQXGTCIG!RCTV RTQFWEVU0EQORNGVGF!QRGTCVKQPU!NKCDKNKV[!EQXGTCIG!RCTV UEJGFWNG Pcog!Qh!Cffkvkqpcn!Kpuwtgf!Rgtuqp)u*! Qt!Qticpk|cvkqp)u*Nqecvkqp!Cpf!Fguetkrvkqp!Qh!Eqorngvgf!Qrgtcvkqpu Cp{!rgtuqp!qt!qticpk|cvkqp!yjgtg!tgswktgf!d{!ytkvvgp! eqpvtcev!rtqxkfgf!vjcv!uwej!eqpvtcev!ycu!gzgewvgf!rtkqt! vq!vjg!fcvg!qh!nquu/!! Cnn!Nqecvkqpu!cu!tgswktgf!rgt!ytkvvgp!eqpvtcev/-!!! Kphqtocvkqp!tgswktgf!vq!eqorngvg!vjku!Uejgfwng-!kh!pqv!ujqyp!cdqxg-!yknn!dg!ujqyp!kp!vjg!Fgenctcvkqpu/ C/Ugevkqp!KK!!Yjq!Ku!Cp!Kpuwtgf!ku!cogpfgf!vq! kpenwfg!cu!cp!cffkvkqpcn!kpuwtgf!vjg!rgtuqp)u*!qt! qticpk|cvkqp)u*!ujqyp!kp!vjg!Uejgfwng-!dwv!qpn{! ykvj! tgurgev! vq! nkcdknkv{! hqt! #dqfkn{! kplwt{#! qt! #rtqrgtv{!fcocig#!ecwugf-!kp!yjqng!qt!kp!rctv-!d{! #{qwt! yqtm#! cv! vjg! nqecvkqp! fgukipcvgf! cpf! fguetkdgf! kp! vjg! Uejgfwng! qh! vjku! gpfqtugogpv! rgthqtogf! hqt! vjcv! cffkvkqpcn! kpuwtgf! cpf! kpenwfgf! kp! vjg! #rtqfwevu.eqorngvgf! qrgtcvkqpu! jc|ctf#/ Jqygxgt<! 2/Vjg! kpuwtcpeg! chhqtfgf! vq! uwej! cffkvkqpcn! kpuwtgf! qpn{! crrnkgu! vq! vjg! gzvgpv! rgtokvvgf! d{!ncy=!cpf! 3/Kh!eqxgtcig!rtqxkfgf!vq!vjg!cffkvkqpcn!kpuwtgf! ku! tgswktgf! d{! c! eqpvtcev! qt! citggogpv-! vjg! kpuwtcpeg!chhqtfgf!vq!uwej!cffkvkqpcn!kpuwtgf! yknn! pqv! dg! dtqcfgt! vjcp! vjcv! yjkej! {qw! ctg! tgswktgf! d{! vjg! eqpvtcev! qt! citggogpv! vq! rtqxkfg!hqt!uwej!cffkvkqpcn!kpuwtgf/ D/Ykvj! tgurgev! vq! vjg! kpuwtcpeg! chhqtfgf! vq! vjgug! cffkvkqpcn! kpuwtgfu-! vjg! hqnnqykpi! ku! cffgf! vq! Ugevkqp!KKK!!Nkokvu!Qh!Kpuwtcpeg<! Kh! eqxgtcig! rtqxkfgf! vq! vjg! cffkvkqpcn! kpuwtgf! ku! tgswktgf!d{!c!eqpvtcev!qt!citggogpv-!vjg!oquv!yg! yknn! rc{! qp! dgjcnh! qh! vjg! cffkvkqpcn! kpuwtgf! ku! vjg! coqwpv!qh!kpuwtcpeg< 2/Tgswktgf!d{!vjg!eqpvtcev!qt!citggogpv=!qt! 3/Cxckncdng! wpfgt! vjg! crrnkecdng! Nkokvu! qh! Kpuwtcpeg!ujqyp!kp!vjg!Fgenctcvkqpu=! yjkejgxgt!ku!nguu/! Vjku!gpfqtugogpv!ujcnn!pqv!kpetgcug!vjg!crrnkecdng! Nkokvu!qh!Kpuwtcpeg!ujqyp!kp!vjg!Fgenctcvkqpu/ GEC3001234 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 5 of 9 ENDORSEMENT # This endorsement, effective 12:01 a.m., , forms a part of Policy No. issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. GEC3001234 12/31/2018 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 6 of 9 IL 00 17 11 98 IL 00 17 11 98 Page 1 of 1 COMMON POLICY CONDITIONS A. Cancellation 1. 2. a. b. 3. 4. 5. 6. B. Changes C. Examination Of Your Books And Records D. Inspections And Surveys 1. a. b. c. 2. a. b. 3.1.2. 4.2. E. Premiums 1. 2. F. Transfer Of Your Rights And Duties Under This Policy GEC3001234 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 7 of 9 WC 04 03 06 (Ed. 04-84) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Where required by written agreement signed prior to loss Schedule Job Description All California Operations. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Insured Insurance Company United Pumping Service, Inc. XL Insurance America, Inc. Endorsement No. Countersigned By WC 04 03 06 (Ed. 04-84) Page 1 of 1 Copyright 1984 Workers' Compensation insurance Rating Bureau of California. All Rights Reserved. WEC300123512/31/2018 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 8 of 9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 01 10 (Ed. 1/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice: 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in PART SIX — CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All other terms and conditions remain the same. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured United Pumping Service, Inc. Insurance Company XL Insurance America, Inc. Policy No. Endorsement No. Countersigned by WC 99 01 10 Ed. 1/08 0 2007 XL America, Inc. WEC300123512/31/2018 49158864 | UNITPUM-01 | 18-19 All Lines | Alisa Lopez | 6/6/2019 11:35:12 AM (PDT) | Page 9 of 9 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR WATER TREATMENT UNITS & CONTINUOUS DEFLECTING SYSTEMS DRAIN INSPECTION AND CLEANING SERVICES UNITED STORM WATER, INC. GS1599 mend ent No. 1 is entered into and effective as of the / ~ay of --~....:::.....---=:.=..---1-J"------' 2018, extending and amending the agreement dated August 23, 2 reement") by and between the City of Carlsbad, a municipal corporation, ("City , and un· d Storm Water, Inc., a California corporation ("Contractor") (collectively, the "Parties") for Water Treatment Units & Continuous Deflecting Systems Drain Inspection and Cleaning Services. RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year; and 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 August 23, 2019, on a time and materials basis not-to-exceed sixty thousand dollars ($60,000). 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. Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 " GS1599 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 UNITED STORM WATER, INC., a California corporation By: ,,.. ,t I // ,_./ V ~ ( l,/\ (sign here)\; Eduardo Perry Jr., President (print name/title) (sign here) Robert Pina, Secretary/Treasurer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California rd / City Manager ATTEST: fi~L&-,_,~ BARBARA ENGLESON City Clerk 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 1 /30/13 2 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton & CompanYi CONTACT NAME: 3475 E. Foothill B vd., Suite 100 r.~~NJn Cv>I· /626) 799-7000 I FAX /626) 583-2117 !A/C Nol: Pasadena, CA 91107 E-MAIL ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# www.boltonco.com 0008309 INSURER A: Greenwich Insurance ComDanv 22322 INSURED INSURER B: XL Insurance America Inc. 24554 United Pumpiw Service, Inc. INSURERC: XL SDecialtv Insurance ComDanv 37885 United Storm ater, Inc. 4 Lease, Inc. INSURER D: Indian Harbor Insurance Comoanv 36940 14000 East Valley Blvd. INSURER E: City of Industry CA 91746 INSURER F: COVERAGES CERTIFICATE NUMBER: 42494614 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 ,;~Mi~, ,:~.!ii~, LTR TYPE OF INSURANCE ···~~ ••n,n POLICY NUMBER LIMITS A _L_ COMMERCIAL GENERAL LIABILITY I GEC3001234 12/31/2017 12/31/2018 EACH OCCURRENCE $1 000 000 D CLAIMS-MADE w OCCUR DAMAGE TU RENTED PREMISES !Ea occurrence l $50 000 _L_ Pro~erty Damage Ded $25,000 MED EXP (Any one person) $5 000 _L_ Bodily lnjui:y Ded $25,000 PERSONAL & ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl POLICY [2J ff& DLOC PRODUCTS -COMP/OP AGG $2 000 000 OTHER: $ B AUTOMOBILE LIABILITY AEC0048938 12/31/2017 12/31/2018 COMBINED SINGLE LIMIT $1 000 000 !Ea accident\ ~ AEC0048939 12/31/2017 12/31/2018 _L_ ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY -AUTOS _L_ HIRED _L_ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY !Per accident\ Ded Como & Collision $1 000 C UMBRELLA LIAB H OCCUR UEC004894 12/31/2017 12/31/2018 EACH OCCURRENCE $15 000 000 ~ I EXCESS LIAB CLAIMS-MADE AGGREGATE $15 000 000 / OED I I I RETENTION $10,000 $ C WORKERS COMPENSATION I WEC3001235 12/31/2017 12/31/2018 I I ~~fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 N/A E.L. EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1 nnn nnn If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1 000 000 D Pollution Liability PEC0048963 12/31/2017 12/31/2018 15,000,000 Each Claim/ $25,000 (Ded) D Professional Liab -Claims Made PEC0048963 12/31/2017 12/31/2018 15,000,000 Each Claim/ $25,000 (Ded) DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL Additional Insured applies per CG20100413 & CG20370413 attached, only if required by written contracUagreement. GL Primary & Non-Contributory applies per XIL4240605 attached. WC Waiver of Subrogation applies per WC043060484. GL, Auto & WC Notice of Cancellation per IL00171198 & WC9901101 C Additional Insured: City of Carlsbad 8. CERTIFICATE HOLDER CANCELLATION Citj of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 16 5 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008-7314 AUTHORIZED REPRESENTATIVE ~ I Cassandra Rosales © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 42494614 I UNITPUM-01 I 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3:10:08 PM (PDT) I Page 1 of 9 POLICY NUMBER: GEC3001234 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 Organization(s) Location(s) Of Covered Operations Any person or organization where required by written All Locations as required per written contract. contract provided that such contract was executed prior to the date of loss. 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 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 42494614 I UNITPUM-01 I 17-18 GL, Auto, Umb, we, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3:10:08 PM (PDT) I Page 2 of 9 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 42494614 I UNITPUM-01 l 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3:10:08 PM (PDT) I Page 3 of 9 POLICY NUMBER: GEC3001234 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 IAny person or organization where required by written All Locations as required per written contract., ~ontract provided that such contract was executed prior ~o the date of loss. 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 42494614 I UNITPUM-01 ] 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3:10:08 P~ (PDT) I Page 4 of 9 ENDORSEMENT# This endorsement, effective 12:01 a.m.,1213112017, forms a part of Policy No.GEC3001234 issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 42494614 I UNIT?'JM-01 I 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3:10:08 PM (PDT) I Page 5 of 9 GEC3001234 IL 00 1711 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 42494614 I UNITPUM-01 I 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3:10:08 PM (PDT) I Page 6 of 9 D AEC0048938 AEC0048939 IL 00 1711 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 42494614 I UNITPUM-01 ! 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez j 6/12/2018 3:10:08 PM (PDT) I Page 7 of 9 D WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice: 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in PART SIX -CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All other terms and conditions remain the same. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/31/2017 Insured United Pumping Service, Inc. Insurance Company XL Insurance America, Inc. WC 99 0110 Ed. 1/08 Policy No. WEC3001235 Endorsement No. ~~ Countersigned by ____________ _ 0 2007 XL America, Inc. 42494614 I UNITPUM-01 I 17-18 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3:10:08 PM (PDT) I Page 8 of 9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 04 03 06 (Ed. 04-84) 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 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Where required by written agreement signed prior to loss All California Operations. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/31/2017 Insured United Pumping Service, Inc. Policy No. WEC3001235 Insurance Company XL Insurance America, Inc. Countersigned By Endorsement No. WC 04 03 06 (Ed. 04-84) Copyright 1984 Workers' Compensation insurance Rating Bureau of California. All Rights Reserved. 42494614 \ UNITP'JM~Ol I 17-18 G.:.., Auto, Umb, we, POLL, Prof Liab I Alisa Lopez I 6/12/2018 3 :10:08 PM (PDT) I Page 9 of 9 Page 1 of 1 GS1599 AGREEMENT FOR WATER TREATMENT UNITS & CONTINUOUS DEFLECTING SYSTEMS DRAIN INSPECTION AND CLEANING SERVICES UNITED STORM WATER, INC. / THIS AGREE ENT is made and entered into as of the 2,3r-,1. day of -.i_.<l.......0...!..J"""l....,l!,.,&;.:!o...l....cf__ ___ , 2017, by and between the CITY OF EA'"RL§'BAD, a municipal corporation,-City"), and UNITED STORM WATER, INC., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in inspecting and cleaning storm water drainage structures and treatment control drainage structures including continuous deflecting systems (CDS units) water treatment units (WTUs). B. Contractor has the necessary experience in providing professional services and advice related to inspecting and cleaning storm water drainage structures and treatment control devices including continuous deflecting systems (CDS) and water treatment units (WTUs). 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 three (3) additional one (1) year periods or parts thereof, in an amount not to exceed sixty thousand dollars ($60,000) per agreement year. 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 not exceed sixty thousand dollars ($60,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed sixty thousand dollars ($60,000) per City Attorney Approved Version 2/29/16 GS1599 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". 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. City Attorney Approved Version 2/29/16 2 GS1599 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, 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: City Attorney Approved Version 2/29/16 3 GS1599 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 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 2/29/16 4 For City Name Clayton Dobbs/Danny Goggin Supervisor/Senior Storm Drain Title Worker Public Works Gen. Department Services ---------- City of Carlsbad Address 405 Oak Ave. Carlsbad CA 92008 Phone No. 760 434-2980 GS1599 For Contractor Name Daniel C. Perry Title Vice President Address 14000 E. Valley Blvd City of Industry, CA 91746-2801 Phone No. 626 890-7073 Email Dan p@unitedpumping.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 four categories. 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 2/29/16 5 GS1599 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 2/29/16 6 GS1599 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 Ill Ill City Attorney Approved Version 2/29/16 7 GS1599 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 UNITED STORM WATER INC., a California corporation By: I Daniel C. Perry, Vice President (print name/title) (sign here) Robert Pina, Secretary/Treasurer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Byv.---r KEV~ FORD I City ager ATTEST: \ J~Kn1L~ /- BARBARA ENGLESON ll City Clerk 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 2/29/16 8 ACKNOWLEDGMENT 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 Los Angeles On August 8, 2017 before me, Lillian Valdivieso, Notary Public (insert name and title of the officer) personally appeared _D_a_n_i_e_l _C_P_e_r_ry ____________________ _ 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(+es), 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 TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L /[_ [t 1/u;e ii_; (Seal) LIiiian Valdivieso Comm.12142550 Notary Pwblic California ~ Los Antaeles County ColM\.--feb29, 2020 ACKNOWLEDGMENT 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 Los Angeles On August 8, 2017 before me, Lillian Valdivieso, Notary Public (insert name and title of the officer) personally appeared _R_o_b_e_rt_P_in_a _____________________ _ 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/shetthey executed the same in his/her/their authorized capacity(+es), 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 TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I ' I I l I .• Signature LA..,,LL l/4l; /'/{ J, L>1t.. (Seal) EXHIBIT "A" SCOPE, SCHEDULE AND COST OF SERVICES All traffic control permits must be acquired by the contractor. GS1599 All Cal OSHA standards required to be enforced by the contractor. Including confined space entry requirements. TCBMP/ HIGH PRIORITY/ POOR STORM DRAIN CLEANING (Hydrocarbon booms and any other TCBMP's installed) 1. Meet with city representative daily to go over locations, paperwork and before & after pictures 2. Install traffic control as needed per MUTCD 3. Clean entire storm drain structure and debris basket of all debris sediment and trash 4. Remove and replace hydrocarbon booms. New hydrocarbon booms will be supplied by the city. 5. Properly disposal of hydrocarbon booms per regulations 6. Deposit debris and sediment at city specified site 7. Decant liquids utilizing approved filter sock at specified locations 8. Enter all data on city supplied inspection form 9. Confined space entry maybe required per OSHA regulations 10. City reserve the right to inspect and approve all work performed prior to issuing payment 11. Water and debris must be removed with a vacuum system at the site, not allowed to go into the conveyance system WTU/CDS UNITS 1. Meet with city representative daily to go over locations, paperwork and before & after pictures 2. Traffic control as needed per MUTCD 3. Clean entire CDS unit of all sediments, trash and debris 4. Recapture all cleaning water with a vacuum recovery system 5. Deposit debris and sediment at city specified site 6. Decant liquids using approved filter sock at specified location 7. Enter all data on city supplied inspection form 8. Confined space entry maybe required per OSHA regulations 9. City reserve the right to inspect and approve all work performed prior to issuing payment City Attorney Approved Version 2/29/16 9 GS1599 ON-CALL SPOT CLEANING 1. Traffic control as needed per MUTCD 2. Clear blockages, remove all sediments and debris in storm drain as directed by city staff 3. Recapture all cleaning water with a vacuum recovery system 4. Must respond within 24 hours of initial contact from contract manager or city designated employee 5. Deposit debris and sediment at city specified site 6. Decant liquids utilizing approved filter stock at specified location 7. Confined space entry maybe required per OSHA regulations 8. City reserve the right to inspect and approve all work performed prior to issuing payment Scope of Work United shall provide all materials, labor, and equipment to inspect and clean storm water catch basins as directed. Prior to start of work cleaning crew will have a tailgate meeting to go over project scope, traffic control and all the possible hazards that may occur during the cleaning process. Such as, slips, trips and falls and where the nearest hospital is located in case of an emergency. Traffic control will be setup as needed in high traffic areas. Permits United will obtain the project required traffic and encroachment permits. All other project related licenses and certifications required for the lawful execution of the contract are already in place. United will acquire any needed permits for this project. Procedure All work will be performed in a timely manner per a schedule and route that has been pre- approved by the City. United's Project Manager will ensure that all customer needs are satisfied, and will approve or reject the work performed and methods used. All Field Personnel will be uniformed with name of company and employee name identified on their clothing. Uniforms include safety orange jumpsuits, reflective safety vests, and Level C PPE at a minimum. United will ensure that the following cleaning procedures will take place: • No trash and debris located immediately in front of catch basin opening, and on top or between metal grates • No vegetation blocking catch basin opening • No trash and debris within the catch basin Work will be performed in a manner that abides by all OSHA, and City safety codes, policies, and procedures as well as all local, state, and federal environmental and storm water regulations. The appropriate safety equipment and procedures will be utilized for the protection of all service staff, customer staff, and the public. No discharges of any material will be allowed to enter the storm water conveyance system and United's service staff will be equipped with appropriate spill kits in the event of any accidental release or spill. Should an accidental non-permitted discharge occur United will immediately contain and clean the release and inform the Authority's Representative. During service operations if chemicals or hazardous waste are found the Authority will be notified immediately, and a determination will be made on a case-by-case basis on how the situation will be addressed. City Attorney Approved Version 2/29/16 10 GS1599 Cleaning Schedule Project timelines are outlined below and final scheduling (dates) will be determined based on City needs (prioritized schedule) and United's availability once all permits are in place. For catch basin cleaning the following equipment will be used. • Catch Basin Cleaning Services (TCBMP/High Priority) o To be cleaned on consecutive days o Will require approximately (10) work days to complete if (1) 2-man crew is used o Will require approximately (5) work days to complete if (2) 2-man crew is used o Residential Industrial Vactrons 800 gal-wet & dry vacuum with a 700 psi water based pressure gun will be used to clean out each catch basin and filter unit. Material will be disposed at city yard at the end of the day. • CDS Units o Will be performed on consecutive days within 5 business days pending verification of model numbers of devices to be maintained. o Heavy Industrial Presvac Vactor 3000 gal-high dump wet & dry vacuum will be used to clean out each unit and material will be disposed at city yard at the end of the day. • On-Call Spot Cleaning o Will be performed as needed within request for service per the RFP. o Type of equipment to be used on spot cleaning will be determined on the scale of the spot cleaning and what is agreed upon between United and the City. United will be able to mobilize as soon as two weeks after receipt of notice to proceed. The Project Manager assigned will be available twenty-four hours per day, seven days per week throughout the duration of the contract including weekends and legal holidays. Inspection and cleaning services will be performed between 7:00 a.m. and 4:00 p.m. Mondays through Fridays or as directed by the City. City Attorney Approved Version 2/29/16 11 GS1599 EXHIBIT "A" Contractors Proposed Cost of Services **Estimated Item No. Descriotion Quantitv and Units Cleaning the storm drain (TCBMP) and 1. installation, removal 200** & disposal of hydrocarbon booms Cleaning high priority 2. 150** storm drains 3. CDS units 8** Spot cleaning catch 4. 1** basins 5. Contingency 1 6. Estimated Total *Base unit cost utilizing singular occurrences. **Estimated number of structures 12 Unit Price Total $65.00 $13,000.00 (multiply price per (Price per Unit)* unit by 200) $65.00 $9,750.00 (multiply price per (Price per Unit)* unit by 150) $3,808.00 $30,464.00 (multiply price per (Price per Unit)* unit by 8) $500.00 $500.00 (multiply price per (Price per unit)* unit by 1) $6,286.00 $6,286.00 IG0I000.00 City Attorney Approved Version 2/29/16 Exhibit "B" ORI<;i_INA!:,J REQUEST FOR PROPOSAL DRAIN/CDS INSPECTION & CLEANING SERVICES RFP NO. 17-17 City of Carlsbad Public Works Department 405 Oak Avenue Carlsbad, CA 92008 Submitted by A _,, UNITED SI ORM WATER INC. 14000 E. Valley Blvd. City of Industry, CA 91746 Daniel Perry Jr. Sales Representative 626/ 961-9326 Office 626i 961-3166 Fax 626/ 890-7071 Cell danny@unitedstormwater.com Due Date: April 17, 2017@ 5:00 p.m. Clayton Dobbs City of Carisbad Public vv·orks Departrrient 405 Oak 1\venue Ca,;sbad CA 92008 Subject. Drain/CDS inspectio~: g Cleaning Services Dear rv1r. Dobbs United Storm Water. i·1c. \ United} is pleased to submit the enciosed response io the RFP for Drain/CDS inspection ano C!e;1r~;ing Sen.,lces. United has vast experience providi:1g the services relative to this request) and cur firn7 and proposal n1eet air the quaHficat!o~s and requi;ernecns of the:; RFP United Storm \/Vater1 Inc. 14000 E. Valley Blvd,. Industry, CA 91746 Tel. 626! 96'1-932(1 Fax 626/ 961-3166 W\V\V. unltedston-nwate r. com 2) !ndlvidJa! t0 Co~tact for Clarification: Danie! Perry Jr. Sales Representative Project ~1tanager 626/ 890- danny@ur:itedston11vvater.corn 3) lndividual A,uthorized to Negotiate Con:ract: Daniel C. Perry \/ice President 626/ 890-7073 dan_p@!unitedpurnping.cor-;; 4) Organization of Finn: S-Corporatio~i 5) Officers Eduardo Perry Jr . President Daniel C. Perry. Vice President Robert Pina, Secretary/Ti--easurer 1 I 14000 E. Valley Blvd., City of industry CA 9"1746-2801 , Toll Free (877) 71-STOR~.Jl · Fax (626) 961-3-166 wwvv.unitedstorrnwater.com ::,i Ur;ders:anding of ReqJestecJ Services: United shall render to the City of Carlsbad the se~.rices set fotih ln trie Drain/CDS inspection and C!eani;;g Services RFP dated fvla;ch 15, L:017. United is a qua!if:ed LT~; ·vviu~, eighteen 18) years dernonstrated experlence and expertise in st.Jrtn ·water conveyance ciean:ng services and has successfu!iy provided these services to nurnerous public agencies in the past United shad provide a!l rnater-la!s. labor: and equiprnent to inspect and c:ean the storrn 1Nater conveyance system per t:e R.FP Trils ·~vork lnciudes the rernova: of aL accurnu!ated spoii rnater:a! and standing \F1ater frorn approxirr.ately (200) -,-reatr;1ert Co1trc! Best Managernent Practice \TC8fv1P) devices including hydrocarbon boon1 replacen1ent cleaning of ap;:ircx1rnateiy (150) high priority storrn drains; cleaning of approximately (8) tr·eatment control devices rnanufactured by Contech Engineered Solutions (Vcrtechs) CDS); as-needed spot cleaning of catch basins; and traffic controi required tc perform requested ser.1ices. Rep!acernent hydrocarbon booms v1di be supp!!ed by the City, Ail cleaning events 'vviH be documented using a City provided inspection forrn to include before and aftei~ cleaning photographs. All extracted liquid and soLd \Vaste v1il! be offloaded at the Clty Yard and all re;ated permits; contain:-nent blns: and dis~osa! fees v1ii! be the responsibiitty of the City \/Jerk 'SUI be pertorn1ed on a scheduled \1-tin--;e yearly for bid ltems 1 thru 3) and as-needed (bld !tern 4) basis and/cy per cus~orner request. The Cfty may reqL:est U;:ited to pertorrn extra services not covered ln the RFP at a cost that is mutuaiiy agreed upon by both parties in writing. The City anticipates a contract for one year with an optlon for four ore- year extensions. r1ay be exerc;sed at the sole discretio11 of the City. This project is subject to compliance rnonitoring and enforcen1ert by tf"1e Departrnent cf Industrial Relatons and prevaliing \Nage rates appiy Subcont~actors: Urdted vvd; perforrn ad 'nork required ln this F:FP utilizing its CPNn iabor ancl ec1uipment vvtthout tne use of subcontractors 81 A,yeernen'. Exception. Uni~ed does no: take exception to :he RFP 9) Contractor Classification: United nc;ds en act;ve Class '·A·\ contractor l:Cense \Vlth a Ht\Z enci.orsernent (see attact1ed Lcense Lnited Storm VVater offers quality service H1at a!ds public agencies to remain in corr1piiance \'v'itil iocal and regional stcrm \vater regulations in a professio:ia! and vvorkmanHke manner. United is a firrn '1Vf°"10 !s a leader in its industry ar:d :s alv~iay's evoivlng to provide its customers \Vith leading edge so!utlcns at the best possible price. :~dditionaly, our firm is a Certified rv1aintenance Proider fer the Contect1 products requiring service, Thank you for your cors!derat;or-! cf ou:· proposal~ Danie! C. Peny \/ice President 14000 E Valley Blvd., City of Industry, CA 91746-2801 , Toll Free (877) 71-STORM • Fax (626) 961-3166 www.unitedstorrnwater.com Statement of Qualifications Organization Chart Contractor License DIR Registration AHACHMENTS 31 STATEMENT OF QUAUFICAT!ONS----UNiTED STORM WATER, !NC. Company Experience & Qualifications United Storm Water is a fully qualified 24-hour environmental remediation, transportation, and storm water management contractor United Storm Water has been in business since 1999 (18 years) and was incorporated by the owners of United Pumping Service who has been among the forerunners in hazardous waste transportation and 24-hour emergency spiil response since 1970 (47 years). These family owned and operated minority business enterprises are true pioneers in hazardous waste remediation and storm water management, and are experienced in offering reliable turnkey services to their clients in an innovative and responsible manner. United Storm Water was the original firm who was contracted to design and imp!ernent what was at the time the largest storm water remediation project in the United States and has been developing specialized services in storrn water management as the industry contlnues to evoive. United's team includes experienced individuals that have been successful with United Pumping Service for 47 years United Storm Water is the experienced and qualified 24-hour storm water management Contractor that you can rely onl Providing storm water management services tMt include storm drain inspection and monitoring, cleaning, emergency response, and a robust documentation program, United Storm Water offers proactive means of complying with the numerous iocal, state, and federal regulations that govern illicit storm waier discharge. Since 1999 United Storm Water has aided government agencies nationwide in reaching their trash Total Maximum Daily Load (TMDL) limits Cleaning thousands of storm drain conveyance systems every year, and designing. fabricating and installing custom made structural BMPs throughout the USA, United Storm Water is considered expe11s in their fie!d. A strong financial position and bonding capability and a sound reputation with clients and vendors alike assures clients that United Storm Water is capable of successtuliy completing any project taken on and that we stand ber,ind our work. Licenses & Permits United Storm Water is a general engineering contractor with ihe proper licenses, permits, and approvals to perform the scope of work required for this project (hazardous and/or non-hazardous waste). Additionaly, or firm is a Certified Maintenance Provider for the Contech products (CDS, Vortechs) requiring service: ., California Contractor's Board License Number: 768583 ,c, --General Engineering HAZ -Hazardous Substance Removal and Remediai Actions Contractor C21 -Building Moving/Demolition Contractor C27 -Landscaping Contractor o C31 -Construction Zone T raffle Control Contractor C42 -Sanitation System Contractor • Waste Coilector Permit (Issued by LA County Department of Public Health): Temporary Approval • Environmental Protection Agency identification Number: CAR00006493 i • Authorization to Operate a Transportable Treatment Unit (TTU): USWDW1 • Hazardous Waste Transporter's Registration (Issued by DTSC): 4034 • Hazardous Materials Transportation License (Issued by CHP): 132487 • Hazardous Materials Certificate of Registration Number (Issued by DOT): 072915 550 016)( • Motor Carrier Permit (Issued by OMV): 0203159 Financial Stability ,A. strong financial position and bonding capability, and a sound reputation wiih customers and vendors alike assures clients that United Storm Water is capable of successfully completing any project taken on and that we stand behind our work. United Storm Water currently holds sufficient insurance coverage to perform the scope of work. 1\ surnmar1 of our bonding and insurance capacities are indicated below. Certificate of Liability Insurance naming the customer as additional insured available upon request: 4! Bonding Agent: Bonding Company: Bonding Capacity: insurance Agent: Insurance Company Primary Staff Commercial Surety Bond .A.gency Sierra SumrnitiArch Insurance Company $11,000,000 Bailon & Company Greenwich !nsurance Company Staff Size & Organization Structure United Storm Water and United Pumping Service share the same 8-acre property in the City of Industry that houses a large corporate office and fleet yard Together they have effectively planned, managed, and delivered the professional, reliable, and innovative services that our customers deserve for over a decade. All our employees are on-cail 24--hours and our field staff is comprised of 27 Drivers, 27 Supervisors and Technicians, and 12 Project Managers. The customer is invited to contact any of our references and or past clients to confirm the level of service and professionalism that United is known for An organization chart showing the communication/reporting relationships among contract staff is attached hereto. Key Personnel United Storm Water has all the manpower in place for providing reliable services as required by this RFP without the use of subcontractors. The following Key Personnel will be assigned to this contract and will be available for its duration, and no person designated shall be removed or replaced without the prior written concurrence of the Authority. • Project Manager: Daniei Perry .Jr. • Alternate Project Manager: Justin Weiham • Field Staff: To be determined "' Contract Coordinator: Dana De Guzrnan We will employ a project management system for ensuring safe, legal, and accurate results for this contract Key personnel to be assigned lo the work have been identified and their capabilities and proposed responsibilities are indicated below: Project Manager Daniel Perry .Jr., Project Manager/Sales l~epresentative for Uniied Storm Water, wi!i have fuil responsibility for the contract and will coordinate with the Authority, and all other proiect team members to fulfill service requests. Daniel has coordinated the services required by this RFP for other public agencies in the past and is thoroughly familiar with industry standards for storm drain rnaintenance, environmental protocol, and agency expectations. Mr. Perry's invoivement in the management of this project wii! be key to its success and he wiil be on-call 24-hours. "' Experience Since 2002 • B.S. Degree in Business Management • Class A Driver with Hazardous Waste Endorsements • 40-Hour OSHA HAZVVOPER Certification and OSHA Certified Trainer (8-Hour Yearly Refresher) • 30-Hour OSHA Training in Construction Safety & Health • CPR/First Aid/AED Certification and OSHA Certified Trainer (8-Hour Yearly Refresher) • Completion of e-RAILSAFE System Program & Background Check • Caltrans Traffic Control Training • DOT Certification Alternate Project Manager Justin Welham, Project Manager/Sales Representative, will ser\/e as an alternate in the absence of Mr. Perry. Mr. Welham's experience and training are as follows: • Experience Since 2000 ,. 40-Hour OSHA HAZWOPER Certification (8-Hour Yearly Refresher) • 40-Hour Hazardous Materials and Safety in the Workplace Training Program 51 ., 30-Hour OSHA Training in Construction Safety & Health • ~4-Hour SWPPP Certification • CPR/First Aid/AED Certification (8-Hour Yeariy Refresher} • Completion of e-RAILSAFE System Program & Background Check • Caltrans Traffic Control Training • 24-Hour Permit Required Confined Space Rescue (8-Hour Yearly FMresher) • Excavation & Trenching for Cornpetent Person • DOT Certification Field Supervisors/Inspectors ,i\ Uniied Storm Water Field Supervisor wil! oversee all maintenance operations. The Field Supervisor will ensum compliance with ail applicable laws (federal, state, and local}, ordinances and regulations. and will coordinate with United's ProJect Manager to ensure that all customer needs are satisfied, and wili approve or reject the work performed and methods used. See Service Staff section below for training and education. Contract Coordinator Dana De Guzman, Contract Coordinator for United Storm Water, will oversee aH scheduiing and administrative support staff. Mr. De Guzman wiil coordinate with United's Project Manager and field staff to ensure that projects are completed as scheduled. He will be responsibie for preparing packets tor field crews (work sheets, maps, manifests, work orders), directing crews to ensure that ser1ices are being performed as planned, and he wii! ensure that reports are completed accurately and on time. Service Staff Our highly experienced, professional service staff are trained and medically monitored in accordance with O.S.HA Title 29 CFR 1910.120 to conduct tasks involving the handling of or exposure to hazardous materials, substances. or waste including. Copies of HAZWOPER training certificates tor all ProJect Management and Service :Staff personnel are available upon request • 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training .. DOT Certification • 8Ioodborne Pathogens Training • Medical Surveillance Program • 0 M.V. & D.O.T Drug 8~ Driving Record Programs ,. CPR & First Aid Training • UveScan (Reqwred by Transportation Security Administration) Work Plan United Storm Water's corporate office is located in the City of industry, Caiifomia, and we have successfully performed services of a similar size and nature to that described in the RFP for numerous cities throughout Ca!ifornia. Thc:re will be one Project Manager assigned to ihe contract who will be on-call 24-hours, and ser.Jice staff that has experience maintaining the subject BMPs wili be utilized for efficient performance of services. United shali provide ail materials, labor, and equipment to inspect and clean the storm water conveyance system per the RFP. This work includes the removal of all accumulated spoil mateda! and standing water from approximately (200) Tmatment Control Best Management Practice (TCBMP) devices including hydrocarbon boom replacement; cleaning of approximately (150) high priority storm drains; cleaning of approximately (8) treatment control devices manufactured by Contech Engineered Solutions (Vo1iechs, CDS): as-needed spot deaning of catch basins; and traffic control required to perform requested services. Replacement hydrocarbon booms wii! be supplied by the City All cleaning events wiil be documented using a City 61 provided inspection form to include before and aiter cleaning photographs. Ali extracted !iquid 0nd solid waste will be offloaded at t!1e City Yard and all related permits, containment bins, and disposal fees will be Hie responsibility of the City. The following is a proposed outline of activities that will be undertaken tor executing this project Submit Insurance Requirements Attend Contract Kick Off Meeting ·------·-·--·------·-·-----··--. ------·· ---. -------------·---··--------------------. Obtain Storm Drain fv1aps from City's Representative Meet With City Regarding Prioritized Schedule Perform Project Planning and obiain Traffic & Encroachment Permits as Needed Project Manager, Daniel Perry Jr.& Dana De Guzman Conduct Fie!d Tailgate Meetinn/Training Project r-Aanager, Danie! Perry Jr. ··-·---.. -----·-·--·-----·· -----. -·--------. Perform Storm Drain Maintenance Services i Service Staff Perform Quality ,l\ssurance Durin9 Maintenance --·---·-··------····-·----•••,e•,<•-----···· -----·------· -····---·--··----·----·-··-····-·--·-· Collect & Compile Required Documentation Dana De Guzman & Administrative Personnel ·--· ----····-----.----· .. ., ·--····-·------ Provide Required Documentation to City's Hepresentatlve . _Obtain lnspectorBuy-Off of Ser11icesPerforrned Submii Invoicing ....... ----·····-· --·-·· Permits Project Manager, Danie! Perry Jr Project_Manager, Daniel PerryJr ProLect_Manager, Darnel Perry Jr._ United wiil obtain the project required traffic and encroachment permits. Al! other project related licenses and certifications required for the lawful execution of the contract are already in place. Equipment United will provide confined space entry equipment as needed at each sitr~. Confined space entry equipment will include at a minimum an air monitor, air blower (if existing venti!ation is insufficient), parachute harness, safety harness. and a tripod man lift hoisting device for lifting employees out of the space Personnel are safety watch trained in first aid and cardiopulmonary resuscitation (CPR) with effective means of cornmunication between employees inside a confined space and cell phones wiil be onsite. A Site Health & Safety Plan will be reviewed by ail crew members and signed acknowledging compliance while working ai the site. fl. Confined Spaw Entry Permit will be cornpiE.'ted for each permit required site wh(jre entry is mquired. Protocol 1'.\II work will be performed in a timely manner per a schedule and route that has been pre-approved by the City There wiil be a Field Supervisor assigned to this project who will oversee ali services rendered. The Field Supervisor will ensure compliance with all City operating requirements, applicable laws, and regulations (federal, state, and local). The Field Supervisor will coordinate with United's Project Manager to ensure that a!I customer needs are satisfied, and will approve or reject the work performed and methods used. Ali Field Personnel will be uniformed with name of company and employee name identified on their clothing. Uniforms include safety orange Jumpsuits. reflective safety vests, and Level C PPE at a minimum. The following Los Angeles County cleaning standards will be adhered to at ail Hmes: • No trash and debris located immediately in front of catch basin opening, and on top or between metal grates 71 • No vegetation blocking catch ba:;in opening ,. No trash and debris within the catch basin • No trash and debris in connector pipe opening and/or in the connector pipe for a distance of 6 feet from the opening • No trash and debris inside the filtration basket or on metal screens of catch basins retrofitted with baskets or metal screens .. No trash and debris on CPS (Connector Pipe Screens) \Nork will be performed in a manner that abides by ali OSHA, and City safety codes, policies, and procedures as weli as ali locaL state, and federal environmental and storm water regulations. The appropriate safety equipment and procedures will be utilized for the protection of a!I service staff, customer staff. and the public. No discharges of any material will be allowed to enter the storm water conveyance system and United's service staff will be equipped with appropriate spill kits in the event of any accidental release or spill. Should an accidental non-permitted discharge occur United will immediately contain and ciean the release and inform the Authority's Representative. During service operations if chemicals or hazardous waste are found the Authority will be notified immediately, and a determination will be made on a case-by-case basis on how the situation wi!i be addressed. Quality Control United Storm Water will perform all work under this Contract, taking necessary steps and precautions to ensure that se:vices meet ihe satisfaction of the City. United will provide a professional quality of services, technical assurance, and all work will be performed diligently, carefuliy, and in a good and workman-like manner. To this end all inspection iogs wiH be reviewed for quality assurance prior to submitting deliverables, and any errors will be corrected. /'.\dditionally, United's Project Manager will assign a Field Supervisor who will oversee all inspection and maintenance operations. The Supervisor will ensure compliance with all applicable laws (federal, state, and local), ordinances and regulations, and wili coordinate with the Project Manager to ensure that all customer needs are satisfied and that documentation is accurate. Schedule Project timelines are outiined below and final scheduling (dates) will be determined based on City needs (p1·ioritized schedule) and United's availability once aH permits are in place. • Catch Basin Cleaning Services (TCBMPiHigh Priority) u To be cleaned on consecutive days " WiH require approximately ( 10} work days to complete if ( 1) 2-man crew is used , , Wili require approximately (5) work days to complete if (2) 2-man crew is used • CDS Units ,, Will be pe1iormed on consecutive days withm 5 business days pending verification of model numbers ot devices to be maintained. The model numbers provided by the City during the question and answer period are not consistent with CDS nor Vortechs devices manufactured by Contech Engineered Solutions. ,. On-Call Spot Cleaning Will be performed as needed within (3) days of request for service per the RFP United will be able to mobilize as soon as two weeks after receipt of notice to proceed. The Project Manager assigned will be available twenty-four hours per day, seven days per week throughout the duration of the contract including weekends and legal holidays. Inspection and cleaning services wiH be performed between 7:00 a.m. and 4:00 p.m. Mondays through Fridays or as directed by the City. f::.fillipment to Pertorm Services Resources United is a 24-hour service provider with ail the staff, equipment, permits and licenses in place for beginninq the work required for this project immediately without the use of subcontractors. United owns and operates a wide variety of equipment required 81 for storm drain cleaning, s1ructural BMP maintenance, siuc!rJe dewatering, traffic control, excavation and emergency response including yet not limited to the foilowing: 3 9 14 4 ·-. -·--·-··· -11 I I _ Heavy lndustriai Vactor JeHers __ Heavr_ Industrial Vac_t2r~_ __ _ _ __ _ _ _ _ Residential Industrial Vactrons Portable Jetters 1 Rodder Truck .. -· t-·-·· ---··--·-·---------------··-·-. -·-.. ··-· .. ----- i End Dump & Rol!-Off Trucks -·. ~ -----r-··----------·--·----·---.---.-- 700 _ i_B2-~:9Jf~_Qewatering ~ins 21 Vacuum Trucks 24 6 3 20 12 'l'. v 8 2 -·-·'"·----·-------·--····-·--·----·-··---~-------···--. -· _______ ., ____ ... Stakebed Trucks --·--· -------·---·---·-----···----- [)ry\/~11~ _ ----. ----------------- Drop Deck_& Flatbed Trailers _ ______ ______________________________ _ _ Portable_Uquid _Storage_Tanks (2,000 gal to 10,000aai capacity)_ .. Various_ Washing EctuipmentiPressure Washers _ tJyi:J_r·Q~~r~_High Pr~s_s1.1re ~_eateclVVash Units _ Forklifts ( 4,g991~_tQ 1?,QQQ_L~-~~p_§~ity) _ Kabota 4-WD Tractor Front End Loader ··-·---------·-·"·------·-· ----------·-------------· -.. -···· - 9508 Cat Loader ---·---------·-··-_1i·!:~-~6~~;c[;~~er--------- -----~~~i;~:Ja~~!~rawlerLoader __________ ... _________ _ 10 -[\Vilden M-8 toM-15 Pumps 4 ! Six Person Air Purification Panels 12 ] Flood Lights w/Generators -__ ... __ _ _ _ 12 __ j_ Arro~_BQ9~ds, _fr_?i!e~ ~QU11_\E;d_ wi(~eJ:era_tor~ ~000 _ _ Refl~c_t~v_e Tr~f~c Co~~~'--~?ll!!~ns_i~P.Prov_ed _ ___ _ __ _ 250 Delineators, Caltrans Approved ·150 ~arr_i~9des _Ca[t@~l_s -~12prov~d_ WamiQg_J1ght~_ I_yp~~-A _ B, and C 200 i /1.ssociated Construction, Safety, and Directional 1 [ . Bio--Hazard Trailer -. . -. ------------~---------·----- -+-------------·----·-··· -· -···· ---------. L__ j ~nierg_E;ncy Comrr1,.md Center 1 i_Emerg_ency Response Center _ _ ______ _ __ _ 5 ___ ! _Emergency Hesponse Utility Vehicles _ _ ______ _ ___ : __ Other_SpecializedEquipment _______________ ... __ _ __________ _ t 24-Hour ,u,ccess to Rental ~g~ipf0_~!1l_in thetv1arkf::t Place _ QI ~1 Proposed Equipment United Storm Water may utilize the following equipment to perform the ser1ices required per the RFF'. Final equipment selection wi!I be based on sizes and conditions of the devices to be maintained: Innovations ---------------------------- Residential Industrial Vactron • Project tHiHzation: -Curb inlet and drop in!et BMP maintenance -Other BMP rnain!enance tJased on depth of device • Specs: -800 ga! wet & dry vacuum -700 psi water based pressure gun _______________ _J Heavy industrial Vactor o Project Utilization: --CDS & Vortechs maintenance based on depth of device • Specs: -3000 gaL high dump, wet & dry vacuum -Vacuums at 2940-4721 cu ft/min -Hi-rail equipped for operation on railroad tracks United's innovative storm water solutions address a broad spectrum of enviromnental areas ranging from structura! bost management practice (BMP) products tc storm water management, porous pavement installation. sludge dewatering, excavation, and emergency spili response services. Our custom made DrninPaciM Storm Drain Filter Insert is proven to reduce the level of debris, heavy metals, and petroleum hydrocarbons from storm water effluent. Our Curb !niet Screen Covers and made to order Connector Pipe Screen (CPS) units provide additional filtration of trash, debris, and sediment for a full trash capture system. Additionaly, United is a Certified rv1aintenance Provider for products manufactured by Contech Engineered Solutions, which assures the client that these devices wii! be maintained so that they continue to function as designed. United is a certified installer of K. B. Industries (KB!} porous pavement products (www.kbius.com). KBi created the world's first flexible porous paving in 2001 and offers a comprehensive suite of proven products and solutions to solve the toughest infrastructure chal!enges. From category leading KB! Fiexi@-Pave to new innovations in water treatment and shoreline protection, United can combine technoiogy and experience to solve problems with these innovative materials and designs. Leadership in energy & Environmental Design (LEED) certified, the KB! product !ine that United installs utilizes recycied tires for a cradle to cradle approach to soiving storm water, infrastructum, and water quality issues. Safety Record United Storm Water's current Experience Modification Rating Factor is 81%. Contractor's Proposed Cost of Service See attached Proposal Cost form, Appendix I. Prevailing wage rates apply to this contract. United is open to negotiating cost as part of the competitive bid process. 101 Added. Vaiue The City may request United Storm Water to perform extra services not covered in the RFP at a cost that is mutually agreed upon by both parties in writing. Such services may include yet are not limited to the fo!!owing: • Repair/replacement of existing storm drain inserts • Installation of additional storm drain BMPs such as DrainPac Storm Drain Filter inserts, Wing.Gate Automatic Retractable Screen Covers (ARS). and Connector Pipe Screen (CPS) full trach capture devices • Cleaning of any storm water conveyance system that is not defined in the scope of work of this RFP • CCTV inspection " 24-hour emergency spill response • Removal and disposal of hazardous waste References California became the leader in the storm water industr; after numerous cities in Los Angeles County were sued in 1995 for noncompliance vvith federai regulations Since then United Storm Water has provided government agencies with storm drain maintenance services and full trash capture devices for meeting TMDL requirements, and quickly became the go to company :n southern California. Un:ted Storrn Water has vast experience in providing storm drain maintenance services to public agencies. A, listing of relevant projects for public entities within the past (3) years is provided below: San Diego Unified Port District Address: P.O. Box ·)20488, San Diego, CA 92112-0488 Contact Person: Paul Brown Contact Phone No.: 619/ 686-7283 Email: pbrown@portofsandiego.org Contract Duration: 2003-2013, 2016 Description of Work: Prime contractor for deaning and videotaping (CCTV) storm drain lines located at marine terminals and various tideland locations within the jurisdiction of the Port. Also included maintenance of best BMPs including catch basin inserts, oil-water separators, and continuous deflection system (CDS) units, and installation of catch basin inlet filters. In 2016 United Storm Water pertormed storm drain jetting services at Port terminals as a subcontractor for our sister company, United Pumping Service, who has an existing contract with the Port for Hazardous Waste Removal and Emergency Hesponse Storm drain maintenance was performed Qr, this contract due to issues with the Ports existing storm drain maintenance contractor. City of Perris Address 101 N. D Street. Perris, CA 92570 Contact Person: Michaei Moraies Contact Phone No.: 951 / 956-2120 Email: mmorales@cityofpen-is.org Contract Duration: 2010 Present Description of \Nork: Storm drain maintenance including CCTV inspection of storm drain lines, and general cleaning and maintenance of storm drain pipes (140.000 linear feet), (360) storm drain catch basins and filters, (25) CDS units, and instaliation of BMP devices. Department of Transpo1tation (Caltrans) Mdress: 100 South Spring Street, Los Angeles, CA 90012 Contact Person: David Lawrence Phone Number: 213/ 400-6781 Emaii: david___iawrence@dot.ca.gov Contract Duration: 2012-2014 11 I Description of Work Ser.;ices were performed throughout the year for cieaning 8,500 storm drains on a scheduled basis (hazardous waste), yearly c!eaning of trouble storm drain pipes, and yearly maintenance of 52 pump stations existing on highways in Los ,Angeles County. City of Long Beach Mdress: 1651 San Francisco Avenue. Long Beach, CA 90813 Contact Person: Art Cox Contact Phone No. 562/ 570--6384 Email: arthur_cox@longbeach,gov Contract Duration: 2006-Present Description of Work Storm drain conveyance system maintenance including catch basin cleaning, as-needed emergency response storm drain pipe deaning, and pump station cleaning. City of Dana Point /l.ddress: 33282 Golden Lantern, Dana Point, CA. 92629 Contact Person f~obert French Contact Phone No. 949/ 248-3589 Email: rfrench@danapoint.og Contract Duration: 2001-Present Description of Work Prime contractor for yearly storm drain maintenance including catch basin cleaning (420), CDS cleaning (8), and as-needed storm drain pipe cleaning. 121 Roger Arellano 01sr.iatcil Manag(:"r Uf'itFd P\.irnping Ser;1ce i I Drivers Supervisors Technicians Marketing--Sales Organizational Chart Eduardo Perry Jr. Pres":dert Daniel Perry Vice Pres:dont United Purnpir,g ~ervice UnitE:d Storm Wat~r -~------~------------~! Robert Pina Sales Manager LJn:ted P.Jrnping Servic9 Lydia Perry \/1C(·) President ,\~a;hethfJ &. Sales Krista Goodman Marl<eting Assistant iJPS& lJ$W Sales Representatives ,Joe [3aHr;u,, Customer Service SLipervisor Sr. Project Manager/ Technical Advisor Ramo:1 M6n)ivar RJt,en Clar~ Pamela He:ntz /.\ntho;,y Hs:·n;:1,1ee? P;u!t Hob Estimating & Project Mgmt. Rob1?rt Boyd Art CasteHa11.Jr Ken Wt.ir'ic.iy St1mh1:tns Customer Service Representatives Valt:i,C ,':~::t· \'"/<:)'?:'"': Sales Representatives Daniel Pony Jr. JJstir: VYelham Terry Flury Sales Manage:-U1~ited. Simm Wc1ter I Bid Coordinator Mana r ... 1e-rc,~Co Contract Coordinator DnP-::! De Guzman Customer Service nepresentatives Eugene Hernandez t·if~.;. & i:-·it~iC Mar'.aner Unite,;:! Stor"n Water Field Supervisors/ Prnject Mgrnt. f-ioh}rtC CJs;il'ia:, Cesar .Jc:se Technicians RFP # 17-17 Part 1 BACKGROUND AND GENERAL INFORMATION 5.0AWARD "BEST VALUE" EVALUATION SHEET UNITED STORM ·oowNSTREAM MINIMUM CRITERIA WEIGHT WATER, Inc. SERVICES, Inc. ........ SWIMS Score Total Score fotal ··score Total Cost -total value of bid 25% 1 5 2 4 Experience -service 25% 1 4 1 4 requested Capability -when can 20% 2 4 3 3 begin work Professionalism -20% 1 4 2 3 interaction with other agencies Innovation -innovation 10% 1 2 1 2 approaches to providing services TOTAL SCORES 19 17 Note: Seventyl Environmental also bid on RFP #17-17. Then withdrew proposal. We selected United Storm Water for price considerations and experience. Total bid pricing: 3 1 1 1 1 1. Seventy One $27,826.71 withdrew proposal and backed out. 2. United Storm Water $$53,714 selected contractor 3. Downstream Services $56,917 4. SWIMMS $80,680 1 4 5 4 2 16 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/8/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton & ComP.an~ CONTACT NAME: 3475 E. Foothill B vd., Suite 100 PHONE /626) 799-7000 I FAX /626) 583-2117 Pasadena, CA 91107 IAJC No Extl: (AJC Nol: E-MAIL ADDRESS: INSURER(SI AFFORDING COVERAGE NAIC# www.boltonco.com 0008309 INSURER A: Greenwich Insurance Company 22322 INSURED INSURERB: XL Insurance America, Inc. 24554 United Pumpiw Service, Inc. INSURERC: XL Specialty Insurance Companv 37885 United Storm ater, Inc. 4 Lease, Inc. INSURERD: Indian Harbor Insurance Companv 36940 14000 East Valley Blvd. INSURERE: City of Industry CA 91746 INSURERF: COVERAGES CERTIFICATE NUMBER: 37159378 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 LTR •••en ,,.n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A ./ COMMERCIAL GENERAL LIABILITY ./ GEC3001234 12/31/2016 12/31/2017 EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE CJ OCCUR uAMA<.;E ~YtENTED PREMISES Ea occurrence\ $ 50,000 __.{_ Pror:1erty Damage Ded $25,000 MED EXP (Any one person) $ 5,000 __.{_ Bodily lnjul}' Ded $25,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 H 0PRO-DLOC 2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY AEC0048938 12/31/2016 12/31/2017 COMBINED SINGLE LIMIT $ 1,000,000 -(Ea accident) __.{_ ANY AUTO AEC0048939 12/31/2016 12/31/2017 BODILY INJURY (Per person) $ OWNED -SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS -HIRED -NON-OWNED PROPERTY DAMAGE __.{_ AUTOS ONLY ~ AUTOS ONLY <Per accident) $ Ded Comp & Collision $ 1,000 C UMBRELLA LIAB H OCCUR UEC0048940 12/31/2016 12/31/2017 EACH OCCURRENCE $ 15,000,000 -.I EXCESSLIAB CLAIMS-MADE AGGREGATE $ 15,000,000 ./ DED I .I I RETENTION $10,000 $ B WORKERS COMPENSATION WEC3001235 12/31/2016 12/31/2017 ./ I ~-\'f rnTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Pollution Liability PEC0048963 12/31/2016 12/31/2017 15,000,000 Each Claim/ $25,000 (Ded) D Professional Liab -Claims Made PEC0048963 12/31/2016 12/31/2017 15,000,000 Each Claim/ $25,000 (Ded) ,I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL Additional Insured applies per CG20100413 & CG20370413 attached, only if required by written contract/agreement. GL Primary Wording applies per XIL4240605 attached. GL, Auto and WC Cancellation Clauses per IL00171198 and WC990110108 attached. Additional lnsured(s): City of Carlsbad CERTIFICATE HOLDER CANCELLATION Ci~ of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 16 5 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008-7314 AUTHORIZED REPRESENTATIVE f)f/4ik I Cassandra Rosales © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 37159378 I ONITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 AM (PDT) I Page 1 of 8 POLICY NUMBER: GEC3001234 ./ 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 Organization(s) Location(s) Of Covered Operations Any person or organization where required by written All Locations as required per written contract. contract provided that such contract was executed prior to the date of loss. 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 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 37159378 I UNITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 Af1 {PDT) I Page 2 of 8 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 applicable Limits of Declarations. shall not increase the Insurance shown in the Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 37159378 I UNITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 AM (PDT) I Page 3 of 8 POLICY NUMBER: GEC3001234 j 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 Any person or organization where required by written All Locations as required per written contract., contract provided that such contract was executed prior o the date of loss. 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 37159378 I UNITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 AM (PDT} I Page 4 of 8 ENDORSEMENT# This endorsement, effective 12:01 a.m.,1213112016, forms a part of Policy No.GEC3001234 issued to United Pumping Service, Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 37159378 I UNITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 AM (PDT) I Page 5 of 8 GEC3001234 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 37159378 I UNITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 AM {PDT) I Page 6 of 8 D AEC0048938 AEC0048939 IL00 171198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 37159378 I UNITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 AM (PDT) I Page 7 of 8 D WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice: 30 WC990110 Ed. 1/08 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in PART SIX -CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All other terms and conditions remain the same. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/31/2016 Insured United Pumping Service, Inc. Insurance Company XL Insurance America, Inc. WC 99 0110 Ed. 1/08 Policy No.WEC3001235 Endorsement No. ~~ Countersigned by ___________ _ 0 2007 XL America, Inc. 37159378 I UNITPUM-01 I 16-17 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certificate Processing I 8/8/2017 11:06:06 AM {PDT) I Page 8 of 8