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Home My WebLink AboutPWLC 1 Inc; 2021-11-16; PSA22-1716UTILPSA22-1716UTIL City Attorney Approved Version 6/12/18 1 AGREEMENT FOR WASTEWATER FACILITIES LANDSCAPE MAINTENANCE SERVICES PWLC 1, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and PWLC 1, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in landscape maintenance. B. Contractor has the necessary experience in providing professional services and advice related to landscape maintenance. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed sixty-five thousand nine hundred fifty dollars ($65,950). 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, each additional one-year amendment may increase the not-to-exceed amount by an amount equal to the San Diego Region Consumer Price Index (CPI), but not to exceed 2.5% per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB November 16th PSA22-1716UTIL City Attorney Approved Version 6/12/18 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys’ fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 3 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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 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: DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 4 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. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 5 For City For Contractor Name Jesse Castaneda Name Richard Ruiz Title Utilities Superintendent Title Project Manager Department Public Works Address 408 Olive Avenue City of Carlsbad Vista, CA 92083 Address 5950 El Camino Real Phone No. 760-630-0231 Carlsbad, CA 92008 Email rruiz@pwlc1.com Phone No. 760-603-7337 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes ☐ No ☒ 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 DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 6 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, 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 DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 7 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 8 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 CITY OF CARLSBAD, a municipal corporation of the State of California PWLC 1, INC., a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Richard Ruiz, President, Secretary & CFO (print name/title) ATTEST: By: (sign here) for Faviola Medina, City Clerk Services Manager (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, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 9 EXHIBIT “A” – SCOPE OF SERVICES Item No. Description Unit Price Annual Total B1 Home Plant Lift Station (Monthly) $240.00 (Each) $2,880.00 (Extended Amount) B1.5 *Home Plant Lift Station (One-Time) Startup Trimming and Cleanup Fee *$6,000.00 (Extended Amount) B2 Fox’s Lift Station (Monthly) $240.00 (Each) $2,880.00 (Extended Amount) B3 Terramar Lift Station (Monthly) $120.00 (Each) $1,440.00 (Extended Amount) B4 Batiquitos Lift Station (Monthly) $240.00 (Each) $2,880.00 (Extended Amount) B5 Chinquapin Lift Station (Monthly) $120.00 (Each) $1,440.00 (Extended Amount) B6 Villas Lift Station (Monthly) $120.00 (Each) $1,440.00 (Extended Amount) B7 Poinsettia Lift Station (Monthly) $240.00 (Each) $2,880.00 (Extended Amount) B8 Knots Lift Station (Monthly) $240.00 (Each) $2,880.00 (Extended Amount) B9 Cannon Lift Station $240.00 (Each) $2,880.00 (Extended Amount) B9.5 *Cannon Lift Station (One-Time) Startup Trimming and Cleanup Fee *3,600.00 (Extended Amount) B10 Sand Shell Lift Station (Monthly) $120.00 (Each) $1,440.00 (Extended Amount) B11 El Fuerte Lift Station (Monthly) $120.00 (Each) $1,440.00 (Extended Amount) B12 “Non-Habitat” Sewer Easement Manholes – 75 Manholes Total (Quarterly)** $30.00 (Each) $9,000.00 (Extended Amount) B13 “Habitat” Sewer Easement Manholes – 189 Manholes Total ***(Annually From 9/16/21-3/15/22) $30.00 (Each) $5,670.00 (Extended Amount) B13.5 Calavera Easement Trimming and Cleanup (Yearly) $2,400.00 (Each) $2,400.00 (Extended Amount) B13.6 Kelly Easement Trimming and Cleanup (Yearly) $2,400.00 (Each) $2,400.00 (Extended Amount) B13.7 El Fuerte Easement Trimming and Cleanup (Yearly) $2,400.00 (Each) $2,400.00 (Extended Amount) B14 ****Additional Work Requirements – Contractor to provide work proposal, parts list with costs and obtain written approval from City Project Manager before scheduling/performing all additional work. No payments will be made for all work not authorized by City Project Manager. $10,000.00 (Total Not to Exceed Amount Per Year) $10,000.00 (Extended Amount) TOTAL $65,950.00 *One-time start up trimming and cleaning fees will not be included in future pricing if the City chooses to extend the agreement. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 10 **“Non-Habitat Sewer Easement Manhole cleanings will take place on a quarterly basis. Please note: Each manhole cleaning is $30.00, and the contractor will be paid by each manhole cleaned. The extended price of $9,000 will only be paid upon completion of all 75 manholes. ***“Habitat” Sewer Easement Manhole cleanings will take place on an annual basis only from 9/16/21 – 3/15/22 in effort to not disturb the natural habitat. Please note: Each manhole cleaning is $30.00, and contractor will be paid by each manhole cleaned. The extended price of $5,670 will only be paid upon completion of all 189 manholes. ****Additional work payments made to the Contractor will be based on the Contractor’s proposal to the City Project Manager, consistent with the terms and conditions of the contract documents and may be different from the prices estimated above. Additional Work is not guaranteed. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 11 MANNER OF PERFORMING SERVICES PART I GENERAL SPECIFICATIONS 1.00 GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a groomed, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials to the PROJECT MANAGERS specifications. 1.02 CONTRACTOR shall provide the labor, materials, equipment, tools, services and special skills necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein to the PROJECT MANAGERS specifications. 1.03 CONTRACTOR is hereby required to render and provide landscape and grounds maintenance services including, but not limited to; shaping, trimming of trees, shrubs and ground cover plants; fertilization; weed control; control of all plant diseases and pests; sweeping; irrigation and drainage systems; litter pick up; plant replacement and all other maintenance required to maintain attractive landscape to the PROJECT MANAGERS specifications. 1.04 Upon commencement of work under this CONTRACT, CONTRACTOR shall be fully equipped and staffed; thoroughly familiar with CONTRACT requirements and prepared to provide all services required. Failure to provide full services from the first day of work under this CONTRACT may result in deductions from payment. 1.05 The CONTRACTOR shall perform a monthly maintenance inspection of all irrigated sites during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It shall include operation of all irrigation systems to check for proper condition and reliability. CONTRACTOR shall take immediate steps to correct any observed irregularities and submit a written report regarding such circumstances to the PROJECT MANAGER. Repairs that require labor or parts expenses not covered in the contract will require approval from the Project Manager prior to commencing work. 1.06 CONTRACTOR shall clearly identify and equip each vehicle used at said areas with decals on the exterior right and left front door panels, identifying the CONTRACTOR'S name, address and phone number. 1.07 CONTRACTOR shall document and report to PROJECT MANAGER all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. 1.08 CONTRACTOR shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and CMWD of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. 1.09 CONTRACTOR shall indicate in his proposal methods of compliance, equipment utilized to ensure compliance, training of staff and experience in compliance with environmental DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 12 regulations. If in the opinion of the PROJECT MANAGER, the CONTRACTOR is not in compliance with this provision City reserves the right to implement BMPs to the maximum extent practical and deduct payment due or back charge the CONTRACTOR for implementation with a 15% markup for administration and overhead. 2.00 AREAS TO BE MAINTAINED 2.01 The areas to be maintained under the provisions of this CONTRACT are listed below. SITE NAME ADDRESS Home Plant Lift Station 2359 Carlsbad Blvd. Fox's Lift Station 4155 Harrison St. Terramar Lift Station 300 Cannon Rd. Batiquitos Lift Station 7382 Gabbiano Ln. Chinquapin Lift Station 4010 Carlsbad Blvd. Villas Lift Station 2860 Winthrop Ave. Poinsettia Lift Station 2425 Poinsettia Ln. Knots Lift Station 501 Knots Ln. Cannon Lift Station 2197 Cannon Rd. Sand Shell Lift Station 613 Sand Shell El Fuerte Lift Station 5812 El Fuerte “Non-Habitat” Sewer Easements N/A “Habitat” Sewer easements N/A Calavera Sewer Easement N/A Kelly Sewer Easement N/A El Fuerte Sewer Easement N/A 2.02 CONTRACTOR acknowledges personal inspection of the areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition and agrees to make no demands upon City for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices electronically to PROJECT MANAGER, jesse.castaneda@carlsbadca.gov and Cc eric.sanders@carlsbadca.gov and dani.mcmanus@carlsbadcag.gov for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by City for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the PROJECT MANAGER and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.02 Monthly invoices shall be prepared in the following format: Location PO Number Cost per Visit Home Plant Lift Station TBD $(AMOUNT) Fox’s Lift Station TBD $(AMOUNT) Terramar Lift Station TBD $(AMOUNT) Batiquitos Lift Station TBD $(AMOUNT) Chinquapin Lift Station TBD $(AMOUNT) DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 13 Villas Lift Station TBD $(AMOUNT) Poinsettia Lift Station TBD $(AMOUNT) Knots Lift Station TBD $(AMOUNT) Cannon Lift Station TBD $(AMOUNT) Sand Shell Lift Station TBD $(AMOUNT) El Fuerte Lift Station TBD $(AMOUNT) TOTAL MONTHLY COST $(AMOUNT) 3.03 Invoices for approved Extra Work shall be in a format acceptable to the PROJECT MANAGER, including attachments, such as copies of suppliers' invoices, which the PROJECT MANAGER may require to verify CONTRACTOR'S billing. Invoices for Extra Work shall be submitted on separate invoices and must include the purchase order number. Unless otherwise requested by the PROJECT MANAGER, one invoice shall be submitted for each discrete and complete item of Extra Work. CONTRACTOR will submit a proposal to the PROJECT MANAGER and get confirmation prior to beginning any extra work. 3.04 In the event City transfers title or maintenance responsibility of the premises or a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the PROJECT MANAGER, may be deleted from the premises to be maintained and the CONTRACT sum shall be reduced accordingly. 3.05 The PROJECT MANAGER may, at his discretion, add new areas to be maintained and/or require additional services. The CONTRACTOR shall be compensated for the additional area or service that are designated after the date of the commencement of this CONTRACT based on the submission of an approved maintenance bid, consistent in all respects with this CONTRACT, and shall contain all information as required in the REQUEST FOR BIDS. The bid cost shall not exceed the cost to provide maintenance for similar areas being maintained under this CONTRACT. 3.06 Additional compensation may be authorized at the discretion of the PROJECT MANAGER, subject to City budgetary conditions, for work deemed necessary by the PROJECT MANAGER due to extraordinary incidents or circumstances. 4.00 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The PROJECT MANAGER shall be responsible for the enforcement of this CONTRACT on behalf of City. 4.02 The PROJECT MANAGER shall prepare and may implement an INSPECTION RATING SYSTEM to be used to verify monthly payments and deductions from payments (see sample rating system as Appendix A). This form and system may be modified at the discretion of the PROJECT MANAGER. The CONTRACTOR agrees to be so evaluated by said system and bound by the ratings and/or deductions from payments indicated in the monthly INSPECTION RATING SYSTEM report. To avoid deductions from payment, CONTRACTOR must receive a rating of 95 or higher per location as described in Section 2.01. 4.03 If, in the judgment of the PROJECT MANAGER, CONTRACTOR is deemed to be noncompliant with the terms and obligations of the CONTRACT, the PROJECT MANAGER, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 14 forwarded to the CONTRACTOR by the PROJECT MANAGER in a written notice describing the reasons for said action. The monthly INSPECTION RATING SYSTEM report shall constitute reason for any deductions so imposed. 4.04 The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the CONTRACTOR to correct a deficiency within the said specified time frame. The parties hereby agree that a reasonable estimate of such damages is One Hundred Fifty Dollars ($150.00) per day per area, as described in Section 2.01. CONTRACTOR shall be liable to City for liquidated damages in said amount. Said amount shall be deducted from City’s payment to CONTRACTOR; and/or having given five (5) working days' notice to the CONTRACTOR to correct the deficiencies, if after said 5 days the CONTRACTOR fails to complete the required corrections, City may correct any and all deficiencies using alternate forces. The total costs incurred by completion of the work by alternate forces will be deducted and forfeited from the payment to the CONTRACTOR. 4.05 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS, MEETINGS, & REPORTS 5.01 City reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the PROJECT MANAGER or his representative on each site at the discretion and convenience of the PROJECT MANAGER, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the PROJECT MANAGER, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the PROJECT MANAGER, for purposes of orientation, information sharing, CONTRACT revision, description of City policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the PROJECT MANAGER such written documentation and/or regular reports as the PROJECT MANAGER deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the PROJECT MANAGER pertinent information relative to the maintenance, operation, and safety of the areas. 6.00 EXTRA WORK 6.01 City may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the PROJECT MANAGER. New or unforeseen work will be classified as "Extra Work" when the PROJECT MANAGER determines that it is not covered by CONTRACT unit prices or is significantly different than the CONTRACTOR'S other work areas. Areas added that are of similar size and scope to the CONTRACTOR'S current work shall be compensated as indicated in Section 3.05. Areas that do not meet the criteria indicated in Section 3.05 are subject to adjustment in payment in accordance with Extra Work. Extra Work shall be performed by agreement between the PROJECT MANAGER and the CONTRACTOR or on a NEGOTIATED DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 15 PROPOSAL AND ACCEPTANCE basis in accordance with Section 7.00 or on a TIME AND MATERIALS basis in accordance with Section 8.00. 6.02 If the PROJECT MANAGER determines that the Extra Work can be performed by CONTRACTOR'S present work force, PROJECT MANAGER may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 6.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the PROJECT MANAGER. This proposal is subject to acceptance or negotiation by the PROJECT MANAGER. 6.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the PROJECT MANAGER reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with the Section 8.00. 6.05 When a condition exists which the PROJECT MANAGER deems urgent, the PROJECT MANAGER may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the PROJECT MANAGER for approval. 6.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 7.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 7.01 City may award work to the CONTRACTOR, at the discretion of the PROJECT MANAGER. New work will be awarded on a negotiated proposal and acceptance basis as when the PROJECT MANAGER determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between City and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. 7.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the PROJECT MANAGER. This proposal is subject to acceptance or negotiation by the PROJECT MANAGER. 7.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 8.00 TIME AND MATERIALS 8.01 In the event that the PROJECT MANAGER determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the PROJECT MANAGER reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 16 8.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor………………………………….. 15 2) Materials……………………………… 15 3) Equipment Rental…………………… 15 4) Other Items and Expenditures……... 15 9.00 CONTRACTOR'S DAMAGES 9.01 All damages (including death of plant material) incurred to existing areas by the CONTRACTOR'S operation shall be repaired or replaced all at the discretion of the PROJECT MANAGER, all at the CONTRACTOR'S expense. 9.02 All such repairs or replacements, which are directed by the PROJECT MANAGER to be done by the CONTRACTOR, shall be completed within the following time limits. A. Irrigation damage shall be repaired or replaced before the next scheduled watering cycle. B. All other damages to landscape shall be repaired or replaced within three (3) working days. 9.03 Damaged trees and shrubs shall be repaired or replaced in accordance with the following maintenance practices: A. Trees: Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the PROJECT MANAGER. B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the shrub. 10.00 COMMUNICATIONS AND EMERGENCY RESPONSE 10.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone number, toll free to a San Diego region area code, at which the CONTRACTOR or CONTRACTOR'S responsible employee may be contacted at any time, twenty-four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the PROJECT MANAGER or other City personnel. For hours beyond a normal 7 a.m. to 4 p.m. business day, an answering service shall be considered an acceptable substitute for full-time 24-hour coverage, provided that the CONTRACTOR responds to City by return call within thirty (30) minutes of City's original call. 10.02 Whenever immediate action is required to prevent possible injury, death, or property damage, City may, after reasonable attempt to notify the CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the PROJECT MANAGER, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount owed to the CONTRACTOR. 10.03 All complaints shall be abated as soon as possible after notification; but in all cases within 3 calendar days, to the satisfaction of the PROJECT MANAGER. If any complaint is not abated within 3 calendar days hours, the PROJECT MANAGER shall be notified immediately of the reason for not abating the complaint followed by a written report to the PROJECT MANAGER within three (3) calendar days. If the complaints are not abated within the time specified or to DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 17 the satisfaction of the PROJECT MANAGER, the PROJECT MANAGER may correct the specific complaint and the total cost incurred by City will be deducted from payments owed to the CONTRACTOR from City. 10.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the PROJECT MANAGER at all reasonable times. 11.00 SAFETY 11.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of City, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make weekly inspections for any potential hazards at said areas, and keep a log indicating date inspected and action taken. 11.02 It shall be the CONTRACTOR'S responsibility to inspect, and identify, any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The PROJECT MANAGER shall be notified immediately of any unsafe condition that requires major correction. CONTRACTOR shall be responsible for making minor corrections including, but not limited to; filling holes in ground, turf or paving; using barricades or traffic cones to alert patrons of the existence of hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury. 11.03 CONTRACTOR shall notify the PROJECT MANAGER immediately of any occurrence on the premises of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the PROJECT MANAGER within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with City in the investigation of any such occurrence. 12.00 TRAFFIC CONTROL 12.01 Prior to any work in the public right-of-way, the CONTRACTOR shall submit typical traffic control plans for approval for work performed in City right-of-way. The CONTRACTOR shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California). The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. 12.02 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder at the end work period. If the CONTRACTOR so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 18 12.03 The CONTRACTOR shall comply with all requirements of City Traffic Engineer and shall bear all costs of required traffic control including, but not limited to signs, cones, markers, flagmen, etc. 13.00 HOURS AND DAYS OF MAINTENANCE SERVICES 13.01 The basic daily hours of maintenance service shall be 8 a.m. to 4 p.m., which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 13.02 CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours five (5) days per week, Monday through Friday. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the PROJECT MANAGER. 13.03 The use of power tools is prohibited daily prior to 8 a.m. and after 4 pm, and all day on Sundays and Holidays. 14.00 MAINTENANCE SCHEDULES 14.01 The CONTRACTOR shall, within thirty (30) days after the effective date of this CONTRACT, submit work schedules to the PROJECT MANAGER for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. An Annual Calendar shall include all required operations that occur less than monthly. A Routine Operations Schedule shall include all tasks required at least monthly and should be submitted via email to PROJECT MANAGER. 14.02 The CONTRACTOR shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the PROJECT MANAGER. Said revisions shall be submitted to the PROJECT MANAGER for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 15.00 CONTRACTOR'S STAFF AND TRAINING 15.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 15.02 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working, as set forth in Exhibit B. 15.03 CONTRACTOR is encouraged to provide on-going systematic skills training, and to promote participation in, and certification by professional associations. CONTRACTOR'S systematic skills training program, and certifications required by the CONTRACTOR for employees in a given position, should be noted in the Exhibit B. 15.04 Each crew of CONTRACTOR'S employees shall include at least two individuals who speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any facility, park or trail area without other CONTRACTOR'S supervisory personnel present. 15.05 The PROJECT MANAGER may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the PROJECT MANAGER, detrimental to the interest of the public patronizing the DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 19 premises. CONTRACTOR shall meet with representatives of the PROJECT MANAGER to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the PROJECT MANAGER that the conduct and activities of CONTRACTOR's employees will not be detrimental to the interest of the public patronizing the premises. 15.06 The PROJECT MANAGER may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the PROJECT MANAGER, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of City or the public patronizing the premises. 15.07 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the PROJECT MANAGER. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic. 16.00 NON-INTERFERENCE - NOISE 16.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 16.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 16.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment prior to 8 a.m. or later than 4 p.m. Further, any schedule of such operations may be modified by PROJECT MANAGER in order to insure that the public is not unduly impacted by the noise created by such equipment. 17.00 USE OF CHEMICALS 17.01 All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a State of California Licensed Pest Control Operator. Contractor shall have a licensed pesticide/herbicide applicator on site at all times when such chemicals are in use. 17.02 Chemical applications shall strictly conform to all governing regulations. CONTRACTOR'S staff applying chemicals shall possess all required licenses and certifications. 17.03 Records of all operations, including applicators names stating dates, times, methods of application, chemical formulations, and weather conditions shall be made and retained according to governing regulations. 17.04 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 20 17.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to the PROJECT MANAGER for all products and chemicals used within City. 17.06 The CONTRACTOR shall prepare and submit an annual schedule to the PROJECT MANAGER detailing all proposed chemical usage for approval. This schedule shall indicate proposed dates of application, type of chemical proposed for use, area intended for application and an estimate of the quantity of material to be applied. The CONTRACTOR shall provide the PROJECT MANAGER an updated schedule on a quarterly basis indicating the applications in the previous quarter and any proposed changes to the approved annual schedule for the next quarter for approval. The CONTRACTOR shall also submit a sample of notice for posting at all school sites to the PROJECT MANAGER for approval. The CONTRACTOR shall be responsible for posting all school sites prior to chemical application in accordance with all federal, state, and local requirements. If the CONTRACTOR fails to provide and post the required notification the CONTRACTOR shall not apply any chemicals and the CONTRACTOR shall submit a revised schedule to the PROJECT MANAGER for approval prior to application of any chemicals not detailed in the approved annual schedule. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 21 PART II TECHNICAL SPECIFICATIONS 18.00 WATERING AND IRRIGATION 18.01 All landscaped areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. 18.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. 18.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify the PROJECT MANAGER immediately of any deficiencies in irrigation at these sites. 18.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to the PROJECT MANAGER monthly, or sooner if modifications are performed. 18.05 Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with City/CMWD's water conservation ordinance. 18.06 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours. 18.07 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. 18.08 No irrigation shall be done during periods of measurable rain without prior approval of the PROJECT MANAGER. 18.09 The CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 19.00 IRRIGATION MAINTENANCE, REPAIR AND TESTING 19.01 All irrigation repairs needed shall be immediately reported to the PROJECT MANAGER by the CONTRACTOR. Each report shall come with an attached repair proposal to include repair options, urgency, and cost. 20.00 WEED CONTROL 20.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by the PROJECT MANAGER. 20.02 The following areas shall be kept weed free: shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 22 20.03 All turf, shrub beds, planters, and other landscaped areas shall be maintained weed free. 20.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. 20.05 Inspect, spot treat or mechanically remove weeds as necessary. 21.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE 21.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground. 21.02 Trimming of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done according to frequencies specified in the MAINTENANCE FREQUENCIES table. 21.03 All trimming and tree tying shall conform to International Society of Arboriculture (I.S.A) Standards and the specific directions of the PROJECT MANAGER. CONTRACTOR shall not allow any tree to be topped. 21.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways, and an eight (8) foot clearance for branches overhanging walkways and other pedestrian paths. Lower branching may be appropriate for trees in background and ornamental areas. Trim plant materials where necessary to maintain pedestrian access and safe vehicular visibility and clearance and to prevent hazardous conditions. 21.05 Tree trimming shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance, according to frequencies specified in the MAINTENANCE FREQUENCIES table. 21.06 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. 21.07 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 21.08 Periodic staking and tying shall be done as needed. 21.09 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage above fifteen (15) feet in height from the ground shall be reported to the PROJECT MANAGER. 21.10 Groundcover A. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by the PROJECT MANAGER. B. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB PSA22-1716UTIL City Attorney Approved Version 6/12/18 23 C. All groundcover areas shall be trimmed to maintain neat but natural (not sheared) edges according to frequencies specified in the MAINTENANCE FREQUENCIES table. D. Except as specifically directed by the PROJECT MANAGER, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. 21.11 Remove all dead shrubs and trees. PROJECT MANAGER shall be notified 48 hours in advance of the removal of any tree. Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over this diameter at breast height may be removed as Extra Work at the discretion of the PROJECT MANAGER. 21.12 All trimming and debris shall be removed and properly disposed of immediately. 22.00 LITTER, LEAF, AND DEBRIS CONTROL 22.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris from all areas to be maintained. 22.02 Complete litter pick up and supplemental hand sweeping of edges, corners and other areas inaccessible to power equipment shall be accomplished to ensure a neat appearance. 22.03 Accumulation of leaves and debris shall be removed, from all landscaped areas except as specifically directed by the PROJECT MANAGER. 23.00 PERFORMANCE DURING INCLEMENT WEATHER 23.01 During the periods when inclement weather hinders performance of the required work, CONTRACTOR may adjust its work force in order to accomplish those activities that are not affected by weather. 23.02 All drains and drainage conveyance devices on work sites shall be checked daily, at a minimum, during inclement weather, and cleaned, as needed. 23.03 CONTRACTOR may be required during inclement weather to perform clean-up tasks as requested by PROJECT MANAGER. CONTRACTOR'S labor hours shall not exceed the normal working hours without prior written approval by PROJECT MANAGER. Any extra work is subject to the terms and conditions as stated in Section 6.0. DocuSign Envelope ID: 395146C2-FCE2-44B3-A8B6-C28030BAB0CB ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/4/2021 License # 0E67768 (619) 788-5798 50212 (619) 574-6288 13978 PWLC I, Inc. P.O. Box 3557 Vista, CA 92085 A 2,000,000 X BP15909 4/1/2021 4/1/2022 2,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000A FMA011513 4/1/2021 4/1/2022 Comp. Ded.: $1,000 Coll. Ded.: $1,000 1,000,000A EX11314 4/1/2021 4/1/2022 1,000,000 10,000 Re: RFB 21-03 Parks Maintenance Services The City of Carlsbad is Additional Insured with respect to General Liability per the attached endorsement as required by written contract. Insurance is Primary and Non-Contributory. 30 Days’ Notice of Cancellation with 10 Days' Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD 1635 Faraday Ave. Carlsbad, CA 92008-7314 PWLCIIN-01 AUSTINA IOA Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 Laurie Lloyd Laurie.Lloyd@ioausa.com Florists' Mutual Insurance Company X X X X X X X X X ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/4/2021 License # 0C32169 (619) 937-0164 (619) 937-0168 34630 PWLC I, Inc. DBA: Pac West Land Care P.O. Box 3557 Vista, CA 92085 1 A X PWWC229606 4/1/2021 4/1/2022 1,000,000 1,000,000 1,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER APPLIES WITH REGARDS TO THE WORKERS COMPENSATION POLICIES PER THE ATTACHED FORMS. CITY OF CARLSBAD 1635 FARADAY AVE. CARLSBAD, CA 92008-7314 PWLCIIN-01 CERTT2 Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 Oak River Insurance Company 1 X POLICY NUMBER: COMMERCIAL GENERAL LIABILITY L CA 20 31 07 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. L CA 20 31 07 12 Florists' Mutual Insurance Company - Edwardsville, Illinois Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 CALIFORNIA CONTRACTORS BLANKET ADDITIONAL INSURED - WHEN REQUIRED BY WRITTEN CONTRACT ONGOING & COMPLETED OPERATIONS – BLANKET WAIVER OF SUBROGATION – PRIMARY & NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (optional - see Paragraph A.) Name Of Person(s) Or Organization(s) as required by “written contract”: Location(s) And Description of Covered Operations per the “written contract”: A. ADDITIONAL INSURED - CONTRACTORS SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person(s) or or- ganization(s) you are required by a “written contract” to add as an additional insured on this Coverage Part. The “written contract” requirement for additional in- sured status is automatically fulfilled for any addi- tional insured shown in the Schedule above. However: 1.If an additional insured(s) is a builder, general contractor or contractor not affiliated with the builder; and 2.You have entered into a residential construction contract subject to the requirements of California Civil Code Section 2782(c) with such builder or contractor; then such builder or contractor is an additional in- sured under this endorsement but only to the extent of the liability for "bodily injury", "property damage" or "personal and advertising injury" that you have assumed in the residential construction contract with that party. B. Coverage provided to such additional insured(s) is limited as follows: BP15909 All OperationsThe City of Carlsbad L CA 20 31 07 12 Florists' Mutual Insurance Company - Edwardsville, Illinois Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 1.ONGOING OPERATIONS: Such person(s) or organization(s) is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (a) Your acts or omissions; or (b) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations as specified in the “written contract”. 2.COMPLETED OPERATIONS: (a) Such person(s) or organization(s) is an addi- tional insured with respect to liability includ- ed in the “products-completed operations hazard” for "bodily injury" or "property dam- age" caused, in whole or in part, by “your work” only if: i.The “written contract” requires you to pro- vide the additional insured such cover- age; and ii.“Your work” included in the “products- completed operations hazard” is limited to the location designated and described in the “written contract”. (b) Such coverage for the additional insured ends at the earliest of the following: i.The date specified in the “written con- tract”; or ii.Five years from the completion of “your work” included in the “products- completed operations hazard” as desig- nated and described in the “written con- tract”. 3.Coverage provided to such additional insured(s) described in Paragraph A is limited as follows: (a) The insurance afforded to such additional insured only applies to the extent permitted by law; and (b) Will not be broader than the lesser of what is afforded to you under this Coverage Part or that which you are required by the “writ- ten contract” to provide for the additional insured. (c) Does not apply to any person(s) or organi- zation(s) covered as an additional insured on any other endorsement attached to this Coverage Part. C. ADDITIONAL INSURED - EXCLUSIONS With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions apply: This insurance does not apply to: 1.The sole negligence of the additional insured. 2.The rendering of, or the failure to render, any professional architectural, engineering or sur- veying services, including: (a) The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitor- ing of others by that insured, if the "occurrence" which caused the "bodily injury" or "property dam- age", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, en- gineering or surveying services. D. ADDITIONAL INSURED - LIMITS With respect to the insurance afforded to these addi- tional insureds, the following is added to SECTION III – LIMITS OF INSURANCE: The most we will pay on behalf of the additional in- sured is the amount of insurance: 1.Required by the “written contract”; or 2.Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. ADDITIONAL INSURED – PRIMARY AND NONCONTRIBUTORY SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. OTHER INSURANCE is amended for the additional insured by the addition of the following, superseding any provision to the contrary: If required by “written contract”, this insurance is primary to and will not seek contribution from any other insurance maintained by an additional insured under your policy if the additional insured is a Named Insured under such other insurance. F. ADDITIONAL INSURED - DUTIES: SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 2. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT are amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practical: 1.Give us written notice of an “occurrence” or an offense which may result in a claim or “suit” under this insurance. L CA 20 31 07 12 Florists' Mutual Insurance Company - Edwardsville, Illinois Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 2.Provide us any written documentation which triggered additional insured status or waiver of recovery rights. 3.Provide us copies of all legal papers received and otherwise cooperate with us in the investi- gation, defense or settlement of the claim or suit”. We have no duty to defend or indemnify an addi- tional insured under this endorsement until we re- ceive written notice of a claim or “suit” from the ad- ditional insured. G. ADDITIONAL INSURED – DEFINITIONS: SECTION V – DEFINITIONS is amended for this endorsement by the addition of the following: 1.“Written contract” means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the written contract or written agreement: (a) Is effective during the term of this Cover- age Part; and (b) Was signed by you prior to the “bodily inju- ry”, “property damage” or “personal and advertising injury” offense applicable to this Coverage Part; and (c) Pertains to your ongoing operations or “your work” included in the “products- completed operations hazard” for the addi- tional insured. 2.The definition of “insured contract” is modified for the additional insured as follows: Paragraph f. of the “insured contract” definition does not apply to “bodily injury” or “property damage” included within the “products - com- pleted operations hazard” unless required by the “written contract”. H. BLANKET WAIVER OF SUBROGATION SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of subrogation we may have against any person(s) or organization(s) with whom you have signed a written contract or written agree- ment that requires such a waiver. This waiver applies only if the written contract or written agreement is: 1.Signed by you prior to the “bodily injury”, “prop- erty damage” or “personal and advertising inju- ry” offense applicable to this Coverage Part and; 2.Effective during the term of this Coverage Part and is an “insured contract” and; 3.Applicable to your ongoing operations or “your work” included in the “products-completed op- erations hazard”. Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver –Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 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 No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Oak River Insurance Company PWWC22960604/01/2021 PWLC I, Inc. DBA: Pac West Land Care ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/4/2021 License # 0C32169 (619) 937-0164 (619) 937-0168 34630 PWLC I, Inc. DBA: Pac West Land Care P.O. Box 3557 Vista, CA 92085 1 A X PWWC229606 4/1/2021 4/1/2022 1,000,000 1,000,000 1,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER APPLIES WITH REGARDS TO THE WORKERS COMPENSATION POLICIES PER THE ATTACHED FORMS. CITY OF CARLSBAD 1635 FARADAY AVE. CARLSBAD, CA 92008-7314 PWLCIIN-01 CERTT2 Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 Oak River Insurance Company 1 X Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver –Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 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 No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Oak River Insurance Company PWWC22960604/01/2021 PWLC I, Inc. DBA: Pac West Land Care