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HomeMy WebLinkAboutSan Diego Softwash LLC; 2023-06-13; PSA23-2204FACPSA23-2204FAC City Attorney Approved Version 12/28/2022 1 AGREEMENT FOR TRAIN DEPOT SOFTWASH SERVICES SAN DIEGO SOFTWASH THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and San Diego Softwash LLC, a California limited liability company, d.b.a. San Diego Softwash ("Contractor"). RECITALS A.City requires the services of a consultant that is experienced in exterior building cleaning. B.Contractor has the necessary experience in providing services and advice related to exterior building cleaning. 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 and B," 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 four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirteen thousand five hundred three dollars forty-eight cents ($13,503.48). 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 thirteen thousand five hundred three dollars and forty-eight cents ($13,503.48) 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: 92E88AA1-F11E-43DD-A33B-B14DDD257874 June 13th PSA23-2204FAC City Attorney Approved Version 12/28/2022 2 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 PSA23-2204FAC City Attorney Approved Version 12/28/2022 3 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (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. 10.1.2 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 PSA23-2204FAC City Attorney Approved Version 12/28/2022 4 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Daniel Smith Name Chantal Casias Title Facilities Supervisor Title Project Manager Department Public Works Address 9458 Los Coches Rd City of Carlsbad Lakeside, CA 92040 Address 405 Oak Ave. Phone No. 619-709-7779 Carlsbad, CA 92008 Email chantal@sandiegosoftwash.com Phone No. 760-573-9280 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. DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 PSA23-2204FAC City Attorney Approved Version 12/28/2022 5 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party 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. DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 □ PSA23-2204FAC City Attorney Approved Version 12/28/2022 6 Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide 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. 22.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 PSA23-2204FAC City Attorney Approved Version 12/28/2022 7 26.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR SAN DIEGO SOFTWASH, LLC, a California limited liability company d.b.a. San Diego Softwash By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Chantal Casias, CEO (print name/title) By: (sign here) (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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 PSA23-2204FAC City Attorney Approved Version 12/28/2022 8 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide all tools, materials, and labor to perform exterior building cleaning services at the Carlsbad Train Depot, 400 Carlsbad Village Dr, Carlsbad, CA 92008. All following work to be performed with utmost care for protecting this historic building and the vegetation surrounding it: Roof Treatment and Wood Conditioning • Sanitize and clean wood shake shingle roof • Rinse out any gutters • Apply wood conditioner and UV protectant • Use protective plant wash and food for surrounding vegetation Siding Treatment • Degrease siding to remove soot and oxidized paint • Sanitize and emulsify dirt, grease, webs, and nests from siding • Rinse exterior of windows Wood Deck and Railings • Remove existing stains and algae growth with softwash treatment • Pressure wash raw wood to brighten and restore it if possible without damaging Flatwork • Softwash to emulsify dirt, moss, algae from walkways • Pressure wash for any remaining build up on surfaces Window Cleaning • Clean exterior of windows with deionized water • Complete spot-free scrub and rinse of exterior windows and frames Throughout project, contractor to control all runoff, capturing water before it reaches storm drains and disposing of it in a manner that complies will all applicable codes. DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 4/11/2023 Chantal Casias San Diego Softwash RE: Carlsbad Train Depot Biodegradable – Water Based – Low VOC – Non-Hazardous To Mr. Dan Smith, Thank you for the opportunity to present our San Diego Softwash proposal for your property’s cleaning needs. I am confident we are the best qualified company to provide the service you expect in a professional manner. We are family-owned and operated and an affiliate of Softwash Systems™. Softwash Systems™ affiliate companies use an innovative no-pressure biodegradable chemical process that treats the problem as a pest, not a stain. Our 3-in-1 process removes unsightly and unhealthy exterior pests like mold, mildew, algae & grime, eradicates their spores and protects against further infestation by leaving behind a residual barrier to inhibit airborne spores from growing. Our Softwash Systems™ process has been in use for over 30 years and has cleaned more than 100,000 structures in North America alone. We price our jobs to DO the the job RIGHT, not just to GET the job! (Package pricing on next page) PSA23-2204FAC Exhibit "B"DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874~"' SAN DIEGO SOFTWASH ---------SANDIEGOSOFTWASH.COM g. Email. ~ 9458 Los Coches Rd. info@sandiegosoftwash.com Lakeside CA, 92040 ~ Phone. · (619) 709-n79 High Priority: Service/Product Requested: Retail Pricing: 1.Softwash Roof Treatment & RESTORE wood conditioning: -Softwash sanitizes & cleans roof surface -Gutter rinse-out (if applicable) -RESTORE wood conditioner & UV protectant -Protective plant wash & food for surrounding vegetation. -3 month follow up call post-treatment ~3,337 ft. area x 1.21 pitch= ~4,037.77 ft x 2.15/ft = $8,861.20 ~1 days to complete $8,861.20 2.Softwash treatment of siding/stucco + degreasing treatment to remove ‘soot’: -Degreasing treatment to break up layer of ‘soot’/exhaust coating oxidized paint -Softwash treatment and cleaning of stucco/siding to sanitize & emulsify dirt/grease/nests/webs and build up. -Exterior window rinse. -Protective plant wash & food for surrounding vegetation 243.2ft. perimeter/area x height ~ 20 ft =4,864 x .80/ft = $3,891.20 3,891.20 Total for Required Cleaning: ____________________________________________ $12,752.40 Recommended Surfaces: 1.Wrap-around wood deck/ramp/railings: -Softwash treatment to remove existing stain and/or algae growth -Brighten & restore *conditioning options available depending on surface type* -Protective plant wash & food for surrounding vegetation 972.21ft. perimeter x 1.55/ft = $1,506.92 $1,506.92 2.Flatwork: Walkway &/or driveway cleaning: -Algae, moss, lichen, & dirt build up emulsification by Softwash application -Pressure wash clean for remaining heavy surface build up *Water reclaim and/or diversion will be paramount to project. If reclaim system is used, a water-safe vacuum system will be used at a singular collection point where water runoff will be diverted. Collected/diverted run-off will then be diverted into disuse areas or appropriate sewer drains. Area: ~1,099 sq. ft x .45/sq ft = $494.55 $494.55 Exterior Window Cleaning: -DeIonized water window cleaning -Water fed pole cleaning system -Spot free scrub & rinse of window & frame. ~25 windows TOTAL , 0 screens - @ $10/window exterior = $250 $250.00 Total for Recommended Cleaning: ___________________________________ $2,251.47 PSA23-2204FAC Exhibit "B"DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874~"' SAN DIEGO OFTW ---------SANDIEGOSOFTWASH.COM [3-Email. info@sandiegosoftwash.com ;) 9458 Los Coches Rd. Lakeside CA, 92040 ~ Phone. · (619) 709-n79 Combined Total of High Priority & Recommended Surfaces: $15,003.87 (Package pricing on next page) Package Pricing: Price for all high-priority and recommended surfaces when booked and performed at the same time: $13,503.48 *25% deposit required to schedule Please let me know if there is any additional information you may need. Again, I greatly appreciate this opportunity to work for you. For your convenience you can reach me at (619) 709-7779. Gratefully, Chantal Casias Owner/President San Diego Softwash Please sign & date this proposal for acceptance: Name & Title: __________________________________ Signature: X____________________________________ Date:_____________ PSA23-2204FAC Exhibit "B"DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874~"' SAN DIEGO SOFTWASH ---------SANDIEGOSOFTWASH.COM g. Email. ~ 9458 Los Coches Rd. info@sandiegosoftwash.com Lakeside CA, 92040 ~ Phone. · (619) 709-n79 DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 ACORD® I ~ I X I [81 - - ~ □ □ - -- -- -- X ~ I I XI I I □ I DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BROKER COPY COMF'ENSATION INSURANCE FUND 9322163-22 NEW SD HOME OFFICE SAN FRANCISCO 8-55-32-39 PAGE 1 OF 2 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE JUNE AND EXPIRING AUGUST 3, 2023 AT 12.01 A.M. 2, 2023 AT 12.01 A.M. SAN DIEGO SOFTWASH, LLC 9458 LOS COCHES RD LAKESIDE, CA 92040 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF CARLSBAD WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, SAN DIEGO SOFTWASH, LLC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2570 ~!.-5{ JUNE 6, 2023 Ii~,,?~ .di~<:~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) OLD DP 217 DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BROKER COPY COMF'ENSATION INSURANCE FUND 9322163-22 NEW SD HOME OFFICE SAN FRANCISCO 8-55-32-39 PAGE 2 OF 2 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE JUNE AND EXPIRING AUGUST 3, 2023 AT 12.01 A.M. 2, 2023 AT 12.01 A.M. SAN DIEGO SOFTWASH, LLC 9458 LOS COCHES RD LAKESIDE, CA 92040 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CMWD WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, SAN DIEGO SOFTWASH, LLC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2570 ~!.-5{ JUNE 6, 2023 Ii~,,?~ .di~<:~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) OLD DP 217 DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 111 MARKEL® □ DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 111 MARKEL® DocuSign Envelope ID: 92E88AA1-F11E-43DD-A33B-B14DDD257874 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/02/2023 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 CONTACT Isaac Kamahi NAME: State Farm Kristie Powell Insurance Agency, Inc. wgN:o Extl: 619-938-8100 I FAX 619-938-8101 IA/C Nol: A ® 1785 E. Main St ~~tJ~ss: isaac@kristiepowell.com El Cajon, CA 92021 INSURER($) AFFORDING COVERAGE NAIC# INSURER A : State Farm Mutual Automobile Insurance Company 25178 INSURED INSURERS : SAN DIEGO SOFT WASH INSURERC : 9458 LOS COCHES RD INSURERD : LAKESIDE, CA 92040-4643 INSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '""" LTR TYPE OF INSURANCE ii.iso ~i POLICY NUMBER IMMn>DNml {MM/DDNY'YYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -□ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ MED EXP (Any one person) $ -PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PRO-D Loc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY 622 7798-E09-55 05/09/2023 11/09/2023 COMBINED SINGLE LIMIT 1,000,000 /Ea accident\ $ -ANY AUTO BODILY INJURY (Per person) $ f---OWNED X SCHEDULED y y BODILY INJURY (Per accident) -AUTOS ONLY AUTOS $ HIRED NON-OWNED /p~';'~.;;id~~t°i"''v"""" f--AUTOS ONLY f--AUTOS ONLY $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I ~~fTIITF I I gJH-$ AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate applies to all projects with The City of Carlsbad. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE P.O. Box 947 Murrieta CA 92564 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-13-2022