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HomeMy WebLinkAboutHabitat Protection Inc; 2024-03-12; PSA24-2377FACPSA24-2377FAC Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR CITYWIDE PEST CONTROL MAINTENANCE SERVICES HABITAT PROTECTION, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Habitat Protection, Inc., a California corporation ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in pest control maintenance services. B. Contractor has the necessary experience in providing services and advice related to pest control maintenance services. C. Contractor has submitted a proposal to City under RFP24-2314FAC and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for 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 ninety-three thousand five hundred seventy-four dollars and twenty-five cents ($93,574.25). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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: 54C2EC05-5203-4471-A322-AD55464B913C March 12th PSA24-2377FAC Page 2 City Attorney Approved Version 12/22/2023 6. PUBLIC WORKS 6.1 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 constitute “public works” under California Labor Code section 1720 et seq. and 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. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC Page 3 City Attorney Approved Version 12/22/2023 8. 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. 9. 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. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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. 12. 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 DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC Page 4 City Attorney Approved Version 12/22/2023 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. 12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 12.1.1 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. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 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. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 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 DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC Page 5 City Attorney Approved Version 12/22/2023 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. 12.5 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 are: For City For Contractor Name Brian Bacardi Name Bart Van Diepen Title Public Works Superintendent Title Vice President Department Public Works Address 751 wests 4th Avenue City of Carlsbad Escondido, CA 92025 Address 1635 Faraday Ave. Phone No. 760-729-1315 Carlsbad, CA 92008 Email bart@habitatprotection.net Phone No. 442-339-2944 DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC City Attorney Approved Version 12/22/2023 Page 6 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. 18. 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. 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. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. 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 DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC City Attorney Approved Version 12/22/2023 Page 7 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. 23. 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 ninety (90) 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. 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. 24. 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. 25. 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. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC City Attorney Approved Version 12/22/2023 Page 8 26. 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. 27. 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. 28. 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. This Agreement may be executed in counterparts. 29. 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. [signatures on following page] DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC City Attorney Approved Version 12/22/2023 Page 9 Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HABITAT PROTECTION, INC., a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager, as authorized by the City Manager Bart Van Diepen, Vice-President & Secretary (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C 21 February PSA24-2377FAC 10 EXHIBIT “A” SCOPE OF SERVICES AND FEE CITY OF CARLSBAD CITYWIDE PEST CONTROL MAINTENANCE SERVICES DEFINITIONS Whenever the following terms are used in this agreement, they shall have the: A. “BID ITEM” – Individual items of work in the CONTRACTOR’S bid at an agreed price for the work. B. “CITY” - The CITY of Carlsbad, California. C. “CITY MANAGER” - The fully appointed CITY MANAGER of the CITY or their authorized representative. D. “CONTRACT ADMINISTRATOR” – The PUBLIC WORKS DEPUTY CITY MANAGER’S designee for bidding, awarding and administering the CONTRACTOR’S work under this agreement. E. “CONTRACTOR” - The managing individual of the contracting entity or his authorized employees or representatives. F. “EXTRA WORK” - Work other than that required by the agreement at the time of award which is authorized by the CONTRACT ADMINISTRATOR. G. “PUBLIC WORKS DEPUTY CITY MANAGER” - The official designated as the Public Works Deputy City Manager of CITY, or any of their authorized representatives. 1.0 CONTRACTOR QUALIFICATIONS 1.1 Contractor shall have adequate equipment and employ adequate staff to perform the described work. All employees of the Contractor must be a minimum of 18 years of age. 1.2 The Contractor shall not employ any person who is an employee of the City if the employment of that person would create a conflict of interest. 1.3 Contractor shall have the appropriate state licensing and certifications required to perform all tasks under this contract. 2.0 CONTRACTOR RESPONSIBILITIES 2.1 The Contractor shall employ only workers who are competent and skilled for work under this contract. The City shall, throughout the term of the contract or any extension thereof, have the right of reasonable rejection and/or approval of staff assigned to the work by the contractor. If the Contract Administrator rejects one of Contractor's staff, the Contractor must provide replacement staff satisfactory to the City at no additional cost to the City. If, in the opinion of the City, any Contractor employee who is incompetent, disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 11 otherwise unsatisfactory, that employee shall be removed immediately from work under this contract upon request of the City. 2.2 The Contractor shall appoint a Project Manager who shall be responsible for the performance of the work and an alternate(s) who shall act for the Contractor when the Project Manager is absent. The names of these persons shall be designated in writing to the City along with contact information. For this work, the term “Project Manager” shall include the alternate as specified above. The Project Manager, or their designee/alternate, shall be available during normal business hours to meet with City representative(s) to discuss any problem areas. The Project Manager shall have a telephone to permit timely contact by the City. The Project Manager must respond to a call within 30 minutes. 2.3 Contractor acknowledges it is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Contractor shall not assign, sublet, transfer or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City. It is the intent of this RFP that all work is to be performed by Contractor's forces. 2.4 No unauthorized person or persons not employees of the Contractor (i.e., spouse, children, brother, sister, friends, etc.) shall be allowed within the immediate work area during the performance of services under this contract. 2.5 Wherever work is being performed, Contractor shall have a designated person at the work site that has the authority to respond to the Contract Administrator and/or any citizens about work details or priorities. This designated person shall be able to accurately and effectively communicate any essential information. 2.6 Contractor shall provide supervision to assure that tasks are performed to the standards set forth herein. Contractor is solely responsible for the day-to-day supervision and control of Contractor’s employees. Personal supervision is not required provided that equipment or other means are given enabling the work crews to communicate with the Contractor at all times. 3.0 STANDARDS OF PERFORMANCE 3.1 Contractor is expected to provide the highest level of quality compatible with practices and modern techniques accepted by the industry. The Contract Administrator shall be the sole judge as to whether Contractor's work conforms to the specifications. 3.2 Contractor shall provide at their own risk, all labor, materials, supervision, tools, equipment, insurance, storage, transportation, vehicles, hauling, dumping, proper protection and all other items needed, or as directed to perform the work described in this RFP. 3.3 Contractor is expected to be familiar with all areas and locations of the work and if they are not, shall have those questions answered before commencing work on this contract. 3.4 The Contractor’s employees shall leave work areas free of all dirt, litter, or other materials utilized to perform services. The Contractor shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to the work areas. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 12 4.0 SCOPE OF WORK & FACILTIES TO BE MAINTAINED 4.1 The service areas, hours of operation, and frequencies of service under the provisions of this Contract are detailed in the technical specifications of this exhibit. 5.0 PAYMENT AND INVOICES 5.1 The Contractor shall present invoices 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 the City for all services rendered by the Contractor under the terms and conditions of this Contract. 5.2 The Contractor’s monthly invoices for services shall be prepared and submitted in an electronic format, clearly indicating the Purchase Order number, unit price, total work performed, the date the work was completed and correctly extended totals for each individual bid item or separate item of work. Contractor shall submit said invoices to the contract administrator, or designee. 5.3 Invoices for approved Extra Work shall be in a format acceptable to the Contract Administrator, including attachments, such as copies of suppliers’ invoices, which the Contract Administrator may require to verify Contractor’s billing. Invoices for Extra Work shall be submitted on separate invoices. Unless otherwise requested by the Contract Administrator, one invoice shall be submitted for each discrete and complete item of Extra Work. 5.4 Adjustments in payment for changes will be determined by Contractor proposal and agreement between the Contract Administrator and Contractor. If unable to reach agreement, Contract Administrator may direct Contractor to proceed by allowing him/her to use the following percentages as added costs for the markup of all overhead and profits: a. Materials…….…………...15 b. Equipment Rental……….15 c. Labor to be charged at rates as outlined in Contractor Proposal. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract. 5.5 In the event the City transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this Contract shall continue in full force and effect, except said portion, at the discretion of the Contract Administrator, may be deleted from the agreement and the Contract sum shall be reduced accordingly. 5.6 The Contract Administrator may, at his discretion, add new Facilities to be maintained and/or require additional services. The Contractor shall be compensated for the additional facilities or services that are designated after the date of the commencement of this Contract based on a negotiated bid. Bid costs shall not exceed customary costs of similar equipment as submitted in DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 13 the Request for Bids or as adjusted in accordance with subsequent amendments to the agreement. The Contract Administrator shall notify the Contractor of additions, reductions or deletions of areas to be serviced in writing. 6.0 ENFORCEMENT, DEDUCTIONS AND LIQUIDATED DAMAGES 6.1 The Contract Administrator shall be responsible for the enforcement of this Contract on behalf of City. In addition to deductions stipulated in other sections of this agreement, the Contract Administrator may enforce deductions in accordance with Section 6.0. 6.2 If, in the judgment of the Contract Administrator, the Contractor is deemed to be non-compliant with the terms and obligations of the Contract, the Contract Administrator, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the 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 forwarded to the Contractor by the Contract Administrator in a written notice describing the reasons for said action. 6.3 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. 7.0 INSPECTIONS, MEETINGS, & REPORTS 7.1 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. 7.2 The Contractor or his authorized representative shall meet with the Contract Administrator or his representative on each site at the discretion and convenience of the Contract Administrator, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 7.3 At the request of the Contract Administrator, the Contractor, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the Contract Administrator, for purposes of orientation, information sharing, Contract revision, description of City policies, procedures, standards, and the like. 8.0 EXTRA WORK 8.1 The City may award Extra Work to the Contractor, or to other forces, at the discretion of the Contract Administrator. New or unforeseen work will be classified as “Extra Work” when the Contract Administrator determines that it is not covered by Contract unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the Contract Administrator and the Contractor or on a Time and Materials basis in accordance with Section 5.0 and Section 8.0. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 14 8.2 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 Contract Administrator This proposal is subject to acceptance or negotiation by the Contract Administrator. 8.3 In the event that Contractor’s proposal for Extra Work is not approved, the Contract Administrator reserves the right to perform such work with other forces or to compel the Contractor to perform the work on a Time and Material basis. Invoices for Extra Work on a Time and Material basis are subject to Contractor markup in accordance with Section 5.4 8.4 When a condition exists which the Contract Administrator deems urgent, the Contract Administrator 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 Contract Administrator for approval. 8.5 All Extra Work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 9.0 REGULATORY AGENCY COMPLIANCE/SWPPP 9.1 The 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 the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. 9.2 If in the opinion of the Authority having jurisdiction, the Contractor is not in compliance with this provision, the City reserves the right to implement BMP’s to the maximum extent practical and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 9.3 The Contractor shall be responsible for paying any and all fines or penalties to regulatory agencies caused by failure to maintain complete and accurate records as required by law. In addition to any fines levied, the Contractor agrees to pay the City or have withheld from payments, a sum equaling 15% of any levied fine to compensate the City for administrative costs due to the Contractor’s failure to comply with this provision. 10.0 CONTRACTOR'S DAMAGES 10.1 All damages incurred to existing facilities by the Contractor’s operation shall be repaired or replaced, by the Contractor or by other forces, all at the discretion of the Contract Administrator, all at the Contractor’s expense. 11.0 COMMUNICATIONS AND EMERGENCY RESPONSE 11.1 The Contractor shall, during the term of this Contract, maintain a single telephone number at which the Contractor or Contractor’s responsible employee may be contacted at any time, twenty- DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 15 four hours per day, to take the necessary action regarding all inquiries, complaints and the like, that may be received from the Contract Administrator or other City personnel. 11.2 All requests for emergency services during a normal 7 a.m. to 5 p.m. working day shall require a qualified employee to be dispatched to the required location as soon as possible after notification; but in all cases within three (3) hours, to the satisfaction of the Contract Administrator. 11.3 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 Contract Administrator, charge the cost thereof to the Contractor, or deduct such cost from any amount due to the Contractor. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 11.4 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 Contract Administrator at all reasonable times. 12.0 SAFETY 12.1 Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable federal, state, county and local laws, ordinances, codes and regulations in performing the work under this contract. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein. Contractor shall be solely responsible for the safety and welfare of all Contractors’ personnel performing work under this contract. Contractor is solely responsible for advising and educating all potentially affected personnel to the health hazards associated with this work prior to personnel commencing work under this contract. 12.2 The Contractor shall develop and maintain for the duration of the Contract a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. 12.3 All work shall be performed with the utmost concern for safety of City staff, the workers, and the public. Where necessary, contractor shall barricade or temporarily close to the public those areas where work is being performed. 13.0 HOURS AND DAYS OF MAINTENANCE SERVICES 13.1 The acceptable daily hours of services shall be 7:00 a.m. to 5:00 p.m., Monday through Friday excluding City holidays, which shall be considered normal work hours as may pertain to any other provision of the Contract. 13.2 Contractor shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the Contract Administrator. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 16 14.0 MAINTENANCE SERVICE SCHEDULES 14.1 The Contractor shall, within thirty (30) days after the award of bid of this Contract, submit work schedules to the Contract Administrator for review and approval. Said work schedules shall identify required operations and delineate the time frames for performance. 14.2 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the Contract Administrator. Said revisions shall be submitted to the Contract Administrator for his review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier. 15.0 CONTRACTOR'S STAFF AND TRAINING 15.1 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 15.2 In cooperation with the Carlsbad Police Department, Contractor agrees to, and to pay for, background checks if required by the Contract Administrator on all personnel providing Inspection and Maintenance services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem during this agreement performance period the City may request different personnel. 15.3 Contractor shall have “Local” representation for the purposes of managing this agreement. “Local” in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, Los Angeles or Riverside counties. Contractor shall provide, prior to commencement of work under this Agreement, in writing to the Contract Administrator, a statement indicating by name the specific authority vested in the "Local" representative. Contractor’s "Local" representative shall be responsible for instructing and training of Contractor’s personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7:00 a.m. to 5:00 p.m., Monday through Friday). 15.4 Each crew of the Contractor’s employees shall include at least one individual 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 site without other Contractor’s supervisory personnel present. 15.5 The Contract Administrator may at any time give the Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of the public patronizing the premises. Contractor shall meet with representatives of the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor’s employees will not be detrimental to the interest of the public patronizing the premises. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 17 15.6 The Contract Administrator may at any time order any of the Contractor’s personnel removed from the premises when, in the reasonable belief of the Contract Administrator, said Contractor’s personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the City or the public patronizing the premises. 15.7 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 Contract Administrator. 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. 16.0 NON-INTERFERENCE - NOISE 16.1 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. 16.2 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. 17.0 DRUG AND ALCOHOL FREE WORKPLACE 17.1 The City is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. Contractor agrees that Contractor and Contractor’s employees, while performing services for the City, on City property, or while using City equipment will not be in possession of, use, or be under the influence of drugs or alcohol. 17.2 City has the right to terminate or declare this or any other agreement Contractor has with the City in default if Contractor’s employees are determined by the Contract Administrator to have breached the provisions of Section 15 herein. 18.0 ASSIGNMENT OF CONTRACT 18.1 Contractor shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the Contract Administrator. 19.0 Negotiated Bid and Acceptance 19.1 The City may award work to the Contractor, at the discretion of the Contract Administrator. New work will be awarded on a negotiated bid and acceptance basis as when the Contract Administrator 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 the City and the Contractor or on a Time and Material basis in accordance with the Contractor’s Proposed Cost of Services chart. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 18 19.2 Prior to performing any work, the Contractor shall prepare and submit a written bid 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 bid by the Contract Administrator. 19.3 All work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 20.0 Time and Materials 20.1 In the event that the Contract Administrator determines that work requested is of an unknown duration, not easily quantified or the Contractor’s proposal for work is not approved, the Contract Administrator 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. 20.2 The Contract Administrator 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 ………..As Stipulated in Contractor’s Proposed Cost of Services chart. 2) Materials ……As Stipulated in Contractor’s Proposed Cost of Services chart. 3) Equipment Rental ………………. 15% 4) Other Items and Expenditures ….15% Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract. 20.3 All work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 19 FEE SCHEDULE Schedule A – Cost of Routine Services Building Location Address Cost per Service Annual Cost (19 services/year) Alga Norte Community Park Complex 6565 Alicante Road $89.25 $1,695.75 Aviara Community Park Overlook Catering Facility 6435 Ambrosia Lane $55.50 $1,054.50 Calavera Hills Community Center 2997 Glasgow Dr. $77.75 $1,477.25 Carlsbad Water Recycling Facility 6231 Avenida Encinas $55.75 $1,059.25 Chase Field Snack Bar 3349 Harding St. $45.50 $864.50 City Administration 1635 Faraday Ave. $68.50 $1,301.50 City Hall Complex and Council Chambers 1200 Carlsbad Village Dr. $77.75 $1,477.25 City Maintenance Yard Complex 405 Oak Ave. $68.50 $1,301.50 Community Swim Complex 3401 Monroe St. $68.50 $1,301.50 Elmwood House 2955 Elmwood St. $55.50 $1,054.50 Farmers Building 5815 El Camino Real $118.75 $2,256.25 Fire Station #1 1275 Carlsbad Village Dr. $77.75 $1,477.25 Fire Station #2 1906 Arenal Rd. $77.75 $1,477.25 Fire Station #3 3465 Trail Blazer Way $85.00 $1,615.00 Fire Station #4 6885 Batiquitos Ln. $77.75 $1,477.25 Fire Station #5 2540 Orion Way $85.00 $1,615.00 Fire Station #6 7201 Rancho Santa Fe Rd. $77.75 $1,477.25 Fire Station #7 4600 Carlsbad Blvd. $77.75 $1,477.25 Fleet Maintenance Center 2480 Impala Dr. $77.75 $1,477.25 Harding Community Center Complex 3096 Harding St. $77.75 $1,477.25 Holiday House 3235 Eureka Place $45.50 $864.50 Kruger House 3215 Eureka Place $55.50 $1,054.50 Leo Carrillo Park Facilities 6200 Flying LC Lane $85.00 $1,615.00 Library (Dove) 1775 Dove Lane $77.75 $1,477.25 Library (Cole) 1250 Carlsbad Village Dr, $77.75 $1,477.25 Library Learning Center 3368 Eureka Place $77.75 $1,477.25 Magee Park Complex 258 Beech Ave. $55.50 $1,054.50 Parks Maintenance Complex 1166 Carlsbad Village Dr. $55.50 $1,054.50 Pine Community Center 3209 Harding Street $85.00 $1,615.00 Railroad Depot (ConVis) 400 Carlsbad Village Dr. $55.50 $1,054.50 Police & Fire Headquarters 2560 Orion Way $85.00 $1,615.00 Safety Training Center 5750 Orion Way $85.00 $1,615.00 Scout House 3225 Eureka Place $55.50 $1,054.50 Senior Center 799 Pine Ave. $68.50 $1,301.50 Stagecoach Community Center 3420 Camino de los Coaches $77.75 $1,477.25 Water District Facilities 5950 El Camino Real $77.75 $1,477.25 Schedule A Subtotal (Annual Cost of Services) $49,699.25 DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 20 Schedule B – Hourly Rates Hourly rate for as-needed services* $87.75 Hourly rate times 500 (estimated 500 hours per calendar year) $43,875.00 Schedule B Subtotal Schedule B Subtotal $43,875.00 Total proposal cost (Schedule A + Schedule B) $93,574.25 *The proposed hourly rate for as-needed services is inclusive of all costs associated with the requested as- needed service. The hourly rate includes the contractors travel times, overhead, profit, and materials used to perform as needed services. TECHNICAL SPECIFICATIONS Contractor shall provide pest management services at the locations listed in the table above. The proposed pest management services must comply with the City’s Integrated Pest Management Plan (IPMP), Exhibit B. The contractor’s fees for service include all required materials, tools and labor necessary to provide these services. The intended result of the pest management services is such that no insect or rodent activity will be detectable at the locations serviced. The frequency of treatment at each location is one service a month year-round with a second service at each facility during the months of April through October. The CONTRACTOR shall on an as needed basis as well as regular intervals conduct the following Rodent/Avian/other Animal Controls: 1) Inspect facilities monthly for sign of rodent or other animal activity or infestation. 2) When rodent or other animal activity is found, control measure will be applied and increased in the areas of activity. 3) When rodent or other animal activity is found or suspected, tracking powder may be used in Tracking Powder Stations or concealed voids. 4) Snap traps (baited or with expanded trigger) may be used in areas where such traps will not present a hazard to customer and/or employees. 5) Glue stations shall be used in areas that a hazard to customers or employees may exist. 6) The contractor shall check and maintain all traps and remove rodents from them on a weekly basis until seven days pass without evidence of rodent infestation. 7) Bait stations may be used in unoccupied storage facilities but shall not be used in occupied buildings. 8) The contractor shall provide these traps and materials at no extra cost to the City and shall maintain the increased activity until rodent activity is no longer evident in the area. 9) The CONTRACTOR shall submit Service and Inspection reports and any recommendations for preventative measures after each service. Additional Contractor Requirements 1) The contractor is required to provide service within eight (8) hours of City’s request, seven (7) days per week. The contractor will be required to demonstrate this ability when requested by The City’s Authorized Representative as designated by the Public Works Superintendent, Facilities. 2) The contractor is required to provide uniformed service personnel. The contractor’s staff will be required to work in a semi-autonomous manner. The contractor’s staff will be required to interact in a businesslike and professional manner with City staff and members of the public. 3) The contractor shall provide safe access and egress for City of Carlsbad employees or members of the general public while work is in progress at City facilities. The contractor agrees to be DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 21 responsible for providing and installing any safety or cautionary equipment necessary to prevent unauthorized access to work areas including common public areas. 4) The contractor shall provide all pesticides, traps, related items and labor necessary to perform its work under this Agreement. 5) The contractor may be required to provide after-hours service during non-business hours when staff are not present. Prior to working in any city building the Contractor’s employees will be required to pass Live Scan fingerprinting and a background check at the Contractor’s expense. Random background checks may also be administered. The City of Carlsbad will determine the frequency of background checks and will notify the Contractor in writing of the acceptability of the Contractor’s employees. The Contractor agrees the City of Carlsbad will be the sole judge of the suitability of the Contractor’s employees to perform any work on City of Carlsbad-owned or maintained property. In cooperation with the Carlsbad Police Department, contractor agrees to, and pays all cost for, fingerprinting and background checks on all personnel providing custodial services for this contract. The contractor shall keep I-9 forms and any required attachment documentation on file for all employed personnel servicing this contract. In the event such background check reveals an item, which Carlsbad Police or the contract administrator deems a security problem, the City of Carlsbad shall request that such individual be removed from the list of personnel authorized to provide services under this contract. Throughout the life of the contract, the city reserves the right to require the contractor to have fingerprinting and background checks updated or completed upon request at the contractor’s cost. There will be no exceptions and no substitutions of personnel without prior fingerprinting and background clearance checks. Contractor shall immediately notify the contract administrator when contractor’s staff has been terminated and shall recover all City-issued keys from the terminated staff. TENTATIVE SCHEDULE: 1) Contractor shall provide services once a month at all facilities. 2) Additional service shall be provided for all facilities beginning with the month of April through October 3) Additional, as needed, services shall be provided to address increased pest activity, bees, wasps or other infestations. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 22 EXHIBIT “B” CITY OF CARLSBAD INTEGRTED PEST MANAGEMENT PLAN Parks & Recreation Department Public Works Department Section I - Purpose The purpose of this Integrated Pest Management (IPM) plan is to direct health conscious and environmentally sensitive pest management strategies on city owned or controlled properties and public rights of way, in accordance with applicable federal, state and local regulations. Section II - Policy The city will focus on the prevention and suppression of pest issues with the least impact on human health, the environment, and non-target organisms. In particular, the use of chemical pesticides on city owned or operated properties and public rights of way will be significantly reduced, according to these guiding principles: A. Emphasize the initial use of organic pesticides. B. Limit the use of chemical pesticides where the general public congregates. C. Use EPA level pesticides in a targeted manner, and only if deemed necessary by supervisory staff: to protect public safety; to prevent a threat to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss - when pests cannot be managed by other tactics. Section III - Goals The goals of the IPM plan are: A. Protect human health and the surrounding environment by implementing a range of preventative strategies, and using the least-toxic pesticides available for pest control and eradication. B. Monitor presence of pests on a routine basis to ensure the most effective (combination of) pest control tactics are being used. Reference Section VI. E. 6. C. Minimize the quantity of products used for pest management. D. Use species-specific products for pest management and carefully target application areas. E. Chemical pesticides shall only be applied to protect public safety; to prevent a threat to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss - when pests cannot be managed by other tactics. F. Provide public notification signs at perimeter of outdoor areas or at entrances of buildings, where chemical pesticides are to be applied. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 23 Section IV – Response One of the characteristics of an IPM approach that make it effective is that the basic decision-making process is the same for any pest problem in any location. The strategies and tactics may change, but the steps taken to decide if and when treatment is needed, and which methods to use, are the same each time. The IPM plan is built around the following components: A. Routinely monitoring the pest populations and other relevant factors B. Accurately identifying the pest C. Determining injury and action levels that trigger treatments D. Timing treatments to the best advantage E. Spot treating the pest (to minimize human and other non-target organism exposure to pesticides) F. Selecting least disruptive tactics G. Evaluating the effectiveness of treatments to determine future actions Section V - General Preventative Practices General preventative practices are simple landscaping procedures that eliminate sources of food, water and shelter that attract pests to the building or grounds. The city shall use the following methods as the foremost means for controlling pests and preventing outbreaks: A. Install mulch and other landscaping best practices to promote soil and plant health. B. Use weed-free soil amendments. C. Plan and maintain landscape features to eliminate safe havens for pests and rodents. D. Clean up plant debris, especially from fruit-bearing trees. E. Remove invasive plants that are known to harbor or provide food for pests. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 24 Section VI - Pest Control Tactics Integrated Pest Management uses a variety of pest control tactics in a compatible manner that minimize adverse effects to human health and the environment. A combination of several control tactics is usually more effective in minimizing pest damage than any single control method. The type of control(s) selected will likely vary on a case-by-case basis due to differing site conditions. The primary pest control tactics to choose from include: • Cultural • Mechanical • Environmental/Physical • Biological • Pesticide A. Cultural Controls Cultural controls are modifications of normal plant care activities that reduce or prevent pests. Cultural control methods include adjusting the frequency and amount of irrigation, fertilization, and mowing height. For example, spider mite infestations are worse on water-stressed plants; over-fertilization may cause succulent growth which then encourages aphids; too low of a mowing height may thin turf and allow weeds to become established. B. Mechanical Controls Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest problems, such as handpicking, physical barriers, or machinery. Other examples include hoeing and applying mulch to control weeds, using trap boards for snails and slugs, and use of traps for gophers. C. Environmental/Physical Controls The use of environmental/physical controls such as altering temperature, light, and humidity, can be effective in controlling pests. Although in outdoor situations these tactics are difficult to use for most pests, they can be effective in controlling birds and mammals if their habitat can be modified such that they do not choose to live or roost in the area. Other examples include removing garbage in a timely manner, and using netting or wire to prevent birds from roosting. D. Biological Controls Biological control practices use living organisms to reduce pest populations. These organisms are often also referred to as beneficials, natural enemies or biocontrols. They act to keep pest populations low enough to prevent significant economic damage. Biocontrols include pathogens, parasites, predators, competitive species, and antagonistic organisms. Biocontrols can occur naturally or they can be purchased and released. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 25 The most common organisms used for biological control in landscapes are predators, parasites, pathogens and herbivores. • Predators are organisms that eat their prey (e.g. Ladybugs) • Parasites spend part or all of their life cycle associated with their host. Common parasites lay their eggs in or on their host and then the eggs hatch, the larvae feed on the host, killing it (e.g. tiny stingless wasps for aphids and whiteflies) • Pathogens are microscopic organisms, such as bacteria, viruses, and fungi that cause diseases in pest insects, mites, nematodes, or weeds (e.g. Bacillus thuringiensis or BT) • Herbivores are insects or animals that feed on plants. These are effective for weed control. Biocontrols for weeds eat seeds, leaves, or tunnel into plant stems (e.g., goats and some seed and stem borers) In order to conserve naturally occurring biocontrols, broad-spectrum pesticides should not be used since the use of these types of pesticides may result in secondary pest outbreaks due to the mortality of natural enemies that may be keeping other pests under control. E. Pesticide Controls As defined in California Food and Agriculture Code Section 12753, “Pesticide” includes any of the following: (a) any spray adjuvant; (b) any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth or for preventing, destroying, repelling or mitigating any pest…which may infest or be detrimental to vegetation, man, animals, or households, or be present in any agricultural or nonagricultural environment whatsoever. The term pesticides include organic products and chemical products. Insecticides, herbicides, fungicides and rodenticides are all pesticides. Pesticides may be used when other methods fail to provide adequate control of pests and before pest populations cause unacceptable damage. When pesticides are to be used, considerations will be made for how to apply them most effectively. Pesticides that are broad-spectrum and persistent shall be avoided, since they can cause more environmental damage and increase the likelihood of pesticide resistance. The overuse of pesticides can cause beneficial organisms to be killed and pest resistance to develop. In addition, considerations should be given to the proximity to water bodies, irrigation schedules, weather, etc., that may result in the pesticide being moved off-site, into the environment. 1. Criteria for Selecting Treatment Strategies Once the IPM decision making process is in place and monitoring indicates that pest treatment is needed, the choice of specific strategies can be made. Strategies will be chosen that are: a) Least hazardous to human health b) Least disruptive of natural controls in landscape situations c) Least toxic to non-target organisms other than natural controls d) Most likely to be permanent and prevent recurrence of the pest problem e) Easiest to carry out safely and effectively f) Most cost effective in the long term g) Appropriate to the site and maintenance system DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 26 2. Selection of Appropriate Pesticides The following criteria will be used when selecting a pesticide: a) Safety b) Species specificity c) Effectiveness d) Endurance e) Speed f) Repellency g) Cost When selecting pesticides, supervisory staff will rely on advisement from State of California certified pest control applicators, to ensure that the most appropriate pesticide is selected. 3. Prioritized Use of Pesticides Pesticides are to be utilized in a prioritized approach on city properties as follows: a) Organic pesticides to be used first, when pesticides are deemed necessary. b) Pesticides registered with the California Department of Pesticide Regulations Registrations Branch to be used as a protocol. c) U.S. Environmental Protection Agency (EPA) Toxicity Category III “Caution” label pesticides to be used in a targeted manner by a certified pest control applicator, and only if deemed necessary by supervisory staff - to protect public safety; to prevent threats to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss - when pests cannot be managed by other tactics. d) U.S. EPA Toxicity Category II “Warning” label pesticides to be used in a targeted manner by a certified pest control applicator, and only if deemed necessary by supervisory staff - to protect public safety; to prevent threats to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss - when pests cannot be managed by other tactics. e) U.S. EPA Toxicity Category I “Danger” label pesticides, to be used in a targeted manner by a certified pest control applicator, and only if deemed necessary by supervisory staff - to protect public safety; to prevent threats to sensitive species or native habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss - when pests cannot be managed by other tactics. 4. Certification and Permitting Restricted use pesticides shall only be applied by, or under the direct supervision of, an individual with a State of California, Department of Pesticide Regulations, Qualified Applicators Certificate. Pesticides listed as "restricted" in the State of California shall be applied only under a restricted materials permit, issued by the San Diego County Department of Agriculture, Weights and Measures. The permit must be renewed annually for continued application. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 27 5. Employee Training Staff and contractors must know the information on the chemical label and the MSDS before using or handling the chemical. In addition, they will be trained annually and when a new pesticide is to be used. The certified pest control applicators must know: • The immediate and long-term health hazards posed by chemicals to be used, the common symptoms of chemical poisoning, and the ways poisoning could occur; and • The safe work practices to be followed, including the appropriate protective clothing, equipment, mixing, transportation, storage, disposal and spill cleanup procedures applicable to the chemical used • In addition to the training and annual continuing education required for certification, staff will be encouraged to participate in pesticide application programs that are above and beyond minimum compliance requirements. 6. Record Keeping Monitoring the effectiveness of the IPM plan over time requires diligent tracking of several items: pest populations and locations; management strategies employed; quantities and types of chemicals or other products used; and the outcome of pest management activities. The certified pest control applicator is responsible for maintaining, and submitting to the city as requested, records that include the following: a) Target pest b) Prevention and other non-chemical methods of control used c) Type and quantity of pesticide used d) Location of the pesticide application e) Date of pesticide application f) Name of the pesticide applicator g) Application equipment used h) Summary of results 7. Materials for Use – Least Toxic Pesticides Pesticides are considered a secondary resort under the tenets of IPM. This control strategy is to be used on city owned or controlled properties and rights of way after general preventative practices and non- chemical options – including organic pesticides - have been fully explored. Least-toxic pesticides meet the following criteria: a) Products contain no known, likely, or probable carcinogens - as listed by the CA Office of Environmental Health Hazard Assessment. b) Products contain no reproductive toxicants (CA Prop 65). c) Products contain no items listed by the CA Department of Toxic Substance Control as known, probable, or suspected endocrine disrupters d) Active ingredients have soil half-life of thirty days or less. e) Products are labeled as not toxic to fish, birds, bees, wildlife, or domestic animals. The term “least toxic” refers to pesticides that have low or no acute or chronic toxicity to humans, affect DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C PSA24-2377FAC 28 a narrow range of species and are formulated to be applied in a manner that limits or eliminates exposure of humans and other non-target organisms. Examples of least toxic pesticides include products formulated as baits, pastes or gels that do not volatilize in the air and that utilize very small amounts of the active ingredient pesticide, and microbial pesticides formulated from fungi, bacteria or viruses that are toxic only to specific pest species but harmless to humans. Least toxic pesticides include: • Boric acid and disodium octobrate tetrahydrate • Silica gels • Diatomaceous earth • Nonvolatile insect and rodent baits in tamper resistant containers • Microbe based pesticides • Pesticides made with essential oils (not including synthetic pyrethroids) without toxic synergists • Materials for which the inert ingredients are nontoxic and disclosed. The term least toxic pesticides does not include a pesticide that is: a) Determined by the U.S. EPA to be a possible, probable or known carcinogen, mutagen, teratogen, reproductive toxin, developmental neurotoxin, endocrine disrupter or immune system toxin. b) A pesticide in the U.S. EPA’s Toxicity Category I or II. c) Any application of the pesticide using a broadcast spray, dust, tenting, or fogging application. 8. Notification Signs Chemical pesticide application notification signs shall meet the following criteria: a) Posted at perimeter of outdoor areas or at building entrances, where chemical pesticides are to be applied. b) Posted at least 24 hours prior to application of chemical pesticides and shall remain for at least 72 hours after the application. c) Include “Notice – Pesticide Treated Area,” and product’s/manufacturer’s name, scheduled date of application, and pest to be controlled - e.g., weeds, insects, rodents. 9. Revisions Staff will review this IPM plan annually at minimum, and update it as needed. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C 10/02/2023 Guerin & Guerin Agency Inc 51 Hurley Avenue Kingston NY 12401 Joe Guerin 845-331-1567 845-331-4873 Joe@GuerinAgency.com Habitat Protection, Inc. 751 W 4th Ave Escondido, CA 92025 Philadelphia Indemnity Insurance Company 18058 A X X PHPK2610127 10/01/2023 10/01/2024 2,000,000 100,000 5,000 2,000,000 4,000,000 4,000,000 General Liability Includes Inspection Services, Pesticide/Herbicide Applicator, Pollution Liability Extension. Certificate Holder is Additional insured as required by written contract. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PHPK2610127 Various locations required by contractBlanket Additional Insured as required by written contract prior to the loss DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C 09/23/2022 Guerin & Guerin Agency Inc 51 Hurley Avenue Kingston NY 12401 Joe Guerin 845-331-1567 845-331-4873 Joe@GuerinAgency.com Habitat Protection, Inc. 751 W 4th Ave Escondido, CA 92025 Philadelphia Indemnity Insurance Company 18058 A X X PHPK2460160 10/01/2022 10/01/2023 2,000,000 100,000 5,000 2,000,000 4,000,000 4,000,000 General Liability Includes Inspection Services, Pesticide/Herbicide Applicator, Pollution Liability Extension. Certificate Holder is Additional insured as required by written contract. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 6721F56B-0035-4D8E-8353-9E78ABF52CD0DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C ACORD 25 (2001/08) The registration notices indicate ownership of the marks by their respective owners ©ACORD CORPORATION 1988, 2007 132849 03-13-2007 All rights reserved CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/03/2023 PRODUCER JOHN CHO 3520 COLLEGE BLVD., SUITE 104 OCEANSIDE, CA 92056 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED HABITAT PROTECTION, INC. 751 W. 4TH AVE. ESCONDIDO, CA 92025 dba Pestmaster INSURER A: State Farm Mutual Auto Insurance Company 25178 25178 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD’L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO-JECT LOC AUTOMOBILE LIABILITY 118-2848-F14-55F 287-5293-F05-55D 287-5294-F05-55D 352-5670-E23-55D 422-4780-B08-55B 446 9697-B12-55 451 1671-D11-55 493 9772-A16-55 11/28/2022 12/05/2022 12/05/2022 11/23/2022 02/08/2023 02/12/2023 04/11/2023 01/16/2023 11/28/2023 12/05/2023 12/05/2023 11/23/2023 02/08/2024 02/12/2024 04/11/2024 01/16/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY – EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 16 GMC C1500 VIN# 1GTN1LEC5GZ904827,16 GMC C1500 VIN#1GTN1LEC3GZ902638, 15 DODGE RAM VIN#3C6JR6AGXFG525331, 17 NISSAN FRONTIER VIN# 1N6BD0CT4HN706693, 06 FORD F350 VIN# 1FDWF35P66EC03322, 17 FORD T350HD VIN# 1FDRS6ZV0HKB53766, 2018 GMC 1GTN1LEC5JZ905399 Employee Non-Owned Coverage. APPLIES TO ALL PROJECTS WITH THE CITY OF CARLSBAD CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMWD c/o EXIGIS Insurance Compliance Services PO BOX 947 MURRIETA, CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JOHN CHO DocuSign Envelope ID: 6721F56B-0035-4D8E-8353-9E78ABF52CD0DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DocuSign Envelope ID: 6721F56B-0035-4D8E-8353-9E78ABF52CD0DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C DocuSign Envelope ID: 6721F56B-0035-4D8E-8353-9E78ABF52CD0DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C DocuSign Envelope ID: 6721F56B-0035-4D8E-8353-9E78ABF52CD0DocuSign Envelope ID: 54C2EC05-5203-4471-A322-AD55464B913C