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HomeMy WebLinkAboutKL Painting Inc; 2025-01-23; PR-MPW-24008RTracking #: ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 1 City Attorney Approved 6/5/2024 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING; CONT. NO. PR-MPW24008R This contract is made on the ______________ day of _________________________, 20__ , by the City of Carlsbad, California, a municipal corporation ("City") and KL Painting Inc., a California corporation whose principal place of business is 2440 Lorna Lane, Carlsbad, CA 92008 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Mike Anderson (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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 Contract 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 Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. 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 Contract. Contractor and any subcontractors shall comply with Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 23rd January 25 ("Contract") Specifications for Public Works Construction "Greenbook," latest edition and including all errata; Part 1 in the Contractor's proposal. constitute "public works" under Tracking #: ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 2 City Attorney Approved 6/5/2024 Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract 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 Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. 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. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may (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 Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 (' ') Contractor's Contractor's required certification utilize the Owner's Procore _______ _ Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 Tracking#: installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, 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. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that 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. Commercial General Liability 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. Property damage insurance in an amount of not less than ........ $2,000,000 ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page3 City Attorney Approved 6/5/2024 Tracking #: ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 4 City Attorney Approved 6/5/2024 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. the California Labor Code. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. 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, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expens arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within fourteen (14) working days after receipt of Notice to Proceed. Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. es of defense include all costs and expenses including attorneys' fees for litigation, Tracking #: ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 5 City Attorney Approved 6/5/2024 KL Painting 2440 Lorna Lane (name of Contractor) 899963 (street address) Carlsbad, CA 92008 license number) C33 1/31/2026 (city/state/zip) 760-705-5138 (license class. and exp. date) 1000432715 6/30/2025 (telephone no.) klpainting@gmail.com (DIR registration number/exp. date) (e-mail address) AUTHORITY. The individuals executing this Contract 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 Contract. [signatures on following page] Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 CONTRACTOR'S INFORMATION. (Contractor's Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 CONTRACTOR Kody Kinney, President/CFO (print name/title) By: N/A Single Signer (sign here) (print name/title) Tracking#: CITY OF CARLSBAD, a municipal corporation of the State of California By: Parks & Recreation Director ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. 1f__g_ corporation. Contract must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: Ulliq:0v f V'f>Sf Deputy/ Assistant City Attorney ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 6 City Attorney Approved 6/5/2024 Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 1/14/2025 before me, Keeley Pilkington, Notary Public (insert name and title of the officer) personally appeared _K_o_d_y_K_i_n_n_ey ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature \( R iJ,}Nsf§ ~ (Seal) KEELEY PILKINGTON f 0:: Commission No. 2399680 > ~ NOTARY PUBLIC -CALIFORNIA ~ i SAN DIEGO COUNTY ~ l""""'""'M""""""""'C~o~mm..,;;is;;;;sio~n~Ex:::.:,pir:;;es:,:.,A~pr:;_;il 5;::_;, 2:;:;0~26~ Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and Address DIR Registration No. License No., to be & Expiration Date Classification Subcontracted & Expiration Date NDNL ~/k ~1~ ~ ~ I Total% Subcontracted: __ '.tr~---- The Contractor must perform no less than 50% of the work with its own forces. ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING %of Total Contract NIA l CONT. NO. PR-MPW24008R Page 7 City Attorney Approved 6/5/2024 Tracking #: ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 8 City Attorney Approved 6/5/2024 EXHIBIT B SCOPE OF WORK Alga Norte Aquatic Center Concrete Re-Staining Refinish all previously stained green and blue concrete located throughout the Alga Norte Aquatic Center, including outside the lobby entrance, and in the patio outside the Conference Room. 1. Power wash all concrete to be re-finished before acid wash. 2. Acid wash and neutralize all concrete to be re-finished before second power wash. 3. Power wash all concrete to be re-finished before finish coats applied. 4. Apply two coats H&C Concrete Stain in a cross-pattern finish. Finish colors to be green and blue. Notes: Mask off and protect areas where work is being performed. Total not to exceed $52,000. *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 Tracking#: Bond Number: UCSX372X7662 EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to KL Painting, Inc (hereinafter designated as the "Principal"), a Contract for: ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONTRACT NO. PR-MPW24008R in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, KL Painting, Inc., as Principal, (hereinafter designated as the "Contractor"), and United Surety Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum offifty-two thousand dollars ($52,000), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipu I ates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 9 City Attorney Approved 6/5/2024 Docusign Envelope ID: 7D87D878-BA82-4DFB-9ACD-9C0884205BC7 Tracking#: This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this _1_4_t_h __ day of January \ I 11 JI I J 11 I 1' I) I JI 1 _K_L_P_a_in_t_in_g_, _ln_c _______ (SEAL) United Surety Insurance Company (SEAL) ' . ' 1 (Principal) (Surety) ~ I ...... ·..--~ ', I Vil ~ (~ , ) ' j JI. By: __________ ------..,...::-~'-------By: V'tvJ~/ • ~ P~-~ ~ j ~nature) Anthony Balzano I (Signature) . ' Atty In Fact I I ! \ \ I (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CER'fiF~CME) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: Deputy/ Assistant City Attorney ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 10 City Attorney Approved 6/5/2024 Tracking #: ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R Page 11 City Attorney Approved 6/5/2024 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a Public Works Awarding Body as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will to proceed with awarding this Contract. Contractor has an on-going well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 II limit the city's ability II I 's fleet, and for the fleets of obligation for term of this Agreement to provide copies of Contractor's. as and copying any and all documents or information associated with Contractor's and subcontractors' fleet upon two (2) calendar days' notice from the City. Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ohio County of ___ H_a_m_il_to_n ______ _ before me Jessica M. Doll, Notary Public I------------------ (insert name and title of the officer) personally appeared A~t~ 0~ A" ~9 I 2Ct\\(j , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of Ohio paragraph is true and correct. that the foregoing WITNESS my hand and official seal. ,,,,,,•"";·;,:·;·"••,,,, \.~ ,•.,_@~~~::!!*~ ~i (Seal) •,,,,,,ff.,,9.J,.",.,,,, JESSICA M. DOLL Notary Public, State of Ohio My Commission Expires: April 15, 2028 Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 UNITED CASUALTY AND SURETY INSURAl\JCE COMPAr~Y US Casualty and Surety Insurance Company United Surety Insurance Compmiy POWER OF ATTORI\IEY 171372 KNOW ALL MEN BY THESE PRESENTS: Thal United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casu.iltv and Surety Insurance Cornpanv (collectively, the Cornpanies), do by these presents make, constitute and appoint: Kelly Specht, Kandis Gregory, Anthony Balzano, JoAnn Smith, Cynthia S, Richter, Richard J. Taylor, Madeline Brown, Zachary R. Bradley, Donna Stolzenbach, Felicia Thomas, Tracie J. Rutzinski, Dawn E, Gittens, Rick Bredow its true and lawful Attorney(sj-in-Fact, each in their separate capacity if more than one is rrnrned above, with full power and authority hereby conferred in its name, pl,1c:e and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertalcings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not e~ceed Three Million Five Hundred Thousand & 00/100 Dollars ( $3,500,000.00 ), This Power of Attorney shall expire without further action on December 31", 2025. This Power of Attorney is granted under and by authority of the following resolutions adopted bv the Board of Directors of the Companies at a meeting duly called and held on the 1" day of July, 1993: Resolved that the President, Tn~asurer, or Secreta1y be and they are hereby authori:t.ed and empowered to appoint Attorneys-in-Fact of the Company, in its name and us its atts to execute and acknowledge for mid on its behalf as: Surely any and .111 bonds~ recognizances, contracts of indemnity, waiver~ of dtat.ion and all other writinr,s oliligatory in the nature thercot, with power to attach thereto the se..a/ of the Company. Any such writings so executed by such AttornC?ys-ir.-Fnct shal! be bindinG upon the Company as if they had been duly executed and admowfedgcd by thn recularly elected Otticcrs of the Cornp,my in their own proper persons. Th.i.t the signature of any officer authorized by Resolutions of this Bon rd and the Company !ieal.may be affixed by facsimile to uny power of attorney or speciul power of attorney or certification of either given for the e>:ecution of any bond, undertaking, recognizance or other written oblir,ation in thr. nature thereof; such signature and ..seal, when so used being here_by adopted by the Company as the origlno:11 si3nat.ure of such officer and the original seal of the Company, to be valid and binding uµon tt1i: Company with the same force·,md effcl!t as though manually .1ffixed. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 13th day of May, 2024 Corporate Seals UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety lnsurar)ce Company Unitecl Surety Insurance Company ,/ I L~y{p 3---Gwh,\ R. Kyle Fowler, Treasurer Commonwealth of Massachusetts County of Suffolk ss: On this 13th day of May, 2024 , before me, Colleen A. Cochrane, a notary public, personally appeared, R. Kyle fowler, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in hi.s authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing parngraph is true and correct. WITNESS my hand and seal. ~ • -~•-~---COI.Lef:rlf',. COClillANE l, j(_~:,( u~ . .tr 1 ,.e~'-Cfit,~•,;C_:::;; (Sea l} i NGtaiy Public, Cornmo111veami o/M1machusclls Notary Public commission Expires: 19th/202s " My Commission Expires 10/27/2028 / ·---·--------- 1, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, i,,xecuted by said Companies, which is still in full force and effect; furtl1ermore, the resolutions of the Board of Directors, set out in the Power of Attorney are In full force and effect. 14th In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this __________ day of January 2025 Corporate Se;,ls Robert F. Thomas, President TO CO/JF!BM flUTNEN'rlCllr' OF THi$ BOND Di\ nOCUI\IF.NT EiVl.().il.: CONFIRMBOND(!j)UNITEDCASUALTV.COM Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ohio County of ___ H_a_m_il_to_n ______ _ before me Jessica M. Doll, Notary Public I------------------ (insert name and title of the officer) personally appeared A~t~ 0~ A" ~9 I 2Ct\\(j , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of Ohio paragraph is true and correct. that the foregoing WITNESS my hand and official seal. ,,,,,,•"";·;,:·;·"••,,,, \.~ ,•.,_@~~~::!!*~ ~i (Seal) •,,,,,,ff.,,9.J,.",.,,,, JESSICA M. DOLL Notary Public, State of Ohio My Commission Expires: April 15, 2028 Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 Tracking#: EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) {"Fleet") is true and correct: D The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. D The Fleet is exempt from the Regulation under Section 2449.1{f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. D Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1{f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). D The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449{i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449{c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449{i)(4}. -~ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: ~K~L ~Pa=i~nt=in=g~l~n=c·'-------------- Name: Title: Date: '/\½) 1011 ALGA NORTE AQUATIC CENTER CONCRETE RE-STAINING CONT. NO. PR-MPW24008R ( Page 12 City Attorney Approved 6/5/2024 Docusign Envelope ID: 7DB7DB78-BA82-4DFB-9ACD-9C0884205BC7 KL PAINTING INC License # 899963 2440 Lorna Lane Carlsbad, CA 92008 Phone: 760-613-9891 Office: 760-705-5138 Email: klpainting@gmail.com ~TTN: Mike Anderson ~quatic Maintenance Supervisor 6565 Alicante Road Carlsbad, CA 92009 Phone: 442-888-3486 Email: mils;e,a□i:lec::zc□@1';;acl::zbai:l1:;a,gg~ Concrete: JOB SITE Alga Norte -Refinish Concrete 6565 Alicante Rd Carlsbad, CA 92009 Job Description Estimate January 13, 2025 Refinish all previously stained green and blue concrete located throughout the Alga Norte Aquatic Center as follows: 1. Power wash all concrete to be re-finished before acid wash 2. Acid wash and neutralize all concrete to be re-finished before second power wash 3. Power wash all concrete to be re-finished before finish coats applied 4. Apply two coats H&C Concrete Stain in a cross pattern finish, finish colors to be green and blue Notes: 1. Mask off and protect areas where work is being performed 2. This is a prevailing wage project 3. Paint, material and labor included in this estimate 4. Start date to be determined Estimate Estimate: $52,000.00 Total: $52,000.00 KL Painting, Inc. Date Authorized Signer Date ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/27/2024 License # 0L78680 (866) 376-2510 (866) 376-2511 20443 KL Painting Inc 2440 Lorna Lane Carlsbad, CA 92008 20260 19445 A 2,000,000 X X C6984546721 5/27/2024 5/27/2025 100,000 5,000 2,000,000 4,000,000 4,000,000 1,000,000B 50011866901 6/27/2024 6/27/2025 1,000,000C BE018576833 5/27/2024 5/27/2025 1,000,000 Re: All Projects Additional Insured status applies to City of Carlsbad under the Commercial General Liability Policy subject to attached endorsements. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 KLPAINT-01 CPECKHAM Rock 10 Insurance Services P O Box 15608 San Diego, CA 92175 service@rock10insurance.com Continental Casualty Company Infinity Select Insurance Co. National Union Fire Ins. Co. X X X X X X X X ACORD" I ~ !"# %&'(%! %')#*+%#'* ,*'-*+. /01234 +55646710/ (189:35 ; '<13:8= >388338 7: %714:0?47:8 !"#$%&'%(( )*+,-,,./01234 "05 /678 9 0: ,;<=0>?8@8<A "05 ;::83A2B8 C6A85 D<?E>8= "6@85 !0F4>27GA !"# #11 H27GA? H8?8>B8=I D<31E=8? 30F4>27GA8= @6A8>261 0: D<?E>6<38 J8>B238? K::238L D<3I E?8= M2AG F8>@2??20<I NG2? 8<=0>?8@8<A @0=2:28? 2<?E>6<38 F>0B2=8= E<=8> AG8 :0110M2<75 !KOO;H!D#P Q;";H#P PD#RDPDNS !KT;H#Q; /#HN /01234 "E@U8>5 ;<=0>?8@8<A ;::83A2B85 6A 9,5-9 6I@I "6@8= D<?E>8=5 "%&!@A>! )0B3 7C +55646710/ (189:35 ,3:871D8E 7: ':F016G04671D8E5 )R16<V8A.)JF832:23. +1H I3:871 7: 7:F016G04671 4J04 4J3 )0B35 (189:35 68 7K/6F0435 KH L6:493 7C 0 <:64431 ?714:0?4 7: <:64431 0F:33B314 47 B023 01 055646710/ 6189:35 71 4J68 %7L3:0F3 ,0:4= I:7L6535 89?J ?714:0?4 7: 0F:33B314M (8 ?9::314/H 61 3CC3?4 7: K3?7B38 3CC3?46L3 59:61F 4J3 I7/6?H I3:675N 015 O08 3P3?9435 I:67: 47M 0Q 4J3 K756/H 61R9:H= 7: I:7I3:4H 50B0F3N 7: KQ 4J3 7CC3183 4J04 ?09835 4J3 I3:8710/ 015 05L3:46861F 61R9:HN C7: <J6?J 4J3 055646710/ 6189:35 83328 ?7L3:0F3Q 6<= >7?04671D8E 7C %7L3:35 'I3:046718M +1H /7?04671 61 4J3 S?7L3:0F3 43::647:HT 4J04 68 89KR3?4 47 4J3 ?714:0?4 7: 0F:33B314 8I3?6C635 0K7L3Q 6<= +Q "3?4671 (( U OJ7 (8 +1 (189:35 2? 6@8<=8= A0 2<31E=8 6? 6< 2<?E>8= AG8 F8>?0< 0> 0>76<2W6A20< ?G0M< 2< AG8 J3G8=E18L UEA 0<14 A0 AG8 8XA8<A AG6A AG8 F8>?0< 0> 0>76<2W6A20< ?G0M< 2< AG8 J3G8=E18 2? G81= 126U18 :0> 40E> 63A? 0> 0@2??20<? 6>2?2<7 0EA 0: 40E> 0<702<7 0F8>6A20<? F8>:0>@8= :0> AG6A 2<?E>8=I Q Y2AG >8?F83A A0 AG8 2<?E>6<38 6::0>=8= A0 AG8?8 6==2A20<61 2<?E>8=?L AG8 :0110M2<7 6==2A20<61 8X31E?20<? 6FF145 NG2? 2<?E>6<38 =08? <0A 6FF14 A0 K756/H 61R9:H 0>I:7I3:4H 50B0F3 033E>>2<7 6:A8>5 VQ #11 M0>VL 2<31E=2<7 @6A8>261?L F6>A? 0> 8ZE2F@8<A :E><2?G8= 2< 30<<83A20< M2AG ?E3G M0>VL 0< AG8 F>0[83A )0AG8> AG6< ?8>B238L @62<A8<6<38 0> >8F62>?. A0 U8 F8>:0>@8= U4 0> 0< U8G61: 0: AG8 6==2A20<61 2<?E>8=)?. 6A AG8 1036A20< 0: AG8 30B8>8= 0F8>6A20<? G6? U88< 30@F18A8=\ 0> WQ NG6A F0>A20< 0:H79: <7:2 0EA 0: MG23G AG8 2<[E>4 0> =6@678 6>2?8? G6? U88< FEA A0 2A? 2<A8<=8= E?8 U4 6<4 F8>?0< 0> 0>76<2W6A20< 0AG8> AG6< 6<0AG8> 30<A>63A0> 0> ?EU30<A>63A0> 8<7678= 2< F8>:0>@2<7 0F8>6A20<? :0> 6 F>2<32F61 6? F6>A 0: AG8 ?6@8 F>0[83AI %Q Y2AG >8?F83A A0 AG8 2<?E>6<38 6::0>=8= A0 AG8?8 6==2A20<61 2<?E>8=?L AG2? 2<?E>6<38 61?0 =08? <0A 6FF14 A0 K756/H 61R9:HL I:7I3:4H 50B0F3 0>I3:8710/ 015 05L3:46861F 61R9:H 6>2?2<7 0EA 0: AG8 >8<=8>2<7 0:L 0> AG8 :621E>8 A0 >8<=8>L 6<4 F>0:8??20<61 6>3G2A83AE>61L 8<72<88>2<7 0> ?E>B842<7 ?8>B238?L 2<31E=2<75 VQ NG8 F>8F6>2<7L 6FF>0B2<7L 0> :6212<7 A0 F>8F6>8 0> 6FF>0B8L @6F?L ?G0F =>6M2<7?L 0F2<20<?L >8F0>A?L ?E>B84?L :281= 0>=8>?L 3G6<78 0>=8>? 0> =>6M2<7? 6<= ?F832:236A20<?\ 0> WQ JEF8>B2?0>4L 2<?F83A20<L 6>3G2A83AE>61 0> 8<72<88>2<7 63A2B2A28?I @Q ,:6B0:H 015 )71?714:6K947:H (189:01?3 D: ?0 >8ZE2>8= U4 6 M>2AA8< 30<A>63A 0> M>2AA8< 67>88@8<AL AG2? 2<?E>6<38 M211 U8 F>2@6>4 A0L 6<= M211 <0A ?88V 30<A>2UEA20< :>0@L 0AG8> 2<?E>6<38 E<=8> MG23G AG8 6==2A20<61 2<?E>8= 2? 6 <6@8= 2<?E>8=I REA 2< 611 0AG8> 2<?A6<38?L 6<= <0AM2AG?A6<=2<7 6<4AG2<7 A0 AG8 30<A>6>4 2< AG8 30<=2A20< 8<A2A18='4J3: (189:01?3L AG2? 2<?E>6<38 M211 U8 8X38?? 0: 6<4 0AG8> 2<?E>6<38 6B6216U18 A0 AG8 6==2A20<61 2<?E>8=I C6984546721 05/27/2024 KL PAINTING INC C6984546721 KL PAINTING INC 05/27/2024I !"# %&'(%! %')#*+%#'* ,*'-*+. /01234 +55646710/ (189:35 ; '<13:8= >388338 7: %714:0?47:8 !"#$%&'%(( )*+,-,,./01234 "05 /678 , 09 ,:;<0=>8?8;@ "05 :9983@2A8 B6@85 C;>D=8< "6?85 !0E4=27F@ !"# #11 G27F@> G8>8=A8<H C;31D<8> 30E4=27F@8< ?6@8=261 09 C;>D=6;38 I8=A238> J99238K C;3H D>8< L2@F E8=?2>>20;H !@ I01814 L2@F =8>E83@ @0 @F8 2;>D=6;38 7=6;@8< M4 @F2> 8;<0=>8?8;@K @F8 >83@20; 8;@2@18<%'..!*%(+> -!)!*+> >(+ (>(#A %')B(#(')"2> 6?8;<8< @0 6<< @F8 90110L2;7 @0 @F8 30;<2@20; 8;@2@18<B94638 (1 #C3 !D314 7E '??9::31?3= 'EE3183= %/06F 7: "9645 #;4 6<<2@20;61 2;>D=8< ED=>D6;@ @0 @F2> !0A8=678 /6=@ L211K 6> >00; 6> E0>>2M185 G@ N2A8 D> L=2@@8; ;0@238 09 6;4 3162?K 0= 09 6;4 7??9::31?3 0= 0998;>8 @F6@ ?64 =8>D1@ 2; 6 3162?O H@ I8;< D> 30E28> 09 611 18761 E6E8=> =8382A8< 6;< 0@F8=L2>8 300E8=6@8 L2@F D> 2; @F8 2;A8>@276@20;K <898;>8 0= >8@@18?8;@ 09 @F8 3162?O 6;< I@ P6Q8 6A6216M18 6;4 0@F8= 2;>D=6;38 6;< @8;<8= @F8 <898;>8 6;< 2;<8?;2@4 09 6;4 3162? @0 6;4 0@F8= 2;>D=8= 0= >819+2;>D=8= LF0>8 E01234 0= E=07=6? 6EE128> @0 6 10>> @F6@ L8 30A8= D;<8= @F2> !0A8=678 /6=@H R0L8A8=K 29 @F8 L=2@@8; 30;@=63@ =8SD2=8> @F2> 2;>D=6;38 @0 M8 E=2?6=4 6;< ;0;+30;@=2MD@0=4K @F2> E6=67=6EF I@ <08> ;0@ 6EE14 @0 2;>D=6;38 0; LF23F @F8 6<<2@20;61 2;>D=8< 2> 6 ;6?8< 2;>D=8<H J@ I01814 L2@F =8>E83@ @0 @F8 2;>D=6;38 7=6;@8< M4 @F2> 8;<0=>8?8;@5 G@ TF8 L0=<> U40DV 6;< U40D=V =898= @0 @F8 "6?8< C;>D=8< >F0L; 2; @F8 B8316=6@20;>H H@ A79: <7:2 ?86;> L0=Q 0= 0E8=6@20;> E8=90=?8< M4 40D 0= 0; 40D= M8F619K 6;< ?6@8=261> E6=@> 0= 8SD2E?8;@ 9D=;2>F8< 2; 30;;83@20; L2@F >D3F L0=Q 0= 0E8=6@20;>H -@ /01234 K06D3: 7E "9L:7M04671 W8 L62A8 6;4 =27F@ 09 =830A8=4 L8 ?64 F6A8 6762;>@ 6; 8;@2@4 @F6@ 2> 6; 6<<2@20;61 2;>D=8< D;<8= @F8 @8=?> 09 @F2> 8;<0=>8?8;@ L2@F =8>E83@ @0 E64?8;@> L8 ?6Q8 90= 2;XD=4 0= <6?678 6=2>2;7 0D@ 09 N79: <7:2 <0;8 D;<8= 6 L=2@@8; 30;@=63@ 0= L=2@@8; 67=88?8;@ L2@F @F6@ E8=>0; 0= 0=76;2Y6@20;K E=0A2<8< >D3F 30;@=63@ 0= 67=88?8;@5 G@ G8SD2=8> >D3F 6 L62A8= 09 0D= =27F@>O H@ C> 3D==8;@14 2; 89983@ 0= M830?8> 89983@2A8 <D=2;7 @F8 E01234 E8=20<O 6;< I@ W6> 8Z83D@8< E=20= @F8 L756/N 61O9:N= P:7P3:4N 50F0M3 0=P3:8710/ 015 05D3:46861M 61O9:N @F6@ 76A8 =2>8 @0 @F8 3162?H #11 0@F8= @8=?> 6;< 30;<2@20;> 09 @F8 /01234 =8?62; D;3F6;78<H TF2> 8;<0=>8?8;@K LF23F 90=?> 6 E6=@ 09 6;< 2> 90= 6@@63F?8;@ @0 @F8 /01234 2>>D8< M4 @F8 <8>27;6@8< C;>D=8=>K @6Q8> 89983@ 0; @F8 89983@2A8 <6@8 09 >62< /01234 6@ @F8 F0D= >@6@8< 2; >62< /01234K D;18>> 6;0@F8= 89983@2A8 <6@8 2> >F0L; M810LK 6;< 8ZE2=8> 30;3D==8;@14 L2@F >62< /01234H C6984546721 05/27/2024 KL PAINTING INC BEST CHOICE CONTRACTOR PROGRAM General Aggregate Limit - Per Project Endorsement CNA97898XX (4-2020)Policy No: Page 1 of 1 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes material copyrighted by Insurance Services Office, Inc. used with their permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A.all damages under Coverage A, except damages because of “bodily injury”or “property damage” included in the “products-completed operations hazard;”and B.all medical expenses under Coverage C; that arise from “occurrences”or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. II.All: A.damages under Coverage B, regardless of the number of locations or projects involved; B.damages under Coverage A, caused by “occurrences”which cannot be attributed solely to ongoing operations at a single project, except damages because of “bodily injury”or “property damage” included in the “products-completed operations hazard”; and C.medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III.The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the “occurrence”can be attributed solely to ongoing operations at a particular project. IV.When coverage for liability arising out of the “products-completed operations hazard”is provided, any payments for damages because of “bodily injury”or “property damage”included in the “products- completed operations hazard”will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V.If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. C6984546721 05/27/2024 KL PAINTING INC 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 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 SUBRWVDADDLINSD 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 AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNEDANY 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 OCCURRENCEDAMAGE 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 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD 09/30/2024 Ibsen Insurance Agency LLC 414 Fourth St. Ste A Woodland CA 95695 Brenda Gonzalez 530-668-8818 530-379-2826 brenda@ibseninsurance.com K L PAINTING INC 2440 LORNA LANE Carlsbad CA 92008 Mid Century Insurance Company 21687 A Y Y A09514719 10/01/2024 10/01/2025 6 1,000,000 1,000,000 1,000,000 The City of Carlsbad is listed as Additional insured on the named Insured's workers compensation policy for all projects with the city. Waiver of Subrogation applies in favor of the certificate holder on the workers compensation policy City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta GA 92564 ACORD® I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I Community Services Parks & Recreation Department 799 Pine Ave. Suite 200  Carlsbad, CA 92008  442-339-2826 t NOTICE TO PROCEED January 23, 2025 KL Painting Inc. 2440 Lorna Lane Carlsbad, CA 92008 Re: CONTRACT NO. PR-MPW24008R – Alga Norte Aquatic Center Concrete Re-Staining In accordance with the contract, you are hereby notified that the date for commencement of work on the subject project is February 6, 2025, or earlier. Unless you are entitled to an extension of time as set forth in the Standard Specifications, the completion date for all work under the contract is February 26, 2025. Please be advised that your point of contact with the city shall be Project Manager Mike Anderson at 442-888-3486 and/or mike.anderson@carlsbadca.gov. All business relating to this project must be done through the Project Manager. This division has no obligation to honor any commitment made by any other party. Sincerely, Mike Anderson Aquatic Maintenance Supervisor Parks & Recreation Department cc: Ashlee Benson, Recreation Services Manager Todd Reese, Parks Services Manager Kyle Lancaster, Director Mike Anderson, Superintendent Chad Kantner, Sr. Management Analyst Marsha Weeks, Management Analyst City Clerk C cityof Carlsbad