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HomeMy WebLinkAboutAstroturf Corporation; 2018-10-01;AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR SYNTHETIC TURF MAINTENANCE ASTROTURF CORPORATION := This Amendment No. 1 is entered into and effective as of the J~ay of :::a.J~ng c , 2o_B_, extending the agreement dated October 1, 2018 (the "Agreemnt")by and between the City of Carlsbad, a municipal corporation, ("City"), and Astrorturf Corporation, ("Contractor") (collectively, the "Parties") for Synthetic Turf Maintenance. RECITALS A. The Parties desire to extend the Agreement for a period of two years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on October 1, 2021, on an as-needed basis not-to-exceed thirty five thousand dollars ($35,000) per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: erat1ons Officer, Deputy City ger or pepartment Director as authorized by the City Manager ~/~)) J/J-P~ ~vr=' ~~~~e)~ #r. //Y· ATTEST: By: (print name/t1tle) !Jl:JL Q_w-:;_, r= ~~A~~~l.~~,fNGLESON ~ . ..,.tit r~,. ,~ ~ ~j.t4\7'" ,~~ ~ " ,•• 0~ •L•.~-:.0 ~ ~ ~Q 'D.-,-.,s. ~ n !~~ tUJ,-,4b ~\ t1\z~ = ! : ,o'-• 'Tj.. -c: = - . 'tis ~ -.. "' --', L/C ,;: ::::: If required by City, proper notarial acknowled ~~xecutic'.)'.r:t ~y~ontractor must be attached. If a corporation, Agreement must be signed by~~~~at~er from each of the following two groups: "111,11111J 1 NTY, G~,,,,,,,,-. //lflll\11 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: CELIAA. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 SECRETARY'S CERTIFICATE REGARDING BOARD OF RESOLUTIONS Astra Turf® TO WHOM IT MAY CONCERN: The Undersigned hereby certifies that: 1. He is the Secretary of AstroTurf Corporation, a Georgia Corporation (the "Company"), and that as such he has custody of the minutes of the proceedings of the Board of Directors of the Company and is personally familiar with the Company's affairs and records. 2. Attached hereto and marked as Exhibit A is a true and complete copy of a resolution duly adopted by the Board of Directors of the Company. Said resolution has not been amended, altered, or rescinded, and on the date hereof remains valid and binding and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, I have executed this instrument this 15th day of February, 2019. Secretary Exhibit A Rich Jordan hereby authorized to sign and otherwise execute and bind the Company with respect to any bid, proposal, or other submission to any entity for the purpose of the Company being awarded a contract to provide synthetic turf or perform any work that the Company is lawfully able to perform in any jurisdiction where the Company is authorized to do business. SECRETARY'S CERTIFICATE REGARDING BOARD OF RESOLUTIONS AstroTurf Construction Corporation TO WHOM IT MAY CONCERN: The Undersigned hereby certifies that: 1. He is the Secretary of AstroTurf Construction Corporation, a Georgia Corporation (the "Company"), and that as such he has custody of the minutes of the proceedings of the Board of Directors of the Company and is personally familiar with the Company's affairs and records. 2. Attached hereto and marked as Exhibit A is a true and complete copy of a resolution duly adopted by the Board of Directors of the Company. Said resolution has not been amended, altered, or rescinded, and on the date hereof remains valid and binding and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, I have executed this instrument this 15th day of February, 2019. Secretary Exhibit A Philip Snide is hereby authorized to sign and otherwise execute and bind the Company with respect to any bid, proposal, or other submission to any entity for the purpose of the Company being awarded a contract to provide synthetic turf or perform any work that the Company is lawfully able to perform in any jurisdiction where the Company is authorized to do business. ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 08/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA, Inc. NAME: 9830 Colonnade Blvd, Suite 400 r.~2N.t Cv+I• Irie~ Nol: San Antonio, TX 78230 E-MAIL Attn: ROW.CertRequest@marsh.com ADDRESS: INSURERISl AFFORDING COVERAGE NAIC# CN101698435-STND-GU-19-20 INSURER A : Zurich American Insurance Comoanv 16535 INSURED INSURER B : American Guarantee and Liabilitv Insurance Comoanv 26247 APT Advanced Polymer Technology Corp. AstroTurf Corporation INSURERC: Synthetic Turf Resources Corp. INSURERD: 109 Conica Lane Harmony, PA 16037 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· HOU-003438702-05 REVISION NUMBER· 3 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 IMTH RESPECT TO \MHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,~~Mt~, ,~~~Jt~, LTR TYPE OF INSURANCE •••en wun POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY GL0825004707 01/01/2019 01/01/2020 EACH OCCURRENCE $ 1,000,000 -□ CLAIMS-MADE 0 OCCUR DAMAGE 19F RENTED PREMISES Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 >-- PERSONAL & ADV INJURY $ 1,000,000 >-- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 1,000,000 Pl □PRO-□LOC 1,000,000 POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY >-- ~~"1.~brd~~llNGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ >--OWNED -SCHEDULED >--AUTOS ONLY -AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED rp~?~i~J:nRAMAGE $ AUTOS ONLY AUTOS ONLY >---$ l:j X UMBRELLA LIAB M OCCUR AUC825004807 01/01/2019 01/01/2020 EACH OCCURRENCE $ 4,000,000 >-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 / OED I I RETENTION$ $ WORKERS COMPENSATION I PER T I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~m~~(tfi3~ ofoPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Alga Norte Community Park is included as Additional Insured with respect to General Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION Alga Norte Community Park SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 6565 Alicante Rd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad, CA 92009 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Katherine Dever ~"D•:.. le'- © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLO8250047-07 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanlzatlon(s) Locatlon(s) Of Covered Operations ALL DESIGNATED CONTRACT HOLDERS OF As required by written contract or agreement THE NAMED INSURED Information reauired to comolete this Schedule, if not shown above will be shown in the Dedarations. A. Section II -Who Is An Insured is amended to indude 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 perfomiance 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 'NOrk, induding 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. CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Wolers Kluwer Financial Services I Uniform Forms TM Client#· 183883 28ASTROTURF ACORDT. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 8/19/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~}{IJ!~cr Janet Thomason J Smith Lanier Chattanooga ri:JBNtro Ext): 623-643-1473 I We.No): Liberty Tower, Suite 500 1tlJ~ss: jthomason@jsmithlanier.com 605 Chestnut Street INSURER($) AFFORDING COVERAGE NAIC# Chattanooga, TN 37450 INSURER A: Great American Alliance Insurance Co. 26832 INSURED INSURER B: Chubb Indemnity Insurance Company 12777 AstroTurf Corporation INSURER c: Cincinnati Insurance Co. 10677 421 Callahan Rd., SE INSURER D: Dalton, GA 30721 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,&sMg~ POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER I (MM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -~ CLAIMS-MADE □ OCCUR sArAff.H?i RENTED R Ml Ea occurrencel $ f--------- MED EXP (Any one person) $ PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PR~ □LOG POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ C AUTOMOBILE LIABILITY y y ENP0400594 ~8/19/2019 01/01/2020 COMBINED SINGLE LIMIT $1,000,ooo /Ea accident\ ~ X ANYAUTO BODILY INJURY (Per person) $ ~ ~ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ ~ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION y WC1402439 ~8/19/2019 08/19/2020 X IPER I JOTH-AND EMPLOYERS" LIABILITY <aTATIIT~ ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE[!il E L EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $1,000,000 B Installation 06705329 09/30/2019 09/30/202( 1,000,ooo DESCRIPTION OF OPERA TIO NS / LOCATIONS / VEHICLES (ACORD 101, Additional Remar1<s Schedule, may be attached If more space Is required) Auto Additional Insured by Contract, as per Form AA 4171 (11-05); Auto Blanket Waiver of Subrogation, as per Form AA 4172 (09-09); Auto Primary/Noncontributory Insurance as per Form AA 4174 (11-05) Workers Compensation Waiver of Subrogation, as per Form WC 00 03 13 (04-84) Full Certificate Holder: Alga Norte Community Park. CERTIFICATE HOLDER CANCELLATION Alga Norte Community Park 6565 Alicante Rd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92009-0000 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4462805/M4457610 MAP Client#· 183883 28ASTROTURF ACORDT. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 8/19/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER N~M.r~• JanetThomason J Smith Lanier Chattanooga F..tJSNJo Extl: 623-643-1473 I (AJC,No): Liberty Tower, Suite 500 it'tJ~ss, jthomason@jsmithlanier.com 605 Chestnut Street INSURER(S) AFFORDING COVERAGE NAIC# Chattanooga, TN 37450 INSURER A : Great American Alliance Insurance Co. 26832 INSURED INSURER B: Chubb Indemnity Insurance Company 12777 AstroTurf Corporation INSURER c: Cincinnati Insurance Co. 10677 421 Callahan Rd., SE INSURER D: Dalton, GA 30721 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB0, ,&SM5~1 I ,&SM5rMY1 LIMITS LTR INSR WVD POLICY NUMBER COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ -~ CLAIMS-MADE □ OCCUR ~~~~[f;'H9E~~Jlencel $ MED EXP (Any one person) $ ~ PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE $ ~ □PRO-□LOG POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ C AUTOMOBILE LIABILITY y y ENP0400594 08/19/2019 01/01/2020 COMBINED SINGLE LIMIT $1,000,000 /Ea accident\ ~ X ANYAUTO BODILY INJURY (Per person) $ ~ -OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ - X HIRED X NON-OV;N ED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ ~ -$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION y WC1402439 108/19/2019 08/19/202( X l~ffrnrE I l~~H-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE[N] E.L. EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1000000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Installation 06705329 ~9/30/2019 09/30/202C 1,000,000 I I DESCRIPTION OF OPERA TIO NS / LOCATIONS/ VEHICLES (ACORD 101, Addijlonal Remarks Schedule, may be attached if more space Is required) Auto Additional Insured by Contract, as per Form AA 4171 (11-05); Auto Blanket Waiver of Subrogation, as per Form AA 4172 (09-09); Auto Primary/Noncontributory Insurance as per Form AA 4174 (11-05) Workers Compensation Waiver of Subrogation, as per Form WC 00 03 13 (04-84) Full Certificate Holder: Aviara Community Park. CERTIFICATE HOLDER CANCELLATION Aviara Community Park 6435 Ambrosia Ln Carlsbad, CA 92011-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4462806/M4457610 MAP C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Dedarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Dec la rations. Page 2 of 2 © insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: GLO8250047-07 COMMERCIAL GENERAL LIABILITY CG 2037 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s) Location And Description Of Completed Operations ALL DESIGNATED CONTRACT HOLDERS OF As required by written contract or agreement THE NAMED INSURED Information reauired to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to indude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and induded in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20 370413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolers Kluwer Financial Services I Uniform Forms TM AGREEMENT FOR SYNTHETIC TURF MAINTENANCE ASTROTURF CORPORATION o.THIS~iGREEMENT is made and entered into as of the /S-t day of VCi;tno A, , 20.}J{, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ASTROTURF CORPORATION, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a company that is experienced in synthetic turf field maintenance. B. Contractor has the necessary experience in providing professional services and advice related to preventive maintenance for synthetic turf. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-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 thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, City Attorney Approved Version 6/12/18 2 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor' will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. II II II City Attorney Approved Version 6/12/18 4 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Tim Selke Title Parks Supervisor Department Parks & Recreation City of Carlsbad Address 799 Pine Ave, Suite 200 Carlsbad, CA 92010 Phone No. 760-434-2857 For Contractor Name Jose Padilla Title Regional Aftercare Manager Address 2680 Abutment Road Dalton, GA 30721 Phone No. 951-741-6448 Email jpadilla@astroturf.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No r8J 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Attorney Approved Version 6/12/18 5 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II II II II II II II II II II II II City Attorney Approved Version 6/12/18 7 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. 1 coNTRAcToR J br12{1TiucF CoJ2-p. CITY OF CARLSBAD, a municipal corporation of the State of California Parks & Recreation Director . . (sign here) BA '~ON I ,(lSSCl 0L/_lr{u, C'01 c1c+ Manotje( lil~ ···issi~~~ (printname/t1tle)~-~:~ ~T~). $\ : .. : ....... ~= c( = .,,. .6.. : ----· ·veuc. flj;'"" If required by City, proper notarial acknowledgment ~~~tiorr~~~ • or must be attached. If a corporation, Agreement must be signed by one ~@~a,~~ each of the following two groups. <l}W ( l f ,,,,, OUNl'f, ,,,,, Group A Chairman, President, or Vice-President ,,,,,, .. ,,,, Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:-----"-~-~----- ~Clty Attorney City Attorney Approved Version 6/12/18 8 \ SECRETARY'S CERTIFICATE REGARDING BOARD OF RESOLUTIONS AstroTurf® TO WHOM IT MAY CONCERN: The Undersigned hereby certifies that: 1. He is the Secretary of AstroTurf Corporation, a Georgia Corporation (the "Company"), and that as such he has custody of rhe minutes of the proceedings of the Board of Directors of the Company and is personally familiar with the Company's affairs and records. 2. Attached hereto and marked as Exhibit A is a true and complete copy of a resolution duly adopted by the Board of Directors of the Company. Said resolution has not been amended, altered, or rescinded, and on the date hereof remains valid and binding and is in full force and effect as of the date hereof. IN WITNESS WHEREOF, I have executed this instrument this 25'1, day of August, 2016. ~14¥ Secretary Exhibit A Melissa Cochran is hereby authorized to sign and otherwise execute and bind the Company with respect to any bid, proposal, or other submission to any entity for the purpose of the Company being awarded a contract to provide synthetic turf or perform any work that the Company is lawfully able to perform in any jurisdiction where the Company is authorized to do business. EXHIBIT "A" SCOPE OF SERVICES AstroTurf Corporation will provide as-needed maintenance services for synthetic turf fields. Rhino Maintenance Program • Field inspection to assess turf and infill conditions and identify problem areas. • Multi-Level Field Vacuuming of the entire field, using the SMG Sport Champ, to perform extensive cleaning across the entire playing surface. This process is designed to pull debris and other unwanted material out of the top layer of infill. • Grooming of the entire field, using AstroTurf approved equipment, to perform extensive fiber brushing. • Light De-Compacting of the infill to help assure safe playability and to improve G-MAX performance. • Magnetic Metal Collecting to remove foreign objects (ferrous materials) that can cause unsafe conditions. • Disinfectant Application of approved antimicrobial disinfectant that meets warranty compliance. • Review Maintenance Procedures to be performed by City and make recommendations. • City Sign Off will be obtained by an AstroTurf Senior Field Maintenance Technician to ensure desired results and satisfaction. • Preventive Maintenance will include reattachment of minor inlays/field markings or seams at no extra charge. • Maintenance Visit will take one full day and requires full field access. FEE SCHEDULE ITEM DESCRIPTION -MAINTENANCE PROGRAM PRICING PRICE NO. 1 Rhino Maintenance -per field per visit $3,100.00 Agreement amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. City Attorney Approved Version 6/12/18 9 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA, Inc. NAME: PHONE I FAX 9830 Colonnade Blvd, Suite 400 /Air .,~ Cvtl; fA/C Nol: San Antonio, TX 78230 E-MAIL ADDRESS: Attn: ROW.CertRequest@marsh.com INSURER(S) AFFORDING COVERAGE NAIC# CN101698435-STND-GU-18-19 INSURER A : Zurich American Insurance Comoanv 16535 INSURED APT Advanced Polymer Technology Corp. INSURER B : American Guarantee and Liability Insurance Company 26247 AstroTurf Corporation INSURERC: Synthetic Turf Resources Corp. INSURER D: 109 Conica Lane Harmony, PA 16037 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-003438702-02 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,uc,n =•n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY GLO825004706 01/01/2018 01/01/2019 EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES rEa occurrence\ $ 1,000,000 MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 fl DPRO-DLOC PRODUCTS -COMP/OP AGG $ 1,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ rEa 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 f Per accident\ ~ - $ !:l X UMBRELLA LIAB M OCCUR AUC825004806 01/01/2018 01/01/2019 EACH OCCURRENCE $ 4,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS" LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) EL DISEASE -EA EMPLOYEE $ If yes, describe under EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Alga Norte Community Park SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 6565 Alicante Rd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cartsbad, CA 92009 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marah USA Inc. I Katherine Dever ~ -0...,. ae..._ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLO8250047-06 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location(s) Of Covered Operations ALL DESIGNATED CONTRACT HOLDERS OF As required by written contract or agreement THE NAMED INSURED Information reauired 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 perfonnance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Wolters Kluwer Financial Services I Uniform Forms TM C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the am aunt of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 Client#· 183883 28ASTROTURF ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 8/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER I ~2~i~cT Janet Thomason J Smith Lanier Chattanooga rtr~o, Extl: 423 267-8310 I rffc. Nol: 423 267-8065 Marsh & Mclennan Agency, LLC ioMlJ~ss: jthomason@jsmithlanier.com 605 Chestnut St Suite 500 INSURER(S) AFFORDING COVERAGE NAIC# Chattanooga, TN 37450 INSURER A : Great American Alliance Insurance Co. 26832 INSURED INSURER B : Chubb Indemnity Insurance Company 12777 AstroTurf Corporation INSURER C : Cincinnati Insurance Co. 10677 421 Callahan Rd., SE INSURERD: Dalton, GA 30721 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE D OCCUR ~~~~~H?E~~~J;~ence l $ MED EXP (Any one person) $ -PERSONAL & ADV INJURY $ -GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =7 n PRO-nLOC POLICY_ JECT PRODUCTS -COMP/OP AGG $ OTHER: $ C AUTOMOBILE LIABILITY ENP0400594 08/19/2018 08/19/20Hl COMBINED SINGLE LIMIT $1,000,000 /Ea accident\ ,----- : X ANYAUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED : AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY /Per accident\ $ ,--- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ : OED I I RETENTION $ $ A WORKERS COMPENSATION WC1402439 08/19/2018 08/19/2019 x 1r~fTIITI= I l~JH-AND EMPLOYERS" LIABILITY y / N $1 000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE[}i] EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $1,000,000 B ; Installation 06705329 09/30/2018 09/30/2019 $1,000,000 I $5,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more space is required) CERTIFICATE HOLDER Alga Norte Community Park 6565 Alicante Rd Carlsbad, CA 92009 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3996892/M3995519 MAP