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Home My WebLink AboutAthletic Field Specialists Inc; 2019-12-04; PKRC10292CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION; CONT. NO. PKRC10292 Tracking#: This agreement is made on the 11:\:::vv day of U,l©!Y'\fu. C:: , 2o_fl, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Athletic Field Specialists, Inc. whose principal place of business is 3094 E. Shauna Drive, Highland, CA 92346 (hereinafter called "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, 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 in the Contractor's proposal. 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: Temujin Matsubara (City Project Manager) WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the 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 workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 1 of 8 City Attorney Approved 1/25/2019 Tracking#: 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 agreement and not in anticipation of litigation or in conjunction with liti-gation. Contractor acknowieages that Caiifornia Government Code sections •i2650 et seq., the Faise Ciaims Act, provides for civil penalties where a person knowingly subrnits a fa1se ctaim 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 years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontra 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 shaii 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 CommiSSfoners (NAIC) latest quarterly listings report. Commerciai Generai Liabiiity insurance of injuries inciuding accidentai death, to any one person in an amount not less than ........ $1,000, 000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not !ess than ...... $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 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- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (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 shalt also be available and applicable to the City as an additional insured. WUKl'\t:K:S' ~UMt-'t:N:SA IIUN ANU t:Mt-'LU y t:K':S LIAt:SILI I y. Vliorkers' Compensation iimits as required by the California Labor Code. VVorkers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and empfoyees, from all claims, loss, damage, injury and liability of CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 2 of 8 City Attorney Approved 1/25/2019 Tracking#: 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 regulattons including those related to safety and health; and from any and an claims, loss, damages, injury and l!abi!ity, hov1scever the same may be caused, resulting d!rect!y or !nd!rect!y 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 expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arisinq out of this aqreement is San Dieqo County, California. Start Work: Contractor agrees to start within 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 20 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II II Athletic Field Specialists, Inc. (name of Contractor) 831502 (Contractor's licfmsP. number) C-27, 01/31/2020 (license class. and exp. date) 1000009044 (DIR registration number) 6/30/2021 (DIR registration exp. date) CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 3 of 8 3094 E. Shauna Drive (street address) Highland, Cl\ 92346 ( city/statP./zip) 909-864-2530 (telephone no.) 909-424-2648 (fax no.) jakueneman@aol .com (e-mail address) City Attorney Approved 1/25/2019 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR .--~---~ -·, CITY OF CARLSBAD, a municipal corporation of the State of California By: <:::= ·~--<· (sign here) Assistant City Manager, Deputy City Manager ; ,01 / ; A J ti.0 ___,,J· r) ,, ,.. -or Department Director __ .... ·,~..,,..~-"t:::t-+-L-<./~..-__, ·-~--+>-L:tt1"'-'-'~JJ::!!_~--r-✓ 1_'2_£S_· j)t <---1 as authorized by the City Manager (print name/title) By: (sign here) (print name/title) AJ:JST BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!Ll! corporation, Agreement 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: CELIA A. BREWER, City Attorney BY: ~.J};_ / 4.&sistaRt City ~Y {;µ,-~ CAl.AVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page4 of 8 City Attorney Approved 1/25/2019 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) (print name/title) CiTY OF CARLSBAD, a municipai corporation of the State of California By: Department Director as authorized by the City Manager By: ~ A-pr;7sT: l_ ) _ ;§ , / yj_;J/, k/u lJ wv ~ B'ARBARA ENGLESON ~~ (\ . ~Lu_ ("'z~ f\.-.1\'\ ~ j $ f~ City Clerk (print name/title) r ~ If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f..i! corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President ~r_Q!!P_Ei 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: ER, City Attorney CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 4 of 8 City Attorney Approved 1/25/2019 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 sub-contractor 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 sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor 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 Portion of Project to Business Name and Address be Subcontracted ~c..~~ y t::~ r--E:.NLl'2.. i I 3 i ~ ~ ~'i'/)i; ?E Mirz.. \/o,m ~~ :s-1.-f'z.o-N ~-N ~~ LflSS-N, t2-tv!U-. M) 0(f~1'1:N Total % Subcontracted: J-o IP CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 5 of 8 DIR Registration No. 10000 I ~°ti'.)... i Cc.CO 1"01«" License No., %of Classification & Total Exoiration Date Contract ~-I">;> 5l0 ,i5/o ; oh, ii J-t;;J.-1 i5% S, "3 /753 ~9'° · 'l,i J..o:~o ·59'o ( I City Attorney Approved 1/25/2019 Tracking#: EXHIBIT B SCOPE OF WORK Athletic Field Specialists, Inc. will provide all labor, materials, supplies and services to complete the following: Improvement renovation of the (3) softball bullpens on field 1 and 2. Demolish and remove the existing grass, brick dust, home plates, pitching rubbers and dirt in the existing bullpens. This will include hauling of the debris. If the removed pitching rubbers and home plates are re-usable AFS will turn them over to the City Representative. Concrete curb work -Install 150' of 6"x 6" concrete curbing with a #3 rebar in all areas where the infield mix and grass meet in order to maintain a defined fine for maintenance purposes. Fence work-Replace approximately 150' of 10' - 9 Gauge galvanized chain-link fence material. No post replacement. The new fence material will be 9 gauge and knuckled on top and bottom. Add bottom rail to all fencing within the bullpens where none exists. Adjust the existing mid rail to match the other sections of the fence. Extend (2) of the fences 20' each using the same material as described above. Add (4) schedule 40 posts, bottom and mid rails and 9 gauge, knuckled top and bottom, chain-link material. ~ -~-- Bullpen work -Import, place grade and compact approximately 3" of "Angel Mix" by Corona Clay for all (3) bullpens. The bullpens will be all "Angel Mix" dirt. Install (2) new pitching rubbers and (2) new home plates per bullpen. Mound clay will be installed in all wear areas, catchers' areas, pitching areas and landing areas. Grading work area 1 -Re grade the area outside field #1 (third base side) where the single bullpen is approximately 7' x 30'. This will allow for a smooth grade transition towards the bulipen. Re sod the affected area with Kikuya sod. Grading work area 2-Remove approximately 400 square feet of grass and excess soil/infield mix from the arc on field #1 {first base side). Rough grade the area to level and match the adjacent grade elevations. Amend the native sojJ, stabilize and fine grade the same area. Re sod the affected area with Kikuya sod. Note: Includes all clean up and hauling. - Agreement amount shall not exceed $56,602.00 CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 6 of 8 Total Cost: $56,602.00 City Attorney Approved 1/25/2019 EXHIBIT C LABOR AND MATERIALS BOND Tracking#: Bond #8D764533 Premium $552.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Athletic Field Specialists, Inc. (hereinafter designated as the "Principal"), a Contract for: CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION; CONT. NO. PKRC10292 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,.,Athletic Field Specialists, Inc., as Principal, (hereinafter designated as the "Contractor"), and Nationwide Mutual Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-six thousand six hundred and two Dollars ($56,602.00), 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 stipulates 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. CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 7 of 8 City Attorney Approved 1/25/2019 Tracking#: 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. Executed by CONTRACTOR this __ \ _\ ___ day , 20.JS_. CONTRACTOR: (sign here) A,2,40--0J (print name here) '?ILis-1,)UVT (title and organization of signatory) By: ______________ _ (sign here) (print name here) (title and organization of signatory) Executed by SURETY this ______ day of ___________ _, 20 __ . SURETY: (name of Surety) (address of Surety) (telephone number of Surety) By: _______________ _ (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) ,. . . (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ~LQ/ As,isfflnt City Attorney o ~~ CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 8 of 8 City Attorney Approved 1/25/2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ~Ci\£) 6z(oo{d ~o O ) On\\ /o:"±/:i-o{' before me, C/~n !\\~vnd(A C"'-~ctB{f; / tJcfv4 ~\,I,'~ Date ,I\\ ·\o _ .f5l.8f:, lnserl Name and Title of the Ori;;;;;s personally appeared _ _r_,_'-I\J_~--ll¥-"''---"--\-\e"-'---/ _ _,_7_ \_c{J+-1,.,.Q""\--,.......,------------- /\fameM of Signer(s) 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----~---------~-opnoNAL~----=-~--~----- Though this section is optional, completing this information can deter aNeration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc~ment ,\ Title or Type of Document: Lc,6:;( ~ ~-(',(\u,t_ lfa((lJoc~e~.--Date: ~----~~~ Number of Pages: :2 Signer(s) Other Than Named Above: 0rn 1£,.._f. {) ( /V'tC"A.. §~ "'-, ~ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General [7 Partner -D Limited D General □ Individual □ Attorney in Fact C Individual D Attorney in Fact □ Trustee □ Guardian or Conservator C Trustee D Guardian or Conservator □Other: ______________ _ C Other: ______________ _ Signer ls Representing: _________ _ Signer Is Representing: _________ _ .~'§<,'G<,'C<;:<?)G<;<,x;§<,/§<J{;;{,'C<,'O)G<,~~'§<;.-<::.:<.:<:cz;~~~-<:o<;<;,<;C<;<.3<)<.X.,~~"( ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Tracking#: 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. Executed by CONTRACTOR this -~l_{f~ifh.. ___ day .201.:L. CONTRACTOR: hnthm,,c.,~ ~~---s (name of Contractor) By: _______________ _ (sign here) (print name here) \ (print name here) (title and organi{ation of signatory) Executed by SURETY this ______ day of ___________ _, 20 __ . SURETY: (name of Surety) (address of Surety) (telephone number of Surety) By: ________________ _ (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER c;tyAttom~ By: ~ ½,/ Assistant City Atto~ey Z5 lkrj CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 8 of 8 City Attorney Approved 1/25/2019 Tracking#: 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. Executed by CONTRACTOR this ______ day of ---------~20 __ CONTRACTOR: (sign here) Au£v H24GoA.J , (print name here) Q [i.S, OZ-l<J ·r' (title and organization of signatory) By:--------------- (sign here) (print name here) (title and organization of signatory) Executed by SURETY this __ 4_t_h ___ day ot ___ N_o_v_e_m_be_r __ ~ 20-1!!_. SURETY: Nationwide Mutual Insurance Company (name of Surety) P.O Box 1820, LaMesa, CA 91944-1820 (address of Surety) 800-822-3666 _ ~ (~lephone ""~ S"'ety) By: ~UJ\L Dlt <~~ \, <'- (signature of Attorney-in-Fact) Shauna Lucero, Attorney-in-Fact (printed name of Attorney-in-ract) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledament of execution by CONTRACTOR and SURm must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By ,...,.,£ c;&m~ ~ CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION CONT. NO. PKRC10292 Page 8 of 8 City Attorney Approved 1/25/2019 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint SHAUNA LUCERO FRESNO CA each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and under1akings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS S 1,500,000.00 and to bind tile Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed, This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED. that the president, or any vice president be. and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums. undertakings. recognizances, transfers, contracts of indemnity. policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust. and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority: provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided. however, that said seal shall not be necessary for the validity of any such documents." -• This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments. contracts. or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer. president, treasurer or secretary; provided however, the signature of any of them may be printed, engraved, or stamped on any approved document. contract, instrument. or other papers of the Company. IN WITNf.SS WHEREOF, the Company has caused this instrument o sealed and duly attested by the signature of its officer the 2r• day of February, 2019. lt)A___ Antonio . Albanese. Vice President of NalionWide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this 27'• day of February. 2019. before me came the above-named officer for the Company aforesaid. to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn. cleposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto Is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. ~wanM C DPlio ~Otl,Y Pllb!ic, Statt of ~w Yorli •o. 020£61266'9 Qualified ,n W•stdluter County Comtr'IIHtOn Elq)lres 5 ■pt1ttnber 16, 2021 CERTIFICATE NetarvPubhc My Comm,~ c:in E•P"'U Sept~mbet 16. lDll I. Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; I hat said Antonio C Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company. and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. + k IN Vl,:ITNESS WHEREOF. 1 have h(\eunlo subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this -"4 -day of \ IJ ' e L'°\/J r ZO\ .J Iv ~tlY\LJGt ~ ~· 01~ '3. ~ Assistant Secretary BDJ 1(02-19)00 24550 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 2 \>I. Q x/..S.\cl 9 ) On (\Il,!£roD y' \;;i,;:;Q\CJbefore me,~ 'Q .. ~Or' -otk,~ £'5'.d 'G Date Here Insert N me and Title of the fficer personally appeared J t.fC< u l fX\W\ ~ \\ene,foo (:\ Name(s) of Signer{s) who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~~re ~~scribed to the within instrument and ackno~ged to me that~she/thEfy' executed the same in ~her/their authorized capacity(i~, and that by~her/their signatu~n the instrument the perso~ or the entity upon behalf of which the person(~cted, executed the instrument. @ TAMARA D. SPENCER Comm,ss,on No 2243752 ~ NOTARY PUBLIC-CALIFORNIA ~ RIVERISOE COUNTY y Comm Exports MAY ,4. 2022 Place Notary Seal Above 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. ---------------oPT/ONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: \)').11'.'\&::' ?Sb\ I(;.., , ~ Cm'\to.c\oocument Date: _\>-+\-·-~l~~~--1 _q~_ Number of Pages: q Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ : Corporate Officer -Title(s): __ _ . Corporate Officer -Title(s): _____ _ ~J Partner -· • Limited : General Partner -· ··· Limited .. : General ' Individual • Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: · Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ·-------- :{-,'<;'<.,'<¼~~'O'~'Qt'Q<;,,'<;;l.,'<l.(,'<K"Ci(,"P<:,'G<,'{'.',{,'<K~'Gv'G<,'P<,'fKC~'<X.,'Q(,~'Q;.,~~'Qi:,..~~~~~~'( ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 Fresno before me, Patrice Barile, a Notary Public (insert name and title of the officer) personally appeared _ _._.'--'-'~C>LL.....t,,,6_-.i"-L.1...,.....a...l..,.,<.-------~-------- who proved to me on the basis of satisfactory evidence to be the persor)Mwhose name is~ subscribed to the within instrument and acknowledged to me thatj)etsheL!Aey executed the same in bis/her/tpeir authorized capacityµ&et and that by J::Ns/her~r signature-'91 on the instrument the person-'91, or the entity upon behalf of which the perso~ 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. (Seal} ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DA TE (MIWDO/YYYY) ~ 11/4 /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 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 NAME~~• Rosario Bu stos Landscape Contractors (Lic#0755906) ~N,;0 E•tl· (559) 650-3555 I FAX IAJC No}: (559) 650-3558 Insurance Services, Inc. ,-~~J~ss: rbustos@lcisinc.c om 1835 N . Pine Avenue INSURER(S) AFFORDING COVERAGE NAIC # F resno CA 93727 INSURER A :West America Insurance CoJDDany 44393 INSURED INSURERS : A thletic Field Spec ialists Inc . INSURERC : 3 094 Eas t Shauna Driv e INSURERD : INSURERE : Highland CA 92346 INSURER F: COVERAGES CERTIFICATE NUMBER:19/20 Pkg 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. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V'vlTH RESPECT TO VVHICH 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 POLICYEFF POLICY EXP LIMITS LTA t, .. ,.n lw.,n POLICY NUMBER X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -,_J CLAIMS-MADE W OCCUR ~~-~~~ ,O REN1cD 500,000 A PREMISES /Ea occurrence) $ -X BXW (20) 58 46 78 53 3/25/201 9 3/25/2020 MED EXP (Ar,y one J>erson) $ 5,000 ,__ ...!_ $500 Pd Ded PERSONAL & MJV INJURY $ 1 ,0 00,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 ,0 00,000 ~POllCY 0 1& □LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER· Employee Benefrts $ 1 ,000,000 AUTOMOBILE LIABILITY . le':.:BINcLII)~ INGLE LIMIT $ accident ,__ ANY AUTO BOOIL Y INJURY (Per person) $ >--ALL ~ED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-ONNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Pe, accident) I--I-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ,__ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION s $ WORKERS COMPENSATION I :TATUTE I IER~ AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETORIPARTNERiEXECUTIVE □ N /A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE · EA EMPLOYEI $ :~m:~= ~RATIONS below E.L. DISEASE· POllCY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached if more space Is required) RE: CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION; CONT. NO . PKRC102 92 (See Attached CG88100413 ) Ci t y of Carlsbad, and its offi cers and emplo yees (Excluding Professional Liability) are named as additional insure d. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks & Recreation Administration ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Kelly Murphy 7 99 Pine Avenue, Suite 200 AUTHORIZED REPRESENTA TlVE Carlsbad, CA 92008 ~~ Rosario Bustos/ACOMBE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD ✓ Policy Number B BKW (20) 58 46 78 53 ./ COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART --iiliiiiiiiiili = SUBJECT !!!!!!!!I!!!!!! -NON-OWNED AIRCRAFT = ;;;;;;;;;;;;;;; i!il!i!! NON-OWNED WATERCRAFT -iiiiiiiiiiiiiii 8 -PROPERTY DAMAGE LIABILITY -ELEVATORS ~-g- -EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 0 ., N 0 N □ -MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 o With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Ganada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 ~ D ~ 0 0 0 00 N 0 N 0 iiiiiiiiliiil = -= 11111!!1! --==== ==== ~ !!!!!!!!!!!!!!! = -!!I!!!!! ==== -==== !!!!!!!!!!!!!!! ~ ==== --~ b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 3. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) Vvtlile rented to you; or (2) Vvtlile rented to you or temporarily occupied by you with perm1ss1on of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS • COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury'' or "property damage" occurs, or the "per- sonal and advertising injury'' is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 0 N 0 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury'', "property damage", or "personal and ad- vertising injury'' arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 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 insur- ance 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (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. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury'' or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. ~ 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of I nsu ranee Services Office, Inc., with its permission. Page 4 of 8 ~ I 0 ~ 0 0 0 w N 0 N =--== ----= = ;;;;;;;;;;;;;;; ~ ~ -~ -----iliiiiiiiii 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury'' or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury'' or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury'', "property damage" or "personal and advertising injury'' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury'', involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury'' or "property damage" occurring after: e. (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 Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. 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: a. Required by the contract or agreement; or b. 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 Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 0 ;; 0 b. The following is added to Paragraph b. Excess Insurance: Wlen a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS • EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit'' under this insurance to us; b. Tender the defense and indemnity of any claim or "suit'' to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED • FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury'': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury'' or "personal and advertising injury'' caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury'' or "personal and @ 2013 liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 0 w N 0 " -- advertising injury'' arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury'' or "personal and advertising injury'', or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury'' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury'' arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. $ 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 0 0, 0 00 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury'' or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury'' or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work'' done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 11/4/2019 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 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 NAMt"' Rosario Bustos Landscape Contractors (Lic#0755906) wgN:oE•tl: (559)650-3555 I FAX !A/C Nol: (559) 650-3558 Insurance Services, Inc. f~J~ss:rbustos@lcisinc.com 1835 N. Fine Avenue INSURERISI AFFORDING COVERAGE NAIC# Fresno CA 93727 INSURER A :Falls Lake Fire and Casualty Co 15884 INSURED INSURERB: -- Athletic Field Specialists Inc. INSURERC: 3094 East Shauna Drive INSURERD: INSURERE: Highland CA 92346 INSURERF: COVERAGES CERTIFICATE NUMBER:19/20 WC 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. NOT\/\ATHSTANDING 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 POLICYEFF POLICY EXP LIMITS LTR ,.,an •••un POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ □ CLAIMS-MADE □ OCCUR DAMAGE TO REN I t:D PREMISES (Ea occurrence) $ MED EXP (Arri one person) $ f----- PERSONAL & ADV INJURY $ ~- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ n □PRO-□Loe PRODUCTS -COMP/OP AGG $ II POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) f-------- ANY AUTO BODILY INJURY (Per person) $ f--~ ALL OWNED ~ SCHEDULED BOOIL Y INJURY (Per accident) $ f--------AUTOS f--------AUTOS NON-OWNED iP~~~i~nt?AMAGE $ HIRED AUTOS AUTOS ~-f----- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -~ EXCESS UAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION s $ WORKERS COMPENSATION X I ~~:TUTE I I OTH-ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? A (Mandatory In NH) FLA003926-02 2;1no19 2/1/2020 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ l 000 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: CALAVERA HILLS COMMUNITY PARK SOFTBALL BULLPEN RENOVATION; CONT. NO. PKRC10292 CERTIFICATE HOLDER CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks & Recreation Administration ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Kelly Murphy 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 e~ ~~:.."':>·--Rosario Bustos/ACOMBE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 1201401) The ACORD name and logo are registered marks of ACORD ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 1i.....:--11/04/2019 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 Monika Ray, AAI, CPIW NAME: Central City Insurance Agency, Inc. rA~gNJo Extl: (909) 307-6076 I FAX (A/C Nol: (909) 798-4107 1030 Nevada Street E-MAIL mray@centralcityinsurance.com ADDRESS: Suite 106 INSURER(S) AFFORDING COVERAGE NAIC# Redlands CA 92374 INSURER A: California Auto Insurance Company 38342 INSURED INSURER B: ATHLETIC FIELD SPECIALISTS, INC. INSURER C: 3094 Shauna Dr INSURER D: INSURERE: Highland CA 92346-1733 INSURER F: COVERAGES CERTIFICATE NUMBER: 2018-2019 Certs 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 POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (M M/DD/YYYY) (M M/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1--:J CLAIMS-MADE □ OCCUR UAMA\.,CC JU """ I CCU PREMISES (Ea occurrence\ $ 1-- 1--MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1-- ~'L AGGRE□ L~~~-APP□ER GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ POLICY JECT LOC $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ -X ANY AUTO BODILY INJURY (Per person) $ / --OWNED SCHEDULED A BA040000019601 12/18/2018 12/18/2019 BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) --Med Pay $ 5,000 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS" LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ lf yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Add~ional Remar1<s Schedule, may be attached if more space is required) City of Carlsbad Minor Public Works Contract Calavera Hills Community Park Softball Bullen Renovation Cont No. PKRC10292 thirty (30) days written notice shall be given to the City prior to such cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 ~kJ<. R.1 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS Ill. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR -DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO -COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end ofthe policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. Ill. AUTOMATIC ADDITIONAL INSURED SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II -LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: MCA85100817-CA (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations} required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II -LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the b. policy; and Any: (1) (2) (3) (4) Overdue lease/loan payments at the time ofthe "loss"; Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. Security deposits not returned by the lessor; Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR -DEDUCTIBLE WAIVER SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out ofthe operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: MCA85100817-CA e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XVIII. HIRED AUTO -COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions ofthe United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V -DEFINITIONS, C. "Bodily Injury" is amended by adding the following: MCA85100817-CA "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6