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HomeMy WebLinkAboutExact Construction; 2019-06-14; PKRC709Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FOUNTAINS AND HARDSCAPE IMPROVEMENTS; CONT. NO. PKRC709 This agreement is made on the \..L.\::f\,:y day of :SC\1/\SZ..., , 20(1 , by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Exact Construction whose principal place of business is 1195 Angelus Ave., San Diego, CA 92114 (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. FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 1 of 9 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 litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. ~· l"'/;7 ~· Signature: ( · · · . · -· .. ,,-., .. Print Name: p--,=t~t ~ a LfD //4+ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental 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 less 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 shall also be available and applicable to the City as an additional insured. 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. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 2 of 9 City Attorney Approved 1/25/2019 Tracking#: of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The 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 arising out of this agreement is San Diego 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 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II II II Exact Construction (name of Contractor) 896546 (Contractor's license number) Band C-8 expires 05/31/2021 (license class. and exp. date) 1000064292 (DIR registration number) 06/30/2019 (DIR registration exp. date) FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 3 of 9 1195 Angelus Ave. ( street address) San Diego, CA 92114 (city/state/zip) 619-254-5497 (telephone no.) (fax no.) exactconstruction@yahoo.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 By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f...E! 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 FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 4 of 9 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 DIR Registration License No., % of be Subcontracted No. Classification & Total . Expiration Date Contract AJOIJC Total% Subcontracted: ~ / FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 5 of 9 City Attorney Approved 1/25/2019 EXHIBIT B SCOPE OF WORK Tracking#: Contractor will demolish and remove existing concrete at the five locations specified below. Contractor will also pour concrete, excavate, install barriers, remove existing turf, and install drains. 1. Poinsettia Community Park Demolish and remove damaged concrete sidewalk curb located west of baseball field #3. Install concrete curb to match existing curb. Remove • 16.5 lineal feet of 6"x6" concrete curb • 16.5 lineal feet of 6"x6" concrete curb including skateboard stoppers Total= $1,750 2. Car Country Park Demolish and remove existing concrete, excavate/trench to tie in to existing drain pipe for drinking fountain, pour concrete for drinking fountain, and install bio root barrier on the perimeter edge of concrete. Remove • 58 square feet of dirt and plants • 22 square feet of concrete trash receptacle pad • Baseplate for drinking fountain (provided by City) • 58 square feet of concrete • Excavate/trench 14 lineal feet to install a 2-inch PVC drain pipe and attach to existing 2-inch drain pipe • 16 lineal feet of bio root barrier Total = $4, 150 3. Holiday Park Demolish and remove existing concrete, cut and remove existing turf, pour concrete for drinking fountain, and install bio root barrier on the perimeter edge of concrete. Remove • 15 square feet of grass • 92 square feet of concrete • Baseplate for drinking fountain (provided by City) • 107 square feet of concrete • 24 lineal feet of bio root barrier Total = $5,940 FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 6 of 9 City Attorney Approved 1/25/2019 Tracking#: 4. La Costa Canyon Park Demolish and remove existing concrete, cut and remove existing turf, pour concrete for drinking fountain, excavate and install 4-inch drain pipe, and install bio root barrier on the perimeter edge of concrete. Remove • 30.5 square feet of grass • 107 square feet of concrete sections: 9'x4'; 6'x6.5'; 5'x6.5' • Baseplate for new drinking fountain (provided by City) • 129 square feet of concrete sections: 2'x4'; 2.5'x9'; 4.5'x6'; 6'x6.5' • 12"x12" PVC drain box • 35 lineal feet of 4-inch ABS drain pipe in location marked by City • 20 lineal feet of bio root barrier Total= $6,850 5. Laguna Riviera Park Demolish and remove existing concrete, cut and remove existing turf, pour concrete for drinking fountain, excavate and install drain pipe, and install root barrier on the perimeter edge of concrete. Remove • 80 square feet of grass: 4'x20' • 593 square feet of concrete sections: 7.75'x8'; 6.3'x6.3'; 4.66'x8.5'; 7.3'x8.75'; 9.25'x12'; 12.3'x7'; 10'x11' • Baseplate for drinking fountain (provided by City) • 673 square feet of concrete sections: 4'x20'; 7.75'x8'; 6.3'x6.3'; 4.66'x8.5'; 7.3'x8.75'; 9.25'x12'; 12.3'x7'; 10'x11' • 6 lineal feet of 2 inch PVC drain pipe • 60 lineal feet of bio root barrier Total= $16,045 Agreement amount shall not exceed $34,735 Exclusions and Notes • The Contractor will not be responsible for any damages incurred by unmarked service lines (irrigation mainlines, lateral pipes, wires, etc.). City staff will repair all damages incurred during this project that have not been marked by means of paint, feathers, flags, etc. during the start to completion of this project. ' • All drinking fountains, drinking fountain hardware, installation to point of connection devices and connecting of water service line to existing plumbing will be provided and completed by City staff. This will be coordinated jointly by City staff and the contractor during start and completion of each project. FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 7 of 9 City Attorney Approved 1/25/2019 EXHIBIT C LABOR AND MATERIALS BOND Tracking#: Bond no. 100445979 Premium $695.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Exact Construction (hereinafter designated as the "Principal"), a Contract for: FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONTRACT NO. PKRC709 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, Exact Construction, as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Four Thousand, Seven Hundred Thirty Five Dollars ($34,735), 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. FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 8 of 9 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 __ O_l/-___ day of _j_1>_N_t ___ __, 2011. CONTRACTOR: Donwyn Aharon Millet dba Exact Construction ~~ ~ .c--: (sign here) c_..:.;:.>'" Donwyn Aharon Millet (print name here) Executed by SURETY this _2_4_th ____ day of May 2019 . SURETY: American Contractors Indemnity Company (name of Surety) 801 S. Figueroa Street, Suite 700, Los Angeles, CA 90017 (address of Surety) 310-649-0990 Ariel T. Heredia (sign here) (printed name of Attorney-in-Fact) Ni [:W0L. V · RF1 LoF) L Cf'\~~,!!1 "'\ ___ I_' l __ 1 _ '------------;,-p_...,v-~~) (attach corporate resolution showing current power of (print name here) attorney) fclST/ll Arkk."<-\~oi{1~f f q,J_Q.. ... ,j (title and organization of signatory) , I r (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 :~Y Attorney O L 1/ Deputy City Attorne~ FOUNTAINS AND HARDSCAPE IMPROVEMENTS CONT. NO. PKRC709 Page 9 of 9 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 Orange On /J':A:'-11-'::( 11o \i__ before me, _______ K_. _H_o,_N_o_ta_ry_P_u_bl_ic ________________ _ Date personally appeared _____________ _ Here Insert Name and Title of the Officer Ariel T. Heredia Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(}l) whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/~/t~ executed the same in his/hGt/ttoolt authorized capacity(~), and that by his/bee/~ signature()() on the instrument the person(X), or the entity upon behalf of which the person(s) acted, executed the instrument. 1e,ft ft ft ft K.HO ,<~_ Notary Public -California ~ :C ~~! Qrante County > ~ •• -• Commission# 2262101 • •.• My Comm. Explt•• No• 7, 2022 aftftftOOftftl 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 ---------------opnoNAL--------------- 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: Bond# /oO 4-'-f:~1 ~Ci Document Date: _______ _ Number of Pages: _______ __ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Ariel T. Heredia ________ _ Signer's Name: ____________ _ I : Corporate Officer -Title(s): ____ _ L.J Corporate Officer -Title(s): . I l Partner -I ! Limited I I General U Partner -:.:.:i Limited U General [J Individual Xl Attorney in Fact IJ Individual l I Attorney in Fact I : Trustee I J Guardian or Conservator r-i Trustee I l Guardian or Conservator i : Other: ---· ... _ _ U Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 TOKIO MARINE HCC KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, ARIEL T. HEREDIA its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number _1_0_0_4_4_5_9_7_9 __________ _ issued in the course of its business and to bind the Company thereby, in an amount not to exceed -----------'T-'-h=irt-'-'y,_-~fo'-=u=r..ccth--'--'oC---'u'--'s'--'-a~n--'--d~, s~e~v'--'e=n~h~u~n~d=re~d"--"-th=irt-'-y,_--'-'-fiv~e~a~nd"'---"0-'-0~/1'--'0'-=0 _______ (~ ___ $~3~4~·~7~35""'_'--'-0-'-0 ___ ). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the pt day of September, 2011. "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 1st day of June 2018 ,,"'""111111,,,, I •~~~~!.~~!~~a:~~❖- §()~/ ··-t~ f:( MCORroAATEO \ ~ lt-.SEPT. 25, 1000 __ -~7 ~ •·-.. ..•·•· ~ ~ ... ,,,.,.,~◄t·;;;oR"'~,,,~' 111,11111110''' State of California County of Los Angeles By: AMERICAN CONi~~EMNITY COMPANY Ada S. Pessin, President 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, accurac , or validit of that document. On this 1st day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • s;gnatu,e ~ (seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of _____ M_a_y~---- Bond No. Agency No. 100445979 4046 \\\\\\lllllf11111 ,,,,, \1.1'CTO~ 111,, "'' ~"-•••••••••••••$/A:/'l ~c.,o_.. ·-:'<:)~ 1~...... .... .. ~ -SC. •%-§ ~ ; INCORPORATED i =i ; ~ u-1\ SEPT. 25, 1990 _.:;; ff ~-f,~·-.. . .. ·.O:$ ~ •··· ··• " "❖,, "4i.·;;;oii~'"' ,,"' ,,,,,,,,,,. 10\\\\,,,, visit tmhcc.com/surety for more information 2019 HCCSZZPOAACIC06/2018 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 "'\ .fr\ / £ CD County of __ ._~_-Fl_J_ 'i __ v ___ T __ _ On Qt> c:,lf·· ~0 1r beforemeJ<fF}-1UL v Rrr~JA"-(i'1.~"1Fii\~ eguc) -----------(insert name and title of the officer) personally appeared DoNN ~I~ AHf'if\O}\{ N[ ll CT who proved to me on the basis of satisfactory evidence to be the person(a) whose name(¥) is/are subscribed to the within instrument and acknowledged to me that hc/shefthey executed the same in his/~ir authorized capacity(~). and that by his/her/their signature(•) on the instrument the personfs), or the entity upon behalf of which the person{&) 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. a a a a WITNESS my hand and official seal. MEHUL V. RAWAL I COMM. #2282042 > ~ ) \) G --~ o Signature _/.+T=-"-·'1_· ___ r") __ l ____ _ (Seal) NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO COUNTY ~ My Comm Expires Apr,, 16. 2023 f cc ca ~ I ~ TE (MM/DONYYYl ACORD• CERTIFICATE OF LIABILITY INSURANCE L___.,. 04/09/2019 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 CONSfflUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorHd, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may 1'9qUll'9 an endorsement. A statement on this eertlftcata doN not confer rights to the certificate holder In lieu of such endorsamanttsl. NAME~CT JORDANNE LORDSON PIIODUCSI StateFarm STATE FARM INSURANCE JACK DALE AGENCY -~ EIII· 619 437 1709 ,~.!'191: - A. 1001 BAVEl213 !~. JORDANNE@JACKDALE.NET - CORONADO CA 92118 ~ AFFOltOINO COVERAGE NAIC~_ .. MURERA: State Farm General Insurance Company 25151 ---~ ·------ INSURED INSURlR.B: MILLET, DON'NVN AHARON ~REJIC: 1195 ANGELUS AVE MURERD: ·-SANDIEGOCA 92114-3106 INSUREJIE: - ....,11RERf: 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. NOTVIIITHSTANDING ANY REQUIREMENT, TERM OR CONDmON 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 ANO CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~i TYPE Of INSURANCE ~1~= POLICY NUMBElt POUCYEFF POUCYEXP Ullff . L I ~ GENERAL UAalTY ~~URRENCE s ' -r--i .---, iIT?iENTED [_j_J CIAl~OE LJ OCCUR s ci MEO EXP !Ar,, one__,, s PERSONAL & ADV INJURY $ I GEN'L AGGRE~.!_E LIMIT APPLIES PER GENERAL AGGREGATE s 17 LJ PRO-□ H POI.ICY JECT LOC PRODUCTS. COMP/OP AGG s , OTHER I $ hUAl&JTY y 296 4514-011-55H 03(27/2019 10/11/2019 !i,~M~!N_~l?.,$1NGLE UMI I s AKYAUTO 900ll Y INJURY (Per penon) $ 1000,000 R-.. ~-BOOIL Y INJURY (Per ll00dlnl) s 1,000,000 AUTOS ONLY ' AUTOS HIRED NON-O'MIED PROPERTY DAMAGE s 1,000.000 r-AUTOS ONLY AUTOS ONLY s I ~ Ull8IIEUA UA8 HOCCUR EACH OCCURRENCE s EXCESSUAB CI.AIMS,W._D~ AGGREGATE s DED I I RETENTION s $ I WORKERS COMPENSATION l~f~= I I ~iii-AND EMPLOYERS' LIAIIIUTY y I I ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L EACH ACCIDENT s I OFFICER/MEMBER EXCLUDED? (lllandltaty In NH) E.L. OISEASE • EA EMPLO~! S ~m~ ~PERATIONS below E L. OISEASE • POLICY LIMIT S DESCM'110N OF OPERATIONS I LOCATIONS IVEHICLO \ACORD 101, A4dlllonll llMMrtm ~ may 11e-.....1-.-11 NqUlnd) ADDITIONAL INSURED: CITY OF CARLSBAD 799 PINE AVE SUITE 200 CARLSBAD CA 92008 CERTIFICATE HOLDER CITY OF CARLSBAD 799 PINE AVE SUITE 200 CARLSBAD CA 92008 ACORD 25 (2018103) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORD THE POLICY PROVISIONS. AUTitORIZE C 1988-2015 ACORD CORPORATION. All rights rNerVed. The ACORD name and logo al'9 registered marks of ACORD 1001-188 132&19.12 Ql.1~18 CERTHOLDER COPY STATE L:OMPENSA~ION IN~LJAANCE P.O. BOX 8192, PLEASANTON, CA 94588 FUNO ISSUE DATE: 09-14-2018 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: CITY OF CARLSBAD PARKS & RECREATION ADMIN 799 PINE AVE STE 200 CARLSBAD CA 92008-2428 SP POLICY NUMBER: 1974447-2018 CERTIFICATE ID: 48 CERTIFICATE EXPIRES: 08-01-2019 08-01-2018/08-01-2019 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain. the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~ti~ /L_ xii~ Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2018-09-14 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD PARKS & RECREATION ADMIN ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2014 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER MILLET, DONWYN AHARON EXACT CONSTRUCTION SP 1195 ANGELUS AVE SAN DIEGO CA 92114 (REV.7·2014) [JG3,CS] PRINTED 09-14-2018 SP POLICYHOLDER COPY STATE COMPEN5A~IVN INSURANCE P.O. BOX 8192, PLEASANTON, CA 94588 FUND ISSUE DATE: 09-14-2018 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: CITY OF CARLSBAD PARKS & RECREATION ADMIN 799 PINE AVE STE 200 CARLSBAD CA 92008-2428 SP POLICY NUMBER: 1974447-2018 CERTIFICATE ID: 48 CERTIFICATE EXPIRES: 08-01-2019 08-01-2018/08-01-2019 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~ti q Ii--xii~~ Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2018-09-14 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD PARKS & RECREATION ADMIN ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2014 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER MILLET, DONWYN AHARON EXACT CONSTRUCTION SP 1195 ANGELUS AVE SAN DIEGO CA 92114 (REV.7·2014) [JG3,CS] PRINTED 09-14-2018 SP ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 9/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 ~2:i~cT Customer Service Department Target Insurance Services r.~~N~n c ... ,. (800) 450-8013 I FAX tA/C Nol: (866) 227-3052 xCert 6630 Flanders Drive it'lJ~ss: Certifica tes@premieragencyservices.com INSURER!Sl AFFORDING COVERAGE NAIC # San Diego CA 92121 INSURER A Associated Industries Ins Co Inc 23140 INSURED INSURER B :Homeland Ins Co of New York 34452 Exact Construction INSURERC: 1195 Angelus Avenue INSURER D: INSURER E: San Diego CA 92114 INSURERF: COVERAGES CERTIFICATE NUMBER:GL/PL 18-19 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 •••en IAMn POLICY NUMBER /MM/DDIYYYYl IMM/DDIYYYYl X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I---~ CLAIMS-MADE [iJ OCCUR DAMAGE TO RENTED A PREMISES /Ea occurrence\ $ 100,000 X AES104135602 8/2/2018 8/2/2019 MED EXP (Any one person) $ 5,000 ~ PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl 0PRO-□LOG PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ ~ ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident) ~ - $ 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 YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~S~~fti~8~ ~~'/_;PERATIONS below E.L. DISEASE -POLICY LIMIT $ B Pollution Liability 793-00-80-01-0000 5/9/2018 5/9/2019 Policy Aggregate $1,000,000 Contractors Pollution $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is named as Additional Insured per the attached Endorsement. *Additional Insured status is subject to all policy terms, exclusions and conditions* 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 ATTN: Parks & Recreation ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue Suite 200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~•~ . H *Account Carl/ALYV -© 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS0251?014011 The ACORD name and logo are registered marks of ACORD ✓ COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "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 servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its in.tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ POLICY NUMBER:AES1041356 02 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Location and Description of Completed 0 erations All persons or organizations where written contract with the Named Insured requires additional insured completed operations coverage. This form does not a I to our work on residential ro ert Information re uired to com lete this Schedule if not shown above will be shown in the Declarations. 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'' or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ POLICY NUMBER: AES 1041356 02 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 □ POLICY NUMBER: AES1041356 02 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission