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HomeMy WebLinkAboutFord Signs Incorporated; 2019-03-13; PKRC691Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 This agreement is made on the \~ .. day of ~<).\. , 2o_r1_, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ford Signs Incorporated whose principal place of business is 1605 Ord Way, Oceanside, CA 92056 (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 de$Cribed by these Contmct Document~ (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: Mick Calarco, special projects 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. LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 1 of 10 City Attorney Approved 9/27/2016 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 oc::f:trac' from participating in contract bidding. Signature: ,~ Print Name: Sf A C \{ Fo, c{ 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. LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 2 of 10 City Attorney Approved 9/27/2016 Tracking#: BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. 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 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 ten working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 215 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II II II II II II II Ford Signs Incorporated (name of Contractor) 717137 (Contractor's license number) C-45 Electrical Signs, June 30, 2019 (license class. and exp. date) 1000049626 (DIR registration number) June 30, 2019 (DIR registration exp. date) LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 3 of 10 1605 Ord Way ( street address) Oceanside, CA 92056 (city/state/zip) 760-631-1936 (telephone no.) 760-631-4987 (fax no.) stacy@ford-signs.com ( e-mail address) City Attorney Approved 9/27/2016 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 ' ( sigp-!!ere l ,,.I n 'd . Cv l, (\ rur-u\,,1 ~rt,Sl c'.VL+ (print name/title) By: ~ Parks~~partment Director By: 0nhere} S±Cl8j tva::l. CEO print name/tifle) ;t~L-~ fA BABARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group B Secretary, Assistant Secretary, Group A Chairman, President, or Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:--~;,,_) :::;___{_::.......... -~A _______ c __ Aisistant City Att.dfrWy O<rv ~ . LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 4 of 10 City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of tile individual who signed tl1e document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of California \__ } County of ~fl L>\(:'~ U On Feb" Si c;A)\ 9 before me, ___,__F2-=w.un=~-'-~-~---'---:ez_va--------+. ---'--'-=-'~....::+-~·{Ab i l (_, Date Here Insert Name and Title of the f, er personally appeared -~l!-'""'i)..,_-L-'J ('-t_'l'---'fo'----_V_d_-__ C{-'-'-Vl--=cA __ c.='3izLV_,c....=---=--•i1---_,__fo----'---'-y_o( ____ _ Name(s) of Signer(s) J who proved to me on the basis of satisfactory evidence to be the persor@whose nam~) ic/a~sub_scribed to the within instrument and acknowledged _!Q,,J:);)_e that he/she~executed the same in his/~ authorized capacity(~ and th~y his/hetZtb.@i? signature(sj on the instrument the perso~ or the entity upon behalf of which the perso® acted, executed the instrument. a Notary Public -California ~ San Diego County I z Commission # 2148683 ?: t • ~ 0 • • MJ eoziT Jxgi~s}er ;}~2~ l Place Notary Seal and/or Stamp 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. Sigoat~ ~°'- Signature of Notary Public 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: ~ OfCa;[sbaJ (Y]cYlO( (>,-t~J \( Lt!Juvt_ S Q Q'YLJY~ Document Date: =9--{ S ( / °I ____ Number of Pages: I 0 Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Cla'med by Sign,er(s) ;,{ Signer's Name: (,. 'Q'Corporate Officer -Title(s): -4-L'L1.-,<.>J,"---''---- □ Partner - D Limited D Gen ral D Individual o Attorney in Fact o Trustee o Guardian of Conservator o Other: Signer is Representing: _________ _ 12017 National Notary Association Signer's Name: s~ Fjy{,f [)!OCorporate Office(~): _0=t~O=----- 0 Partner - D Limited D General D Individual D Trustee D Other: o Attorney in Fact o Guardian of Conservc1tor Signer is Representing: ________ _ M1304-09 (09/17) 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., be Subcontracted No. Classification & Expiration Date ND tJ t, )._ :o tJr:-Total % Subcontracted: __ 1'-" ___ v __ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 %of Total Contract Page 5 of 10 City Attorney Approved 9/27/2016 EXHIBIT B JOB QUOTATION ~ I N C O R P O R A T E D 1605 ORD WAY • OCEANSIDE, CA 92056 PH. (760) 631-1936 WWW.FORD-SIGNS.COM City of Carisbad Parks & Rec Department 799 Pine Ave. #200 Carisbad, CA 92008 PO Mick DATE ACTIVITY 01/10/2019 01/10/2019 AIIM!llnum 01/10/2019 Aunlnum 01/10/2019 Aluminum 01/10/2019 Alwnlnum 01/10/2019 Aluminum 01/10/2019 Alll'lllnurn 01110/2019 Aluminum 01/10/2019 Aluminum 01110/2019 Aluminum 01/10/2019 Aluminum 01/10/2019 Aluminum 01/10/2019 Ali.mlnum 01/10/2019 Aluminum 01/10/2019 Aluminum FAX (760) 631-4987 C-45 UC. II 717137 DESCRIPTION SALES REP PK Leo Carrillo Historic Park, Carlsbad Phase2 Mfg ST-C.04 directional single sided primary rustic Mfg ST-C.05 direc11onal double sided primary rustic Mfg ST-D.03 ID secondary rustic Mfg ST-E.03 directional rustic (A,B,C,D,E,F) Mfg ST-E.04 directional rustic (A,B,C,D,E,F) Mfg ST-E.05 directional rustic (A,B,C,D,E,F) Mfg ST-E.06 directional rustic (A,B,C,D,E,F) Mfg ST-E.07 directional rustic (A,B,C,D,E,F) Mfg ST-F.06 Cabana Primary Interpretive Mfg ST-F.07 Cabana Primary Interpretive Mfg ST-F.08 Cabana Primary Interpretive Mfg ST-F.09 Cabana Primary Interpretive Mfg ST F.10 Thank you, Adios Primary Interpretive Mfg ST-G.04a Leo Car99r Secondary Interpretive LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 6 of 10 QUOTE# 191127 DATE 01/10/2019 QTY RATE 717.75 819.39 201.63 897.27 897.27 897.29 897.29 897.29 570.24 570.24 570.24 570.24 570.24 575.19 Tracking#: AMOUNl'. 717.75T 819.39T 201.63T 897.27T 897.27T 897.29T 897.29T 897.29T 570.24T 570.24T 570.24T 570.24T 570.24T 575.19T City Attorney Approved 9/27/2016 DATE ACTIVITY 01/10/2019 Aluminum 01/10/2019 Aluminum 01/10/2019 Aluminum 01/10/2019 Aluminum 01110/2019 Aluminum 01/1012019 Aluminum 01/1012019 Aluminum 01110/2019 Aluminum 01/1012019 Aluminum 01110/2019 llllldlllon 01/1012019 f'Mnllll 01110/2019 DESCRIPTION Mtg ST-G.05b Chicken Coop Secondary Interpretive Mtg ST-G.06b Well, Windmill Secondary Interpretive Mtg ST-G.07b Foundry, Shed, Loading Dock Secondary Interpretive Mtg ST-G.08a LCR WIidiife Secondary Interpretive .. Mtg ST-G.09b TBD Secondary Interpretive •• Mtg ST-G.1 Ob TBD Secondary Interpretive Mtg ST-H.01 Original Entrance Bridge Interpretive Mtg ST•H 02 Ww,r Entrance Bridge Interpretive Mtg ST-K.01 Visitor Center ID Non taxable mfg labor and Installation Insurance performance Bond; including pL.tllic works registration .. Estimate is based on prevaHing wage pricing; change orders must be In writing and additional fees added based on customer approval. SUBTOTAL TAX (7.75%) TOTAL BALANCE DUE LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 7 of 10 QTY RATE 575.19 575.19 575.19 575.19 575.19 575.19 610.50 610.50 1,503.48 32,133.87 2,400.00 Tracking#: AMOUNT 575.19T 575.19T 575.19T 575.19T 575.19T 575.19T 610.SOT 610.SOT 1,503.48T 32,133.87 2,400.00 50,361.06 1,226.61 51,587.67 $51,587.67 City Attorney Approved 9/27/2016 Tracking#: PAYMENT Payment to the Contractor will be made in accordance with the following schedule: 1. 30% initial payment based on total referenced above, upon full execution of contract, assignment of City purchase order and receipt of invoice from Contractor for initial 30% payment. 2. 35% progress payment based upon total reference above, upon successful completion of invoiced items 108 days after the commencement of work. 3. 35% final payment, based upon total referenced above, upon successful completion and acceptance by the City special projects manager after all work is performed. Total not to exceed amount: $51,587.67. II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 8 of 10 City Attorney Approved 9/27/2016 BOND #894989P Premium: $1,290 Tracking#: Premium is for contract term and subject to adjustment based on final contract pnce EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ford Signs Incorporated (hereinafter designated as the "Principal"), a Contract for: LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT CONTRACT NO. PKRC691 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 sha!! 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, Ford Signs Incorporated, as Principal, (hereinafter designated as the "Contractor"), and Indemnity Company of California as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty one thousand, five hundred and eighty seven dollars and sixty seven cents ($51,587.67), 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 er 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. 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. II II II II II II LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 9 of 10 City Attorney Approved 9/27/2016 ,. Executed by CONTRACTOR this _/--=1J_'f-£-. __ _ day of{~ , 20 \0(. CONTRACTOR: Ford Signs Incorporated ._ ( sign here) CAlu\ 6rll (print name here) Tracking#: Executed by SURETY this 8th day of __ """'F:....;e::..:b=r=ua=ry_._ ______ , 20 ..19-. SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, Suite 100, Irvine, CA 92614 (address of Surety) 800-?82-1546 (telephone number of Surety) By~ :=::::, (signature of Attorney-in-Fact) Ted Collins (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) -...J!.'----'-= ............... -=------''~.......,__.___~~lVLC , (title and organization of signatory) (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: eputy , y ttorney LEO CARRILLO RANCH HISTORIC PARK PHASE II SIGN PROJECT; CONT. NO. PKRC691 Page 10 of 10 City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of SAN DIEGO } On February 8th, 2019 before me, L. HAHN , Notary Public, ----~--------------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared _T_E_D_C_O_L_L_IN_S _________________________ _ Name(s) of Signer(s) , •••••••••••• f .... .. L. HAHN • @·· ··~·--.. : ~. · Notary Pub. lie -California : :;. · ,..-,. ,,,·· · · San Diego County i ,. • · Commission# 2212799 • My Comm. Expires Sep 5, 2021 Place Notary Seal Above who proved to rne on the basis of satisfactory evidence to be the person(j) whose name(!i'.) is/jxfi subscribed to the within instrument and acknowledged to ·me that he/~~~y executed the same in his/ffl6t~authorized capacity()M(), and that by his/R~Rtt signature(~ on the instrument the person(~). or the entity upon behalf of which the person(~) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL ----------- Though the information be/ow is not required by lawd it may prove valuable to persons relying on the document and could prevent fraudulent removal an reattachment of the form to another document. Description of Attached Document Title or Type of Document: ______________________________ _ Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ □ Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ □ Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THU~IBPRINT UF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, Jennifer Palmer, Steven R. Bonilla, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By~~ Daniel Young, Senior Vice-President o~~~ By: ~~-----~--=~----~ Mark Lansden, Vice-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, accuracy, or validity of that document. State of California County of Orange On ----~F~e=br~u=a~ry~6~, 2=0~1~7 _____ before me, -------------~L~u~ci_lle_R~a~y~m~o~nd=·~N~ot~a~ry_P~u_b~lic~-------------- Date Here Insert Name and liHe of the Officer personally appeared -------------------~D~a~ni~e_l 'r<~o=un=g~a=n=dccM~a~rk-'c'L~a~n_sd~o~n-------------------~ Name(•) of Signer(s) r C C C C O C O [u@iG.f ia~:D O C •1 • Commi11ion • 2081945 j Notary Public • CalHornla I I Orange County - ••••• ,Ml %0T"2· 5,Jrgs9Cj L31s2Y.1II Place Notary Seal Above 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 behatt of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 8th day of February , 2019 ATS-1002 (02/17) INDEMNITY AGREEMENT -READ CAREFULLY By signing this Indemnity Agreement ("Agreement") principal and each of the other undersigned (collectively "lndemnitors") affirm that the statements in the foregoing application ("Application") are true and are made to induce Developers Surety and Indemnity Company and/or Indemnity Company of California and/or CorePointe Insurance Company (hereinafter "Surety") to issue any and all bonds on behalf of principal or other lndemnitor (collectively "Bonds"). The term Bonds includes any bond issued before, on or after the date of this Agreement and any extension, renewal, modification or substitution of or addition to the Bonds. Each lndemnitor further affirms that he, she or it understands that Bonds are a credit relationship. lndemnitors jointly and severally agree, for themselves, their personal representatives, successors, and assigns: 1. To fully reimburse Surety and indemnify it against all liability, loss, claims, demands, attorney's fees, costs and expenses of every kind and nature (including for investigation) which Surety incurs or for which ii may become liable as a consequence of issuing the Bonds (collectively "Loss"), regardless of whether the Surety has actually received a claim or paid any amount. Any Loss incurred by Surety, receipt of any claim which might result in a Loss to Surety, or any failure to otherwise honor any obligation in this Agreement shall constitute a default. 2. To pay Surety the initial, fully earned, premium and all subsequent renewals, extensions, adjustments, or modifications. 3. Surety may, at its sole discretion, deny, pay, compromise, defend or appeal any claim or suit against the Bonds. An itemized statement of or sworn voucher from the surety attesting to the Loss shall be prjma fade evidence of the Loss. 4. If Surety, in its sole discretion, deems it necessary to protect itself from potential Loss it may demand collateral from lndemnitors in an amount Surety deems adequate. lndemnitors shall immediately deposit the full amount of collateral in cash or other acceptable form with Surety whether or not it has yet made a payment or incurred a Loss. Surety may retain the collateral until all actual or potential claims against the Bonds are exonerated and all Loss is fully reimbursed. 5. All money and other proceeds of the obligations covered by the Bonds ("Obligation") are received by Principal in trust for the benefit of Surety for the sole purpose of performing the Obligation until the Surety's liability is completely exonerated. 6. To secure lndemnitors' duties and obligations to Surety lndemnitors, upon Surety's declaration of principal's default, assign to Surety all right and title to and interest in all amounts due under the Obligation and under all other bonded and unbonded contracts; all agreements, notes, accounts, proceeds, accounts receivable, return premium from Surety or others in which lndemnitors have any interest; and all subcontracts under the Obligation. lndemnitors hereby grant security interests in all equipment, machinery, plant, inventory, vehicles, tools, real property, and all other assets. This agreement shall constitute a Security Agreement and a Financing Statement for the benefit of the Surety in accordance with the Uniform Commercial Code and all similar statutes and a deed of trust or mortgage, as applicable, and may be filed by the Surety without notice to ,perfect security interests. 7. Each lndemnitor irrevocably appoints Surety or its designee as his, her or its attorney-in-fact with the right and power, but not the obligation, to exercise all of the rights assigned to Surety under this Agreement and to make, execute and deliver any and all additional contracts, instruments, assignments, documents or papers (including, but not limited to, the endorsement of checks or other instruments payable to principal or any lndemnitor representing payment of Obligation monies) deemed necessary and proper by Surety in order to give full effect to the intent and meaning of the assignments or rights contained herein. It is expressly agreed that this power-of-attorney is coupled with the interest of Surety in receiving the indemnification from lndemnitors. If a Bond relates to a subdivision improvement agreement Surety may revert to acreage the real property which is the subject of this agreement. lndemnitors hereby ratify all acts by Surety or its designee as attorney-in-fact. 8. Upon submission of the Application and until full satisfactory performance of the Obligation and exoneration of the Bonds, Surety may freely access, examine, copy and obtain lndemnitors' books, records, credit reports and accounts ("Records"). lndemnitors authorize third parties in possession of these Records to furnish to Surety any information requested in connection with any transaction and each indemnitor releases such third parties from liability resulting from the provision of such information. 9. Each lndemnitor agrees he, she or it is bound to every obligation in this Agreement regardless of (a) whether the principal fails to sign any bond; (b) the existence, release, return, exchange or viability of or failure to obtain collateral or security securing lndemnitors' duties and obligations under the Agreement; (c) the identity of any other lndemnitor; (d) whether or not any other lndemnitor is bound or released; or (e) the failure of any other person or entity to sign this Agreement. 10. lndemnitors expressly waive notice of any claim or demand against the Bonds or information provided to the Surety. Surety may decline to issue bonds and may cancel, withdraw or procure its release from the Bonds at any time, without incurring liability to lndemnitors. 11. If any portion of this Agreement is unenforceable that portion shall be considered deleted with the remainder continuing in full force and effect. 12. A facsimile, photocopy, electronic or optical reproduction shall be admissible in a court of law with the same force and effect as the original. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original hereof and all of which, taken together, shall constitute one and the same instrument. 13. This Agreement is a continuing obligation and may not be terminated for past or present bonds. lndemnitors may, however, terminate obligations as to future bonds by providing the Surety with a minimum of 30 days written notice mailed to: P.O. Box 19725, Irvine, CA 92623. Termination shall be effective 30 days after Surety provides lndemnitor with written acknowledgement of receipt. 14. As consideration for Surety's execution of the Bonds applied for, each lndemnitor jointly and severally agrees to be bound by all of the terms of this Agreement as though each were the sole applicant and each admits to being financially interested in the pe:formance of the Obligation. SEE FRAUD WARNING ON PAGE 2 Signed this 6~ day of ~ , 1o \t{. Principal/Company Name (Print):'-F"-or;..;;d;_S.;;;..i"'gc..;n.c..s,,_l"'n..::.c'-. ~~---~--------- ~-~~~..,,_....1-tacy Ford, CFO Signature X ~~ ~ lndemnitors: ,, \ 1 \ ~ Signature X --~C~fJ\_:\--v:_· ~_)\______ SignatureX (lndemnitor) Print Name here: _C_o_li_n_F_o_rd___________ (Spouse) Print Namehe._s_t_a~cy~F_o_rd ___________ _ Signature X ___________________ _ SignatureX ___________________ _ (lndemnitor) Print Name here: ______________ _ Signature X ___________________ _ Colin and Stacy Ford 2004 (Spouse) Print Name here: Trust dated June 3, 2004 SignatureX OAkA I ~VlA...Stf <fL (lndemnitor) Print Name here: ______________ _ Signature X ___________________ _ (lndemnitor) Print Name here: ______________ _ ID-1061 (HO) (REV. 03/15) 3 ~ FORDSIG-01 GRACH1 ACORD· CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/08/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OL48969 691U~CT C3 Risk & Insurance Services i rtg,N~o, Ext): (619) 233-8000 I r..e~. No):(619) 864-7106 404 Camino Del Rio S. STE 410 San Diego, CA 92108 1 ~~n1!b.,.,. chor@c3lnsurance.com INSURER/SI AFFORDING COVERAGE NAIC# INSURER A : West Am_~rican Insurance Comoanv 44393 INSURED INSURER B: Ohio Securitv Insurance ComDanv 24082 Ford Signs, Inc. 1NSURER c, American Fire & Casualtv 24066 --- 1605 Ord Way 1NsuRER D , Insurance ComDanv Of The West 27847 Oceanside, CA 92056 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS 15 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 HEREINISSUBJECTTOALL THETERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ir.f: TYPE OF INSURANCE ~f.\-~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -7 CLAIMS-MADE [K] OCCUR _g~tt.1~~J?t.~~J-_, 500,000 X BKW56519742 05/09/2018 05/09/2019 $ MED EXP /Any orr~ nersonl $ 15,000 ----1,000,000 PERSONAL & ADV INJURY j ~---2,000,000 i~'L AGGREGATE LIMIT A~pt.lES PER: GENERAL AGGREGATE $ POLICY □ ffBf [K] LOC PRODUCTS • COMP/OP AGG s 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY fi,~~~,S!.~~,flNGLE LIMIT $ 1,000,000 -X ANY AUTO X BAS56519742 05/09/2018 05/09/2019 BODILY INJURY /Per oerson\ $ -OWNED -SCHEDULED ·-AUTOS ONLY r---AUTOS BODILY !IIIJURY /Per accident) $ HIRED ~tbi1i'~t.~ Ff.?:&:%~1?AMAGE I $ -AUTOS ONLY -.. I $ C IX1 UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE ESA56519742 05/09/2018 05/09/2019 AGGREGATE $ 2,000,000 ✓ OED I X I RETENTION$ 0 'I D WORKERS COMPENSATION XI ~ffrnTE I I ~~H-AND EMPLOYERS' LIABILITY Y/N WSD504114200 05/09/2018 05/09/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ ~~rc~f~~ 'g't'6PERA TIONS below \ E.L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, mll)I be attached If more sriace ls required) Re: Job: Leo Carrillo Ranch Historic Park Sign, Project Cont. No. PKRC619. City of Carlsbad is an add tional Insured, as required by written contract, per the attached CG2010 04/13 and CG2037 04/13 forms regarding General Llablllty and per the attached CA8810 01/13 form regarding Auto Liablllty. 30 Days Notice of Cancellation applies regarding the General Liability and Auto Liability policies. CERTIFICATE HOLDER CAN CELLA TiON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation Dept. 799 Pine Avenue, #200 Carlsbad, CA 92008 AUTHORl~D REPRESENTATIVE /--' / r1 I / )J.,;: j,~_ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKW56519742 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket Additional Insured agreed 1605 ORD WAY OCEANSIDE, CA 92056 Location(s) Of Covered Operations Any location(s) when You have agreed in a written contract, agreement or permit that person or organization be added as an additional insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "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 operatons for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1. 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 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 or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2