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HomeMy WebLinkAboutHaixin Flooring Inc dba Carpet Club; 2019-01-16; PWM19-704GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0115659 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Apr 02, 2019 11 :20 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: 204-100-06-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Jan. 9, 2019. 6. The name of the contractor for such work or improvement is Haixin Flooring, Inc. dba Carpet Club. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM19-704GS and Project Name: Urgent Senior Center Flood Restoration -Flooring. 8. The street address of said property is 799 Pine Ave., Carlsbad, CA 92008, in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on =fY} M-c.JJ c-2 (p , 20J.J_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~ / c;l 1 l , 20.l.1_, at Carlsbad, California. Q:\Public Works\General Services\Agreements & Contracts\Haixin Flooring dba Carpet Club\PWM19-704GS -Urgent Senior Center Flood Restoration -Flooring\NOC\2.NOC -PWM19- 704GS -Urgent Senior Center Flood Restoration -Flooring.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Haixin Flooring, Inc. dba Carpet Club has completed the contract work required for PWM19- 704GS -Urgent Senior Center Flood Restoration -Flooring. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Replacement of flooring due to flood damage. $20,752 CERTIFICATION OF COMPLETION OF IMPROVEMENTS CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. ~ Scott Chadwi~City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By u!r Deputy City Attorne Q \Public Works\General Services\Agreements & Contracts\Haixin Flooring dba Carpet Club\PWM19-704GS -Urgent Senior Center Flood Restoration -Flooring\NOC\3.API - PWM19-704GS -Urgent Senior Center Flood Restoration -Flooring.docx PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 1 of 41 City Attorney Approved 9/27/16 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT URGENT SENIOR CENTER FLOOD RESTORATION - FLOORING This RATIFICATION OF AGREEMENT is entered into as of the ______________ day of _________________________, 2019, but effective as of the 26th day of December, 2018, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Haixin Flooring, Inc., dba Carpet Club, a California corporation whose principal place of business is 518 W. Washington Ave, Escondido, CA 92025 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor has performed all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor has provided 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: Brian Bacardi (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. DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 16th January PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 2 of 41 City Attorney Approved 9/27/16 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. Signature: ___________________________________ Print Name: _____Huafang Mo____________________ 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. 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. DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 3 of 41 City Attorney Approved 9/27/16 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 agreed to start work on December 26, 2018. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Haixin Flooring, Inc. dba Carpet Club 518 W. Washington Ave (name of Contractor) 1032021 (street address) Escondido, CA 92025 (Contractor’s license number) C-15, C-54 10/31/19 (city/state/zip) 760-740-9545 (license class. and exp. date) 1000050251 (telephone no.) 760-740-9648 (DIR registration number) 6/30/19 (fax no.) ireyes@carpetclub.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 4 of 41 City Attorney Approved 9/27/16 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, HAIXIN FLOORING, INC., dba CARPET CLUB, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Huafang Mo, CEO/CFO Paz Gomez, Public Works Director as authorized by the City Manager (print name/title) By: (sign here) (print name/title) 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 A Group B Chairman, President, or Vice-President 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 5 of 41 City Attorney Approved 9/27/16 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract None Total % Subcontracted: _____0%__________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 6 of 41 City Attorney Approved 9/27/16 EXHIBIT B Urgent Senior Center Flood Restoration - Flooring Contractor will provide all materials, tools and labor to necessary to complete the following flooring installation at the Carlsbad Senior Center, located at 799 Pine Avenue, Carlsbad, CA 92008: Carpet Tile Installation: - Prepare floor to receive, then apply new layer of moisture barrier (Parabond MVR 8000 Moisture Vapor Reducer or equivalent) per manufactures specifications (Exhibit C). - Install 1828 SQFT. of Shaw Allure Carpet Tiles or equivalent (Stock #59327 – Color: Starlight) per manufactures specifications (Exhibit C). - Luxury Vinyl Tile: - Prepare floor to receive, then apply new layer of 6 mil polyurethane moisture barrier per manufactures specifications (Exhibit C). - Install 500 SQFT. of Shaw Grain Luxury Vinyl Tiles (LVT) or equivalent (Stock #0364V – Color: Antler 64761) per manufactures specifications (Exhibit C). Rubber Wall Baseboard: Prepare wall, and install 496 LF. of Johnsonite Rubber Wall Base or equivalent (Color: Charcoal) per manufactures specification (Exhibit C). JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 1828 SQFT. of Shaw “Allure” carpet tile installation with moisture barrier $15,048 2 LS 1 500 SQFT. LVT plank installation with 6 mil polyurethane moisture barrier $3,975 3 LS 1 496 LF. rubber wall baseboard installation $1,729 TOTAL* $20,752 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 7 of 41 EXHIBIT B DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 8 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 9 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 10 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 11 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 12 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 13 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 14 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 15 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 16 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 17 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 18 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 19 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 20 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 21 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 22 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 23 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 24 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 25 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 26 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 27 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 28 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 29 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 30 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 31 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 32 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 33 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 34 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 35 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 36 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 37 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 38 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 39 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 40 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 PWM19-704GS Urgent Senior Center Flood Restoration - Flooring Page 41 of 41 DocuSign Envelope ID: A49E3298-4508-47A4-82BD-A5E4CF76E862 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD ZWANG Gina Kepler 09/17/2018 MOBICAR-01 B BAS58123383 A 103GL001984301 2,000,000 1,000,000 2,000,000 5,000 100,000 1,000,000 1,000,000 X X X License # 0C36861 09/05/2018 09/05/2019 09/05/2018 09/05/2019 RE: City of Carlsbad Public Works General Services Agreement Name Office Carpet Replacement at Monroe ST Pool Agreement Number PWL18-98GS Certificate Holder is included as additional insured as required by written contract. San Diego-Alliant Insurance Services, Inc. 701 B St 6th Fl San Diego, CA 92101 (619) 238-1828 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P. O Box 4668 - ECM #35050 New York, NY 10163-4668 Haixin Flooring, Inc. DBA Carpet Club 518 W Washington Ave Escondido, CA 92025 Colony Insurance Company Ohio Security Insurance Company 39993 24082 X X Gina.Kepler@Alliant.com COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT 2013Liberty Mutual Insurance CA 88 10 01 13 Page 1 of 7Includes copyrighted material of Insurance Services Office, Inc.,with its permission. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGEFORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto)2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use)6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)16 PERSONAL EFFECTSCOVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d.Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1)Is a partnership or joint venture; or (2)Is an insured under any other automobile policy; or (3)Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2)of this provision does not apply to a policy written to apply specifically in excess of this policy. e.Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1)If there is similar insurance or a self-insured retention plan available to that organization; 2013Liberty Mutual Insurance CA 88 10 01 13 Page 2 of 7Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (2)If the Limits of Insurance of any other insurance policy have been exhausted; or (3)To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f.Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g.An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: h.Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1)Only with respect to the operation, maintenance or use of a covered "auto"; (2)Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3)Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions,2.a.Supplementary Payments, para- graphs (2)and (4)are replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5.FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4.Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a.You hire, rent or borrow; or 2013Liberty Mutual Insurance CA 88 10 01 13 Page 3 of 7Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A.The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1)$50,000; or (2)The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C.Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D.Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E.This coverage extension does not apply to: (1)Any "auto" that is hired, rented or borrowed with a driver; or (2)Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2.Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a.For private passenger type vehicles, we will pay up to $50 per disablement. b.For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c.For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.,Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 2013Liberty Mutual Insurance CA 88 10 01 13 Page 4 of 7Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE,A.COVERAGE, is amended by adding the following: a.We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b.Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c.We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d.This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e.If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f.No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE,A.COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTSCOVERAGE A.SECTION III - PHYSICAL DAMAGE COVERAGE,A.COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B.SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE,B.EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE,B.EXCLUSIONS, exception paragraph a.to exclu- sions 4.c.and 4.d.is deleted and replaced with the following: 2013Liberty Mutual Insurance CA 88 10 01 13 Page 5 of 7Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Exclusion 4.c.and 4.d.do not apply to: a.Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto’s" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASEGAP COVERAGE A.Paragraph C.,LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1.Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a.Overdue payments and financial penalties associated with those payments as of the date of the "loss", b.Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d.Transfer or rollover balances from previous loans or leases, e.Final payment due under a "Balloon Loan", f.The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g.Security deposits not refunded by a lessor, h.All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i.Any amount representing taxes, j.Loan or lease termination fees; or 2.The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B.ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C.SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 2013Liberty Mutual Insurance CA 88 10 01 13 Page 6 of 7Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKEDAUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a.In the charge of an "insured"; b.Legally parked; and c.Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a.If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b.If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c.If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2.is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a.is replaced in its entirety by the following: a.In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.Member, if you are a limited liability company; 4.An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. 2013Liberty Mutual Insurance CA 88 10 01 13 Page 7 of 7Includes copyrighted material of Insurance Services Office, Inc.,with its permission. To the extent possible, notice to us should include: (1)How, when and where the "accident" or "loss" took place; (2)The "insureds" name and address; and (3)The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5.,Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7.,Policy Period, Coverage Territory, is amended by the addition of the following: f.For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured’s responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.- CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion.