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Tot Lot Pros Inc; 2018-04-18; PKRC656
Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT TOT LOT SHADE STRUCTURE INSTALLATION; CONT. NO. PKRC656 This agreement is made on the l7JTu day of ~[~\ , 20-1.i, by the City of Carlsbad, California, a municipal corporation, (hereinafte calle'd "City"}, and Tot Lot Pros, Inc. whose principal place of business is 14688 El Molino Street, Fontana, CA 92335 (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: Tim Selke (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 insu ring 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. TOT LOT SHADE STRUCTURE INSTALLATION; CONT. NO. PKRC656 Page 1 of 8 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 or subcont from rticipating in contract bidding. Signature: Print Nam 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 $1 ,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. TOT LOT SHADE STRUCTURE INSTALLATION; CONT. NO. PKRC656 Page 2 of 8 City Attorney Approved 9/27/2016 Tracking#: INDEMNITY. The Contractor shall assume the.defense of, pay all expenses of defense, and Indemnify and· hold harmless the. Clfy, and It$ officers and employees, from all claims, loss, damage, injury and llablllty of every kind, nature and description, directly or indirectly arising from or in conl'}ection with the performance of-the Contract or work; or from any failure -or alleged failure of Contractor to comply with any appflcable law, rules or regulations lneludlng those related to safety and health; and from any and all claims, loss, (Jamages, lhjury and liability, howsoever the same may be caused, resultlng directly or Indirectly from the nature of the work rovered· by the Contract, except for Joss or damage caused by the sole or active negligence. or willful misconduct of the City. The expenses of defense include au 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 cflSJ)utes 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 50 working days after receipt of Notice to Proceed. CONTRACTOR;$ INFORMATION. II II' II II II II Tot Lot Pros Inc. (name of Contractor) 967975 (Contractor's ·license number) B, C-61/034, C-61/012; 11/30/2019 (license class. and exp. date) 1000002374 (DIR registration number) 6/30/2018 (DIR registration exp. -date) TOT LOT SHADE STRUCTURE INSTALLATION; CONT. NO. PKRC666 Page 3 of8 14688 EI Molino Street ( street address) Fontana, CA .92335 ( city/state/zip) 909~350-9500 (telephone-no.} 90.9-350-9502 (fax no.) travis@totlotpros.com (e-mail address) Cffy Attorney Approved 9/27f2016 / 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:~;z By: ~~ (sign here) 1 WiS l{1Mst, 8ec.uJ,u,~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ty a loR~.a:,eputy City Manager or Department Director as authorized by the City Manager BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .tf_g corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ Aesi:!terrt City Attorney ~ TOT LOT SHADE STRUCTURE INSTALLATION; CONT. NO. PKRC656 Page 4 of 8 City Attorney Approved 9/27/2016 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 Total % Subcontracted: NUN~ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. TOT LOT SHADE STRUCTURE INSTALLATION; CONT. NO. PKRC656 Page 5 of 8 City Attorney Approved 9/27/2016 Tracking#: EXHIBITS SCOPE OF SERVICES Tot Lot Pros, Inc. will furnish and Install .a new shade structure at both Laguna Riviera Park and stagecoach Community· Park. All won< shall be performed In accordance with the attached proposal dated 2123/18. Work Includes: • Demo and dispose of existing post and roof • Install or:ie new single post cool topper shade structure o Cool topper speciflcatlons outlined in attached quote dated 2/22./18 o P?fl( locations designated In attached diagrams • Provide and Install security fencing to secure.area during construction • Remove.all materials and debris • Repair rubber surfacing caused by installation damage as needed • Furnish new post caps for posts that are cut • Apply touch up paint as needecl 1 Landscape Structures Single Post CoolTopper Shades $11,132.51 2 Laguna Riviera Park $9,950.00 3 Stagecoach C<;)mmunlty Park $9,950.00 4 Labor and Materials 8Qnd $931.00 $31,963.51 Agreement shall not exceed $31,983.51 TOT LOTSHADE STRUCTIJRE INSTALLATION; CONT. NC). PKRC666 Page 6 of 8 City Attorney Approved 9!27/2016 EXHIBIT C LABOR AND MATERIALS BOND Tracking#: Bond #: 706099P Premlt.i'rn: $799.00 WHEREAS, the City Councll of the City of Carlsbad, State of California, has awarded to Tot Lot Pros, Inc. (hereinafter designated as the "Principal"), a Contract for. TOT LOT SHADE STRUCTURE INSTALLATION CONTRACT NO. PKRC656 In the City of Carlsbad, In strict conformity with the drawings and spectflcations, 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 tenns thereof require the furnishing of a bond, providing that If Principal or any of Its subcontractors shall fall 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, Tot Lot Pros, Inc., 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 thirty-one thousand nine hundred sixty-three dollars and fifty- one cents ($31,963.51), 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 fall 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 hotlce of. any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. TOT LOT SHADE STRUCTURc: INSTALLATION, CONT. NO. PKRC656 Page 7 of 8 City Attorney Approved 9/27/2016 Tracking#: In the event that Contractor is an individual, ,t is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. / . f) tA- Executed by CONTRACTOR this --L-~6.~--- day of /J"k,-d, ,2oj£ CONTRACTOR: Tot Lot Pros, Inc. 8~ here) .:JACJ:. Srl<JJ? 6 C L- (print name here) 7d hi /J,tPs (title and organization of signatory) B~---=-~~--;e:=~~~----_-_-_____ _ (sign here) ~ { U.\I') ') ~ ~u-c~~ (print name here) zation of sig natory) Executed by SURETY this __ 5~t'---h ____ day of ___ M_a_r_ch _______ , 20~ SURETY: Indemnity Company of California (name of Surety) 17771 Cowan Suite 100 Irvine, CA 92614 (address of Surety) By: (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELiA A. BREWER CityA~ By:~ Deputy City Attorney TOT LOT SHADE STRUCTURE INSTALLATION; CONT. NO. PKRC656 Page 8 of 8 City Attorney Approved 9/27/2016 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 L va lidity of that document. State of California County of _ _F_r_e_s_n_o _______ _ On ___ 3_ 1 ,_{-=->__,_)_,[....,</'-----before me , Roberta Voss, Notary Public 1 (insert name Dnd title of the officer) personally appeared _J_u_s_ti_n_S_1_11_it ____________ _ who proved to me on the bnsis of satisfactory evidence to be the person(&) whose name(~) is/~ subscribed to the within instrument and acknowledged to me that he/&:bootooyc executed the same in his/hl~/tloocix authorized capacity(~). and that by his/lCte'f/t~elR signature~) on the instrument the person(5:), 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. (Seal) 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: ***Roberta Voss, Justin Smit, Ann M. Ferguson, Mary Beth Smith, Mathew B. Harbeck, Matt DeFendis, Amber Gray, jointly or severally*** as their true and lawful Attomey(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 Attomey(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 attomey(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: ~?l4~ Daniel Young, Senior Vice-President By: ~~----,---,---,--~~L-2~-Mark Lansden, Vice-President A notary public or other officer completing this certificate verifies only the jdentity 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 ____ .:..Fe"'b"'ru==a"-ry'--'6e.1.,.:20=-1:..a.7 ____ before me. --------------=Lu==c""ill;:.e"-'R=-ay""m""oc..:n.,,.d,"'-N'-=o-=ta"-'ryc..:P..;u"'bl""ic;.._ ____________ _ Date Hme Insert Name and Tille ol lhe OtrlC8f personally appeared ___________________ D_a_ni_el_Y~ou~n_g~a_nd_M_ark_La_n~sd_o_n __________________ _ LUCILLE RAYMOND Commission• 2081945 Place Notary Seal Above Name(s) ol Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. 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. f Signature ---------~r--+x:..::. ___________ _;_ ____ _ 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 ~~ day of ~ (#J '1-q-' .t.?' ATS-1002 (02117) 14688 El Molino St. Fontana, CA 92335 Phone: 909-350-9500 Fax: 909-350-9502 www.totlotpros.com Estimate ' ' ('u-..1omer City of Carlsbad A TfN: Accounts Payable 1635 Faraday Ave. Carlsbad, CA 92008-73 14 Project Laguna Riviera Park & Stage Coach Park 2/23/2018 2905 CA Contractor Lie #967975 DlR # I 0000023 7 4 ()t) ne~cription I otal Purchase and provide Landscape Structures Single Post CoolTopper shades per Coast Recreation's quote dated 2/22/2018. Mat Total: $7,942.00 Tax: $615.5 1 Freight: $2,575.00 Total: $11,132.51 Lagw1a Riviera Park Demo and dispose of existing post and roof. Lnstallation of Single Post Cool Topper per Coast Recreations Quote dated 2/22/20 18 ****Lncludes Security Fence, removal of Spoils, and fixing Rubber surfacing as needed due to damage by the installation of Cool Topper*** Stage Coach Park Demo and dispose of existing post and roof. Installation of Single Post Cool Topper per Coast Recreations Quote dated 2/22/20 18 ****Tncludes Security Fence, removal of Spoils, and fix ing Rubber surfacing as needed due to dan1age by the installation of Cool Topper*** Provide Labor and Materials Bond 11 ,132.51 9,950.00 9,950.00 931.00 Terms: Net 30 ***Pricing Based on Prevailing Wages*** Total $31,963.51 Estimate Prepared By: TH Signature ___________ _ Print ------------Date ---- Please see the Tot Lot Pros Terms of Service. By contracting our services, you agree to the Tot Lot Pros Terms of Service unless othenvise noted in a separate contract. CA License #967975 Tot Lot Pros Terms of Service Below are the Terms of Se rvice for all services that Tot Lot Pros offers to perform. Please refer to your estimate for types of service being performed. By contracting our services, you agree to our terms below unless otherwise noted in a separate contract. General Terms of Service: • Any/all permits and /or fees required by any governmental agency having jurisdiction are the responsibility of others unless otherwise stated. • Installation methods are based on the manufactures recommendations. • Work to be performed during normal working hours (Monday-Friday/ 6AM to 5PM). • Tot Lot Pros maintains comprehensive insurance coverage and is availa ble upon written request. Projects requiring specific coverage beyond Tot Lot Pro's coverage are not included in estimate unless otherwise stated. • Additional charges for downtime/stand-by may be assessed in the event that installation is delayed due to site not being ready as scheduled or if the installation is interrupted for reasons other than those related to weather or general public emergencies. • All quotes are valid for 30 days from the date on the estimate. • Payments are due 30 days from the invoice date unless otherwise specified in a separate contract. Accounts not paid within 30 days ofthe date of the invoice are subject to a 1% monthly finance charge. • Estimates that specify a deposit required for the purchase of equipment, will not be ordered until payment has been received. Playground, Equipment and Shade Terms of Service: • It is assumed that there is reasonable access for tools, equipment and materials. • Unless noted different on the estimate, all spoils will be dumped and spread on-site at reasonable location. • ASTM and CPSC guid elines will be followed. Request for services that do not comply with those guidelines will result in Tot Lot Pros right to refuse installation of the equipment. • Security during the install and upon comp letion is the responsibility of others, unless specified otherwise. • Certified Safety Playground Inspector Audit (third party) is the responsibility of others unless otherwise specified. • Acceptance/unloading and storage of equipment is the responsibility of the others unless otherwise specified in the estimate. Surface Terms of Service: • Job site access mu st be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler and/or water systems must be shut off 24 hours before installation and remain off for 48 hours after installation is completed. • Any changes in colors, square footage, or thickness of the surfacing, will result in changes to the price. • All colors of rubber surfacing will amber to a certain extent, some more than others, unless aliphatic binder is used. • Post installation HIC (Head Impact Criteria) test not included. • Purchaser shall be responsible for security, as needed, to prevent va ndalism and/or damage of any type to the surface during the installation process, curing time, and after the installation is completed. • Any excess material at the job site upon completion is the property of Tot Lot Pros, Inc. Tot Lot Pros • 14688 El Molino St.. Fontana, CA 92335 • Office: (909) 350·9500 • Fax: (909) 350-9502 www.totlotpros.com Initial: • 3151 Airway Avenue, #A-3 Costa Mesa, CA 92626 _JC!!!?JL INC. Ph: 714.619.0100 Fax: 714.619.0106 2018 PROPOSAL QUOTE TO: City of Carlsbad ATTN: Tim Selke DATE: 2/22/2018 F.O.B.: DESTINATION LEAD TIME: 5 Weeks JOB NAME:Laguna Riviera/Stage Coach Park -Shade CITY: Carlsbad, CA PHONE: FAX: QUOTE GOOD UNTIL: 5/1/2018 TERMS: Payable at Net 10 Days *Lead time indicates mfg. Time Transit time is additional & variable. WE ARE PLEASED TO SUBMIT THIS QUOTE TO SUPPLY THE FOLLOWING ITEMS: LANDSCAPE STRUCTURES ITEMS Drawing #110897-1-2 1 -#154884A Single Post CoolTopper 12'x12' $3,675.00 NOTE ---Roof will need to be removed from Hex-deck. 5 exisiting post will nedd to be cut. New post caps will be needed. 5-#138009 Playbooster post caps w/rivets @ $28.00 2-#101219 Touch up paint@$13.00 1-#101260 Primer STAGE COACH PARK Drawing #112436-1-1 Mat. Total: 1 -#154884A Single Post CoolTopper 12'x12' W/Custom attachment 8-#138009 Playshaper post caps w/rivets 1-#101219 Touch up paint@$13.00 1-#101260 Primer Mat. Total: Tax 7.75%: Installation: Freight (Common Carrier or Truckload): Delvd. Total: NOTE: Please check quantities and make sure they match your take off. Customer is responsible for unloading truck & verifying quantities ordered. $ 140.00 $ 26.00 $ 9.00 $3,850.00 $3,820.00 $ 250.00 $ 13.00 $ 9.00 $ 7,942.00 $ 615.51 Not Included. $ 2,575.00 $ 11,132.51 NAME: ___________ QUOTE PREPARED BY: GREGG ROGERS/LA DATE: ___________ _ SHIP TO ADDRESS: BILL TO ADDRESS: Laguna Riviera City of Carlsbad January 4. 2018 FOR A BETTER TOMORROW Proudly presented by: WE PLAY TODAY Gregg Rogers shapedbyplay.com POST CAPS SCU!IIIID t,,: ; 10' i Laguna Riviera Park City ot Carlabad Coast Recreation, Inc. Gregg Rogers PlciyBooster® <S-12 yecirs) Sl'SIDl'M'E, PlayBooster _,, 110897-1-2 'NSPIM,.._aM_.11 ..... ..., ... 12 .... LIU!ll---mJUIL ----~---______ ,__ ------_____ ,_ ==-=----.=-: .... ·~-=:... _ ........ -.. -==-~~-=--:.. __ 1111'. __ ....... OOiDED BT: ,a ----IIC. _____ ..... __ ---. ..._._._ ........... 11ca,-1-1 IIS -· Stage Coach Carlsbad, CA February 21, 2018 al only. •custom product m anufac:luring time for lhi• project will be approximately 4 weeks from Ille tim e of LSI order aa:eptance. ~201 8 Lands FOR A BETTER TOMORROW Proudly presented by: WE PLAY TODAY Gregg Rogers shaped b yplay.com Plo.yBooster®o.nd Plo.ySho.per~ <2-5 yeo.rs) Mo.x Fall Height, 48 Inches SCIIE!INl'EEI -O',. s· 10' f------------34'-7"-------------I I I I I I / / ,,,,,,..,,,,..,-------... I i---1 ... 11 ..... 1 I_-<) \ \ \ \ 1111 I ) ') I \ ElastllC / \ = / \ aMD r-----.,, \. -OISl1NQ / :;;i;>\, -w~· WM])~// ___ /, lO ATTIIOI '- COOl.llff(R ' / I / I I I I 24'-10" '--. / ------=-----------------------------'-- 0 .8EllllEl2 0 7 .IIElUllEII • 2 .IIEllllim 2 2 .8EllllEl2 2 manufacturing time: weeks from the Estimated 4 time of LSI order acceptance. Stage Coach Park Cerblbad, CA Coast Recreation, Inc. Gregg Rogers SfflDI...., PlayShaper _., 112436-1-1 J1ii landscape structweS' ........ PLM ...... B _.MAIIM'Cllllll .... ___ PUil -~~----...-...... ----------.---------=-===---~-=.:.. =ii:.~~ aau•ME•a---. -·-------... _, _____ _,_ -==--====-..,.. ,__ ..... ,.,._ --~-----cam' ..:rJ\c·.:=Tr-:.-.:. r ......... vr•w-.. .... ,-.... ,.. .... ""'=727 -- -~ --I/TOIOI ---------------..................... -· TOTLOTP-01 CERTIFICATE OF LIABILITY INSURANCE. DATE c-oo,fYYY) 04/06/2018 .TI-IIS CERTIFICATE IS ISSUED AS.A MATTER OF INFORMATION ONLY AND CONFERS NO RIGKTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMA TlVEl Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE . COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITIJTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the celtf1"lcate holder Is an ADDITIONAL INSURED, the pollcy(lea) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain pollcles may rvqulre an endorsement A statement on this certificate does not confer rf hta to the certlflcate holder In lleu of such endorsem a . INSURED Tot Lot Pros, Inc. 14688 El Molino St Fontana, CA 9~ COVERAGES CERTIFICATE NUMBER: 12203 24066 27847 ~I!: INSURERF: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY. REQUlREMENT; TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'MTH RESPECT TO 'M-!ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,· THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOlh'N MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' rM TYPE OF INSURANCE ~ = POLICY NU!a!ER POI.ICY l!FF POUCYEXP UUJTS . A X C0W.IERCIAL 8ENERAL UABIUTY EACH OCCURRENCE s 1,000,000 ~ =:J ClAJ~ [K] OCCUR X X 00058816-5 04/0&'2018 04/0&12019 ~J9.:~ $ 60,000 ,__ ,__ MED =ct•=~...,...,,.;, s 1,000 ,__ PER"""'•' & An\/'"" l!JRY s 1,000,000 2,000,000 H,_ AGGRrn· LIMIT APL~t PER: GENERAi.A -S- POLICY X ~t& . LOC e><>r\nl JCTS. rv-.ucnc •r.r. s 2,000,000 D11-ER: ( s B . AUT0II08ll..E UASUTY ~~;31NGLE LIMIT s 1,000,000 f--X ANY ALITO =~ X X, BAA66447388 . 04/05/2018 .04/05/2019 ROrllL y I NJ\JRY IPN-oersonr $ f-- ~ONLY BODILY INJURY /Perao::ldeinl\ $ ~ONLY ~ ~~ ~ s s A ~ UAB ~ OCCUR EACH OCCURRENCE s 2,000,000 X EXCl!SS UAB . CLAIMS-MADE !00082586-0 0410512018 04/0612019 ,t>r.>l>t=r.\ATE s \ DE!) I I RETENTION$ Aggregate s 2,000,000 C WORKERS COMPEHSATION I ~fnm: I I ~iH-AND ellPLOYl!RS' LIASII.JTY ANY PROPRJETOR/PARTNERIEXECLITNE Ll X ·-~---·------04/0&'2018 04/0&'2019 1,000,000 E L EACH ACCIDENT s ~i:;4~EXCWDB)? . . N/A 1,000,000 EL DISEASE -EA i=uc, rwi=e s If yes, cle9ct1be under 1,000,000 •-OF " """"" EL Di=•c:i= -e>rv lf'V LIMIT S .,--, DESCRIPTION 01' OPERATlONS /LOCATIONS/~ ~CORD 101, Adclllonal Remuka So-, may be --r more apllCll le raqulradJ , General Liability: Bodily Injury and/or Property mage Liability and/or Personal & Advertlalng Injury 11nd/or Dllmage to Premises Rented to you and/or Medical Payments Combined -Per Occurrence Deductible: $2,SOO I Re: Laguna Riviera Park & Stagecoach Community Park Shade Installation Tha City of Carlsbad Is named ea Additional Insured u 1'811pecta General Liability per attached fonn CG20100704 & CG20370704; Waiver of Subrogation applies to General Liability per attached fonn CG24040509; General Liability Ill Primary/Non-Contributory per attached form AP5031 US041 O; Additional SEE ATTACHED ACORD 101 TE HOLDER City of Carlsbad. 1200 Carfsbad VIiiage Drfve Carlablld, c~ 92008 ACORD 25 (2016103) SHOULD AHY OF 11-IE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. 11-IE EXPIRATioN DATE 11-IEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITI-l 11-IE POUCY PROVISIONS. . @ 1988-2015 ACORD CORPORATION. All rfghts reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TOTLOTP-01 LMERCADO -----------------LOCI: _1 ______ _ ADDITIONAL REMARKS SCHEDULE AO~CY Llcenae f. 0E02 IBuduo & DeFendls Insurance Brokers, LLC EE PAGE 1 EE PAGE 1 ADDmONAL REMARKS THIS ADDmONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TTll..E: Certificate of UabDlty Insurance Description of Operatlons/Locatlons/Vehlcles: l!FFEC1M! DATE: I Page 1 of 1 Insured as respects Auto Llablllty per attached form CG88100113, lncludlng waiver of Subrogation; Auto Llablllty Is Prlmary/Non-Conbibutory per attached form CA00010306; Waiver of Subrogation applles to Workers Compensation per attached form WC990634. Excess Uablllty Is follow form over scheduled pollcles. 30 Day Notice of Cancellation shall be dellvered per pollcy · provisions. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i! Iii COMMERCIAL AUTO cASS 10 0113 THJS ENDOR~EMENT CHANGES THE POLICY. PLEASE.READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies l"5urance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage-afforded by this endorsement, the provisions of the policy apply unless_ rriodlfled by-the endorsement. COVERAGE INDEX SIJl}JECT PR9yts10N NUMBER . ADDITIONAL INSURED BY CONTRACT,,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG-DEPLOYMENT . 12 AMENDED DUTIES IN THE '=VENT OF ACCIDENT, a.AIM, SUIT ORi..OSS fa AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, 'VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD-FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS Qncludlng employee hired auto) 2 EXTENDl=D CANCELLATION cbf\lDITiON 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF-DE'.DUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (fnclucfing employee hired auto and .loss of use) 6 · HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AIJfO COLLISION COVERAGE (WAIVER OF DEDUGTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDmONAL 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 WANER, OF TRANSFER 9F RIGHTS ·OF RECOVER.YAGAJNST OTH!=BS TO US 20 SECTION ti -t.iABII.JTY COVE~GE Is amen(1ed as follqws: 1. BltOAD FORM INSUREP - SECTION II -LIASILTTY COVERAGE, paragraph A.1. -WHO IS AN INSURED Is amended to. lndude the following as an Insured: · d. Any legally incorporated entity o,f which you own mprf.3 than. 50 percent of the voting stock d1Jring ·tt,13 policy penoq. H,owever, "insured" ~ not Include any 0111anization that (1) Is a partnership or Joint venture; or (2) Is an insured under any other automobOe· policy; or . ' . . ) .. (3) Has exhaustaj its Limit of ·lnsuran·ce under i;my either autcim0bi.le policy. P8n¾1·raph d. (2) of this provision does not apply to a policy written to apply speclti~ly In ex~s of this policy. e. Any organ/zatlon _you newly acquire or form! other th_an a partnership qr }9lnt_ ver:rtµre, .of which . you own mor.e than 50 percent of the. voting stock. This autom_atlc coverage is afforc1ed only for 180 days from the date of acquisition or formation. However, c:overage under thJs provision . ,does not apply: · (1) If there l_s slmliar. insurance or a sett-insured retention plan avanable to that organization; ~ 2013 Liberty Mutual Insurance lnclud~ copyrlghtaq material of Insurance Services Office, Inc.,~ ~ permission. CA8810 0113 '· :ii 'II ·I (2) If the Limits of Insurance of any other insurance pollcy have beer:r exhausted; or (3) To "bodily Injury" or "property dEjmage" that occurred before you acquired .Qr formed the organization. · 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE.,palc!graph A.1. -WHO IS AN INSURED Is amended to Include the following as an Insured: f. Any "employee" of yours' wh~.e using a cov~ "auto" you do not own, hire or borrow, but orily ·for acts within the.scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance avallable to any "ernployee•. g. An "employee" of yours whUe operating an "auto" hired or borrowed· under a wrttten contract or agreement In that "employee's" name, with your permission, whlle performing ~utles re- lated to the conduct of your business and within the scope of their employment Insurance provided by this endorsement ls excess over any other insurance available to the "employee". 3. ADDmONAL 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 peraon or organization with respect to the operation, maintenance or use of a covered •auto•, provided · thc!t 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 pub!lc 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" whlcl] ~es place after you executed the written contract or ai:,reement, or the permit ha!, been l~ued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS $ECTION 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 ball bonds (Including bonds for related traffic violations ) required because of an "acqldent" we cover. We do not have·to furni1m these bonds. (4) All reasonable !:lxpenses Incurred by 'the 'insured at our request, lncludrng actual loss of earn- ings ·up to $500 a day because of tlITie off from work. · ~5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the pro~<:ir:i afforded to the employer by the workers ·com~satlon exciusMty rule, or similar protection, the following provision is added: SECTION 11 -LIABILITY, .e~cluslon 8.5. FELLOW EMPLOYEE does not apply If the "bodily injury" results from the use of a covered •auto• you own or hire. SECTION Ill -PH¥SICAL DAMAGE COVERAGE is amended' as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -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 FOlllJ for any •auto" you own, then the Physlcal Damage coverages provided are extended to •autos•: a. You hire, rent or borrow; or O 2013 Liberty Mutual Insurance CA8810 0113 Includes c:opyrlg~ted material of Insurance Services Office, Inc., with its ~Ion. f>age 2 of 7 I l ! t t t' i 'I! -b. Your •employee" hires or rents under a written contract or agreement in -that "employee's· narr\e, 'but only if the damage pccurs whll~ the vehicfe Is being used in the conduct of your business,. subject to the following limit and deductible: A. The most we wlfl pay for "loss" In any one "accident" or "loss" ls'the smallest of: (1) $5o,OOO; or (2) The actual cash value· of the damaged .or stolen property as of the.time of the "loss"; or (3) The cost of fepair1ng · or replacing the d~maged ,or stolen property with other property of like kind arid qllfl)lty, 'minus a deductible. B. The ~edud:ib~ will be ~ual to the la~ deductible applicable to any· owned "auto" for .that coverage. C. SubJecl: to the Umit, deductible • and excess provlsio,ns described !n this provision, we will provide cove~e equal to the broadest coverage appn·cable to any covered "auto" you own. D. Subject to a.maximum of $1,000 per "acclderrt", we will also cqver the actual loss .of-use of the hired "auto•. If it results ·trom an "accident", you are legally Dable and the lessor incurs an actual financial loss. E. This coverage extension. does. npt 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 cy adding the following: --rotal · loss" rrieans a ,ass, in which ~ cost of repairs plus the saJvage value exceeds the actual cash value. 7. TOWING . AND LABOR .S_ECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, ls-amended by the addition al th~ following: We will pay towing and labor costs incurred, up t9 the ilmtts shown ~ow; e~ch time a· c;overed "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 p~ dls_ablement p. For "llght .. trucks~. we will PE!Y up to $50 per disablement "Light trucks" are trucks that have a gross vehicle weight (GW/) Qf 10,000 pounds· or less. · c. For "medium. trucks" , we will pay up to $150 per dls:ablernent. "Medium trucks·· .are tn.(cks that have a gross vehicle. weight (GWJ) cif 10,001 -20,000 pounds. However, the labor must qe performed at the place of disablement 8. PHYSICAL DAMAG~ -ADomo,NAL TRANSPORTATION EXPEN,SE COVERAGE Paragraph A.4.a.,: Coverage Extension of'SECTION Ill -PHYSICAL DAMAGE COVERAGE, is,amend- ed to provide a limit of. $50 per day and a maximum nmtt of $1,50.0 .o 2013Lberty Mutual Insurance CA 88 10 01 ~3 Includes copyrighted material of'lnsurance Services Office, Inc., Vflth. Its permissk)n. Page.a oJ 1 .! j I ! l ! j l l ' ! Iii b B 9. RENT~ REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is aJJl8flded by adding the following: a. We will pay up to $75 per d9Y for rental. relml;>ursement 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 lnC;Urred after the first 24 hours following the "accident" or "I~· to tt:ie . covered •auto.• b. Rental ReinJbursement will be based on the rental of a comparable vehlcl~, which In I many cas9:S may· be substantially less, than $75 per day, and will only be allowed for the period of ~rile It shol,lld take to repair or replace the· vehicle with reasonable speed and slrnnar 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 ~d replace your tools and equipment from the cover8:(I "auto•. cl This coverage does not apply unless you have a business necessity that other •autos" ava~- 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 wHI pay under thjs coverage only that amount of your rental relmburser:nent expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsenient provision, materials and equipment do nElt include "personal effects" as defined In provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a. stolen covered •auto• to you. The maximum amount ~ wOI pay Is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVE.RAGE, is amended by adding 1he following: ff 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, I.Ip 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 -DEFINmONS 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 DEPLOY~ENT SECTION IJI -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS Is amended by adding the fo~ow- Ing: ff you have purchased Comprehensive or Conislon Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to thl;I aoodental discharge of an airbag. Any Insurance we provide shall be excess over any other collectible Insurance or relmqursement by manufacturer's warranty. However, we agree to pay any deductibie applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: C 20,13 Liberty Mutual Insurance CA 88 10 0113 lndudas copyrll;Jhted matarlaJ of Insurance Services Qfflce, Inc., with tis permission. Page 4 of 7 · 1 I j i 'II I Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or t11tnsmits aL,tqlO, visual or data signals, whether or not designed solely for the reproduct.fon of sound, ff the equipment Is permanently insfalled In the covered "auto• at the· time bf the "loss" and su¢':I equipment is des/gnec;I to be solely. operated by use of ·the power from the "auto's· electrlcal system,· in or upon the covered •auto• and physical d~mage coverwes are Provided for" the cover'ed •auto·: or If ttie "loss" occurs solely, to audio, visual or sJata electronic equipment or ac:cesso!i~. used with this equipmen~ ~n ot.r obligation to. pay for, tepair, return or replace damaged or stolen prqperty will ~ reduced by a.$100 deductible. · 14. LOAN /LEASE GAP COVERAGE . A. Paragraph C., LIMIT OF IN~URANCE of SECTION. Ill -PHYSICAL DAMAGE COVERAGE Is amended by adding the following: The mo1?t we will pay for a "total 1oss· to a covered •autou owned by or leased to you In any one "acciqenr is·ttie greater ofthe: 1. Balance due under the 'terms of the ldan or lease to which the damaged covered •auto" is .subject at the time of the "loss" less the· amount of: a. Overdue payments and financial penalties associated, with those. payments as of the date ofthe-"loss", b. Financial penalties imposed under a lease due to high mlleage, ex~e u~ or ab- nonpal wear· and tear, c. Costs for extended warranties, Credit Life Insurance,. HeaJtt,, Accl_dent or Disability · Insurance purchased with the ·loan or lease,· ct Transfer or rollover bal~nces from previous loans or·leases, e. Flhal payment due under a "Balloon Loan", f. · The dot.lar amount of any unrepeired damage whldl QGCUrred prior to the "total loss" of a covered "auto•, g. Security deposits· not refunded by a lessor, h. All refunds payable or paid ·to you as a result -0f the early t9f1Tlinatlon of a lease agreem.ent or as a result of the early. termination of any w~nty or extended ~Ice agre¢ment. on a covered "auto•, I. . Any aroount representing taxes, j. Loan or lease teITl}lnatlon fees; or 2, The actuaf cash value of the damage or stolen property as of the j:lme of the •1oss". An adjustment ·,for depreciation and physk;al condition wlH b!;I_ made In ·determining the actual cash value at·the time of the "loss". This adjustment is not appli~bla in. Texaa; B. ADDITIONAi. CONDm.ONS This coverage appOes only ta the original loan for which · the covered "auto" th_at lncurre~ the loss serves as collateral, or lease written on the covefed •auto~ · tha~ incurred the loss. ' ' C. SECTION V -DEFINTION$ is changed 'by adding the follo,wlng',: As used In ttjls endorsement provision, the following definitions apply: "To.tal loss~ rnear:is a "lo!,s" In· which the cost of ·repairs plus the salvage valoe exceeds the actual. tjlsh valµe. A "balloon loan• fs. one. with perloqlc ~yments that are Insufficient to repay the balance over the term of· the loan, thereby requbing a larg~ flnal pa~rit. CA8810 0113 · o 20131.B>erty Mutual Insurance Includes copyrighted matar1e1 of lnsura'n,c8 Services Office, Inc:, with Its perms~on. Page 5 of 7 I I' ! ! . ,! ! I I l t J I i '15 1s: GLASS REPAIR-WAIVER OF DEDUCTIBLE I Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE Is amended by the additlon of the following: , No deductible applies to glass damage if the glass Is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amend.ad by the addition of the followlng: The deduci!ble does not apply to "loss" caused . by colfisiori to such covered •auto" of the private passenger type or light welght 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; Unoq;upled. 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 th'e deductible shown In the Declarations. This provision does not apply to any "loss" If the covered "auto" Is in the charge of any person 9r organization engaged In the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident; the following applies to pa·ragraph D. Deductible: a. If the applicable Business Auto deductible Is the smaller (or smallest) deductible It will be waived; or b. If the appUcable Business Auto deductible Is not the smaller (or smallest) deductible It will be reduceci 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) deductlbie wfll be waived. · For the purpose of this-endorsement company means any company that Is part of the Liberty Mutual qroup. SECTION IV -BUSINESS AUTO CONDmONS 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 dlsclose any hazards, exposures or rm:rterlal faci!;; existing .as of the inception ·date or renewal date of the Business Auto Coverage Fonn, the coverage affo_rded by this policy will not be prejudiced. However, you must report the und~osed hazard of exposure as soon as practicable after Its discovery, and we have tt,~ right to collect addltlorial premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR.LOSS SECTION· N -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 exeqrtlve officer or the ~employee• designated by the Named Insured to give such notice, If you are a corporation. Cl 201 ;3 Liberty Mutual Insurance CA 88 10 01 13 , Includes cop~ijlted material of lneurarice Sarvlces Office, Inc.·, with Its .pennlsslon. Page 6 of 7 To the extent ·fX>9Slble, notice to us ·should Include: / (1) How, when and where the •accioonr or •1oss, 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 CONDl:rlONS, paragraph A.5., Transfer of Rights _ of Recovery Against Others to Us, ls amended by the addition ofthe followlng: If the l)?rson or organization has waived those rights before an "accident" or ioss•, our rights are waived also. 21. HIRED AVTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDltIONS, parag~ph 8,7., Policy Period, Coverage Territory, Is amended by the addition of the foQowl!tg: f. For ·~utos" hired 30 clays or less, the covarag~ territory Is anywhere in ·the world, proyided that· the: lnsured's responsibility to pay for damages Is_ determined rn 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·sett1ement we agree to. . . This extension of coverage does Rot apply to an •auto" hired, leased, re_nt_ed or borrowed with a driv~r. SECTION V -DEFINITIONS Is amended as follows: 22. BODILY IN_JURY REQEFINED Under $ECTION V -DEFINTIONS, definition C. ·ts replaced by the followicm: ·Bodlly Injury" means physical injury, sickness 6r d!sea$8 sustained by a person, including mental i';; anguish, mental injury, shock, fright or death resulting fi:oin any qf these at any'time. COMMl!,f_ON POLICY CONDm_ONS ·23. EXTENDED .CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fql- lows: If we ~I for !3ny reason other than nonpayment of premium, we wm mall to th~ first .Nam'ed Insured written notipe of cancellation · at least 60 days before .the effective date of canceilation. · This provision does not apply 'In those states which require, more than 60 days pr1&" notice-of cancella-- tlon. CA 88 10 01 13 e 2013 Liberty Mutual Insurance . Includes cop~led materfal of Insurance Services Office, Inc., YJlth ~ ~lss/on. Page 7 of 7 I l I ·1 5. Other Insurance a. For-any covered "auto• you own, this Coverage Form provides primary Insurance. For any C!)V8l"0d "auto• you don't own, the insurance pro- vided by this Coverage Form Is e_x- cess over any other collectible insurance. HOYl8\18f, while _a covered •auto" which Is a "trailer-'Is con- nected to another vehicle, the Liabil- ity Coverage this Coverage Form provides for the "trailer-is: (1) Excess while It Is connected to a motor vehicle you do not OYfTI. (2) Primary while it is connected to a cover:ed "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto• you l~se. hire, rent or borrow Is deemed to be a covered •auto• you own. However, any •auto" thaj: Is l'*!sed, hired, rented or borrowed with a driver is not a covered "auto•. c. Regardless of the provisions of Para- g~ph a. above, this Coverage Form's Llabnlty Coverage is primary for any iiablllty assumed under an "insured contract". · d. When thls Coverage Form and any other Coverage Form or policy cov- ers on the same basis, either excess or primary, we will pay only our share. Our share ls the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Fonns and policies covering on the same basis. 6. .Premium Audit a. The estimated premium for this Cov- ~rage Form is based on the expo- sures you told us you WOUid, have wt:ien th~JS policy began. We wlll compute the ·final premium ,dl,18 when we deitermlne your actual ex- posures: The _estlm_cjted total premi- um will be credited against the final premium due and the first Named Insured will be bUled for the balance, if any. if the estimated total premfum exceeds the final premium d1.1e, the first Named Insured will get ,a re- fund. b. If this policy Is Issued for more than one year, the premium for this Cov- erage Form will be computed,, annu- aUy based on our rates-or premiums In effect at the beginning of each year of the policy. 7. Pi:>llcy Period, Coverage Ten1tory Under this Coverage Form, we cover "ac- cidents• and ·"Jos'ses• oqctJrrlng: · a During the policy period shown in the Declarations; and b. Within the covera'ge territory. The coverage ten1fory ts:: a. The United States of America; b. The · territories and possessions of the United: States of America; c. Puerto Rico; d. Canada; and e. Anyymere· in the world If: ,,(1) A covered "auto• of .th;e-private passenger type Is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) Th~ ·~nsured'~· ~bUlty to pay damages ~ d.etermlned in a "suit" on the. merits, In the Unit- ed States of America, the ter- ritories and po~ of the United States of America, PL!erto Rico, or Canada or in a · settle- ment we agree to. We also cqver ·1oss~ to, or •accidents". Involving, a covered "auto" while being transported between any of these places. 8. Two Or· More Coverage Forms Or Poli- cies Issued By Us If thls Coverage Form and any pttier Cov- erage 'Form or policy lss.ued to you by us or any company affiliated with us apply to the same •accident", the aggregate maximum Limit of Insurance under all the Coverage Fo.rms or policies shall not exceed the highest applicable Limit of Insurance under any one Q:,verage Form or pqlicy, This condition does not apply to any Coverage Form. or policy ~ued by us or an affiliated company specifi- cally to apply as excess Insurance over this Coverage Form. CAOO 010306 @1s0 Properties, Inc., 2005 Page 10 of 13 POLICY NUMBER: 000588165 COMMERCIAL GENERAL LIABILITY CG 24 040609 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: When required by written contract [ 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 1 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 0405 09 ~ Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: 000588165 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT QHANGES 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 Addltlonal Insured Person(s) Or Oraanization(s): Locatlon(s) Of Covered Ooeratlons When required by written contract All operations as per written contract 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 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(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to ''bodily injury'' or "property damage" occurring after: 1. All work, including materials, parts or equip-ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of ''your work" out of which the injury or damage arises has been put to its in-tended use by any person or organization other than another contractor or subcontractor en-gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 00058816-5 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITJONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS I This endorsement modifies insurance provided under the following: r COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All operations of insured as per written contract Locatlon(s) Of Covered Operations All operation of insured as per written contract 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 -damage" caused, in whole or in part, by ''your work'' at the locatjon designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard.· CG 20 37 07 04 Copyright, ISO Properties, Inc,, 2004 Page 1 of 1 Policy#: 00058816-5 THIS ENDORSEPwENT CHANGES 11-tE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement moclifies insurance provided under the following: AU. COVERAGE PARTS Name Of Addltlonel Insured Person(s) Or OrQenlzatlon(s): VVhere required by written contract or agreement. I I If no entry appears above, this endorsement applies to all Addttional Insureds covered under this oolicv. Arry coverage provided to an Additional Insured t.nder this policy shall be excess rNer any other valid and collectible insurance available to such Adcfrtlonal Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement spec/fically requires that this insurance apply on a primary and noncontributory basis. ALL O11-tER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. '- AP5031 US 04-10 Page 1 of 1 { WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OlR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET ~990634 (Ed. 8-00) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional prerrium for this endorsement shall be 3 % of the total California Workers' CorTl)Snsa:ion prerrium otherwise due. Person or Organization ANY PERSON/ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT Schedule Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is cttached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the polcy.) Endorsement Effective 04/05/2018 Policy No. WSA 5040698 00 Insured TOT LOT PROS INC Insurance Cofll)any INSURANCE COMPANY OF THE WEST Endorsement No. Prerrium $ INCL. Countersigned By _____________ _ ~990634 (Ed 8-00) IN9JR8:l