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Urban Corps of San Diego County; 2018-01-23; PKRC649
Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SOUTHERN PRESERVE FENCE INSTALLATION; CONT. NO. PKRC649 This agreement is made on the .-;?.\. 3 ,..,V day of ~~""-+-+-1-"'-:~"--"'f:.;-..~"'.'"".'""'.-' 20 /?, by the City of Carlsbad, California, a municipal corporation, (hereina er called "City ), d Urban Corps of San Diego County whose principal place of business is 3127 Jefferson Stree , an Diego, CA 9211 O (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: Kasia Trojanowska (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. SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 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 subcontractor from participating in contract bidding. Signature: ~ Print Name: \<'f f e... 'r:::e.M e J./ > C. F 0 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. SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 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 City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 60 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II Urban Corps of San Diego County (name of Contractor) 972059 (Contractor's license number) B, 04/30/2018 (license class. and exp. date) Exempt -California Labor Code 1720.4 (DIR registration number) Exempt (DIR registration exp. date) SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 Page 3 of 8 3127 Jefferson Street (street address) San Diego, CA 92110 (city/state/zip) 619-235-6884 (telephone no.) (fax no.) tsterns@urbancorps.org (e-mail address) City Attorney Approved 9/27/2016 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By:'])~ CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) fAssis , eputy City Manager l) , \ \ 1 _ . I R \ ~ , l _ or Department Director '---ll.V\l e-1 \ "\() \Q..\'f.S it~Qt'q jffi,St(le,'V\ as authorized by the City Manager (print name/tit ) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. 1f__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 r,/.,,.., ____ ~~ BY:~ --:"A,~-;;;:s:;;;is~ta;:;;m~C-;-;:ity-::A'"i.ttttto::;-;r~ne;;;y-;----- ~ SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 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 tv A. Total % Subcontracted: ______ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 Page 5 of 8 City Attorney Approved 9/27/2016 EXHIBIT B SCOPE OF WORK Tracking#: Urban Corps of San Diego County (UCO) will provide all labor, materials, and equipment to install a 3-rail wood fence at Southern Preserve. Services include: • Construct a 1,600 linear foot 3-rail wood post'n'rail fence • Call utility locator (DIG Alert) and mark utilities prior to fence construction • Stake fencing locations • Excavate for post holes • Install fencing posts 1 O' on center in quick setting concrete • Install 3 wood rails in between each post FEE SCHEDULE UCO is labor exempt from State Prevailing Wage per California Labor Code 1720.4. Daily rates are calculated at $25.00 per hour for Corps members and $35.00 per hour for Corps supervisors. ITEM UNIT QTY DESCRIPTION PRICE NO. 1 $250/ 4 days Pre-Construction / Project Closeout $1,000.00 day 2 LS 1 Labor Fee $16,000.00 3 $600/ 2 weeks Equipment Rental -Auger Attachment+ Bit $1,200.00 week 4 LS 1 Material -Fence Posts/ Rails for 1600 Linear Feet of Fencing $9,200.00 5 LS 1 Material -Quikrete Fast-Setting (No. 1004) $1,700.00 SUBTOTAL $29,100.00 6 Contingency -Bond and As-needed Services $2,900.00 TOTAL $32,000.00 Contract amount shall not exceed $32,000 SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 Page 6 of 8 City Attorney Approved 9/27/2016 EXHIBITC LABOR AND MATERIALS BOND Tracking#: Bond No. PB00618100037 Premium:$800.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Urban Corps of San Diego County {hereinafter designated as the "Principal"), a Contract for: SOUTHERN PRESERVE FENCE INSTALLATION CONTRACT NO. PKRC649 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Urban Corps of San Diego County, as Principal, (herernafter designated as the "Contractor"), and Philadelphia Indemnity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-two thousand Dollars ($32,000), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 Page 7 of 8 City Attorney Approved 9/27/2016 Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this } 0 --W\ Executed by SURETY this _4_t_h ____ day day of January ,20~. Philadelphia Indemnity Insurance Company (name oLSurety) 251 S. Lake Avenue, ~u,te 360 Pasadena, CA 91101 (address of Surety) (telephone number of Surety) (signature of AttorneY. · -Fact) James E. Hurst, Jr., Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporatio'ns. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A BREWER City Attornu By: ·½~~ DeplftyCity Attorney SOUTHERN PRESERVE FENCE INSTALLATION CONT. NO. PKRC649 Page 8 of 8 City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE AC£o.!OWLEDGMENT CIVIL CODE§ i189 lA ·~~tary public or othe~oftice;~~~pleti·n· g this certificate venfies only the identity of U,e individual who signed the document to which !his certificate is attached, and not the truthfulness, accuracy, or validity of that document. .. ····-...... ··---~--·-···--· ---·-···-~·--, ___ . -····· .. --·---<-··---_,,_ ___ ,,_. ---· "~-· ·-----~- State of California County of Orange on January 4th, 2018 before ma, Deborah Priest-McGinn Date Here Insert Name and Title of the Officer personally appeared James E. Hurst, Jr. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose nameOO is/~ subscribed to the within instrument and aclmowledged to me that he/s~/t~y executed the same in hisltJ<!rlt~r authorized capacity(ie-,C, and that by his/h~/t~ir signature~ on the instrument the person~, or the entity upon behalf of which'the person($(acted, executed the instrument. "',-__ :...:::.,::_.-....,,:;·.,--=,.·~~.l~:'.;'!Jw-:'\M.~~'-~ ~ , DEBORAH PRIEST-MCGINN .. i~ ~ • Commission # 2119868 ~ ~ i • Notary Public -California ~ z Orange County ~ L • , . eh s0v1! tzris :u2 t\2~ Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha. nd a. nd official seal. ) 3/2 ',, r{Ji1 I '--I) \, ~, . '// Signature ~ '1Jl.J'vl, r)w4f::' ~I .Jvrv"'- Signature of Notary Public ---------------OPTIONAL-------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Slgner{s) Other Tllan Named Above: ___________ _ Capacity(ies} Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ U Corporate Officer -Title(s): ______ _ U Corporate Officer -Title(s): _____ _ 7 Partner -C, Limited CJ General CJ Partner -D limited =:J General 0 Individual O Attorney in Fact C Individual [J Attorney in Fact CJ Trustee iJ Guardian or Conservator C: Trustee O Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMP ANY One Bala Plaza, Suite I 00 Bala Cynwyd, PA 19004-0950 Power of Attorney 73 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Matthew F. Schafnitz and James E. Hurst, Jr. of Acrisure of California, LLC dba Brakke-Schafnitz Insurance Brokers, LLC., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatoty in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Boan! of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th ofNovember, 2016. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney( s) in Fact and authorize the Attorney( s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatoty in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14TH DAY OF NOVEMBER, 2016. (Seal) Robert D. O'Leary Jr, President &CEO Philadelphia Indemnity Insurance Company On this 14tl' day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMP ANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. (Notaty Seal) Notacy Public: residing at: My commission expires: Bala Gynwyd, PA Januaiy 8, 2018 I, Edward Sayago, Corporate Secretaty of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14th day of November, 2016 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leaty Jr, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMP ANY, 'tli -\ In Testimony Whereof! have subscribed my name and affixed the facsimile seal of each Company this~ day of (j, \ILA CLjo jt, &U5~ Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ~- On ! personally appeared WITNESS myh Signature ''This Acknowledgement is attached to --k-\r~~W---./,____\_,~V'v~\.~!~;-~ct'.---=---~~---~~-- (title or tyr 'document), Dated Y IQ , of _2-() __ l_'is _______ _ ~ --~--...__L~_(number) pages, Signed by 1)CO/\\e.\ V\o,0--~e6 (name[s] of other signer[s] if any)". A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On Date Notary Public Yolru-Ja. ~\ Here Insert Name and T~le of the Officer personally appeared 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. under the laws of the St te of California tha the foregoing WITNESS my hand a d Signature "This Acknowledgement is attached to _...,.,___,,._..\-------1-'._,_,'-------'-------"'=-c....><..c~""---1,_,_-~~-t------~ (title or type of document), Dated ~,,_\ --'----'~---' of __,W=----____._l_~---------- Signed by ~ 1-e ~ V\,{-)\.,J (name[s] of other~[s] if any)". f r r G) 4 " DIAMETER ROUND POST WITH BEVELED TOP @ 6" DIAMETER ROUND POST WITH BEVELED TOP @ 3" DIA. ROUND PRESSURE TREATED WOOD RAIL @ 12" DIAMETER CONCRETE FOOTING @ FINISH GRADE NOTES 1. CONTRACTOR SHALL CALL DIG ALERT AND HAVE ALL UTILITIES MARKED PRIOR TO FENCE CONSTRUCTION OPERATIONS 2 DAYS BEFORE DIGGING. CALL DIG ALERT 1-800-422-4133 2. PRIOR TO EXCAVATION OF ANY POST FOOTERS, CONTRACTOR SHALL STAKE FENCING LOCATIONS AND OBTAIN OWNER APPROVAL. 3. POSTS SHALL BE CENTERED IN CONCRETE FOOTING. 4. CROWN ALL CONCRETE FOOTINGS TO SLOPE@2% AWAY FROM POSTS. 5. BOTTOM RAIL SHALL BE MINIMUM 16" CLEAR FROM FINISH GRADE CITY OF CARLSBAD WOOD POST'N'RAIL FENCE Rev, 09/17 UKt:SAN-7 Ut'IU:KV ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-01/04/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~i~cT Keri Vogt Faith Insurance Services rtgNrJo Ext): 949-365-5144 I FAX Brakke Schafnitz Ins. Brokers (A/C, No): 949-313-3288 28202 Cabot Rd. Suite 600 ~il~~ss: keri.voat®sia.us Laguna Niguel, CA 92677 Charles A. Faith INSURER($) AFFORDING COVERAGE NAIC# INSURER A: American States Insurance 19704 INSURED Urban Corps of San Diego INSURER B: General Ins. Co. of America 24732 County INSURERC: PO Box 80156 -·-------- San Diego, CA 92138 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL I»UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE Qg OCCUR DAMAGE TO RENTED X 24CC287662-8 10/25/2017 10/25/2018 PREMISES (Ea occurrence] $ 200,000 X XCU Included MED EXP (Any one person) $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER ! GENERAL AGGREGATE $ 3,000,000 ··7 0 PRO-Qg LOG PRODUCTS. COMP/OP AGG $ 3,000,000 , POLICY , JECT 7 OTHER. . -------------------- $ AUTOMOBILE LIABILITY (E~~~~~~~t?NGLE LIMIT is 1,000,000 B ,X ANYAUTO 24CC32284210 10/25/2017 10/25/2018 BODILY INJURY (Per person) $ ~ ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED Aurns x NBfa~WNED PROPERTY DAMAGE $ (Per accidentl ' X Comp 1,000 I X to111,ooo ·------- I $ X UMBRELLA LIAB I 6,000,000 M OCCUR EACH OCCURRENCE $ -A, EXCESS LIAB CLAIMS-MADE 01SU43636610 10/25/2017 10/25/2018 AGGREGATE $ 6,000,000 I ·----- I OED I I RETENTION$ $ I WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E L EACH ACCIDENT $ I OFFICER/MEMBER EXCLUDED? NIA --------- (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $ B Professional Liab LP77450201 10/25/2017 10/25/2018 Per lncid 1,000,000 i I Aggregate 3,000,000 i / DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Southern Preserve Fence Installation City of Carlsbad, its officers, officials, employees, agents and volunteers are named as additional insured per the attached endorsement CERTIFICATE HOLDER CANCELLATION CARLSB5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Parks & Recreation 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ~vq I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NO. 24-CC-287662-8 --REPRINTED FROM TI-iE ARCHIVE. TI-iE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -- ~, Lihe!:!Y-Mutual. \p'.J INSURANCE COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL INSURED BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph is added to WHO IS AN INSURED (Section II): 4. Any person or organization shown In the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance Is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; {b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an Insured; (2) Your ongoing operations for that In- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of 4 EP AFP-META2-23-PRINT001-0282-0037-V --REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -- (b) This insurance does not apply to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodily Injury", "property damage", or "personal and advertising Injury" arising out of operations performed for the state or municipality. c. The Insurance with respect to any architect, engineer, or surveyor added as an Insured by this endorsement does not apply to "bodily injury", "property damage", or "per- sonal and advertising Injury" arising out of the rendering of or the failure to render any professional services by or for you, Includ- ing: (1) The preparing, approving, or falling to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This Insurance does not apply to "bodily Injury" or "property damage" Included within the "products-completed operations haz- ard". A person's or organization's status as an Insured un- der this endorsement ends when your operations for that Insured are completed. No coverage will be provided If, In the absence of this endorsement, no liability would be Imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage" Involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that Is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" Is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any "Insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily Injury" or "property damage" arising out of: (a) the operation of machinery or equipment that Is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" If It were not subject to a compulsory or financial responsibility law or other motor ve- hicle Insurance law In the state where It Is licensed or principally garaged; or (b) the operation of any of the machin- ery or equipment listed In Paragraph f.(2) or f.(3) of the definition of "mobile equipment". (6) An aircraft you do not own provided It Is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown In the Declarations, Exclusion J. of Coverage A, Section I is replaced by the following: J. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or Page 2 of 4 AFP-META2-23-PRINT001-0282-0038-V --REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -- any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of Injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property In the care, custody or control of the Insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or Indirectly on your behalf are performing operations, if the °'property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "Your work" was Incorrectly performed on It. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, Including the con- tents of such premises, rented to you. A separate limit of Insurance applies to Damage To Prem- ises Rented To You as described in Section Ill -Limits Of Insurance. Paragraph (2) of this exclusion does not apply If the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to llablllty assumed under a side- track agreement. Paragraph (6) of this exclusion does not apply to "property damage" Included In the "products- completed operations hazard". Paragraph 6. of LIMITS OF INSURANCE (Section Ill) Is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit Is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or In the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit Is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO IS AN INSURED -MANAGERS The following Is added to Paragraph 2.a. of WHO IS AN INSURED (Section II): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B -BAIL BONDS -TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1,d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Is replaced by the following: d. All reasonable expenses Incurred by the In- sured at our request to assist us In the In- vestigation or defense of the claim or "Sult", Including actual loss of earnings up to $500 a day because of time off from work. EMPLOYEES AS INSUREDS -HEAL TH CARE SERVICES Provision 2.a.(1)(d) of WHO IS AN INSURED (Section 11) Is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section II) Is replaced by the following: a. Coverage under this provision Is afforded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section I) is replaced by the following: a. "Bodily Injury" or "property damage" expected or Intended from the standpoint of the Insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. CG 76 35 02 07 Page 3 of 4 EP AFP-META2-23-PRINT001-0282·0039-V --REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -- EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion IV): We waive any rights of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of your ongoing operations or "Your work" done under a contract with that person or organization and Included In the "products-completed operations hazard". This waiver applies only to a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE -PER LOCATION For all sums which the Insured becomes legally obll- gated to pay as damages caused by "occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single "location": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion Ill) apply separately to each of your "locations" owned by or rented to you. i.ocatlon" means premises Involving the same or connecting lots, or premises whose connection Is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Sult of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "Occurrence", claim or "Sult" by your agent, servant or employee shall not in Itself constitute knowledge of the named Insured unless an officer of the named Insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following Is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): If you unintentionally fall to disclose any hazards ex- isting at the Inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE The following paragraph Is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the pollcy period in the state shown In the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 AFP-META2-23-PRIWTOOI -D2!12·0040-V CERTIFICATE OF WORKERS' COMPENSATION COVERAGE I DATE Jan3,2018 PRODUCER NonProfits· United Workers' Compensation Group THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 610 Fulton Avenue, Suite 200 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Sacramento, CA 95825 Phone (916) 868-623 1 COVERAGE AFFORDED BY THE POLICIES BELOW. Fax: (916) 880-525 l Arthur J. Gallagher & Co Insurance Brokers of California. Inc 1255 Battery Street #450 INSURERS AFFORDING COVERAGE San Francisco, CA 94111 INSURED INSURER A: NonProfits' United Workers' Compensation Group Urban Corps of San Diego County INSURER B Safety National Casualty Corp [NAIC # 15105] PO Box 80156 San Diego, CA 92138 INSURER C INSURER D INSURER E COVERAGES This Certificate is not intended to specify all endorsements, coverages. terms, conditions and exclusions of the policies shown. THE POLICIES OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE AFFILIATE MEMBER 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 COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY POLICY LTR TYPE OF COVERAGE POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS DATE GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ I CLAIMS MADE I I OCCUR MED EXPENSE (Any one person) $ GENERAL AGGREGATE LIMIT APPLIES PER: PERSONAL & ADV INJURY $ POLICY I I PROJECT I ILOC GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Each accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) $ WORKERS' COMPENSATION I ;i:TUTE I X I OTHER A AND NPU-WCG 001-2018 1/1/18 1/1/19 E L EACH ACCIDENT $500,000 EMPLOYERS LIABILITY E.L. DISEASE -EA EMPLOYEE $ 500,000 E.L DISEASE -COVERAGE LIMIT $ 500,000 OTHER Limit Per Occurrence -Statutory B EXCESS Workers' Compensation SP 4057827 I /1/18 1/1/19 EL Per 0cc & Agg $2,000,000 XS of $500,000 DESCRIPTION OF OPERA TIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAUPROVISIONS Evidence of Workers' Compensation Coverage: Waiver of Subrogation included by Endorsment NPUWCG-URBAN-068 CERTIFICATE HOLDER I CANCELLATION NPUWCG-URBAN-068 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED City of Carlsbad IN ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine A venue Suite 200 Carlsbad, CA 92008 ,~ C -' ATTN. Parks & Recreation <?///7 / .---------- Based on ACORD 25 (2014/01) THIS ENDORSEMENT CHANGES THE MEMORANDUM OF COVERAGE PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US NonProfits' United Workers' Compensation Group Memorandum of Coverage: NPU-WCG 001-2018 This endorsement modifies the coverage provided under the following: Memorandum of Coverage: PART ONE: WORKERS' COMPENSATION COVERAGE Paragraph H. RECOVERY FROM OTHERS is amended with respect to the following: Name and Address of Person or Organization: City of Carlsbad Parks & Recreation 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 DESCRIPTION OF OPERATIONS/LOCATIONS ADDED BY ENDORSEMENT: -The City of Carlsbad, its officers, officials, employees, agents and volunteers. NPU-WCG waives any right of recovery it may have against the person or organization shown above because of payments made by NPU-WCG for injury or damage arising out of the Members' operations done under a contract with that person or organization shown above and included in the coverage provided by the Memorandum of Coverage. This waiver applies only to the person or organization shown on the Schedule Above. This endorsement is part of the Memorandum of Coverage and is effective on the date shown below. All other terms and conditions remain unchanged. Effective Date: Member: Endorsement No: NPU-WCG January 1, 2018 Urban Corps of San Diego County N PUWCG-U RBAN-068 Expiration Date: January 1, 2019 Date Issued: Jan 3, 2018 Authorized Representative for NPU-WCG Page 1 MOC: NPU-WCG 001-2018