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Charles Doherty Concrete; 2021-03-10; PWM21-1402FAC
BARBARA ENGLESON City Clerk _r) DocuSig .;relk s BFCDBDD4-6E29-4759-A427-76FACFD4897A DOC# 2021-0365766 111111 1111,1111 liii 1111 IJI 11111 FOIl 11111 11111 liii 11111 110 1111 May 12, 2021 03:56 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: PAGES: 2 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: 760-186-71-00 NOTICE OF COMPLETION Notice is hereby given that: 1.The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2.The full names of the undersigned are City of Carlsbad, a municipal corporation. 3.The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4.The nature of the title of the undersigned is: In fee. 5.A work or improvement on the property hereinafter described was completed o Apr. 23, 2021. 6.The name of the contractor for such work or improvement is Charles Doherty Concrete. 7.The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM21-1402FAC, Project Name: Elmwood Sculpture Garden Concrete Sidewalk Replacement. 8 The street address of said property is 2955 Elmwood Street, Carlsbad, CA 92008, in the City of Carlsbad. Cry OF ARLSBAD ( Geoff Patnoe, Assistant City Manager VERIFICATION OF CITY CLERK !, the undersigned, say: I am the City Clerk of the City of CarlAad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on , 20 accepted the above described work as completed and ordered that a Najce of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (--) 0/\"., 20.?1 at Carlsbad, California. CITY OF CARLSBAD Q:1Public Works1General ServiceslAgreements & ContractalCharles Doherty ConcretelElmwood Sculpture Garden Concrete Sidewalk Replacement - PWM21- 1402FAC15. NOC\2.NOC - Elmwood Sculpture Garden Concrete Sidewalk Replacement - PWM21-1402FAC.docx DocuSigr 0: BFCDBDD4-6E29-4759-A427-76FACFD4897A CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Charles Doherty Concrete has completed the contract work required for PWM21-1402FAC - Elmwood Sculpture Garden Concrete Sidewalk Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Remove and replace concrete sidewalk. $7,414 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 4/27/2021 John Maasho, Public Works Manager Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. r • APPROVED AS TO FORM: CELIA BREWER, City Attorney By: Assistant City Attorney CMPublic WorksIGeneral ServiceslAgreements & ContractslCharles Doherty Concrele%Elmwood Sculpture Garden Concrete Sidewalk Replacement - PWM21-1402FAC15. NOC13.API Elrnwood Sculpture Garden Concrete Sidewalk Replacement - PWM21-1402FAC.docx `I- ( Geoff Patnoe, Assistant City Manager Date CONTRACT CHANGE ORDER NO. 1 PROJECT: Elmwood Sculpture Garden Concrete Sidewalk Replacement CONTRACT NO. PWM21-1402FAC P.O. NO. P139685 CONTRACTOR: Charles Doherty Concrete ADDRESS: 2850 Industry Street Oceanside, CA 92054 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1 : Provide all labor, equipment and materials necessary to remove and replace an additional 235 square feet of concrete sidewalk shown on Exhibit “A” at $10.00 per square foot. Remove and recycle concrete, grub roots, prepare subgrade, pour and finish with integral san diego buff color. Total cost not to exceed……….…………………………….…..…………………$2,350.00 TOTAL INCREASE TO CONTRACT COST………………………….…………………$2,350.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: ___________ ____________ PROJECT MANAGER (DATE) CONTRACTOR (DATE) _________________________________ ENGINEERING MANAGER (DATE) DEPUTY CITY MANAGER (DATE) APPROVED AS TO FORM: _____________________________ CITY ATTORNEY (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR 4/19/2021 DocuSign Envelope ID: 8AAB7BA9-0331-40DA-823B-113B125CFE10 4/19/2021 4/19/2021 4/19/2021 4/19/2021 EXHIBIT “A” CHANGE ORDER 1 PWM21-1402FAC Area 1: 73.5 SF Area 2: 126.5 SF Area 3: 35 SF DocuSign Envelope ID: 8AAB7BA9-0331-40DA-823B-113B125CFE10 PWM21-1402FAC Elmwood Sculpture Garden Concrete Sidewalk Replacement Page 1 of 9 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ELMWOOD SCULPTURE GARDEN CONCRETE SIDEWALK REPLACEMENT This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Charles Doherty Concrete, a sole proprietorship whose principal place of business is 2850 Industry Street, Oceanside, CA 92054 (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: Ron Haugland (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A March10th PWM21-1402FAC Elmwood Sculpture Garden Concrete Sidewalk Replacement Page 2 of 9 City Attorney Approved 1/20/2020 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: _____Charles Doherty_________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A PWM21-1402FAC Elmwood Sculpture Garden Concrete Sidewalk Replacement Page 3 of 9 City Attorney Approved 1/20/2020 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Charles Doherty Concrete 2850 Industry Street (name of Contractor) 707928 (street address) Oceanside, CA 92054 (Contractor’s license number) C-8, A, C-13 6/30/21 (city/state/zip) 760-535-9295 (license class. and exp. date) 1000019050 (telephone no.) N/A (DIR registration number) 6/30/21 (fax no.) cwdoherty@cox.net (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A PWM21-1402FAC Elmwood Sculpture Garden Concrete Sidewalk Replacement Page 4 of 9 City Attorney Approved 1/20/2020 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 CHARLES DOHERTY CONCRETE, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Charles Doherty, Owner Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A PWM21-1402FAC Elmwood Sculpture Garden Concrete Sidewalk Replacement Page 5 of 9 City Attorney Approved 1/20/2020 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract None Total % Subcontracted: ______N/A_________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A PWM21-1402FAC Elmwood Sculpture Garden Concrete Sidewalk Replacement Page 6 of 9 City Attorney Approved 1/20/2020 EXHIBIT B Elmwood Sculpture Garden Concrete Sidewalk Replacement Contractor to provide all tools, materials and labor to remove and replace existing sidewalk and add new sidewalk in the Elmwood Sculpture Garden located at 2955 Elmwood Street, Carlsbad, CA 92008. Scope of Work shall consist of all items mentioned in the contractor’s proposal dated January 7, 2021 included as Exhibit C. Contractor shall place all new concrete such that it matches the color and finish texture of the existing concrete. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Remove and Replace Concrete Sidewalk $5,064 TOTAL* $5,064 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A PWM21-1402FAC Elmwood Sculpture Garden Concrete Rehabilitation Page 7 of 9 EXHIBIT C Estimate and Site Map DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A PWM21-1402FAC Elmwood Sculpture Garden Concrete Rehabilitation Page 8 of 9 DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A PWM21-1402FAC Elmwood Sculpture Garden Concrete Rehabilitation Page 9 of 9 DocuSign Envelope ID: E900EF1A-C812-4A27-842F-651B0080254A ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/22/2021 License # 0757776 (760) 707-5659 (760) 804-0942 24856 Charles Doherty Concrete 1302 Crestridge Dr. Oceanside, CA 92054 25674 A 1,000,000 X X CA000024840-05 7/15/2020 7/15/2021 300,000 Per Project Agg.5,000 1,000,000 2,000,000 2,000,000 5,000,000A X GX000002429-02 7/15/2020 7/15/2021 5,000,000 B Equipment Floater QT-660-2J005245-TIL-21 2/9/2021 Flood 340,677 B Covered Property QT-660-2J005245-TIL-21 2/9/2021 2/9/2022 Earth Movement 340,677 The City of Carlsbad is named as Additional Insured with respect to General Liability per form CG2012 0413 & CG2037 0413.Insurance is Primary and Non-contributory. Waiver of subrogation applies for General Liability. **30 day notice of cancellation/10 day notice of nonpayment of premium City of Carlsbad/CMWD C/O EXIGIS Insurance Compiance Services PO Box 947 Murrieta, CA 92564 CHARDOH-01 JGRAESSLE Carlsbad, CA-HUB International Insurance Services Inc. 1525 Faraday Avenue Suite 200 Carlsbad, CA 92008 Julie Graessle julie.graessle@hubinternational.com Admiral Insurance Company Travelers Property Casualty Company of America Gen Aggregate 2/9/2022 X X X X X CG 20 37 04 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Policy Number: CA000024840-05 CG 20 37 04 13 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Carlsbad/CMWD C/O EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 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 organiza- tion(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 location designated and described in the Schedule of this endorsement performed for that additional insured and included in the “products-completed operations hazard”. City of Carlsbad/CMWD C/O EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 CG 20 37 04 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance af- forded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Policy Number: CA000024840-05 Issued Date: 07/15-20 CG 20 12 04 13 Effective Date: 0715/20 CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page I of I D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A.Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1.This insurance applies only with respect to operations performed by you or on your behalf for which the state orgovernmental agency or subdivision or political subdivision has issued a permit or authorization. However: a.The insurance afforded to such additional insured only applies to the extent permitted by law; and b.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2.This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b."Bodily injury" or "property damage" included within the "products-completed operations hazard". B.With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Carlsbad/CMWD C/O EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 34 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: CA000024840-05 CG 20 34 04 13 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT – AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Section II – Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and suchperson(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured onlywith respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organi-zation(s). However, the insurance afforded to such additional in- sured: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are requiredby the contract or agreement to provide for such ad- ditional insured. A person’s or organization’s status as an additional in- sured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B.With respect to the insurance afforded to these addi- tional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C.With respect to the insurance afforded to these addi- tional insureds, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional in-sured is the amount of insurance: 1.Required by the contract or agreement you have entered into with the additional insured; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Lim- its of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Policy Number: CA000024840-05 CG 20 37 04 13 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION THAT IS AN OWNER OF REAL PROPERTY OR PERSONAL PROPERTY FOR WHOM YOU WORK OR HAVE WORKED, OR A CONTRACTOR ON WHOSE BEHALF YOU WORK OR HAVE WORKED, BUT ONLY IF COVERAGE AS AN ADDITIONAL INSURED EXTENDING TO "BODILY INJURY" OR "PROPERTY DAMAGE" INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD" IS REQUIRED BY A WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT IS AN "INSURED CONTRACT" AND PROVIDED THAT THE "BODILY INJURY" OR "PROPERTY DAMAGE" FIRST OCCURS SUBSEQUENT TO THE EXECUTION OF THE CONTRACT OR AGREEMENT. ALL LOCATIONS EXCEPT LOCATIONS WHERE "YOUR WORK" IS OR WAS RELATED TO A JOB OR PROJECT INVOLVING SINGLE-FAMILY DWELLINGS, MULTI- FAMILY DWELLINGS (OTHER THAN RENTAL APARTMENTS IN AN APARTMENT BUILDING: (A) ORIGINALLY CONSTRUCTED AND AT ALL TIMES USED FOR SUCH PURPOSE, OR (B) CONVERTED FROM A COMMERCIAL BUILDING), CONDOMINIUMS, TOWNHOMES, TOWNHOUSES, TIME-SHARE UNITS, FRACTIONAL-OWNERSHIP UNITS, COOPERATIVES AND/OR ANY OTHER STRUCTURE OR SPACE USED OR INTENDED TO BE USED AS A RESIDENCE. 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 organiza- tion(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 location 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 04 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance af- forded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Policy Number: CA000024840-05 CG 20 11 04 13 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): ALL PREMISES LEASED TO YOU AND COVERED BY THIS INSURANCE. Name Of Person(s) Or Organization(s) (Additional Insured): ANY PERSON OR ORGANIZATION THAT IS A MANAGER OR LESSOR OF REAL PROPERTY, BUT ONLY IF COVERAGE AS AN ADDITIONAL INSURED IS REQUIRED BY A WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT IS AN “INSURED CONTRACT”, AND PROVIDED THE “BODILY INJURY” OR “PROPERTY DAMAGE” FIRST OCCURS, OR THE “PERSONAL AND ADVERTISING INJURY” OFFENSE IS FIRST COMMITTED, SUBSEQUENT TO THE EXECUTION OF THE CON- TRACT OR AGREEMENT. Additional Premium: $ INCLUDED 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 organiza- tion(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following addi- tional exclusions: CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 This insurance does not apply to: 1.Any “occurrence” which takes place after you cease to be a tenant in that premises. 2.Structural alterations, new construction or demolition operations performed by or on behalf of the per- son(s) or organization(s) shown in the Schedule. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance af- forded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Policy Number: CA000024840-05 CG 20 10 04 13 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION THAT IS AN OWNER OR MANAGER OF REAL PROPERTY OR PERSONAL PROPERTY ON WHICH YOU ARE PERFORMING ONGOING OPERATIONS, OR A CONTRACTOR ON WHOSE BEHALF YOU ARE PERFORMING ONGOING OPERATIONS, BUT ONLY IF COVERAGE AS AN ADDITIONAL IN- SURED IS REQUIRED BY A WRITTEN CON-TRACT OR WRITTEN AGREEMENT THAT IS AN “INSURED CONTRACT”, AND PROVIDED THE “BODILY INJURY” OR “PROPERTY DAMAGE” FIRST OCCURS, OR THE “PERSONAL AND AD- VERTISING INJURY” OFFENSE IS FIRST COM- MITTED, SUBSEQUENT TO THE EXECUTION OF THE CONTRACT OR AGREEMENT. ALL LOCATIONS AT WHICH THE NAMED IN- SURED IS PERFORMING ONGOING OPERA-TIONS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(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) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance af- forded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to “bodily injury” or “property damage” occurring after: 1.All work, including materials, parts or equipment 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing oper- ations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. AD 06 57 12 03 Page 1 of 1 Policy Number: CA000024840-05 AD 06 57 12 03 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named of Person or Organization: ANY PERSON OR ORGANIZATION QUALIFYING AS AN ADDITIONAL INSURED UNDER EITHER ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION FORM CG2010 OR ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS FORM CG2037, IF ATTACHED TO AND MADE A PART OF THIS POLICY. It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4.b. and 4.c. do not apply with respect to other valid and collectible Commer- cial General Liability insurance, whether primary or excess, available to the person or organization shown in the Sched-ule and: 1)Who is an insured under an Additional Insured- Owners, Lessees or Contractors endorsement at- tached to this policy; and 2)Who requires by specific written contract that thisinsurance is to be primary and/or non-contributory to other valid and collectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. All other terms and conditions remain unchanged. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 Policy Number: CA000024840-05 CG 24 04 05 09 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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: ANY PERSON OR ORGANIZATION, BUT ONLY IF THE FOLLOWING CONDITIONS ARE MET: A. YOU HAVE EXPRESSLY AGREED TO THE WAIVER IN A WRITTEN CONTRACT ENTERED INTO BY YOU; AND B. THE INJURY OR DAMAGE OCCURS SUBSEQUENT TO THE EXECUTION OF THE 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 the person or organization shown in the Schedule above because of payments we make for injury or damage aris- ing 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.