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HomeMy WebLinkAboutUSA Shade and Fabric Structures; 2021-06-28; PKRC21-0512Tracking #: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PINE AVE COMMUNITY PARK; SHADE SAIL REPLACEMENT; CONT. NO. PKRC21-0512 This agreement is made on the day of U .Y 2 _, , 202, by the City of Carlsbad, California, a municipal corporation, (hereina ter called "City"), and USA Shade & Fabric Structures whose principal place of business is 1085 N. Main Street, Suite C, Orange, CA 92867 (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: Temujin Matsubara (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. PINE AVE COMMUNITY PARK; SHADE SAIL REPLACEMENT; CONT. NO. PKRC21-0512 Page 1 of 6 City Attorney Approved 1/22/2020 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 suIçontractor from participating in contract bidding. Signature: Print Name: 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. PINE AVE COMMUNITY PARK; SHADE SAIL REPLACEMENT; CONT. NO. PKRC21-0512 Page 2 of 6 City Attorney Approved 1/22/2020 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 60 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 10 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. USA Shade & Fabric Structures (name of Contractor) 989458 (Contractor's license number) B — 12/31/2021 (license class, and exp. date) 1000003533 (D IR registration number) 6/30/2021 (DI R registration exp. date) 1085 N. Main Street, Suite C (street address) Orange, CA 92867 (city/state/zip) 619-616-8272 (telephone no.) N/A (fax no.) ppublico@usa-shade.com (e-mail address) PINE AVE COMMUNITY PARK; SHADE SAIL REPLACEMENT; CONT. NO. PKRC21-0512 Page 3 of 6 City Attorney Approved 1/22/2020 \Art By: By: plivra 661 (print name/title) (sign here) sign here) ARBARA ENGL SON City Clerk '4..,A-ZZP7)744121 ,(A.t. By: A-N ark Recreation Director ATTEST: APPROVED AS TO FORM: CELIA A. AU BY: De uty c. Attorney Tracking #: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California print na e/title) etn , 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, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. PINE AVE COMMUNITY PARK; SHADE SAIL REPLACEMENT; CONT. NO. PKRC21-0512 Page 4 of 6 City Attorney Approved 1/22/2020 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract \ \ I ov‘ t / Total % Subcontracted: PINE AVE COMMUNITY PARK; SHADE SAIL REPLACEMENT; CONT. NO. PKRC21-0512 Page 5 of 6 City Attorney Approved 1/22/2020 Tracking #: EXHIBIT B SCOPE OF WORK Location: Picnic area near blockhouse restroom: •Remove two (2) existing shade sails and replace with new shade sails •Fabric color: Desert Sand •Cost: $13,687.25 Location: Band shell area: •Remove existing one (1) existing shade sail and replace with new shade sail •Fabric color: Desert Sand •Cost: $8,659.80 The contractor will be responsible for the following: •Removal and disposal of old fabric and hardware •Protecting existing turf and planters from use of equipment (scissor lift, truck, etc.) o Provide plywood or equal material to lay under equipment •Provide traffic control to protect and safeguard park users from entering work zone o Use caution tape, cones, delineators, etc. Exclusion: •The contractor will not be responsible for any damages incurred by unmarked service lines (irrigation mainlines, lateral pipes, wires, etc.). City staff will repair all damages incurred during the project that have not been marked by means of paint, feathers, flags, etc. Total cost not to exceed: $22,347.05 PINE AVE COMMUNITY PARK; SHADE SAIL REPLACEMENT; CONT. NO. PKRC21-0512 Page 6 of 6 City Attorney Approved 1/22/2020 NOTARIAL ACKNOWLEDGEMENT State of Texas County of Dallas \(finn P06110 Notary Public of Dallas County, in the State of Texas do hereby certify that ett/1-4 Cti of USA SHADE & Fabric Structures is personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he/she signed, sealed and delivered said instrument, for and on behalf of Shade Structures, Inc., for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Dallas in said County, this l day of Mbili , A.D. 2021 . 4.4R KAREN PORTILLO C--• Notary ID #132583364 My Commission Expires T)Le„ July 23, 2024 iww.e..wwwq k Not y ublic's SiAnature in and for the State of Texas (Notary Seal) 310817h 4,1074 Commission Expires NOTARIAL ACKNOWLEDGEMENT State of Texas County of Dallas I, \AYVA 514 110 Notary Public of Dallas County, in the State of Texas do hereby certify that Vi rg 1111 MiArbluti), of USA SIIADE 86 Fabric Structures is personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he/she signed, sealed and delivered said instrument, for and on behalf of Shade Structures, Inc., for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Dallas in said County, this W .14 day of 11,4, A.D. 2021 KAREN PORTILLO ,* Notary ID Nt32583364 •K_:_y My Commission Expires '1'1'0047 July 23, 2024 Not Public's ignature in and for the State of Texas (Notary Seal) a Ur61 Commission Expires 570087376980 Certificate No --- - 1 0 Al...CPRE:, CERTIFICATE OF LIABILITY INSURANCE kft------ DATE(MMIDDIYTYY) 05/2012021 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). PRODUCER Aon Risk services central, Inc. St. Louis mo office 4220 Duncan Avenue Suite 401 St Louis MO 63110 USA CONTACT NAME: PHONE (860 283-7122 FAX (800) 363-0105 (A(C. No. Ext): (NC. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Shade Structures, Inc. DBA USA SHADE & FABRIC STRUCTURES 2580 Esters Blvd.,, Suite 100 DFW Airport, Tx 75261 USA INSURER A: James River Insurance Company 12203 INSURER B: Pennsylvania Manufacturers' Assoc Ins Co 12262 INSURER C: INSURER D: INSURER E: INSURER F: ERTIFICATE NUMBER: 570087376980 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUER VVVD POUCY NUMBER POLICY EFF (NINVDDPiriY) POLICY EXP (MM/DDNYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 000959651 10/01/2020 10/01/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE To HEM EL) PREMISES (Ea occurrence) $300,000 X XCU not excl MED EXP (Any ore person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 —1 PRO- policy x LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 OTHER: Deductible S25,000 B AUTOMOBILE LIABILITY Y Y 152000 0652321 10/01/2020 10/01/2021 CO?,4BINED SINGLE LIMIT (Ee accident) $1,000,000 _ X ANY AUTO BODILY INJURY ( Per person) _ OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) X AUTOS ONLY HIRED AUTOS ONLY x NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) Collision Deductible $1,000 A _ UMBRELLA UAB X OCCUR 000860432 10/01/202010/01/2021 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE Excess Liability AGGREGATE $5,000,000 DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V/ N Y 2020750652321 10/01/2020 10 01/2021 x PER STATUTE 0TH-ER ANY PROPRIETOR/PARTNER / EXECUTIVE OFFICER:MEMBER EXCLUDED? „, " N / A E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) It describe under yes, EL. DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS) VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space is required) The per location aggregate is subject to a policy cap of $10,000,000. RE: Pine Ave. Community Park, shade sal Replacement, Cont. No. PKRC21-0512. The General Liability (ongoing & Completed Operations) and Automobile Liability Policies include a blanket Additional Insured endorsement in favor of City of Carlsbad that provides this feature only when there is a written contract with the Named Insured that requires such status. General Liability policy is Primary and Non-Contributory. The General Liability, Automobile Liability and Workers' Compensation policies include a blanket Waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured that requires such status. Umbrella policy is follow form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad AUTHORIZED REPRESENTATIVE 1085 N. Main street, Suite C Orange CA 92867 USA 4ive Woaixa_e_ffoaa ©1888-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Holder Identifier : All AGENCY CUSTOMER ID: 570000052633 LOC #: "et"QI2G• ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Central, Inc. NAMED INSURED Shade Structures, Inc. POLICY NUMBER See Certificate Number: 570087376980 CARRIER See Certi fi cate Number: 570087376980 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to thc corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADM DISD SUBR WM POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (NEVIJDD/YYTY) LIMITS AUTOMOBILE LIABILITY B Y Y 152000 0652321 10/01/2020 10/01/2021 Comgrehensiv e Deduct $1,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000052633 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Central, Inc. NAMED INSURED Shade Structures, Inc. POLICY NUMBER See Certificate Number: 570087376980 CARRIER See Certificate Number: 570087376980 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Companies Affording coverage LINE OF BUSINESS DESCRIPTION POLICY NUMBER POLICY EFFECTIVE DATE 00711/01VYYVY) POLICY EXPIRATION DATE (MNVODNIWY) COMPANY NA IC PRIMARY OM FLAG PERCENTAGE OF RISE Excess Liability Coverage 000860432 10/1/2020 10/1/2021 James River Insurance Company 12203 Y 100 General Liability Coverage 000959651 10/1/2020 10/1/2021 James River Insurance Company 12203 Y 100 Business Auto Coverage 152000 0652321 10/1/2020 10/1/2021 Pennsylvania Manufacturers' Assoc Ins Co 12262 Y 100 Workers Compensation 2020750652321 10/1/2020 10/1/2021 Pennsylvania Manufacturers' Assoc Ins Co 12262 N., 100 - The subscribing insurers, obligations under contracts of insurance to which they subscribe are several and not joint anu are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations. ACORD 101 (2008101) CD 2008 ACORD CORPORAT1ON. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00095965-1 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED 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): Where required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section ll — 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. 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 afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following 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 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 00095965-1 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily 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 afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following 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 operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 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. Page 2 of 2 @ Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 00095965-1 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Where required by written contract or written agreement All operations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily 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". 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 afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following 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 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 00095965-1 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: 00095965-1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031US 04-10 Page 1 of 1 POLICY NUMBER: 00095965-1 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 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: Where required by written contract or written agreement 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 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 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: 00095965-1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER LOCATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION III — LIMITS OF INSURANCE - The General Aggregate Limit applies separately to each "Location" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Location" of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Location" 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. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5011US 12-03 Page 1 of 1 POLICY NUMBER: 00095965-1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS COMBINED LIABILITY POLICY SECTION III — LIMITS OF INSURANCE - The General Aggregate Limit applies separately to each "Project" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple "locations" under one contract are not separate "projects" within the meaning of this coverage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5012US 12-03 Page 1 of 1 POLICY NUMBER: 152000 0652321 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to .the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 INSURED COPY POLICY NUMBER: 152000 0652321 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AGENT POLICY NUMBER: 152000 0652321 COMMERCIAL AUTO PCA 05 04 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF RECOVERY RIGHTS This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery that we may have against the person or organization shown in the SCHEDULE because of payments we make for injury or damage arising out of the operation of an insured "auto", but such waiver is only effective if the Named Insured has entered into a written contract or agreement with that person or organization, if such contract or agreement is made and dated prior to the injury or loss, and if such written contract or agreement requires a waiver of recovery rights. This waiver applies only to the person or organization shown in the SCHEDULE below. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT. PCA 05 04 04 14 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission The PMA Insurance Group, 2014 INSURED COPY POLICY NUMBER: 202075 0652321 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE DATE OF LOSS, 1983 National Council on Compensation Insurance. INSURED COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITION - CANCELLATION AND NON RENEWAL NOTICE TO SCHEDULED THIRD PARTY The following is added to the CANCELLATION AND NON-RENEWAL condition of this policy: If we decide to cancel the policy during the policy period or non-renew this policy, we will send written notice of cancellation or non-renewal to the person or organization shown in the Schedule below at the address shown below. If the policy is being cancelled for non-payment of premium to us, the cancellation notice will be mailed at least 10 days before the effective date of the cancellation. If we decide to cancel the policy during the policy period or non-renew the policy, for reasons other than non-payment of premium, the notice will be mailed at least 30 days before the effective date of the cancellation or non-renewal. If notice is mailed, proof of mailing will be sufficient proof of notice. This endorsement does not apply when there are instructions to cancel the policy by a premium finance company, which is a cancellation by the insured. SCHEDULE City Of Carlsbad 1085 N. Main Street, Suite C Orange, CA 92867 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP1016US 01-17 Page 1 of 1 Policy Number 152000 0652321 ENDORSEMENT PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY Named Insured PLAYPOWER, INC. Effective Date: 10-01-20 12:01 A.M., Standard Time AgentName AON RISK SERVICES CENTRAL INC. Agent No. 2134 NOTICE OF CANCELLATION — OTHER (CONT) CITY OF CARLSBAD 1085 N. MAIN STREET, SUITE C ORANGE, CA 92867 MAN-CO (10/01) INSURED COPY Policy Number 202075 0652321 ENDORSEMENT PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY Named Insured PLAYPOWER, INC. Effective Date: 10-01-20 Agent No. 2134 12:01 A.M., Standard Time Agent Name AON RISK SERVICES CENTRAL INC. NOTICE OF CANCELLATION—OTHER WC990699 SCHEDULE CITY OF CARLSBAD 1085 N. MAIN STREET, SUITE C ORANGE, CA 92867 MAN-WK (01/87) INSURED COPY