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HomeMy WebLinkAboutKL Painting Inc; 2022-10-25; PWM23-1933FACPWM23-1933FAC Teak And Ipe Stain at Dove Library Page 1 of 12 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT TEAK AND IPE STAIN WORK This agreement is made on the day of , 2022, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and KL Painting, Inc., a California corporation whose principal place of business is 2440 Lorna Ln, Carlsbad, CA 92008 (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 Barney Dresman (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. DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC October 25th DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC PVVl'v123-1933FAC 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. 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 fa lse 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 (5) 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: 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 al ien 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 Teak And lpe Stain At Dove Library Page 2 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC PWM23-1933FAC 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 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. 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 fifty-one (51 ) calendar days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within seven hundred twenty (720) calendar days after receipt of Notice to Proceed. Ill Ill Ill Ill Ill Ill Teak And lpe Stain At Dove Library Page 3 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC CONTRACTOR'S INFORMATION. KL Painting, Inc. (name of Contractor) 899963 (Contractor's license number) C-33 1/31/2024 (license class. and exp. date) 1000432715 6/30/2023 (DIR registration number/exp. date) PVVM23-1933FAC .'.J ~ ~ D )_0(2.1\A-"k.n .. 88QQ Came9ie Ccive (street address) CA«\~~ Qseonsiae , CA 92Q56. 9 ;too~ (city/state/zip) 760-613-9891 (telephone no.) klpainting@gmail.com (e-mail address) 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 KL PAINTING, INC., a California corporation By ~ . n ere) Kody L. Kinney, President & Secretary (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Pubic Works, as authorized by the City Manager 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 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: CINDIE K. McMAHON, City Attorney BY: {;tA)it-k, /1.t~IA, Assistant City Attorney Teak And lpe Stain At Dove Library Page 4 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC Pvvrv'123-1933FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor 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 provi sions 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 Type of Work to Business Name and Address DIR License No., %of be Subcontracted Registration Classification & Total No. Expiration Date Contract N~~ J+ Total % Subcontracted: ___ !):...,,_,;. __ _ The Contractor must perform no less than 50% of the work with its own forces. Teak And lpe Stain At Dove Library Page 5 of 12 City Attorney Approved 1/20/2020 PWM23-1933FAC Teak And Ipe Stain at Dove Library Page 6 of 12 City Attorney Approved 1/20/2020 EXHIBIT B Teak and Ipe Stain Work – Scope and Specifications Sanding and staining teak tables and trim at Dove Library, Ipe wood trim at Dove, and benches at Dove and City Hall Contractor to provide all material, tools and labor necessary to clean, sand and refinish teak tables and Ipe wood trims at Dove Library, 1775 Dove Ln, Carlsbad, CA 92011, and Ipe bench at City Hall. Locations of work to be performed are referenced in a drawing and pictures, and material specifications are attached to this document as Exhibit “B”. Contractor shall power wash, sand, clean and stain using Goldencare Teak Cleaner and Goldencare Teak Protector: • 17 teak tables in at Dove Library (Honey Brown) • Decorative trim at main entrance monument at Dove Library (Honey Brown) • Ipe wood trim in front and rear courtyards at Dove Library (Red Brown) • Ipe benches in front and rear courtyards at Dove Library (Red Brown) • Ipe benches in the central courtyard at City Hall (Red Brown) Any runoff water shall be collected and disposed of properly, water shall not be permitted to run into drains, gutters, or offsite. Work to take place when library and cafe are closed. Work to take place in spring and fall of each year and will be coordinated with the Project Manager. Contractor understands that some work will have to take place while the buildings are closed for business. JOB QUOTATION QTY UNIT DESCRIPTION PRICE 4 EA Clean, sand and refinish all teak tables, trim monument trim, Ipe wood trims and benches at Dove Library Clean, sand and refinish Ipe wood benches at City Hall Colors: Honey Brown – Tables and Monument Red Brown – Trim and Benches $8,300 TOTAL* $33,200 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC Exhibit "B" (cont'd) PWM23-1933FAC L"b ary _ Site Plan Teak and lpe Stain at Dove ' r • • 0 • I I f j -~------ • ~ ~ ~ ~ ~ ~ ~ ~ ~ ~I ~ • • • • Teak And lpe Stain At Dove Library a a D D '" D Page 7 of 12 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC Pvvrv123-1933F AC Teak and lpe Stain -Pictures 3'x3' Table Light Enclosure Rear Courtyard Benches Front Courtyard Wood Trim Teak And lpe Stain At Dove Library Page 8 of 12 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC PVVM23-1 933FAC 30" Round Table Front Courtyard Bench Trim at Main Entrance Monument City Hall Benches Teak And lpe Stain At Dove Library Page 9 of 12 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC Teak and lpe Cleaner Teak cleaner Cleaner and bnghtener m one. To clean and restore d,s.coloured, dirty, dark grey and/or green te.ak. Teak Protector Simply better Product Information Teak Table Stain at Dove Library It is a cleaner & brightener in one To clean and restore discoloured, dark grey teak and hard•.vc,od, U,,s water-based formula ts not only a high concentration cleaner, but it also contains brightener ingredients, which bnng back the original colour of new teak/hardwood. Most of the compet,tive brands require a 2-step-process: a separate cleaner and b6ghtener. This creates tv:1ce as much work for the con~umer. An extra advantage: unlike most of the other teak cleaners, ours 1s clas5ified as non- hazardous. why is it so much better than teak-oil/ sealer: ■ It maintains the golden-brown colour of teak for a longer time. ■ Teak-oil often causes black spots on teak. Our protector prevents black spots. This easy to appl\' protector maintains the golden-brown cofour of teak for a long time: ■ Our teak protector ,s not an oil and ,t is not greasy, so clothes stay clean. ■ up to 4 times longer than teak-oif ■ up to twice as long as teak sealers. Teak And lpe Stain At Dove Library ■ Most teak-oils/sealers contain hazardous solvents/voc's. Our protector is completely water- based and solvent-free: that is why we call it EcoSafe. --------=I Page 10 of 12 Pvvtv123-1933FAC DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC PWM23-1933FAC EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to KL Painting, Inc. (hereinafter designated as the "Principal"), a Contract for: TEAK AND IPE STAIN WORK CONTRACT NO. 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, KL Painting, Inc., as Principal, (hereinafter designated as the "Contractor"), and United Surety Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-three thousand two hundred dollars ($33,200), 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. Th is 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. Teak and lpe Stain at Dove Library Page 11 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC PWM23-1933FAC 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. SIGNED AND SEALED, this __ 3_r_d __ day of _____ o_ct_o_be_r _______ , 2022 _K_L_P_a_in_ti_n_g,_ln_c_. _______ (SEAL) (Principal) By: __ 2__1C-;_;...,,.~...__---,,oa~/----~&- United Surety Insurance Company (SEAL) (Surety) Kelly A. Specht, By: ---=------------Att_o_r_ne-=-y_-in_-_Fa_c_t (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN- FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney sy: ___ ____..0"-'-·IA, ........ Ji-'-·t.--'-k_. /1.t---=---~--IA,-____ _ Assistant City Attorney Teak and lpe Stain at Dove Library Page 12 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC California All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of __ o'-r"'""an_.9.._e ___________ _ S.S. On October 3, 2022 before me, _______ B_e_th_a_n_y_M_e_r_ce_r_, N_ot_a-'-ry_P_u_b_li_c ____ _ ----------Name of Notary Public, Title personally appeared ____________ K_e~lly'--A_._S_,___p_ec_h_t __________ _ Name of Signer (1) Name of Signer (2) wh o proved to me on the basis of satisfactory evi dence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJU RY under the laws of the State of California th at the foregoi ng paragraph is true and correct. ··~:eeeeeee ~ !ETHMN MERCER N~tary ~ubllc • Ca lifornia z Orange County ! Ca111mlnlon # 2369740 ·y (:QF-"1 , Explm A1,g 4, 2025 Seal OPTIONAL INFORMATION ------------ Although the informatio in this sect n is t required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to n unauthor _ed document and may prove useful to persons relying on the attached document. containing _2_ pages, and dated __ O_c_to_b_e_r_3,_2_0_2_2 __ The signer(s) capacity or authority is/are as: D lndividual(s) !XI Attorney-in-fact D Corporate Officer(s) _____________ _ □ Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) □ Other: _________________ _ representing: __ U_n_ite_d_S_ur_e~ty_l_ns_u_r_an_c_e_C_o~m~p_a_n ___ y ___ _ Name(s) of Person(s) Enlily(ies) Signer is Representing l~'ft t 111111■ .... JU':i tllfl I~ • Method of Signer Identification Proved to me on the basis of satisfactory evidence: D form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page# __ Entry# __ Notary contact: Other D Additional Signer D Signer(s) Thumbprints(s) □ © 2009-2015 Notary Learning Center -All Rights Reserved You can purchase copies of this form from our web site at www.TheNotarysStore.com DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BCn UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No: 171372 KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents make, constitute and appoint: Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Bethany Mercer, William Belpedio its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Three MjUjon Fjve Hundred Thousand & 00/100 Dollars I $3.500.000.00 ). This Power of Attorney shall expire without further action on December 31st, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1" day of July, 1993: Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company, in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 5th day of July, 2022 Corporate Seals Commonwealth of Massachusetts County of Middlesex ss: UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company Michael T. Porsch, Treasurer On this 5th day of July, 2022 , before me, Colleen A. Cochrane, a notary public, personally appeared, Michael T. Persch, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. COLLEEN A. COCHRANE Notary Public, Commonwealth of Massachusetts My Commission Expires 10/27/2028 I, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. s Whereof, I have hereunto set my hand and affixed the seals of said Companies at Newton, Massachusetts this ~ . ~ 3, Corporate Seals {(:ii/j) .,,,· lkn-~ Robert F. Thomas, President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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 certifi cate 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 certifi cate does not confer rights to the certifi cate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, NO, EXT): FAX (A/C, NO): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME 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 LTR TYPE OF INSURANCE ADDTL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea Occurrence)$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN’L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $ OTHER:$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS ‘ LIABILITY N/A PER STATUTE OTHER $ ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) 31-1769 11-15 WOODLAND Louis Mitchell Jr. IBSEN DENISE(9532V3E) 414 Fourth ST STE A 530-668-8818 10/19/2022 530-379-2826 dibsen@farmersagent.comCA95695 CARLSBAD K L PAINTING INC Mid Century Insurance Company 216872440 LORNA LN CA 92008-1034 C Y Y A09514719 1,000,000 1,000,000 1,000,000 The City of Carlsbad is listed as Additional insured on the named Insured's workers compensation policy for all projects with the city. Waiver of Subrogation applies in favor of the certificate holder on the workers compensation policy. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta GA 92564 Denise Ibsen 10/01/202310/01/2022 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC ACORb® ~ I I -□ □ - Fl □ □ --~ -~ -~ -~ I I xi I I C I DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) 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 Waiver of Subrogation endorsement (WC 00 03) in favor of the City of Carlsbad This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Insured K L Painting Inc Insurance Company Mid Century Insurance Company WC 00 0313 (Ed. 4-84) © 1983 National Council on Compensation Insurance. Effective Policy No. A09514719 Endorsement No. Premium Denise Ibsen 10/1/2022 Countersigned by ________________ _ PDFDevice by Brainy DataCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/20/2022 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 CONTACT NAME:ALL COMMERCIAL INSURANCE SERVICES, LLC.ALL COMMERCIAL INSURANCE SERVICES, LLC. 16769 Bernardo Ctr Dr. #1-843 San Diego CA 92128-2546 PHONE (A/C, No. Ext):(858) 642-0200 FAX (A/C, No):(858) 642-0205 E-MAIL ADDRESS www.2insure.biz INSURER(S) AFFORDING COVERAGE NAIC # INSURED Agency Lic#: 0C64552 INSURER A: INSURER B: INFINITY SELECT INSURANCE COMPANY NATIONWIDE MUTUAL INSURANCE CO 20260 23787 KL PAINTING INC 2440 LORNA LANE CARLSBAD CA 92008 INSURER C:NATIONAL UNION FIRE CO OF PITTSBURGH, PA 19445 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:3362122 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. INSRLTR TYPE OF INSURANCE ADDLINSRD SUBRWVD POLICY EFFDATE (MM/DD/YY)POLICY EXPDATE (MM/DD/YY) X POLICY NUMBER EACH OCCURRENCE LIMITS $1,000,000ACOMMERCIAL GENERAL LIABILITY ACP7815050387 05/27/22 05/27/23 DAMAGE TO RENTED PREMISES (Ea occurence)$100,000CLAIMS MADE X OCCUR 5,000MED EXP (Any one person)$ 1,000,000PERSONAL & ADV INJURY $ 2,000,000GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT GENERAL AGGREGATE $ 2,000,000POLICYXLOCPRODUCTS-COMP/OP AGG $ OTHER: 504590622685001 06/27/23 COMBINED SINGLE LIMIT (Ea accident) $ B AUTOMOBILE LIABILITY 06/27/22 $1,000,000 ANY AUTO BODILY INJURY (Per person)$ OWNED AUTOS ONLY X SCHEDULED AUTOS BODILY INJURY (Per accident)$ X HIRED AUTOS ONLY X NON-OWNED AUTOS ONLY PROPERTY DAMAGE $(Per accident) $ C UMBRELLA LIAB X OCCUR EBU013781095 05/27/22 05/27/23 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PERSTATUTE OTH-ER ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH) Y/N N/A E.L. EACH ACCIDENT $ E.L. DISEASE-EA EMPLOYEE $ If yes, describe underDESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ RE: ALL PROJECTS The City of Carlsbad is included as Additional Insured with respect to general liability as per the attached endorsement. *10 Day Notice of Cancellation for Non-Payment/30 Day Notice of Cancellation for all other causes DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Emilyn Ryan Mark RubinLic # ACORD 25 (2016/03)Certificate #3362122 © 1988-2015 ACORD CORPORATION. All right reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC ACORD"" I ~ I I □ ~ □ □ - ----~ ---- -H I I I I I □ ~~£-·~. ACP GLO 7815050387 MACH 21089 INSURED COPY 47 0007426 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION 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 or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 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", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 ACP GLO 7815050387 MACH 21089 INSURED COPY 47 0007427 DocuSign Envelope ID: F41F7212-E9C0-45DF-B260-DBB1D2AAD8BC CG 20 33 0413 2. "Bodily injury" or "property damage" occurring after: a. 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 b. 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. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured 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 Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413