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HomeMy WebLinkAboutKL Painting; 2023-05-23; PKRC-2023-0407Tracking #: BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 1 of 10 City Attorney Approved 2/14/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and KL Painting whose principal place of business is 2440 Lorna Lane, Carlsbad, CA 92009 (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, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 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: Morgan Rockdale (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: 27048ED9-C9A0-4292-9B64-192DDBF83F4B 23rd 23May DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B 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 ors o act r fro~i ipating 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. 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. BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 2 of 10 City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B 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 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Notice to Proceed. CONTRACTOR'S IN FORMATION. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill KL Painting (name of Contractor) 899963 (Contractor's license number) C-33, 1/31/2024 (license class. and exp. date) 1000432715 (DIR registration number) 6/30/2023 (DIR registration exp. date) BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 3 of 10 2440 Lorna Lane (street address) Carlsbad, CA 92009 (city/state/zip) 760-705-5138 (telephone no.) (fax no.) klpainting@gmail.com (e-mail address) City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: By: Kody Kinney, President/CFO (print name/title) N/A, single signer (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant City Manager, Deputy City Manager, or Department Director as Authorized by the City Manager ATTEST: SHERRY FREISINGER City Clerk 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: Ollig:~ f V'{)Sf Deputy / Assistant City Attorney BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 4 of 10 City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B 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 Type of Work to be Business Name and Address DIR Registration Subcontracted No. N1fNB Total % Subcontracted: ---'RJ: ____ _ The Contractor must perform no less than 50% of the work with its own forces. BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 5 of 10 License No., %of Classification & Total Expiration Date Contr.act -e; City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B Tracking#: EXHIBITB (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) ITEM .UNJT • QTY . NO ....... . 1 2 1 3 1 JOB QUOTATION ~ ,_---~ ---·--=--.-.· .• __ \,DESCRIPTION~\.,·' H: .·•· Scope of Work Summary KL Painting will: • Repair, prime and paint handrails, stair treads, retaining wall and/or metal gates for beach access locations at Carlsbad Village Drive, Beech Ave., Christiansen St., Cypress Ave., Rue Des Chateaux, Oak Ave. and Grand Ave. • Remove all sand and grime from all areas being painted • Provide and use Sherwin Williams Industrial grade paints • Provide all equipment • Close beach access at top and bottom before work is performed • Mask off and protect all areas not to be painted • Include all paint, material and labor Carlsbad Village Drive Handrails: $7,000.00 1. Remove rust and chipping paint by grinding or wire wheel brush 2. Apply corrosion cure on all rust and raw metal before finish coats are applied 3. Prime all rust areas with Zero Rust Primer 4. Apply two-part epoxy, black to match existing color Carlsbad Village Drive Stair Treads: 1. Scrape and clean any debris from steps before finish coats 2. Mask off all stairs around safety stripes 3. Set up fencing at the bottom and top of stairs where work is being done, to remain in place for at least 24 hours for material to cure properly Beech Ave. Handrails: $4,250.00 1. Remove rust and chipping paint by grinding or wire wheel brush 2. Apply corrosion cure on all rust and raw metal before finish coats are applied 3. Prime all rust areas with Zero Rust Primer 4. Apply two-part epoxy, black to match existing color Beech Ave. Retaining Wall and Stair Treads: 1. Repair all damage to retaining walls and curb holding handrail, prime patches before finish paint BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 6 of 10 City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B Tracking#: 2. Paint retaining walls on both sides, brown wall and white wall to match existing color, two coats finish paint 3. Scrape and clean any debris from steps before finish coats 4. Mask off all stairs around safety stripes 5. Set up fencing at the bottom and top of stairs where work is being done, to remain in place for at least 24 hours for material to cure orooerlv 4 1 Christiansen St. Handrails: $7,450.00 1. Remove rust and chipping paint by grinding or wire wheel brush 2. Apply corrosion cure on all rust and raw metal before finish coats are applied 3. Prime all rust areas with Zero Rust Primer 4. Apply two-part epoxy, black to match existing color Metal Gates: 1. Prep, prime and paint metal gates at top and bottom access' Christiansen St. Stair Treads: 1. Scrape and clean any debris from steps before finish coats 2. Mask off all stairs around safety stripes 3. Set up fencing at the bottom and top of stairs where work is being done, to remain in place for at least 24 hours for material to cure properly 5 1 Cypress Ave. Handrails: $6,600.00 1. Remove rust and chipping paint by grinding or wire wheel brush 2. Apply corrosion cure on all rust and raw metal before finish coats are applied 3. Prime all rust areas with Zero Rust Primer 4. Apply two-part epoxy, black to match existing color Metal Gates: 1. Prep, prime and paint metal gates at top and bottom access' Cypress Ave. Stair Treads: 1. Scrape and clean any debris from steps before finish coats 2. Mask off all stairs around safety stripes 3. Set up fencing at the bottom and top of stairs where work is being done, to remain in place for at least 24 hours for material to cure properly 6 1 Rue Des Chateaux Handrails: $7 ,700.00 1. Remove rust and chipping paint by grinding or wire wheel brush 2. Apply corrosion cure on all rust and raw metal before finish coats are applied 3. Prime all rust areas with Zero Rust Primer 4. Apply two-part epoxy, black to match existing color Rue Des Chateaux Stair Treads: 1. Scrape and clean any debris from steps before finish coats BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 7 of 10 City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B Tracking#: 2. Mask off all stairs around safety stripes 3. Set up fencing at the bottom and top of stairs where work is being done, to remain in place for at least 24 hours for material to cure properly 7 1 Oak Ave. Handrails: $5,200.00 1. Remove rust and chipping paint by grinding or wire wheel brush 2. Apply corrosion cure on all rust and raw metal before finish coats are applied 3. Prime all rust areas with Zero Rust Primer 4. Apply two-part epoxy, black to match existing color Oak Ave. Stair Treads: 1. Scrape and clean any debris from steps before finish coats 2. Mask off all stairs around safety stripes 3. Set up fencing at the bottom and top of stairs where work is being done, to remain in place for at least 24 hours for material to cure properly 8 1 Grand Ave. Handrails: $8,800.00 1. Remove rust and chipping paint by grinding or wire wheel brush 2. Apply corrosion cure on all rust and raw metal before finish coats are applied 3. Prime all rust areas with Zero Rust Primer 4. Apply two-part epoxy, black to match existing color Grand Ave. Stair Treads: 1. Scrape and clean any debris from steps before finish coats 2. Mask off all stairs around safety stripes 3. Set up fencing at the bottom and top of stairs where work is being done, to remain in place for at least 24 hours for material to cure properly 9 1 Labor and Materials Bond (3.25%) $1,527.50 TOTAL" $48,527.50 "Includes taxes, fees, expenses and all other costs. BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 8 of 10 City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B Bond #UCSX372X6605 Premium: $1 ,335.00 EXHIBITC LABOR AND MATERIALS BOND Tracking#: WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to KL Painting, Inc. (hereinafter designated as the "Principal"), a Contract for: BEACH ACCESS REPAIRS ; CONT. NO. PKRC-2023-0407 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, KL Painting, Inc. , as Principal, (hereinafter designated as the "Contractor"), and United Surety Insurance Company ----=---=-~-=---_,.,,,,.,-_,.-,--as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Eight Thousand Five Hundred Twenty Seven Dollars and 50/100 _______________________ dollars ($ 48,527.50 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 9 of 10 City Attorney Approved 2/14/2023 I I DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this _1=--=0=th-'-----day of May I 20.2.3.._ _____ KL_P_a_in_tin_,g=-,_ln_c_. ____ (SEAL) (Principal) By: ____________ _ (Signature) United Surety Insurance Company (SEAL) (Surety) By, KellyA.~~ (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: U~ fV'tJSf Deputy/ Assistant City Attorney BEACH ACCESS REPAIRS; CONT. NO. PKRC-2023-0407 Page 10 of 10 City Attorney Approved 2/14/2023 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT CIVIL PRACTICE & REMEDIES CODE § 121.007 • The State of Texas County of _B_e_x_ar ______ _ DELANIE DAVIS Notary ID #133477012 My Commission Expires December 6, 2025 Place Notary Seal and/or Stamp Above Before me, Delanie Davis, Notary Public Name and Character of Notarizing Officer, e.g., "John Smith, Notary Public" on this day personally appeared Kelly A. Specht Name of Signer IXl known to me □ proved to me on the oath of Name of Credible Witness □ proved to me through ________ _ Description of Identity Card or Document to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 10th day of May 2023 Day Month Year 7Je&ALle ✓ Q)aQ Signature of Notarizing Officer ---------------OPTIONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __ La_b_o_r a_n_d_M_a_te_ri_al_s_B_on_d~, #_U_C_S_X_3_72_X_6_6_05 _____________ _ Document Date: __ M_a~y_1_0'---, 2_0_23 _______________ Number of Pages: __ 2 ___ _ Signer(s) Other Than Named Above: __ N_o_O_t_h_er_S_,ig"---n_e_rs __________________ _ • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5243 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B D UNITED CASUAL TY AND SURETY INSURANCE COMPANY US Casualty and Sure·ty 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 {collectlvely, 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 sread, 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, provfdfne 1he bond penalty does not exceed Three MjH;on five Hundred Thousand & 00/100 Dollars ( $3,500,000.00 ). This Power or Attorney shall expire without further action on December 31", 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 empower@d 10 appoint Attorneys-in-Fact of the Company, in its name and ;is its acts to execute and acknowledge for and on its beh;ilfas Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power 10 attach L~ereto 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 authori,ed by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attornev or certification of either given for the execution of any bond, undertakln~ recognizance or other written oblisation 1n the nature thereof; such slgnaturr. and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Comp.iny, 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 SURElY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company Michael T. Persch, Treasurer On this 5th day of July, 2022 , before me, Colleen A. Cochrane, a notary public, personally appeared, Michael T. Persch, Treasurer of United C1sualty 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 ce.rtify under PENAL TY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS mv hand and seal. COLLEEN A. COCHRANE Notary PubITc. Commonwealth of Massachusetts My Commission Exp~es 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, e)(ecuted 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. In Witness Whereof, I have hereunto set my hand and affbed the seals of said Companies at Newton, Massachusetts this __ 1_0_t_h _____ _ day of May, 2023 Corporate Seals -·: \ UAI. .. ~. .,.t' Robert F. Thomas, President TO CO lltM AUTHENTICITY Of THIS BONO O DOCUMENT EMAIL: CONFIRMBONOCPUNITEOCASUALTY.COM PD F D e v i c e b y B r a i n y D a t a CERTIFICATE 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: 27048ED9-C9A0-4292-9B64-192DDBF83F4B ACORD"" I ~ I I □ ~ □ □ - ----~ ---- -H I I I I I □ ~~£-·~. ACP GLO 7815050387 MACH 21089 INSURED COPY 47 0007426 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B 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: 27048ED9-C9A0-4292-9B64-192DDBF83F4B 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 DocuSign Envelope ID: 27048ED9-C9A0-4292-9B64-192DDBF83F4B 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 ________________ _ 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: 27048ED9-C9A0-4292-9B64-192DDBF83F4B ACORb® ~ I I -□ □ - Fl □ □ --~ -~ -~ -~ I I xi I I C I