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HomeMy WebLinkAboutKL Painting Inc; 2023-07-18; PWM23-2206FACCITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE STATION NO. 3 INTERIOR PAINT PWM23-2206FAC This agreement is made on the \ 8"\h day of J l1',~ , 2023, by the City of Carlsbad, California, a municipal corporation (hereii( fter called "City") and KL Painting, Inc., a California corporation, whose principal place of business is 2440 Lorna Lane, Carlsbad, California 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, 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 Lauren Milliken (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RA TES. 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. Fire Station No. 3 Interior Paint Page 1 of 9 City Attorney Approved 02/14/2023 PVVM23-2206FAC 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 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 (5) years and that debarment by another jurisdiction is grounds for the City of Car1sbad to disqualify the Contractor or subcontractor from participating in contract bidding. ~,•§!- Signature: __ _ Print Name: Kod L. Kinne 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 Fire Station No. 3 Interior Paint Page 2 of 9 City Attorney Approved 02/1412023 PVVM23-2206FAC 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. [signatures on the following page] Fire Station No. 3 Interior Paint Page 3 of 9 City Attorney Approved 02/14/2023 CONTRACTOR'S INFORMATION KL Painting, Inc. (name of Contractor) 899963 (Contractor's license number) C33 1/31/24 (license class. and exp. date) 1000432715 6/30/23 (DIR registration number/exp. date) PVVM23-2206FAC 2440 Lorna Lane (street address) Carlsbad, CA 92008 (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.c., a California corporation By: 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 Paz Go Works, horized b 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. ED AS TO FORM: CINDIE K. McMAHON, City Attorney Attorney Fire Station No. 3 Interior Paint Page 4 of9 City Attorney Approved 02/14!2023 PVVM23-2206FAC 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 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 Business Name and Address DIR License No., %of be Subcontracted Registration Classification & Total No. Expiration Date Contract "'°~0/ Total % Subcontracted: ---i:'ffer------- The Contractor must perform no less than 50% of the work with its own forces. Fire Station No. 3 Interior Paint Page 5 of 9 City Attorney Approved 02/14/2023 PWM23-2206FAC EXHIBIT B Fire Station No. 3 Interior Paint Contractor shall provide all materials, tools and labor required to repaint the entire interior of Fire Station No. 3 located at 3465 Trailblazer Way, Carlsbad, CA 92010. All work shall be consistent with the Contractor's proposal dated Feb. 16, 2023 and is attached to this agreement as Exhibit C. Scope: Notes: ITEM NO. 1 Paint all wall entries, office, captain's dormitory, captain's restroom, hallways, eight (8) dorm rooms, locker room, day room, kitchen, dining room, gym, and SCBA room, color to match existing light paint color in building. -Repair all drywall damage before finish paint. Prime all drywall repairs and dark brown accent walls before finish paint -Paint ceilings in locker room, and kitchen. -Safety Stripes: Repaint white safety stripes through parking bay and yellow stripes under roll-up doors with lettering (Stand Clear, black finish paint). -Contractor shall maintain good housekeeping practices throughout the duration of the project and will leave the site in a clean and workmanlike manner. -All work must be coordinated so as not to interfere with the operations of the fire station. -Mask off and protect floors, baseboards, windows, doors, jambs, and furniture. -KL Painting to remove all pictures, electrical faceplates and reinstall after finish paint. -All paint, material, labor, bonds and taxes are included. JOB QUOTATION UNIT QlY DESCRIPTION PRICE LS 1 Paint all interior walls $30,311 .25 Paint: Promar 200 Paint color: SW 9505 Frostbite Eggshell throughout Semi-gloss in kitchens and restrooms TOTAL* $30,311.25 *Includes taxes, fees, expenses and all other costs. Ill Ill Fire Station No. 3 Interior Paint Page 6 of9 City Attorney Approved 02/14/2023 PWM23-2206FAC; Exhibit "C" KL PAINTING INC License #899963 Kody Kinney 2440 Lorna Lane Carlsbad, CA 92008 Phone: 760-613-9891 Office: 760-705-5138 Email: klpainting@gmail.com ATTN: Dan Smith 05 Oak Ave Carlsbad, CA 92008 Phone: (760)573-9280 Email: · Interior: rlsbad, CA 92010 Job DesaiDtion Estimate February 16, 2023 1. Paint all walls in entry, office, captain's dormitory, captain's restroom, hallways, eight (8) dorm rooms, locker room, day room, kitchen, dining room, gym, and SCBA room, color to match existing light paint color in building 2. Repair all drywall damage before finish paint 3. Prime all drywall repairs and dark brown accent walls before finish paint 4. Paint ceilings in locker room, and kitchen Safety Stripes: 1. Repaint white safety stripes through parking bay and yellow stripes under roll-up doors with lettering (Stand Clear, black finish paint) Notes: 1. Mask off and protect floors, baseboards, windows, doors, jambs, and furniture 2. KL Painting to remove all pictures, electrical faceplates and reinstall after finish paint 3. Promar 200, eggshell in general use, semi-gloss in kitchens and restrooms. 4. Paint color: SW 9505 Frostbite 5. All paint, material,labor and taxes are included 6. Start date to be determined .. *Paint samples are an add1t1onal price Total Interior: $29,500.00 Bond: 2.75% ot $29,soo $811.25 Total: $30,311.25 KL Painting, Inc Date Owner Date Bond #: UCSX372X6649 Premium: $834.00 EXHIBIT D LABOR AND MATERIALS BOND PWM23-2206F AC VVHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to KL Painting, Inc., a California corporation (hereinafter designated as the "Principal") a Contract for: FIRE STATION NO. 3 INTERIOR PAINT 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 thousand three hundred eleven dollars and twenty-five cents ($30,311 .25), 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. Fire Station No. 3 Interior Paint Page 8 of9 City Attorney Approved 02/14/2023 PWM23-2206FAC 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 __,_16 ... t..._h __ day of __ J_u_na __________ , 2023 _ _,K_..,L=-P:....;a=i=nt=in""g..._, ... ln=c;.:... ______ (SEAL) (Principal) United surety Insurance Company (SEAL) (Surety) cht, Attorne -In-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN- FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney ~~~ey - Fire Station No. 3 Interior Paint Page 9 of9 City Attorney Approved 02/14/2023 TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT CIVIL PRACTICE & REMEDIES CODE § 121.007 The State of Texas County of __,Be=xa=r _____ _ 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 !XI 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 20th day of June 2023 Day Month Year ~~ 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_or--a_n_d_M_a_te_ria_ls_B __ oc...n..:..d,._#_U_C-'-SX_3--7_2X_664--'-..:..9 ____________ _ Document Date: __ J....c.u_ne:....2_0..:.., 2_0--2_3 ______________ Number of Pages: __ 2 ___ _ Signer(s) Other Than Named Above: __ N_o_O_t_he_r_S__,ig._n_er_s _________________ _ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5243 l!I UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER Of ATTORNEY Aaency No: 171372 KNOW ALL MEN BY THESE PRESENTS: That United casualtv and Surety Insurance Companv, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Companv and United Suretv Insurance Companv, assumed names cA United casualtv and Surety Insurance Company (collectively, the Companies), do bv these presents make, constitute and appoint; Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Bethany Mercer, William Belpedio ,ts true and lawful Attomeyfsl-fn•Fact, each In their separate capacity If more than one is named above, with full power and authoritv herebv confrrred In Its name, place and stead, to execute, acknowledge and deliver •nv and all bonds, recocnl.rances, undert.aldnp or other lnstrumenu or contracts of suretyshlp to Include rlchtrs, amendments, and consents of surety, provldlnc the bond penalty does not e•ceed Then MUHon five Hundred Thousand & 00/100 Qollaa ( $3,500,000.00 l, This Power of Atlornev shall expire without further ;1ctlon on December 31•, 2024. This Power of Attornev Is granted under and bv authontv of the following resolutions adopted bv the Board of Directors of the Companies at a meetinc dulv called and held on the 1" dav or July, 1993: Resolwd that the President, Treasurer, or s«retary ~ •nd tt,ey ore hereby autt,o,lred ind empowered to appoint Attomeys-lr,.fact of the Comp1ny, In IU n1me 1nd u Its 1cts to eaecutund 1clcnowledae for ind on Its behalf as Surety 1ny ind all bonds, reco,nlunus, con1t1cts of Indemnity, waivers of dt1tion ind 1N other wrltln1s obli&1torv In the Nlure thereof, with power to 11Udl thereto the seal of the Comp1ny. Ally such writings so e•ecuted by such A1tomeys,ln-F1ct shall be bfndllll upon the Comp1ny IS If they hid bttn duly uecutl!d and aclcnowledll!(I by the ft1Ularly elected Officers of the Coml)lny In thl!ir own pro~ persons That th• MIJl'lture of any officer authorized by Resolutions of this Board 111d the Company sul ffllV be affittd by facslmlle to any power of attomev or ~I po_, of ntomey or certiflution of either alYen for the ••ecution of 1ny bond, undertaklnc, recosnlunce or other writun obll1ation In the n1ture thereof; such siln1ture i nd sul, when so wed bein1 hreby 1dopted by the Company u the or1&in1I slanature of such offiar and the orllfnal seal of the Company, to be vaHd ind blndln1 upon the Coffll)ilny with tt,e same force and effect as thouah m1nu1lly 1fflxed. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affired, 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 lnsuraince Company Michael T. Porsch, Treasurer On this 5th day of July. 2022 , before me, Colleen A. Cochrane, a notary public, personally appeared, Michael T. Porsch, 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 b'( his signature on the Instrument the person(s], or the entity on behalf of which the person(sl acted, executed the Instrument. I certify under PENAL TY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. COl.l.EEH A. COCHRANE Notary PubflC, Commonwealth of Massac:tNsetts MyCommissron Expres 10/27/2028 I, Robert F. Thomas, President of United Casualty and Suretv 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 bv said Companies, which is still in full force and effect; furthermore, the resolutions of the Board of Directors, set out In the Power of Attomey are in full force and effect. In Witness Whereof, I have hereunto set mv hand and affixed the seals of said Companies at Newton, Massachusetts this __ 2_0_th _____ _ day of June, 2023 Corporate Seals Robert F. Thomas, President TO CONFIRM AUTHENTICITY OF THIS BONO OR DOCUMENT EMAIL. CONFIAMBONOOUNITEOCASUALTY.COM ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/22/2023 ~ 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($), AUTHORIZED r>i:pr>i:<>S:NTATIVE nR PRnD• 'CER AND THE l"'S:l>TIFl"ATE 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 riahts to the certificate holder in lieu of such endorsementlsl. PRODUCER CONTACT PCF Insurance Services of the West, LLC dba Rock 10 .. ·•-. PHONE 'FAX Insurance Services I IA/C No. Ext1: IIA/C No1: PO BOX 15608 E-MAIL San Diego CA 92175 ADDRESS INSURERIS) AFFORDING COVERAGE NAIC# Aoencv Lie#: OL78680 IN<>IIRERA: Continental Casualtv Company 20443 INSURED INSURER B: INFINITY SELECT INSURANCE COMPANY 20260 KL PAINTING INC INSURERC: 2440 LORNA LANE AIG Soecialtv Insurance Com11anv 26883 CARLSBAD CA 92008 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 3366365 REVISION NUMBER· SUPERCEDES PREVIOUS REVISIONS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AODL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSRO wvo POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS X COMMERCIAL GENERAL LIABILITY C6984546720 05/27/23 05/27/24 EACH OCCURRENCE $ ? nnn nnn A I CLAIMS MADE[i] OCCUR DAMAGE TO RENTED $ 100,000 PREMISES 1Ea occurence1 MED EXP (Any one person) $ 5,000 -PERSONAL & ADV INJURY $ 2,000,000 1-- GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 R [~PRO-□LOC PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X JECT OTHER: $ AUTOMOBILE LIABILITY 504590622685001 06/27/23 06/27/24 COMBINED SINGLE LIMIT 1,000,000 B -I tEa accident\ $ ANY AUTO BODILY INJURY (Per person) $ 1---OWNED X SCHEDULED BODILY INJURY (Per acc1denl) $ 1--AUTOS ONLY 1--AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) $ 1--.._ AUTOS ONLY $ C UMBRELLA LIA~ OCCUR BE031375010 05/27/23 05/27/24 EACH OCCURRENCE s 1,000,000 1-- EXCESS LIAS CLAIMS-MADE AGGREGATE $ 1,000,000 DEDI !RETENTION $ $ WORKERS COMPENSATION IPER --·-·--I l~JH- AND EMPLOYERS" LIABILITY E.L. EACH ACCIDENT $ 11\NY PROPRIETOR/PARTNERIEJ(ECUTIVE Y/N N/A OFFICER/MEMBER EXCLUDED? □ (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $ tt yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services - --- -... WITH THE Dl"\I ll"V P.O. Box 4668 • ECM #35050 Uo#OE2~ V: u New York, NY 10163-4668 Attention: Emilvn Rvan Chandra V. Myslin ACORD 25 (2016/03) Certificate# 3366365 Revision# © 1988-2015 ACORD CORPORATION. All right reserved. The ACORD name and logo are registered marks of ACORD BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: Endorsement Effective: 06/07/2023 at 12:01 a. m. C6984546720 Named Insured: Authorized Representative: KL PAINTING INC SCHEDULE Name of Additional Insured Person(s) (Specific) or Organization(s): {Blanket) Any person or organization that the Named Insured is City of Carlsbad/CM WO obligated by virtue of a written contract or written c/o EXIGIS Insurance Compliance Services agreement to make an additional insured on this P.O. Box 4668 -ECM #35050 Coverage Part, provided such contract or agreement: New York, NY, 10163 • Is currently in effect or becomes effective during the policy period; and • Was executed prior to: a. the "bodily injury," or "property damage"; or b. the offense that caused the "personal and advertising injury"; for which the additional insured seeks coveraae. Location(s) of Covered Operations: Any location in the "coverage territory" that is subject Various location throughout City of Carlsbad to the contract or agreement specified above. A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. 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 part of the same project. C. With respect to the insurance afforded to these additional insureds, this insurance also does not apply to "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: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. CNA97587XX (4-2020) Page 1 of 2 Insured Name: Policy No: C6984546720 Endorsement No: Effective Date: 06/07/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors 0. Primary and Noncontributory Insurance If so required by a written contract or written agreement, this insurance will be primary to, and will not seek contribution from, other insurance under which the additional insured is a named insured. But in all other instances, and notwithstanding anything to the contrary in the condition entitled Other Insurance, this insurance will be excess of any other insurance available to the additional insured. E. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit: Any additional insured pursuant to this Coverage Part will, as soon as possible: 1. Give us written notice of any claim, or of any "occurrence" or offense that may result in a claim; 2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defense or settlement of the claim; and 3. Make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self-insurer whose policy or program applies to a loss that we cover under this Coverage Part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. F. Solely with respect to the insurance granted by this endorsement: 1. The words "you" and "your" refer to the Named Insured shown in the Declarations. 2. "Your work" means work or operations performed by you or on your behalf, and materials parts or equipment furnished in connection with such work or operations. G. Blanket Waiver of Subrogation We waive any right of recovery we may have against an entity that is an additional insured under the terms of this endorsement with respect to payments we make for injury or damage arising out of "your work" done under a written contract or written agreement with that person or organization, provided such contract or agreement: 1. Requires such a waiver of our rights; 2. Is currently in effect or becomes effective during the policy period; and 3. Was executed prior the "bodily injury", "property damage" or "personal and advertising injury" that gave rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97587XX (4-2020) Page 2 of 2 Policy No: C6984546720 Endorsement No: Effective Date: 06/07/2023 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. POLICY NUMBER:C6984546720 COMMERCIAL GENERAL LIABILITY CG 20 3712 19 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 Descriotion Of Comoleted Ooerations City of Carlsbad/CMWD Interior/Exterior painting of various commercial c/o EXIGIS Insurance Compliance Services buildings P.O. Box 4668 -ECM #35050 New York, NY, 10163 Various location throughout City of Carlsbad Information reauired 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. CG20371219 © Insurance Services Office, Inc., 2018 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG20371219 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 10/19/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO 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, ANO 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: Louis Mitchell Jr. IBSEN DENISE(9532V3E) PHONE I FAX 414 Fourth ST STE A (A/C, NO, EXT): 530-668-8818 (A/C, NO): 530-379-2826 E-MAIL WOODLAND CA 95695 ADDRESS: dibsen@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: INSURER B: K L PAINTING INC INSURER C: Mid Century Insurance Company 21687 2440 LORNA LN INSURER D: INSURER E: CARLSBAD CA 92008-1034 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THATTHE 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 RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE 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 TYPE OF INSURANCE ADDTL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD wvo (MM/OO/YYYY) (MM/OD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -J 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 $ rl POLICY □ PROJECT □ LOC PRODUCTS · COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ --OWNED AUTOS SCHEDULED BODILY INJURY (Per accident) $ ONLY AUTOS I-'--- HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) --$ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ --EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION xj ;~:TuTE I I OTHER $ AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ V/N E L. EACH ACCIDENT $ 1,000,000 EXECUTIVE OFFICER/MEMBER ~ N/A y lA.09514719 10/01/2022 10/01/2023 C EXCLUDED? (Mandatory in NH) E L. DISEASE· EA EMPLOYEE 1,000,000 If yes. describe under DESCRIPTION OF E.L. DISEASE· POLICY LIMIT OPERATIONS below $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) trhe City of Carlsbad is listed as Additional insured on the named lnsured'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. CERTIFICATE HOLDER CANCELLATION ars a c/o EXIGIS Insurance Compliance Services P.O. Box 947 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) 3 I • 1769 11 • 15 AUTHORIZED REPRESENTATIVE Denise Ibsen ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD 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) ICI 1983 National Council on Compensation Insurance. Effective Policy No. A09514719 Endorsement No. Premium Denise Ibsen 10/1/2022 Countersigned by _________________ _