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HomeMy WebLinkAboutKL Painting Inc; 2023-10-25; PWM24-2317FACDocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 25th October PWM24-2317FAC CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PARKS MAINTENANCE COMPLEX EXTERIOR PAINTING This agreement is made on the ______ day of ___________ ~ 2023, 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 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 Brian Bacardi (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. Parks Maintenance Complex Exterior Painting Page 1 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 PWM24-2317FAC 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. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of t he 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., t he 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 t he 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. Parks Maintenance Complex Exterior Painting Page 2 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 PWM24-2317FAC 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 alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAie) 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 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. Parks Maintenance Complex Exterior Painting Page 3 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 PWM24-2317FAC INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. KL Painting, Inc. (name of Contractor) 899963 (Contractors license number) C-33 1/31/2024 (license class. and exp. date) 1000432715 6/30/2025 (DIR registration number/exp. date) [signatures on following page] Parks Maintenance Complex Exterior Painting Page4 of 11 2440 Lorna Lane (street address) Carlsbad,CA 92008 (city/state/zip) 760-613-9891 (telephone no.) klpainting@gmail.com (e-mail address) City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 PWM24-2317FAC 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:~ Kody L. Kinney, President & Secretary (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of t he State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. 11E. 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: bi!AA, {-h,vn¥'0v Deputy City Attorney Parks Maintenance Complex Exterior Painting Page 5 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 PWM24-2317FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the f ull 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 t he 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 t o be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to Business Name and Address DIR License No., %of be Registration Classification & Total Subcontracted No. Expiration Date Contract I µJ 'fr ·2- Total% Subcontracted: ...,{r _____ _ The Contractor must perform no less than 50% of the work with its own forces. Parks Maintenance Complex Exterior Painting Page 6 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 PWM24-2317FAC EXHIBITB Parks Maintenance Complex Exterior Painting Contractor to provide all materials, tools and labor to required to prepare and paint the exterior of the buildings at Parks Maintence complex located at 1166 Carlsbad Village Drive, Carlsbad, California 92008. All work to be consistant with the contractors proposal dated September 12, 2023, and is attached to this agreement as Exhibit D. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Exterior prep and painting $26,000.00 2 EA 1 Payment and performance bond $715.00 TOTAL* $26,715.00 *Includes taxes, fees, expenses and all other costs. Parks Maintenance Complex Exterior Painting Page 7 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 Bond #: UCSX372X6823 Premium: $735.00 EXHIBITC LABOR AND MATERIALS BOND PWM24-2317FAC 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: PARKS MAINTENANCE COMPLEX EXTERIOR PAINTING 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 twenty-six thousand seven hundred fifteen dollars ($26,715.00), 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, orfor 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. Parks Maintenance Complex Exterior Painting Page 8 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 PWM24-2317FAC In t he 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 t his bond. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this ___;_6t.;_h ___ day of October 2023 _K_L_P_a_in_t_in~g~,_ln_c_. ______ (SEAL) United Surety Insurance Company(SEAL) (Principal) (Surety) By: ___ ~~-~~~~-~-----~~tw~ {SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURElY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: Deputy City Attorney Parks Maintenance Complex Exterior Painting Page 9 of 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT CIVIL PRACTICE & REMEDIES CODE § 121.007 • The State of Texas County of ----'B=e=xa=r ______ _ DELANIE DAVIS Notary ID 1/133477012 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 Specht Name of Signer IZl 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 _6_th __ day of _O_c_to_b_er ____ _ Day Month ~'DD Signature of Notarizing Officer 2023 Year ---------------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: __ Pa~y_m_e_nt_B_o_nd~,_#_U_C_SX_3_7_2X_68_2_3 ________________ _ Document Date: __ o_c_to_b_er_6--'-,_2_02_3 ______________ 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: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 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 Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, 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 Million Five Hundred Thousand & 00/100 Dollars ($3,500,000.00 l. This Power of 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 1st 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 4th day of April, 2023 Corporate Seals Commonwealth of Massachusetts County of Middlesex ss: UNITED CASUAL TY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company Michael T. Porsch, Treasurer On this 4th day of April, 2023 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. e COWEN A, COCHRANE Nolary Public, Commonwealth of Massachusetts My Commission Expires 10/2712028 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. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Newton, Massachusetts this --'6-'th ________ day of October , _2=0=2=3~-- Corporate Seals Robert F. Thomas, President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 KL PAINTING INC License #899963 Kody Kinney 2440 Lorna Lane Carlsbad, CA 92008 Phone: 760-613-9891 Office : 760-705-5138 Email: klpainting@gmall.com ATTN: Brian Bacardi 405 Oak Ave Carlsbad, CA 92008 Phone: (760) 434-2944 Email: Brian.Bacardi@carlsbadca.oov Exterior: PWM24-2317FAC EXHIBIT D Estimate September 12, 2023 IJOB SITE tarlsbad Parks Department 1166 Carlsbad Village Dr. K:arlsbad, CA 92008 Job Description 1. Power wash all of exterior of the 3 buildings, including awnings, before demo of bad siding 2, Prime all raw wood and metal before finish coats 3, Paint all siding on buildings to match original color 4. Paint all trim on building including fascia, window trim, doors, door jambs, corner boards, green to match original color 5, Sand, prime and paint handrails green to match trim color Notes: 1. Mask off windows, walkways, and landscaping before prep or paint 2. Scrape and sand any chipping, peeling paint before primer and finish paint 3. Caulk and patch all minor cracks and holes before finish coats 4. No paint on black security bars 5. Paint color to be Sherwin Williams 6. All paint, material, labor, and taxes included in estimate 7. This is a public works project, this estimate includes prevailing wage rates 8. Start date to be determined Total Exterior: $26 000.00 Total: $26,000.00 KL Painting, Inc Date Owner Date Parks Maintenance Complex Exterior Painting Page 10 of 11 DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 KL PAINTING INC License #899963 Kody Kinney 2440 Lorna Lane Carlsbad, CA 92008 Phone: 760-613-9891 Office: 760-705-5138 Email: klpaintlng@gmail.com ATTN: Brian Bacardi 405 Oak Ave Carlsbad, CA 92008 Phone: (760) 434-2944 Email: Brian.Bacardi@carlsbadca.aov Bond: Total: Parks Maintenance Complex Exterior Painting JOB SITE Carlsbad Parks Department 1166 Carlsbad Village Dr. Carlsbad, CA 92008 Total Thank you for choosing KL Painting, Inc. Page 11 of 11 PWM 24-2317FAC Bond September 12, 2023 $71S.OO $715.00 CERTIFICATE OF LIABILITY INSURANCE 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(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:PCF Insurance Services of the West, LLC dba Rock 10 Insurance Services PO BOX 15608 San Diego CA 92175 PHONE (A/C, No. Ext): FAX (A/C, No): E-MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # INSURED Agency Lic#: 0L78680 INSURER A: INSURER B: INFINITY SELECT INSURANCE COMPANY Continental Casualty Company 20260 20443 KL PAINTING INC 2440 LORNA LANE CARLSBAD CA 92008 INSURER C:AIG Specialty Insurance Company 26883 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. INSRLTR TYPE OF INSURANCE ADDLINSRD SUBRWVD POLICY EFFDATE (MM/DD/YY)POLICY EXPDATE (MM/DD/YY) X POLICY NUMBER EACH OCCURRENCE LIMITS $2,000,000ACOMMERCIAL GENERAL LIABILITY C6984546720 05/27/23 05/27/24 DAMAGE TO RENTED PREMISES (Ea occurence)$100,000CLAIMS MADE X OCCUR 5,000MED EXP (Any one person)$ 2,000,000PERSONAL & ADV INJURY $ 4,000,000GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT GENERAL AGGREGATE $ 4,000,000POLICYXLOCPRODUCTS-COMP/OP AGG $ OTHER: 504590622685001 06/27/24 COMBINED SINGLE LIMIT (Ea accident) $ B AUTOMOBILE LIABILITY 06/27/23 $1,000,000 ANY AUTO BODILY INJURY (Per person)$ 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 BE031375010 05/27/23 05/27/24 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Attention: Emilyn Ryan Chandra V. Myslin Lic # 0E25425 ACORD 25 (2016/03)Certificate #3366365 Revision #© 1988-2015 ACORD CORPORATION. All right reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 ACORD"" I ~ I I □ ~ □ □ --~ ---- -H I I I I I □ BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured - Owners, Lessees or Contractors CNA97587XX (4-2020) Policy No: C6984546720 Page 1 of 2 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: Endorsement Effective: at 12:01 a. m. Named Insured: Authorized Representative: SCHEDULE Name of Additional Insured Person(s) or Organization(s): (Blanket) (Specific) Any person or organization that the Named Insured is obligated by virtue of a written contract or written agreement to make an additional insured on this Coverage Part, provided such contract or agreement: • 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 coverage. !" # $% & ' ( '#) *+ '#) &) , #) -.- / 0 1 $ 2 )3 4 56 46 7 7 Location(s) of Covered Operations: Any location in the “coverage territory” that is subject to the contract or agreement specified above. 8 ( # ' 9 (:9 ( 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. DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured - Owners, Lessees or Contractors CNA97587XX (4-2020) Policy No: C6984546720 Page 2 of 2 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. D. 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. DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 POLICY NUMBER:C6984546720 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ! " #$$% & '()*)* + , - ./ +-/ 0*0$( " 1 1 2 3 13 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 37 12 19 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 COMPANY PROFILE Company Information UNITED CASUALTY AND SURETY INSURANCE COMPANY DBA Name: UNITED SURETY INSURANCE COMPANY 233 NEEDHAM ST STE 440 NEWTON , MA 02464 Old Company Names Effective Date UNITED CASUALTY & SURETY COMPANY INC 04/12/2017 Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information NAIC #:36226 California Company ID #:6163-0 Date Authorized in California:08/06/2018 License Status:UNLIMITED-NORMAL Company Type:Property & Casualty State of Domicile:NEBRASKA back to top NAIC Group List NAIC Group #:0000 Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top Company Profile Company Search Company Search Results CompanyInformation Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer © 2008 California Department of Insurance DocuSign Envelope ID: 672D4E2D-B039-44A7-B64D-8B96CE9D5988 1.. ' CALffORNIA ' ' DEPARH'IENT OF INSURANCE I