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HomeMy WebLinkAboutChris R. Sperbeck Inc dba Doorworkx; 2024-06-10; PWM24-3456FACPWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 1 City Attorney Approved 2/13/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CITY HALL HOUSING & HOMELESS SERVICES LOBBY GLASS PARTITION; CONT. NO. This contract is made on the ______________ day of _________________________, 2024 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and Chris R. Sperbeck, Inc., a California corporation d.b.a. Doorworkx, whose principal place of business is 1070 Commerce Street, Suite A, San Marcos, California 92078 ("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. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. 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 the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A 10th June PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 2 City Attorney Approved 2/13/24 certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCE BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. 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, RFIs, 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. DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 3 City Attorney Approved 2/13/24 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 Contract 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 Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: _________ Chris R. Sperbeck____________ 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 written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than……..$2,000,000 Automobile Liability Insurance in the amount of $2,000,000 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. DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 4 City Attorney Approved 2/13/24 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. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against 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 Contract 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. CONTRACTOR’S INFORMATION. Chris R. Sperbeck, Inc. d.b.a. Doorworkx 1070 Commerce Street, Ste. A (name of Contractor) 783544 (street address) San Marcos, CA 92078 (Contractor’s license number) C61, D28 5/31/2026 (city/state/zip) 760-510-1043 (license class. and exp. date) 1000041522 6/30/2024 (telephone no.) doorsfixed@yahoo.com (DIR registration number/exp. date) (e-mail address) AUTHORITY. The individuals executing this Contract 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 Contract. [signatures on following page] DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 5 City Attorney Approved 2/13/24 CONTRACTOR CHRIS R. SPERBECK, INC., a California corporation d.b.a. Doorworkx CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Chris R. Sperbeck, President and Chief Financial Officer Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name, title) By: (sign here) (print name, title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A ~ ~ [ ?' (J . ~ t PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 6 City Attorney Approved 2/13/24 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 be Subcontracted Business Name and Address DIR Registration No. & Expiration Date License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A NONE NONE NONE NONE NONENONE PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 7 City Attorney Approved 2/13/24 EXHIBIT B City Hall Housing & Homeless Services Lobby Glass Partition Contractor to provide all labor, tools, and materials to fabricate and install a new countertop glass partition for the Housing and Homeless Services Department lobby at City Hall located at 1200 Carlsbad Village Drive, Carlsbad, California 92008. All work and materials to be consistent with the contractors proposal dated May 17, 2024, and is attached to this agreement as Exhibit C. Notes: •System to be 2” x 2” x 1/8” square steel tubing and clear ¼” glass. •System to be retained with fully welded in ½” x ½” angle. •System to be secured to side walls and countertop. •System to be powered coated. Color: RAL 7021 JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Fabricate and install a new countertop glass parititon $9,174.59 TOTAL* $9,174.59 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 8 EXHIBIT C DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A DOORWORKX O..te I 070 COMMERCE ST, SUITE A SAN MA RCOS. CA 92078 760-510-1043 DOORSFJXED@Y AHOO.COM 51171202.4 Name I Addre,s $hip To Ci1yofC11i~lxt1d CJVIC Cf:N'feK AlTN: Aocounbi Puyubk 1635 farndayAv¢ Carl:sb:1d. CA 92008 1200 CARLSBAD VlLLAGE OR CARLSBAD. CA 92008 Terms Net JS Description THE FOUOWING PRICING IS TO HAVE DOORWORK.X PERFORM THE FOLLOWING- f' ABRlCA TE AND INSTALL I EA COUNTER TOP WlNDOW GUARD SYS1'SEM SYST15M wouw oc 1-AIJRJCA·reo Wl1TI 2" X 2" X 1/8" SQUAR.13. sn;et 'nJOINO CLEAR 1/4" GLASS Cl.ASS WOIJU) ae R.Ei AfNED \VITM tVI.J.. Y WELl)f l) IN J/2" X 1/2" ANCU SYSTEl"I WOUU) BE SECURED TO StDE WAUS AND COUNTER TOP S\'STI:M WOULD BE POWDER COA nm (CUSTOMER CMOICE OF COLOR OFF RAL COLOR CHAR.I) TOTAL fN"Ct.UOINO ALL l.AOOll (PR.EVAQ.ING WAGE) MA T13R.lAl ANO TAX.ES• Total Est1ma1e # 2212637 Project Total 9,174.59 S9.174.59 PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 9 EXHIBIT C (CONT.) DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A DOORWC ~2cE sT., surrE I SAN Ml RcoI.~J 1046 -510-1043 92078 JOB NAME r J ,y,_,L L 'C,, .. / / EST# DATE ~ ' • I ,. '.: i ' I .-; ' -~ :c. f"i -- I~-. •(f,. '>.:-c_ I '§A I PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 10 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A PWM24-3456FAC City Hall Housing & Homeless Services Lobby Glass Partition Page 11 EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: ☐ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ☐ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ☐ Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). ☐ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ☐ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: Chris R. Sperbeck, Inc. d.b.a. Doorworkx Signature: Name: Chris R. Sperbeck Title: President Date: DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A X 6/5/2024 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) � 12/1/23 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 ROBERT NAME: BOB WILEY INSURANCE AGENCY INC rA��N,_t c_,_ (760)735-9890 I FAX IA/C Nol: (760)735-2460 PO Box966 E-MAIL rrw5620@aol.com ADDRESS: Escondido. CA 92033-0966 INSURER/SI AFFORDING COVERAGE NAIC# License #:0626539 INSURER A: BERKLEY ASSURANCE COMPANY 39462 INSURED INSURERB: BERKLEY ASSURANCE COMPANY 39462 INSURERC: SIRIUS AMERICA INS CO 38776 INSURERD: Chris R. Sperbeck INC. DBA: DoorworkX 1070 COMMERCE STREET. SUITE A SAN MARCOS. CA 92078 INSURERE: 760 �10-10.:t.1 * C.A Q?07R INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR LTR A B C TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY � □ CLAIMS-MADE [Z] OCCUR � � GEN'L AGGREGATE LIMIT APPLIES PER: Fl [Z] PRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY � ANY AUTO DLoc � OWNED � SCHEDULED � AUTOS ONLY � AUTOS HIRED NON-OWNED � AUTOS ONLY � AUTOS ONLY UMBRELLA LIAB �OCCUR X EXCESS LIAB CLAIMS-MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ADDL SUBR POLICYEFF POLICY EXP '"'"" lw\/n POLICY NUMBER IMM/DDNYYYI IMM/DDNYYYI VUMA0248462 06/27/23 06/27/24 VUMA0248532 06/27/23 06/27/24 N/A WC23528 04 12/01/23 12/01/24 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES /Ea occurrencel $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS • COMP/OP AGG $ $ COMBINED SINGLE LIMIT $ /Ea accident\ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ /Per accident) $ EACH OCCURRENCE $ AGGREGATE $ $ XI �-\%uTE I I OTH-ER 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 1.000.000 100.000 5.000 1.000.000 2.000.000 2.000.000 5.000.000 1.000.000 1.000.000 1 000 000 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 CARLSBAD1635 FARADAY AVECARLSBAD CA 92008 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City of Carlsbad/CMWD IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE ABOVE CAPTIONED POLICY. PRIMARY AND NON CONTRIBUTORY WORDING IS INCLUDED- WAIVER OF SUBROGATION30 DAYS NOTICE OF CANCELLATION. DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A ,__ ________________ _ DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 05/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHl S UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERT ~ICATE 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 A )DITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain policies may require an endorsement. A statement on this ce 1:lficate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dennis Duffy 11(998325K) 2150 N Ctr City Pkwy Ste A Escondido INSURED CHRIS SPERBECK INC 1046 COMMERCE ST STEG SAN MARCOS COVERAGES CA 92026-1347 CA 92078 CERTIFICATE NUMBER: CONTACT NAME: PHONE (A/C, NO, EXT): 619-314-5637 E-MAIL ADDRESS: dduffy1@farmersagent.com I FAX (A/C,NO): 619-314-8658 INSURER($) AFFORDING COVERAGE INSURERA: Truck Insurance Exchange INSURER B: Farmers Insurance Exchange INSURER c: Mid Century Insurance Company INSURERD: INSURERE: INSURERF: REVISION NUMBER: NAIC# 21709 21652 21687 THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOT HE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC TTO 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 C SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDTL SUBR POLICY N JMBER POLICYEFF POLICY EXP LIMITS lTR INSD WVD {MM/DD/YYYY) {MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -J CLAIMS-MADE J OCCUR DAMAGE TO RENTED $ PREMISES {Ea Occurrence) - MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 9 POLICY □ PROJECT □ LOC PRODUCTS · COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) -ANY AUTO BODILY INJURY {Per person) $ -- A OWNED AUTOS X SCHEDULED BODILY INJURY (Per accident) $ ONLY AUTOS y N 606286955 07/01/2023 07/01/2024 --D( HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) -~ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ -,-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTHER $ AND EMPLOYERS' LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N E.l. EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER C N/A EXCLUDED? (Mandatory in NH) E.l. DISEASE-EA EMPLOYEE If yes, describe under DESCRIPTION OF E.L. DISEASE-POLICY LIMIT $ OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Sci '1dule, may be attached if more space is required) CERTIFICATE HOLDER CITY OF CARLSBAD/CMWD C/O EXEGIS INS COM PO BOX947 MURRIETA CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVi;_.,., ~-,.RDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIV~_-/:;....---- ACORD 25 (2016/03) 31-1769 11 -15 ©1 988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A POLICY NUMBER: 606286955 COMMERCIAL AUTO CA 2048 02 99 THIS ENDORSEMENT CHANGES TH POLICY. PLEASE READ IT CAREFULLY. DESIGNA ED INSURED This endorsement modifies insurance provided unde the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endors ment, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organizatio (s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form . This endorsement does ot alter coverage provided in the Coverage Form. This endorsement changes the policy effective on t e inception date of the policy unless another date is indi- cated below. Endorsement Effective: 07/01/2023 Named Insured: CHRIS SPERBECK INC Authorized Re resentative Name of Person(s) or Organization(s): CITY OF ARLSBAD/CMWD C/O EXEGIS INS COMPLIANCE SERV (If no entry appears above, information required to mplete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "ins red" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, lnsuranc Services Office, Inc., 1998 Page 1 of 1 □ POLICY NUMBER: VUMA0248462 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract executed and signed by As designated in written contract with the Named all parties prior to the date of loss but only to the extent Insured. permitted by law. 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. 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 toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury", "propertydamage" 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 yourbehalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additionalinsured only applies to the extent permitted bylaw; and 2.If coverage provided to the additional insured isrequired by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured. B.With respect to the insurance afforded to theseadditional insureds, the following additionalexclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1.All work, including materials, parts orequipment furnished in connection with suchwork, on the project (other than service,maintenance or repairs) to be performed by oron behalf of the additional insured(s) at thelocation of the covered operations has beencompleted; or 2.That portion of "your work" out of which theinjury or damage arises has been put to itsintended use by any person or organizationother than another contractor or subcontractorengaged in performing operations for aprincipal as a part of the same project. CG 20 10 1219 © Insurance Services Office, Inc., 2018 Page 1 of2 DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A C. 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 of2 © Insurance Services Office, Inc., 2018 CG 20 10 1219 POLICY NUMBER: VUMA0248462 COMMERCIAL GENERAL LIABILITY CG 20 371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract executed prior to the As designated in written contract with the Nameddate of occurrence but only to the extent permitted by Insured. law and 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. 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 toinclude as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury" or"property damage" caused, in whole or in part, by"your work" at the location designated anddescribed in the Schedule of this endorsementperformed for that additional insured and includedin the "products-completed operations hazard". However: 1.The insurance afforded to such additionalinsured only applies to the extent permitted bylaw; and 2.If coverage provided to the additional insured isrequired by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured. B.With respect to the insurance afforded to theseadditional insureds, the following is added toSection Ill -Limits Of Insurance: If coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is theamount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits ofinsurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A POLICY NUMBER: VUMA0248462 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 041219 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE With respect to coverage provided to an additional insured via attachment of an Additional Insured endorsement to this policy, such coverage is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2035 11 10 Page 1 of 1 DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A TIDS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH A CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Designated Construction Projects: Construction project sites at which you perform work for additional insureds that require you to obtain per project general aggregate limits under a written contract that was executed prior to the date of any "occurrence" covered under this policy. Maximum Aggregate Limit: $5,000,000 A For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and for all medical expenses caused by accidents under COVERAGE C-MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate limit applies to each designated construction project, subject to an overall maximum aggregate limit as shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; or b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. VCAS2036 11 12 Page 1 of 2 DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A and for all medical expenses caused by accidents under COVERAGE C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of LIMITS OF INSURANCE SECTION Ill not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2036 11 12 Page 2 of 2 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 Effective 12-01-23 Policy No. WC23528 Endorsement No. Insured Chris R. Sperbeck Inc.Premium $ Incl. Insurance Company SiriusPoint America Insurance Company Countersigned By 1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB’s California Workers’ Compensation Insurance Forms Manual  1999. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0% of the California workers’ compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION Any person or organization as Required by written contract within states covered under this policy. DocuSign Envelope ID: 8F5465F8-193F-4897-B1E1-BF5DA4A5073A