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HomeMy WebLinkAboutKL Painting Inc; 2024-10-10; PR-PSA-24004PPR-PSA-24004P Page 1 City Attorney Approved Version 5/22/2024 AGREEMENT FOR AS-NEEDED PAINTING SERVICES KL PAINTING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and KL Painting, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in painting. B. Contractor has the necessary experience in providing professional services and advice related to painting. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-five thousand dollars ($45,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 October 10th 24 PR-PSA-24004P Page 2 City Attorney Approved Version 5/22/2024 6. PUBLIC WORKS 6.1 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 Agreement 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 such workers employed by him or her in the execution of the Agreement. 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. 6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement 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 Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. 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 Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 PR-PSA-24004P Page 3 City Attorney Approved Version 5/22/2024 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. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION 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, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 PR-PSA-24004P Page 4 City Attorney Approved Version 5/22/2024 final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. 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. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 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. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 PR-PSA-24004P Page 5 City Attorney Approved Version 5/22/2024 12.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 PR-PSA-24004P Page 6 City Attorney Approved Version 5/22/2024 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Morgan Rockdale Name Kody Kinney Title Parks/Trees Supervisor Title Project Manager Dept Parks & Recreation Address 2440 Lorna Lane CITY OF CARLSBAD Carlsbad, CA 92008 Address 799 Pine Ave., Suite 200 Phone 760-613-9891 Carlsbad, CA 92008 Email klpainting@gmail.com Phone 442-339-2985 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 PR-PSA-24004P City Attorney Approved Version 5/22/2024 Page 7 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS 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. 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 PR-PSA-24004P City Attorney Approved Version 5/22/2024 Page 8 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 PR-PSA-24004P City Attorney Approved Version 5/22/2024 Page 9 30. 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. Executed by Contractor this___________ day of _______________________, 20____. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California KL Painting, Inc., a California corporation By: By: (sign here) Kyle Lancaster, Parks & Recreation Department Director Kody Kinney, President/CFO (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk N/A single signer (sign here) By: Deputy City Clerk (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Deputy / Assistant City Attorney Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 3 October 24 PR-PSA-24004P City Attorney Approved Version 5/22/2024 Page 10 EXHIBIT “A” SCOPE OF SERVICES AND FEE KL Painting, Inc. will provide as-needed painting services that may include but are not limited to surface preparation by power washing, scraping and cleaning, priming, painting, sealing, treating and cleanup. The use of as-needed additional services must be negotiated and authorized by the City prior to commencement of work. KL Painting, Inc. will provide monthly invoices sufficiently detailed to include work completed and costs for approval by City. Work will be billed on a time-and-materials basis in accordance with the Schedule of Charges below. SCHEDULE OF CHARGES LINE NO. DESCRIPTION PRICE 1 Painting Labor (includes all necessary tools owned by KL Painting, Inc.) $120.44/Hour 2 Materials Cost +15% 3 Lifting Equipment up to 25 ft. $45.00/hour Cost of Services shall not exceed forty-five thousand dollars ($45,000) per Agreement year. Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/27/2024 License # 0L78680 (866) 376-2510 (866) 376-2511 20443 KL Painting Inc 2440 Lorna Lane Carlsbad, CA 92008 20260 19445 A 2,000,000 X X C6984546721 5/27/2024 5/27/2025 100,000 5,000 2,000,000 4,000,000 4,000,000 1,000,000B 50011866901 6/27/2024 6/27/2025 1,000,000C BE018576833 5/27/2024 5/27/2025 1,000,000 Re: All Projects Additional Insured status applies to City of Carlsbad under the Commercial General Liability Policy subject to attached endorsements. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 KLPAINT-01 CPECKHAM Rock 10 Insurance Services P O Box 15608 San Diego, CA 92175 service@rock10insurance.com Continental Casualty Company Infinity Select Insurance Co. National Union Fire Ins. Co. 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F6>A 0: AG8 ?6@8 F>0[83AI %Q Y2AG >8?F83A A0 AG8 2<?E>6<38 6::0>=8= A0 AG8?8 6==2A20<61 2<?E>8=?L AG2? 2<?E>6<38 61?0 =08? <0A 6FF14 A0 K756/H 61R9:HL I:7I3:4H 50B0F3 0>I3:8710/ 015 05L3:46861F 61R9:H 6>2?2<7 0EA 0: AG8 >8<=8>2<7 0:L 0> AG8 :621E>8 A0 >8<=8>L 6<4 F>0:8??20<61 6>3G2A83AE>61L 8<72<88>2<7 0> ?E>B842<7 ?8>B238?L 2<31E=2<75 VQ NG8 F>8F6>2<7L 6FF>0B2<7L 0> :6212<7 A0 F>8F6>8 0> 6FF>0B8L @6F?L ?G0F =>6M2<7?L 0F2<20<?L >8F0>A?L ?E>B84?L :281= 0>=8>?L 3G6<78 0>=8>? 0> =>6M2<7? 6<= ?F832:236A20<?\ 0> WQ JEF8>B2?0>4L 2<?F83A20<L 6>3G2A83AE>61 0> 8<72<88>2<7 63A2B2A28?I @Q ,:6B0:H 015 )71?714:6K947:H (189:01?3 D: ?0 >8ZE2>8= U4 6 M>2AA8< 30<A>63A 0> M>2AA8< 67>88@8<AL AG2? 2<?E>6<38 M211 U8 F>2@6>4 A0L 6<= M211 <0A ?88V 30<A>2UEA20< :>0@L 0AG8> 2<?E>6<38 E<=8> MG23G AG8 6==2A20<61 2<?E>8= 2? 6 <6@8= 2<?E>8=I REA 2< 611 0AG8> 2<?A6<38?L 6<= <0AM2AG?A6<=2<7 6<4AG2<7 A0 AG8 30<A>6>4 2< AG8 30<=2A20< 8<A2A18='4J3: (189:01?3L AG2? 2<?E>6<38 M211 U8 8X38?? 0: 6<4 0AG8> 2<?E>6<38 6B6216U18 A0 AG8 6==2A20<61 2<?E>8=I C6984546721 05/27/2024 KL PAINTING INC C6984546721 KL PAINTING INC 05/27/2024 Docusign Envelope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ocusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 BEST CHOICE CONTRACTOR PROGRAM General Aggregate Limit - Per Project Endorsement CNA97898XX (4-2020)Policy No: Page 1 of 1 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes material copyrighted by Insurance Services Office, Inc. used with their permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A.all damages under Coverage A, except damages because of “bodily injury”or “property damage” included in the “products-completed operations hazard;”and B.all medical expenses under Coverage C; that arise from “occurrences”or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. II.All: A.damages under Coverage B, regardless of the number of locations or projects involved; B.damages under Coverage A, caused by “occurrences”which cannot be attributed solely to ongoing operations at a single project, except damages because of “bodily injury”or “property damage” included in the “products-completed operations hazard”; and C.medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III.The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the “occurrence”can be attributed solely to ongoing operations at a particular project. IV.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 shown in the Declarations, regardless of the number of projects involved. V.If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 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. C6984546721 05/27/2024 KL PAINTING INC Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNEDANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD 09/30/2024 Ibsen Insurance Agency LLC 414 Fourth St. Ste A Woodland CA 95695 Brenda Gonzalez 530-668-8818 530-379-2826 brenda@ibseninsurance.com K L PAINTING INC 2440 LORNA LANE Carlsbad CA 92008 Mid Century Insurance Company 21687 A Y Y A09514719 10/01/2024 10/01/2025 6 1,000,000 1,000,000 1,000,000 The City of Carlsbad is listed as Additional insured on the named Insured's workers compensation policy for all projects with the city. Waiver of Subrogation applies in favor of the certificate holder on the workers compensation policy City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta GA 92564 Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I BA20240357570 Entity Details Corporation Name KL PAINTING INC Entity No.4005361 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 2440 LORNA LANE CARLSBAD, CA 92008 Mailing Address of Corporation Mailing Address 2440 LORNA LANE CARLSBAD, CA 92008 Attention Street Address of California Office of Corporation Street Address of California Office 2440 LORNA LANE CARLSBAD, CA 92008 Officers Officer Name Officer Address Position(s) KODY L KINNEY 2440 LORNA LANE CARLSBAD, CA 92008 Chief Executive Officer, Secretary, Chief Financial Officer Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors The number of vacancies on Board of Directors is: 0 Director Name Director Address KODY L KINNEY 2440 LORNA LANE CARLSBAD, CA 92008 Agent for Service of Process Agent Name KODY L KINNEY Agent Address 2440 LORNA LANE CARLSBAD, CA 92008 Type of Business Type of Business PAINTING CONTRACTOR Email Notifications Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. STATE OF CALIFORNIA Office of the Secretary of State STATEMENT OF INFORMATION CORPORATION California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516 B2 5 2 7 - 2 3 5 0 0 2 / 2 3 / 2 0 2 4 5 : 0 7 P M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 1 of 2 For Office Use Only -FILED- File No.: BA20240357570 Date Filed: 2/23/2024 Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 I llllllll llll 111111111I111I11I 11111111111111111 IIIII 111111111111111 111111111111111 IIIII IIIII IIIII IIII IIII I I I I I I I Electronic Signature By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Kody Kinney Signature 02/23/2024 Date B2 5 2 7 - 2 3 5 1 0 2 / 2 3 / 2 0 2 4 5 : 0 7 P M R e c e i v e d b y C a l i f o r n i a S e c r e t a r y o f S t a t e Page 2 of 2 Docusign Envelope ID: 479A3CC6-338F-4FA2-879C-71BF1729A0A1 ~