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Planes Boats and Automobiles LTD dba PBA LTD; 2020-11-12; PWM21-1283TRAN
PWM21-1283TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CARLSBAD VILLAGE DRIVE BEACH ACCESS DRAINAGE REPAIR; CONT. NO. 6057 This agreement is made on the k1A/L day of 001-1001/0 e-r , 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Planes Boats & Automobiles LTD., a California corporation, dba PBA LTD, whose principal place of business is 2029 East Mission Ave., Escondido, CA 92027 (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, 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: Daniel Zimny (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 1 of 8 City Attorney Approved 1/22/2020 PWM21-1283TRAN FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcopkactoi from participating in contract bidding. Signature: %LC Print Name: Kevin Doherty REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than $1,000,000 Property damage insurance in an amount of not less than $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 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 Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 2 of 8 City Attorney Approved 1/22/2020 PVVM21-1283TRAN 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 (101 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty (40) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. PBA LTD 2029 East Mission Ave. (name of Contractor) (street address) 816826 Escondido, CA 92027 (Contractor's license number) A & B - General Engineering & Building Contractor 1/31/21 (license class, and exp. date) 1000018273 (city/state/zip) 760-801-5238 (telephone no.) 760-729-7913 (DIR registration number) (fax no.) 6/30/22 kevin.pbalimited@gmail.com (DIR registration exp. date) (e-mail address) Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 3 of 8 City Attorney Approved 1/22/2020 CONTRACTOR Planes Boats and Automobiles, LTD., a California corporation, dba PBA LTD By: (sign here CELIA A. EWE , City Attorney PWM21-1283TRAN 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. Kevin Doherty, Vice President & Secretary (print name/title) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: a Paz Gam Deputy City Manag r, Public Works, a authorized by th City anager ZookL?Ki (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: A istant Cit)Attorney BY: Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 4 of 8 City Attorney Approved 1/22/2020 WITNESS my nd official seal. DAREN VASS , COfv141. #2264054 NOTARY PUBLIC-CAUFORNA Signa re SAN ()SEGO COUNTY My Comm Ens November 21, 2022 Signature of Notary Public Cr 7-7777171','' .,LLL-7771. 3E ACICHOWLEDGMEFT CIVIL CODE § 1189 • Wirs.t./aZ-1.-SteVW,41 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 94 C.'"lei On 74 ‘76<'544--202-e' before me, \145'7:tJCII Date personally appeared Name(K of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/ete subscribed to the within instrument and acknowledged to me that he/se/thy executed the same in his/her/th$ authorized capacity(ies), and that by his/he6their signature(Wbn the instrument the person(), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above 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 13c., Title or Type of Document: p -40— rikv. tuywc-- -2464ocument Date: P Here Insert Name and Title of the Officer — 114A 01414,11 Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 111 Partner — 11] Limited 0 General El Individual Cl Attorney in Fact 17] Trustee 0 Guardian or Conservator El Other: Signer Is Representing: Named Above: Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited Li General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer Is Representing: ee4 ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWt21- 283TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE" SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE , Total % Subcontracted: 0% Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 5 of 8 City Attorney Approved 1/22/2020 PW 2 283TRAN EXHIBIT B CARLSBAD VILLAGE DRIVE BEACH ACCESS DRAINAGE REPAIR JOB QUOTATION Contactor's proposal provided in Appendix A. ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Lump Sum 1 Install two (2) 12" storm drain pipes from an existing clean out structure and reconstruct secondary overflow swale (approximately 30 feet) $59,800 TOTAL* $59,800 , *Includes taxes, fees, expenses and all other costs. Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 6 of 8 City Attorney Approved 1/22/2020 Bond Number:UCSX372X3302 Premium: $1,943.00 PWM21-1283TRAN EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Planes Boats and Automobiles, LTD. a California corporation dba PBA LTD (hereinafter designated as the "Principal"), a Contract for: CARLSBAD VILLAGE DRIVE BEACH ACCESS DRAINAGE REPAIR CONTRACT NO. 6057 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, Planes Boats and Automobiles, LTD., 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 fifty-nine thousand eight hundred dollars ($59,800), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 7 of 8 City Attorney Approved 1/22/2020 PBA LTD (Princi (Signature) By: By: 1 A (Signature) (SEAL) United SureV Insurance Company (SEAL) Su rpty) ze6 v (Name/Tittr PWM21-1283TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 2nd day of November , 20 20 Kelly A. Specht, Attorney-in-Fact (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELI BREWER City Attorn By: Ass! ant City Attorney Carlsbad Village Drive Beach Access Drainage Repair; CONT. NO. 6057 Page 8 of 8 City Attorney Approved 1/22/2020 I N " Kelly A. Specht fvma of Signer (1) personally appeared SS al seal. _ and and offi California All-Purpose Certificate of Acknowledgment State of California County of Orange On November 2, 2020 before me, Bethany Mercer, Notary Public Name ,DNolary Public, Title who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is .4st, sos, true and correct. Seal ubho AL INFORMATION Although the in for na io this section is not 4equird by law, it could prevent fraudulent removal and reattachment of ecknowledgh ent to an unauthorized docu nent and may prove useful to persons relying on the attached document. Description of ttached Document The preceding Certi icate of Acknowledgmetit is attached to a document titled/for the\ urpose of Payment Bond#UCSX372X3 containing 2 pages, and dated November 2, 2020 The signer(s) capacity or authority is/are as: Page # Entry # O Individual(s) Notary contact: X1 Attorney-in-fact O Corporate Officer(s) Other Additional Signer 7 Signer(s) Thumbprints(s) • Guardian/Conservator O Partner - Limited/General • Trustee(s) O Other: representing: United Surety Insurance Company Method of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification 7 credible witness(es) Notarial event is detailed in notary journal on: i.1.104,R., IAS 1,,,,,E1,1,11, I Al I S., KN“ AUK. rWI.1,115,11. BE—HA‘IY MERCER NC7.31 P..Ojc- Ca:itornia 0r3nge County Commissio=t = 2207129 My Com:r.. Expires Jot 27, 2021 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. © 2009-2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form from our web site at w.TheNotarysStore.corn D 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 A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Michael Herranen, Bethany Mercer 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. This Power of Attorney shall expire without further action on December 31", 2023. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1' day of July, 1993: Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and 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 1st day of August, 2019. ..... .• opPOPL.0, - SEAL - c,000. Vifs SEAL UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company Corporate Seals Joel R. Chachkes, Treasurer Commonwealth of Massachusetts County of Suffolk ss: On this 1st day of August, 2019, before me, Thomas P. Carrigan, Jr., a notary public, personally appeared Joel R. Chachkes, 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 (Seal) Thomas P. Carrigan, Jr., Notary PL(blic Commission Expires: 10/31/2025 THOMAS P. CARRIGAN, JR. Notary Public, Commonwealth of Massachusetts My Commission Expires October 31,2025 I, Robert F. Thomas, Chief Operating Officer 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. 11129 — _1,_____ In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this day of i Corporate Seals • , If v 1,r, a"....7 , -5 SEAL SEAL SEAL t, . - r Robert F. Thomas, Chief Operating Officer TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM Signatur, iciure of Notary Public CALIFOFLI rt: ALL-PURPOSE! F..CKNOWLI=L __ErLEAT CIVIL CODE § 1189 ,,,ZWIZIAT:(4/,444T•Wre.C./TAI: -CigtattA;s1t.t.vt.,43.4"-sclt wt.4-41/rest/raW,AstertelAt.ARstArmt A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) , Digel County of On '1...0 c7c.....r,..96-t--`472....g, before me, b4V-i-J \415s. (7C1-1--1 Date Here Insert Name and Title of the Officer personally appeared ' 14(7A 114 0-J1474eti — Name(0 of Signers) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(p) is/qe subscribed to the within instrument and acknowledged to me that he/se/they executed the same in his/her/th* authorized capacity(ies), and that by his/her'/their signature(Won the instrument the person(), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rdedmiaamegamismaishodialwamei DAREN VASS COMM. #2264064 NOTARY PUSUC-CAUFORNIA SAN DIEGO COUNTY . My Comm. Echo November 21,2022 WITNESS my hancLand official seal. Place Notaty Seal Above 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: ifrviOtet+Ay" (52111' Number of Pages: Signer(s) Other Than Named Above: Document Date: tA5d1f Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): 0 Partner — II Limited 0 General 0 Individual El Attorney in Fact El Trustee El Guardian or Conservator LI Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): El Partner — El Limited [I] General LI Individual El Attorney in Fact El Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 219A..1-(4-WASV.,4\ Le./4-cte/iWANAW ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 APPENDIX A CONTRACTOR'S PROPOSAL so ; LTD PROPOSAL TO: FROM: Daniel Zimny Kevin Doherty COMPANY: DATE: City of Carlsbad SEPTEMBER 28,2020 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 2 PHONE NUMBER: RE: (760) 801-5238 Public Access on Ocean St Carlsbad Village Dr. Scope: Install 2 - 12" Drains from D-Box to Beach, approximate 30' Demo Existing spillway, approximately 6' to 7' wide by 35' long Remove 2 existing 6' drainpipes from D-box to Beach, 35' Install 2— 12" from D-box to Beach Concrete Lug into D-box at the point of connection Backfdl & compact, grade new swale Place back existing boulders ready for concrete Pour back with 4000 psi concrete approximate 4" to 5" thick & hard embed 4" to 6" Cobble around boulders & entire new flow line Safety Includes the Following Set temporary fence on beach in the work zone for the length of the project Orange plastic fence on Deliators to block off 1/2 of stgir access during construction Full closer during Demo only Tractor (Until Finished use of it) will set on Improvement area, off the beach at night NOTES: All Permits by City of Carlsbad Water by City of Carlsbad No Parking along project & adjacent to, During construction hours, 4 spaces Access to beach with Loader, Excavator thru Normandy Lane Access Total Labor, Equipment and Materials, $59,800.00 2029 E. MISSION AVE, ESCONDIDO CA 92027 PH: 760/801-5238 LICENSE # 816826 APPENDIX B OCEAN STREET COBBLE & BOULDER SPECIFICATION Ocean Street Beach Access Project No. 6057 B. Cobble mulch: 1. Cobble shall be Mission Cobble by Southwest Boulder and Stone, or approved equal. 2. Shape: rounded 3. Size: 3"- 6" 2.13 BOULDERS A. Boulders shall be type Brown Ale by Southwest Boulder and Stone, or approved equal. 1. Shape: angular 2. Size: 2'x2' and 3'x3' 2.14 FILTER FABRIC A. Spun-bonded polypropylene with UV inhibitors, non-degrading geotextile fabric that blocks 95% of weed growth and is permeable to air, water, gasses and fertilizer. Mirafi or equal. B. Properties: 1. Unit Weight: 3.0 oz/yds2 2. Tensile Strength: 135 pounds 3. Puncture Strength: 35 pounds 4. Air Opening Size: 60/70 equivalent sieve 5. Elongation at Break: <70% 6. Trap Tear: 50 pounds 7. Flux: 70 gal/ft2/min 8. Permittivity: 1.2 sec-2 9. Color: Black PART 3- EXECUTION 3.1 INSPECTION AND PREPARATION: A. Site acceptance: 1. The Contractor shall be responsible for coordinating his work with the General Contractor and other Sub-Contractors so no damage occurs to plantings after installation. 2. The Contractor shall be responsible for verifying grades and site conditions before beginning work. No change in Contract price will be owed for actual or claimed discrepancy between existing grade and those shown on the plan after Contractor has accepted existing grades and moved on the site. B. General: The areas to receive shrubs, ground covers, seed planting, and other vegetation and their respective requirements for imported soil, fertilizer applications, soil amendments, and other treatments shall be as defined on the drawings. Equipment necessary for preparation of the ground surface and for handling and placing all required material shall be readily available and in proper working condition. PLANTS 32 93 00 Page 19 of 35 APPENDIX C COASTAL DEVELOPMENT PERMIT PLANNING COMMISSION RESOLUTION NO. 7189 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 16-23 TO ALLOW FOR IMPROVEMENTS AT SEVEN (7) PUBLIC BEACH ACCESSES ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET, NORTH OF OAK AVENUE, TO RUE DES CHATEAUX IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: OCEAN STREET BEACH ACCESS IMPROVEMENTS CASE NO: CDP 16-23 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as Public right-of-way on a portion of Ocean Street between Oak Avenue and Rue Des Chateaux; public right-of-way for the Carlsbad Village Drive and Grand Avenue accesses; and within the public access easements located on a portion of the following parcels: 203-251-05-00 (Oak Avenue); 203-235-03-00 (Christiansen Way); 203- 140-38-00 (Beech Avenue); 203-140-28-02 (Cypress Avenue); and 203- 010-19-00 (Rue Des Chateaux) ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" — "M" dated August 17, 2016, attached hereto and on file in the Carlsbad Planning Division, OCEAN STREET BEACH ACCESS IMPROVEMENTS — CDP 16-23, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 17, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES OCEAN STREET BEACH ACCESS IMPROVEMENTS — CDP 16-23, based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed project is consistent with, or otherwise implements, the following Mello II LCP policies: a. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because most of the work will be within public access easements or within the public right-of-way and will either be replanted with native drought tolerant vegetation or the existing vegetation will remain, which will eliminate the possibility of erosion. b. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because development proposed in areas of steep slopes (equal to or greater than 25% gradient), will primarily be the removal of vegetation and/or replanting and some flat work to widen sections of stairways and landings. The project also complies because the project will implement a Storm Water Pollution Prevention Plan (SWPPP) during the construction phase and a Storm Water Quality Management Plan (SWQMP) for permanent post construction storm water pollution control 'best management practices' (BMPs) that provide long term storm water treatment to insure proper storm water quality measures during and after construction. c. Carlsbad LCP Mello Il Policy 4-4 Removal of Native Vegetation. The project complies because it will not remove any native vegetation with the project. d. Carlsbad LCP Mello ll Policy 4-5 Soil Erosion Control Practices and Policy 4-6 Sediment Control Practices. The project complies because onsite erosion will be avoided and sediment controlled through the use of silt fences, sandbags and/or straw mulch rolls being placed around excavated areas during the construction period. e. Carlsbad LCP Mello II Policy 7-2 Shoreline Access Signage. The project complies because public beach access signage will be installed at each of the seven (7) beach access ways, located on the west side of Ocean Street. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the proposed improvements will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the previously graded site, nor are there any sensitive resources located on the developable portion of the site. The proposed public accesses are not located in an area of known geologic instability and are located outside a flood hazard area. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. The subject property does not include the removal of existing native vegetation. Development proposed in areas of steep slopes (equal to or greater than 25% gradient), will primarily be the removal of non-native, ornamental vegetation and/or replanting and some flat work to widen sections of stairways and landings. In addition, the site is not PC RESO NO. 7189 -2- 4. The proposed development complies with all applicable requirements of the Coastal Shoreline Development Overlay Zone in that the project includes refurbishing and improving seven (7) public beach accesses, including adding benches, bike racks, trash/recycling receptacles and ADA accessible landings. The project also includes public beach access signage and ten-foot wide concrete paver crosswalks to make the accesses more visible to the public. No new access improvements will extend westward/seaward of the existing access improvements, which will preserve the ocean views. 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Planning General Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit or grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found PC RESO NO. 7189 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 6. This approval shall become null and void if the issuance of a building permit or grading permit, whichever occurs first, are not issued for this project within 24 months from the date of project approval. Engineering General 7. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 8. All technical studies (i.e. SWCIMP, drainage studies, soils reports, etc.) are considered preliminary during discretionary review and are subject to additional review and modification during final design. Grading 9. Based upon a review of the proposed grading shown on the site plan, a grading permit for this project may be required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 10. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 11 Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 12 Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. PC RESO NO. 7189 -4- 13 If final construction drawings indicate that this project is subject to 'Priority Development Project' requirements, applicant shall prepare a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. 14 Applicant is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 15 Applicant is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7189 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 17, 2016, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux, Montgomery, and Siekmann NOES: ABSENT: Commissioner Goyarts ABSTAIN: VE YN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 24€(4 DON NEU City Planner PC RESO NO. 7189 -6- A, coRb® CERTIFICATE C - 11 .1 FILITY IN:Ail _. CE lierr----. DATE (MM/DDNYYY) 10/21/2020 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 E360 INSURANCE SERVICES 16542 Ventura Blvd 4300 Encino CA 91436 CONTACT Mahan Karimian NAME: PHONE Ext): (888) 862-6750 FAX 1A/C, No): (888) 256-0809 E-MAIL ADDRESS: Mahan@e360insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: BENCHMARK INSURANCE COMPANY 41394 INSURED P.B.A. LTD. (Planes, Boats, and Autos) 2029 E. Mission Ave Escondido CA 92027 INSURER B: NATIONAL GENERAL , 29742 INSURER C: NAUTILUS INSURANCE COMPANY 17370 INSURER D: STATE FUND 35076 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBE • 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 TYPE OF INSURANCE ADDL INSD SUER INVD POLICY NUMBER POLICY EFF (MM)DDNYYY) POLICY EXP (MM/DDNYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y BIC5020353 10/12/2020 10/12/2021 EACH OCCURRENCE $ 1,000,000 CLA1MS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO-JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY Sko if-N SCHEDULED AUTOS NON-OWNED AUTOS ONLY Y 2006201912 03/07/2020 03/07/2021 (OE0aMal3cclIdEeDoeNGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE AN075317 , 03/13/2020 10/12/2021 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ D • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN y N/A 9219205-20 09/30/2020 • ER 09/30/2021 s../ irs PER STATUTE OTH- EL. EACH ACCIDENT $ 1,000,000 EL, DISEASE - EA EMPLOYEE $ 1,000,000 EL. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad/CMWD is Included as Additional Insured In Respects to the Commercial General Liability Policy. Waiver of Subrogation in Respects to the Workers Compensation Policy. 10 Days Notice of Cancellation for Non-Payment of Premium, 30 Days for all other Cancellation. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO BOX 4668 -ECM 435050 New York NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BIC5020353 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 10/12/2020 CG 29 88 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV) is amended by the addition of the following: We waive any rights of recovery we may have against the person or organization shown in the Schedule above because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations. This waiver applies only to the person or organization shown in the Schedule above. CG 29 88 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured, but only for "occurrences" or coverages not otherwise excluded in the Coverage Part to which this endorsement applies. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. Status as an additional insured for the person or organization to which this endorsement applies: 1. Commences during the policy period and after such written contract or agreement has been executed; and 2. Ends when: a. Your ongoing operations for that additional insured are completed; b. The contractor's contract or agreement is terminated; or c. Your policy cancels or expires; whichever occurs first C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply: This insurance does not apply to: 1 "Bodily injury", "property damage", "personal and advertising injury" or medical payments arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering, or surveying services. L805 (10/19) Includes copyrighted material from Insurance Services Office, Inc., with its permission. Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. D. With respect to the insurance afforded to the additional insured, the following is added to Section Ill — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. E. The following is added to 4.a. of Other Insurance of Section IV - Commercial General Liability Conditions: If required in a written contract, the Coverage Part to which this endorsement applies is primary and noncontributory in the event of an "occurrence" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf that occurs while performing ongoing operations for the additional insured. All other terms and conditions remain unchanged. L805 (10/19) Includes copyrighted material from Insurance Services Office, Inc., with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an ' additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 33 12 19 POLICY NUMBER: BIC5020353 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 10/12/2020 CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ALL INSURED'S CONTRACTED CLIENTS ALL CALIFORNIA OPERATIONS 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. 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. CG 20 37 12 19 © Insurance Services Offiee, Inc., 2018 Page 1 of 1