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JMG Security Systems Inc; 2019-02-15; PWM19-699TRAN
DocuSign Envelope ID: 3CEC1486-BAE1-4AAD-90C2-9BEB73C24C15 Project: 4604,4605, Aviara/Poinsettia Access Points and Security Cameras Change Order No. 1 CONTRACT CHANGE ORDER NO. 1 PROJECT: Aviara Community Park & Poinsettia Community Park Access Control and Security Cameras CONTRACT NO. 4604-4605 ACCOUNT NO. 320 7000 9060 46043 9066 CONTRACTOR: JMG Security Systems, Inc. ADDRESS: 17150 New Hope Drive Suite 109 Fountain Valley, CA 92708 P.O. NO. P137061 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1: Add one access control license to IT department account for Aviara and Poinsettia Park Projects. Total cost not to exceed ...................................................................... $396.00 TOT AL INCREASE TO CONTRACT COST .................................................... $396.00 THIS SPACE INTENTIONALLY LEFT BLANK TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE DocuSign Envelope ID: 3CEC1486-BAE1-4AAD-90C2-9BEB73C24C15 7/9/2020 7/20/2020 7/20/2020 7/20/2020 Project: 4604,4605, Aviara/Poinsettia Access Points and Security Cameras Change Order No. 1 INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: MUNICIPAL PROJECTS MANAGER (DATE) ENGINEERING MANAGER (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) t-&-,,...2?,Z:0 CONTRACTOR ttf'tt--~~/14,.ADATE) DEPUTY CITY MANAGER (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING, CONTRACTOR PWM 19-699TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT AVIARA COMMUNITY PARK & POINSETTIA COMMUNITY PARK ACCESS CONTROL AND SECURITY CAMERAS: CONT. NO. 4604-4605 This agreement is made on the l 5 +~ day of ±:?"' b nA C\ \i'l.A , 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and JMG Security Systems, Inc. a California corporation, whose principal place of business is 17150 Newhope Street, Suite 109, Fountain Valley, CA 92708 (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: Steve Didier, City Project Manager. 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. Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras Page 1 of 10 City Attorney Approved 9/27/2016 PWM 19-699TRAN 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 subc~ntracto~rticipating in contract bidding. Signature: /4 <:;) Print Name: ~ :r-+u>~ 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. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras Page 2 of 10 City Attorney Approved 9/27/2016 PWM 19-699TRAN INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within the completion schedule coordinate the City to open the Pine Avenue Park Community Center after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II JMG Security Systems, Inc., a California corporation (name of Contractor) 575070 (Contractor's license number) C-7 & C10 exp. 8/31/2019 (license class. and exp. date) 1000005703 (DIR registration number) 6/30/2019 (DIR registration exp. date) Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras Page 3 of 10 17150 Newhope Street, Suite 109 (street address) Fountain Valley, CA 92708 (city/state/zip) 714-545-8882 (telephone no.) 714-545-0352 (fax no.) legaldept@imgsecurity.com (e-mail address) City Attorney Approved 9/27/2016 PWM 19-699TRAN AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR JMG SECURITY SYSTEMS, INC. a California corporation By: (print name/title) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: r, , c. HA C!-L e 1-1 .. ,1r..tJ ~ ;"'-J s c.<,,J 6c ~'--vp / c.. 0<1 (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. B~EWE~ City Attorney BY: ~ b / Deputy City Attorne-¥ Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras Page 4 of 10 City Attorney Approved 9/27/2016 PWM 19-699TRAN 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 Business Name and Address DIR Registration License No., be Subcontracted No. Classification & Expiration Date 4. S" ·;. ~!WA-~ 1.v,Jt, i:_ s A.,f <.. ltJ6COO'f2,.8z, /i ,.,,. l,M-C 10 650?,Sft llht,j~ q_ S-"/w Total % Subcontracted: _____ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras %of Total Contract q.;-/4 Page 5 of 10 City Attorney Approved 9/27/2016 PWM 19-699TRAN EXHIBIT B Contractor shall install access control and security cameras for the Aviara Community Park & Poinsettia Community Park projects as detailed below. These systems shall include all labor, taxes, fees, equipment, materials, expenses, permits, payment and performance bonds and all other costs required for complete turnkey installation. Project addresses are: Aviara Community Park 6435 Ambrosia Lane, Carlsbad, CA; and Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA. JOB QUOTATION Aviara Communitv Park Scooe of Work ITEM UNIT QTY NO. DESCRIPTION PRICE LS Install Aviara Community Park Community Building access $11,700.00 control door security system (3 doors) including operating 2 LS software, door hardware and card readers. Material, Labor and Programming Included. Equipment List: 1-Altronix ENFLOW 4 AMP Door Lock Power Supply 1-AMAG M2150-4 Door Controller 3-Electronic Door Locks 3-HID RPK40 Keypad/Proximity Reader General Information: Taxes, payment and performance bonds are included in all totals. We will require one (1) network connection and 11 0v outlet for the AMAG controller and door lock power supply device. All conduit to each door location by others. Install Aviara Community Park Community Building and Grounds Video Security Camera System at City Designated locations. Camera Termination Services Included. Taxes are included in all totals. IP Video System: • The connection to client owned 1 G POE network switch. • The installation of one (1) external Samsung PNF-9010R 9.0-megapixle vandal resistant 180/360 dome camera to monitor the external grassy area of the new park • The installation of three (3) external Samsung XNV-8080R 5.0-megapixel vandal resistant dome cameras with built in infrared technology and auto iris varifocal camera lens 2.8M/12M. • The installation of three (3) Samsung dome camera mounts (Powder coating included). • All video signals sent to the city of Carlsbad for video storage. • All video licensing provided by the city of Carlsbad on existing ONSSI platform. • All conduit with pull string provided by others. • Labor and material included for camera installation. Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras $8,632.00 Page 6 of 10 City Attorney Approved 9/27/2016 PWM 19-699TRAN Equipment List: 1 -Connection to Client Owned 1 G Network Switch 1 -Installation of Samsung PNF-9010R 9.0 Megapixel Vandal Resistant 180/360 Dome Camera 3 -Installation of Samsung XNV-B0B0R External 5.0 Megapixel Vandal Resistant Domes with IR and Auto Iris Varifocal Lens (2M-12M) 3 -Installation of Samsung Dome Camera Mounts (Powder coating included). Camera Termination Services Included. Requirements: All conduit to terminate back to MDF location, 11 0v power for network gear and one (1) static IP connection; minimum 50Mpbs bandwidth requirement to be provided by the City's IT department. All VSM software (ONSSI) licensing and programming provided by the City of Carlsbad. All Labor is Prevailing Wage. SUBTOTAL AVIARA PARK $20,332.00 Poinsettia Community Park Scope of Work ITEM NO. 3 UNIT QTY LS DESCRIPTION Install Poinsettia Community Park Community Building and Grounds Video Security Camera System at City Designated locations. Camera Termination Services Included/Lift rental included. Taxes are included in all totals. IP Video System: • The connection to client owned network switches (2). • The installation of one (1) external Samsung PNM-9080R 20.0-megapixel vandal resistant multi-sensor dome camera located on one new light pole for the new soccer field area. • The installation of three (3) external Samsung XNV-B0B0R 5.0-megapixel vandal resistant dome cameras with built in infrared technology and auto iris varifocal camera lens 2.8M/12M. • The installation of four (4) Samsung dome camera mounts with pole mount adapters. • The installation of two (2) IP extender modules. • The installation of one (1) wireless receiver unit. • The installation of one (1) wireless transmitter. • All video recording provided by the city of Carlsbad. • All video licensing provided by the city of Carlsbad on existing ONSSI platform. • All conduit with pull rope and mounting poles provided by others. • Labor and material included for camera installation. • XNV-B0B0R 5.0-Megapixel IP camera on light pole ($2,800.00 value is included in price) Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras PRICE $21,250.00 Page 7 of 10 City Attorney Approved 9/27/2016 PWM 19-699TRAN Equipment List: 2 -Connection to Client Owned 1 G Network Switches 2 -Installation of Altronix PACE1STR IP Extension Modules 2 -Installation of Ubiquiti LAP120-US Transmitter/ Receiver 1 -Installation of Samsung PNM-9080R External 20.0- Megapixel Vandal Resistant Dome Camera (1 pole location) 3 -Installation of Samsung XNV-8080R External 5.0 Megapixel Vandal Resistant Domes with IR and Auto Iris Varifocal Lens (2M-12M) (Powder Coating Included) 4 -Installation of Samsung Dome Camera Mounts W/Pole Adapters. Camera Termination Services/Lift Rental Included. Requirements: All conduit with pull rope to each camera location, poles for camera mounting, 110v power inside electrical room and 110v power in MPOE building. All VSM software (ONSSI) licensing and programming provided by the City of Carlsbad; minimum 50Mpbs bandwidth requirement to be provided by the City's IT department. Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras Page 8 of 10 SUBTOTAL POINSETTIA PARK $21,250.00 CONTRACT TOTAL I $41,582.00 I City Attorney Approved 9/27/2016 EXHIBIT C LABOR AND MATERIALS BOND Bond Number: 0705782 PWM 19-699TRAN WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to ----------~JM=G~S=E~C~U~R~ITY SYSTEMS INC. (hereinafter designated as the "Principal"), a Contract for: AVIARA COMMUNITY PARK & POINSETTIA COMMUNITY PARK ACCESS CONTROL AND SECURITY CAMERAS CONTRACT NO. 4604-4605 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, JMG Security Systems, Inc., as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty-one thousand five hundred eighty-two dollars ($41,582), 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. Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras Page 9 of 10 City Attorney Approved 9/27/2016 PWM 19-699TRAN 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. Executed by CONTRACTOR this __ 1_1_-t:tJ __ _ day ,,-, of 0A-rJt#J 1 7 , 2019. CONTRACTOR: JM G Security Systems, Inc. By: __ d ___ n_a_~~e~cz:_c_o_n_a_c_to-r) _____ _ ,,,,.,:-(sign here) \Ce,~ ~A-u~ ·~ (print name here) f k~ '";.t~ c_-e:-o (title and or anization of signatory) By: ~__;,A .,., C,,c& .. < ----- (sign here) /l?tu..l,,O,{:''-A Cµ.c,; ~.r._z .-./ (print name here) ~ vp/~oo /.r<'C.. (title and organization of signatory) Executed by SURETY this _1_4_th ____ day of January , 2019. SURETY: International Fidelity Insurance Company (name of Surety) 2400 East Katella Avenue, Suite 250 Anaheim, CA 92806 (address of Surety) 714-602-9170 (telephone number of Surety) By:~::: ;;:;: : . ( signature of Attorney-in -Feet) Mike Melshenker (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney X By r ~/ Deputy CityAffi5rney ~ Aviara Community Park & Poinsettia Community Park Access Control & Security Cameras Page 10 of 10 City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT '~ 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 Ventura On 1/14/2019 before me, Joni M. Boole, Notary Public, personally appeared Mike Melshenker 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 PENAL TY OF PERJURY under the laws of The State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JONI M. BOOLE 0 COMM . #2240073 z o:: • e Notary Public • California ~ z ,-.. Ventura County ~ i .., 'a::~ 0 MX C£m~. E_;<pi~es Apr. 270 20]2 f OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER □INDIVIDUAL □CORPORATE OFFICER TITLES(S) □PARTNERS □LIMITED □GENERAL ~ATTORNEY-IN-FACT □TRUSTEE(S) □GUARDIAN/CONSERVATOR □OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond # 0705782 One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JONI BOOLE, KIPTON KELLER, MICHAEL J. MELSHENKER Ventura, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2017 STATE OF NEW JERSEY County of Essex George R. James Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) On this 31st day of December, 2017 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY !NSURANCf COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said' companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney ha:; not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January 14, 2019 A00859 Maria H. Branco, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Orn YJ8f-. On ,.Jo_y, 11, 2o19 before me,V eban>-Y1 ft1etr6 ~ ~D:es,.. n~r-VJ fMt>.Ji 'c...., Date I J -·-Here Insert Name and Title of the Officer personally appeared -~-enrie-¼ c_. "JCLQ.ot)':::, g.nd N1 ' mae) e. Chn's+en Sen Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pers~).__ whose name(s) ;~ subscr~1be to the within inf'trument and acknowledged to me that hetsl:l~executed the same in htsfher eir authorized capacity(ies), and that by ~r.ffneii);ignature(s) on the instrument the person(s), or the en ity upon behalf of which the person(s) acted, e~ted the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ~~ ~ Signature_---L.~---==c...==-c=---'1-------- Signature of Notary Public ----------------oPTTONAL---------------- 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 , l Title or Type of Document: ~Y-lt W,-\.en~s ~--c:f) Document Date: l 17 I J '1 • Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(sl 1 _ 1~ 1 , l/l l I) n 1 ~ L Signer's Name: ~\1 e\:t) ~. .J °'-e6 ° '7 Signer's Name: f'-'\ I Cr IC{€, t' · 1._...,V I n ~-,e:t¼-en ~Corporate Officer -Title(s): P9e.-i&1'ru-A+ ~ Corporate Officer -Title(s): COO I e VP I Sec.. □ Partner -□ Limited □ General □ Partner -□ Limited □ General r ' □ Individual □ Attorney in Fact □ Individual D Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other:_______________ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IFIC I-----► Sru,ety GROUP PERFORMANCE BOND Bond No.0705782 Premium-: $.,...7 __ 4_1._0_0 ___ _ KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, JMG Security Systems, Inc. as Principal, and International Fidelity Insurance Company with its home office at One Newark Center, 20th Floor, Newark, New Jersey 07102, a corporation organized and existing under and by virtue of the laws of State of New Jersey , and duly authorized to transact business in the State of California , as Surety, are held and firmly bound unto The City of Carlsbad (hereinafter referred to as "Obligee") in the penal sum of Forty One Thousand Five Hundred and Eighty Two and no/100 Dollars ($41,582.00 ) dollars, for payment of which well and truly to be made contingent upon all of the terms and conditions hereof, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. SIGNED and sealed this 14th day of January 20 .!2..__ THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named Principal did on the i 5~day of K hn.lfi\,n.A 20.19,, enter into a written contract with the . J Obligee for A VIARA COMMUNITY PARK & POINSETTIA COMMUNITY PARK ACCESS CONTROL AND SECURITY CAMERAS CONTRACT NO. 4604-4605 (hereinafter "the Contract"). NOW, if the said JMG Security Systems, Inc. shall well and faithfully do and perform the things agreed by The City of Carlsbad to be done and performed according to the terms of the said Contract, we agreeing and assenting that this undertaking shall be for the benefit of the Obligee herein only; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the total liability of the Surety hereunder shall in no event exceed the penal amount of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments issued by the Surety under this bond, whether to Obligee, to or on behalf of Principal and/or in fmtherance of the performance or satisfaction of Surety's obligations hereunder in any way (including but not limited to costs incurred in undertaking or arranging to perform any work under or in connection with the Contract), are to be credited against the penal amount of the bond. Further, Obligee hereby waives notice of the Surety's issuance, undertaking or agreement to issue any such payment(s) and/or incur any such costs and Obligee covenants and agrees that the Surety may cease any and all work, payments or other performance hereunder of any kind whatsoever at any time that the penal amount of the bond has been reached or that the Surety deems the penal amount will be reached due to obligations incurred by the Surety (whether or not payment has been issued therefor); all without any requirement of prior notice to Obligee, and that any and all further obligations of Surety hereunder shall thereupon be deemed fully and unconditionally discharged. \ If there is no Obligee Default, the Obligee having performed all of its obligations under the Contract, the Surety's obligation to the Obligee under this bond shall arise after: a) The Obligee has notified the Principal and the Surety at its address described above that the Obligee is considering declaring a default and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract. If the Obligee, the Principal and the Surety agree, the Principal shall be allowed a reasonable time to perfonn the Contract, but such an agreement shall not waive the Obligee's right, if any, subsequently to declare a default; and b) The Obligee has declared a default and formally terminated the Principal's right to complete the Contract in accordance with the terms of the Contract. Such default and termination shall not be declared earlier than twenty (20) days after the Principal and the Surety have received notice as provided in subparagraph a above; and c) The Obligee has agreed to pay the balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a contractor selected to perform the Contract in accordance with the terms of the Contract. When the Obligee has satisfied the conditions of subparagraphs a through c of the preceding section, the Surety shall promptly and at the Surety's expense take one of the following actions: a) Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or b) Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or c) Obtain bids or negotiated proposals from qualified contractors acceptable to the Obligee for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the Obligee and the contractor selected with the Obligee's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the Obligee the completion costs in excess of the balance of the Contract Price only; or d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Obligee, subject to all of the limitations as set forth herein and particularly in subparagraph c above, and as soon as practicable after the amount is determined, tender payment therefore to the Obligee; or 2. Deny liability in whole or in part and notify the Obligee citing reasons therefore. 2 Surety's liability to Obligee hereunder is limited to the reasonable costs of completion of the Contract in excess of the balance of the Contract Price, and Surety shall not be liable for any other claims, costs, losses or expenses of Obligee or any other party of any nature whatsoever. Obligee agrees that amounts owed by Obligee to the Principal under the Contract shall be used for the performance of the Contract and to pay valid claims by subcontractors, suppliers and/or others providing labor, materials and/or equipment to or on behalf of the Principal in the performance of the Contract. By the Principal furnishing and the Obligee accepting this bond, they agree that all funds earned by the Principal in the performance of the Contract are dedicated to satisfy the obligations of the Principal and Surety under this bond. The Obligee further agrees that Surety shall not be liable to Obligee or others for obligations of the Principal that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations or by any other claims of Obligee or others. No suit or action shall be commenced hereunder by Obligee: 1. After the expiration of one (1) year following the date on which Principal ceased work on said Contract or Obligee declared Principal in default, whichever occurs first, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; 2. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the District in which the project, or any part thereof, is situated, and not elsewhere. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Definitions: a) Balance of the Contract Price: The total amount payable by the Obligee to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received by the Obligee in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract. b) Contract: The agreement between the Obligee and the Contractor identified on the signature page, including all Contract Documents and changes thereto. c) Principal Default: Failure of the Principal, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. d) Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay the Principal as required by the Contract or to perform and complete or comply with the other terms thereof. 3 JMG Security Systems, Inc. Attest: ________ _ Principal:~ 'C. ~, fe&,-/(~v International Fidelity Insurance Company Attest ________ _ Attorney-In-Fact (Seal) 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ''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 Ventura On 1/14/2019 before me, Joni M. Boole , Notary Public, personally appeared Mike Melshenker 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 PENAL TY OF PERJURY under the laws of The State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .,..,"""'"""'""., ., • JONi M. BOO LE • ., t COMM . #2240073 z e Notary Public • California ~ Ventura County ~ M Comm. Expires Apr. 27, 2022 ~lie OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER □INDIVIDUAL □CORPORATE OFFICER TITLES(S) □PARTNERS □LIMITED □GENERAL [8'.IATTORNEY-IN-FACT □TRUSTEE(S) □GUARDIAN/CONSERVATOR □OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond # 0705782 One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JONI BOOLE, KIPTON KELLER, MICHAEL J. MELSHENKER Ventura, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 1 oth day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2017 STATE OF NEW JERSEY County of Essex George R. James Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) On this 31st day of December, 2017 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and tile copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, January 14, 2019 A00859 Maria H. Branco, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 ) Count_y of C)ro, V]Be, . ) ,1· _,,, . , On J® 17, '2-0/9 before me, beJ::nvz;y,~ Metr1-t.;6tL ~1 Ylo\p.vyt p.,t.k:>l 1 ,c.__, Date 0 Here Insert Naiire and Title of the Officer personally appeared ~nne.++i Q · J 0..0.0VJS ,, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name~ @ ar-e- subscribed to the within instrument and 0cknowledged to me that(W}.;;Ae/-#ley executed the same in @li~ir authorized capacity(i08'), and that befh.eJ:.41:1eir signature(p)' on the instrument the person{i), or the entity upon behalf of which the person(¢) acted, executed the instrument. ,············i DEBORAH MARISSA DEMES : ~ Notary Public • California I • Orange County ! • Commission# 2233192 - My Co}T1m. Expires Mar 4, 2022· Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc WITNESS mY, Public ---------------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 .rl 1 Title or Type of Document: ~~\"Yt\f'-v'\ ce ~ne\ Document Date: _I ~'-I J~l_t Oi~'---- Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) 1 ?igner's Name: ..\te()\"ie--+h C • -....JC,LC.0\o"":? m orporate Officer -Title(s): fuSl):Ml'lr □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □Other: ______________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual O Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACORD®· CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/ODNYYY) ~ 7/31/2018 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 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 ~2~1~CT Jessica Wilkison Tolman & Wiker Insurance Services LLC #0E52073 ;,,~gN:o Evt\• {661) 616-4700 I FAX (AJC No\: (661) 616-4500 5001 California Ave. ftlJ~ss: jwilkison@tolmanandwiker .com Suite 150 INSURER(S) AFFORDING COVERAGE NAIC# Bakersfield CA 93309 INSURER A :Everest Indemnity Ins Co 10851 INSURED INSURER B :Everest Premier Ins Co 16045 JMG Security Systems , Inc. INSURER C :Everest National Ins Co 10120 INSURERD : 17150 Newhope #109 INSURERE: Fountain Valley CA 92708 INSURER F : COVERAGES CERTIFICATE NUMBER:18/19 GL/UMB/WC/CR REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD W\Jn POLICY NUMBER CMM/DDNYYY\ CMM/ODNYYY\ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 ~ ~ CLAIMS-MADE LJLJ OCCUR DAMAGE TO RENTED A PREMISES /Ea occurrence\ $ 500,000 L Errors & Omissions X 51GL013901181 8/1/2018 8/1/2019 MED EXP (Any one person) $ 10,000 L $1,000 Deductible PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 f4 □PRO-D Loc PRODUCTS -COMP/OP AGG 2,000,000 POLICY JECT $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ ~ ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS Agency Does Not Write BODILY INJURY (Per accident) $ ~ -NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident\ $ ~ - $ X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 5 000 000 ~ A EXCESS LIAB CLAIMS-MADE 51CC005026181 8/1/2018 8/1/2019 AGGREGATE $ 5 000 000 OED I I RETENTION$ (Follows GL, PL & WC} $ WORKERS COMPENSATION XI ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [!] EL EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) y 5300003299181 8/1/2018 8/1/2019 EL DISEASE -EA EMPLOYEE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ 1 000 000 C Employee Dishonesty 51CR000226181 8/1/2018 8/1/2019 Limit 100,000 Deductible 2 ,500 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL : The City of Carlsbad is Additional Insured as respects to operations of the Named Insured per form {GL)ECG205990509. WC: A Waiver of Subrogation is added in favor of the Additional Insured per form {WC)WC040306, Endorsements apply only as required by current written contract on file. CERTIFICATE HOLDER CANCELLATION certificates-carlsbad@risk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668-ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE Shaun Kelly/ASHLES ~~ © 1988-2014ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 1?014011 The ACORD name and logo are registered marks of ACORD / ./ Policy Number: 51GL013901181 COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU INCLUDING COMPLETED OPERATIONS 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 opera- tions, but only when you and such person or or- ganization have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in- sured only with respect to liability for "bodily in- jury", "property damage" or "personal and adver- tising injury" but only to the extent 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 work" for an addi- tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the writ- ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D. With respect to the insurance afforded to an additional insured, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury'', "property damage" or "personal and advertising injury'' arising out of any act or omission of an additional insured or any of its employees. 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any archi- tectural, 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 specifica- tions; or (b) Supervisory, inspection, architectural or engineering activities. 3. "Bodily injury", "property damage" or "personal and advertising injury" arising out of any con- struction projects that are part of a consoli- dated (wrap-up) insurance program. This ex- clusion also applies to any: (a) Work or operations performed; or (b) Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are per- formed or furnished at the location of the wrap-up construction project or anywhere else. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Policy Number: 51GL013901181 COMMERCIAL GENERAL LIABILITY ECG 24 520 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -OTHER INSURANCE (PRIMARY NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 4. Other Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: a. Primary Insurance This insurance is primary except when b. be- low applies. If this insurance is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below, except that we will not seek contribution from any party with whom you have agreed in a written contract or agreement that this insurance will be primary and noncontributory, if the written contract or agreement was made prior to the subject "oc- currence" or offense. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or simi- lar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily In- jury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured by attachment of an en- dorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the in- sured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with . any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each insurer con- tributes equal amounts until it has paid its ap- plicable limit of insurance or none of the loss remains, whichever comes first. ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 □ PolicyNumber: 51GL013901181 COMMERCIAL GENERAL LIABILITY ECG 24 522 04 02 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY CONTRACT (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 - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your operations or "your work" done under a written agreement that requires you to waive your rights of recovery. The written agreement must be made prior to the date of the "occurrence". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 522 04 02 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ID WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THI S WAIVER. JOB DESCRIPTION -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. INSURED COPY