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HomeMy WebLinkAbout2019 CON La Jolla Pools - Las Palmas Municipal Pool Services (3)SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LA JOLLA POOLS INC. THIS AGREEMENT is entered into this 12th day of December, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), LA JOLLA POOLS INC., a California Corporation (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide the following services as outlined in attached proposal, Exhibit "A". 2. Length of Agreement. The schedule is set forth below: The duration of this Agreement is from December 12, 2019 through June 30, 2020. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $58,750. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates stated in Exhibits "A" and "B" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day's written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and separate additional insured endorsements shall be provided. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. I. Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all insurance policies required by this Section 7 in full force and effect at all times during the term of this Agreement, the CITY Standard Short Fonn Agreement Page 2 of 6 City of National City and Revised May 2019 LA JOLLA POOLS 1NC., FY20 may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 7, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. L. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 8. Indemnification and Hold Harmless. To the maximum extent provided by law, the CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 9. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 9.1 PERS Eligibility Indemnification. If CONTRACTOR'S employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 9. This Section 9 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. Standard Short Form Agreement Page 3 of 6 City of National City and Revised May 2019 LA JOLLA POOLS 1NC., FY20 9.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 9.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 10. Acceptability of Work. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 11. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 12. Prevailing Wages. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 13. Administrative Provisions. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Standard Short Form Agreement Page 4 of 6 City of National City and Revised May 2019 LA JOLLA POOLS 1NC., FY20 E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONTRACTOR shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. /// /// /// /// Standard Short Form Agreement Page 5 of 6 City of National City and Revised May 2019 LA JOLLA POOLS INC., FY20 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY LA JOLLA POOLS INC., a California Corporation By: aulston, City Manager APPROVED AS TO FORM: By: Mom'-J Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 336-4585 Fax: (619) 336-4397 Contact: Arturo Gonzalez Title: Facilities Maintenance Supervisor Dep.: Engineering & Public Works Email: arturog@nationalcityca.gov By: (Name) k � (Print) (Title) LA JOLLA POOLS INC. 4937 Cass Street San Diego, CA 92109 Phone: 858-483-4500 Fax: 775-831-7873 Contact: Bart Jacobs Title: Owner Email: ljpoolsl@gmail.com Taxpayer I.D. No.: 20-4747281 Standard Short Form Agreement Page 6 of 6 City of National City and Revised May 2019 LA JOLLA POOLS 1NC., FY20 UC6 885260 National City Community Pool E. 22nd St. National City 12-13-19 EXHIBIT A (1 OF 2) • CONSTRUCTION • RE -MODELS • REPAIRS • AUTOMATION • MAIN DRAIN SPLITTING • CODE COMPUANCE • ADD A SPA ENERGY EFFICIENT POOL EQUIPMENT www.LalollaPools.com 8art@LaJolloPools.cotn (858) 483-4500 Srrvriwg. San Diego C.4rrinly for Over 40 }ran The following is a price to remove and replace filter sand and laterals in the (3) large Stark filters on the main pool and (2) stark filters for the activity pool. This proposal assumes: • All work to be completed on site • All work to be performed during normal business hours Scope: • Drain water from all filters • Remove existing filter sand and haul material away • Clean inside of filter tanks (as practical) • Supply and install new filter laterals • Re -build 5 clear backwash valves • Supply and install new vitaulic backwash valve gaskets • Supply and install new #20 silica sand and pea gravel for each filter • Supply and install new filter manway gaskets • Backwash system and check for proper operation Total price including all material, tax, freight and labor. The following is a price to install a new Raypak heater on the activity pool. This pricing includes prevailing wage rates Items not included in this proposal: • Building permits (if required) Scope: $34500.00 EXHIBIT A (2 OF 2) • Supply and install a new Raypak Hi -Delta 992k BTU natural gas heater with Cal Code controls and cold water run kit • Supply and install new vent pipe from heater to existing vent line in equipment room • Remove existing 2.5" CPVC caps from existing plumbing. Plumb new 2.5" schedule 80 CPVC supply and return lines to heater • Connect power to new heater • Connect existing gas line to new heater • Provide factory authorized start-up including combustion gas analysis • Adjust water flow and gas pressure as needed • Supply and install a new 24v remote thermostat and drywell • Stop leak at existing 6" saddle clamp Total price including all material, tax, labor and freight. $24250.00 Total combined pricing of both proposals. $58750.00 Summary of Evaluation #26030 for Company Account LA JOLLA POOLS, INC. The following information provides up -to date compliance information related to this request only. Summary I Details I Documents I Tasks I Renew EILog Note Log Meeting t Log CaII Send Email Assign Task Requirement General Liability Automobile Liability Workers Compensation/Employers' Liability Umbrella/Excess Liability Result The required document has been filed and meets the minimum requirement. The required document has been filed and meets the minimum requirement. The required document has not been filed. Awaiting Certificate of Insurance The required document has been filed and meets the minimum requirement. IndicatorResult Date Actions May 13 2019 View 6:41PM 410 May 13 2019 View 6:41PM 4' May 13 2019 View 6:41PM • May 13 2019 View 6:41PM CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) 04/15/2019 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(les) 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 Cal -Nevada Insurance Agency PO Box 5419 incline Village NV 88450 ccNTACT KatieJarcik NAME: PHONE (775) 831-1422 A(C. No Exti: -$1AIL kaiie@icalnevadalns.com ADDRESS: _(FAXAK;, No (775)831-7873 INSURERS) AFFORDING COVERAGE INSURERA: Colony Insurance Company NAIC 36927 INSURED La Jolla Pools Inc. 7125 Glennora Ave San Diego CA 92119 INSURER 8: INSURER C INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY 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 TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE WOO POLICY NUMBER POLICY EFF tMMIDD/YYY1') POLICY Y EXP vy (MSUDpryrYYl LIMITS A X COMMERCIAL GENERAL LIABILITY Y 103GL0023258-01 04/16/2019 EACH OCCURRENCE $ 2,000,000 �/ CLAIMS•MAOE OCCUR DAMAGE TO RENTED PREMISES (Ea occune .). $ 100,000 )( General Agg Limit per Project MED EXP (Any one person) $ 5,000 $5,000,000 all projects 04/16/2020 PERSONAL & ADV INJURY $ 2,000,000 GEN'LAOGREGATE LIMIT APPLIES PER; LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMPI0PA00 $ 4,000,000 $ AUTOMOBILE - r LIABILITY ANY AUTO OWNED . ■ SCHEDULED AUTOS NON.OWNEO AUTOS ONLY C501II•/B SINGLE LIMIT (Ea sodden!) $ BODILY INJURY (Per person) $ BODILY INJURY {Poracddent ) $ PROPERTY DAMAGE (Per acddenII $ $ -^ UMBRELIALIAB EXCESS LAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPROPR$ETORMARTNER/SXSOUTIVE ❑ OFF:CERIMEMBER EXCLUDED? (Mandatory In NH) f yea, deacdbe under DESCRIPTION OF OPERATIONS below NIA PER OTH- _ swum_ F.R E.L. EACH ACCIDENT $ E.L.DISEASE- EAEMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONSI VEHICLES (ACORD 101, Additional Romarha 8ohedulo. may b) altachod If more 'pave I. required) The City of National City, Its elected officials, onlcers, agents, employees and volunteers are additional Insured per endorsement per written contract. Project: LAS PALMAS MUNICPAL POOL MAINTENANCE Agreement Number: EG-00093 CERTIFICATE HOLDER CANCELLATION The City of National City C10 Risk Manager 1243 Neltonal City Blvd Nafona City CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TFIE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registorod marks of ACORD 103 GL 0023268-00 COMMERCIAL GENERAL LIABILITY CG20370704 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations as required by written contract with the Named Insured As designated in written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown In the Declarations. Section 11 — 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 dam- age" caused, in whole or in part, by 'your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 CO ISO Properties, Inc., 2004 Page 1 of 1 103 GL 0023258-00 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon(s): All persons or organizations as required by written contract with the Named Insured LocatlonW Of Covered Operations As designated in written contract with the Named Insured Information required to complete this Schedule, if not shown above, will shown In the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodlly 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(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 103 GL 0023258-00 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 (2) You have agreed in writing In a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 103 GL 0023258-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Ail persons or organizations as requested by written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section 1V — Conditions: 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 ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 LAJOLLA-04 '4R"'~ CERTIFICATE OF LIABILITY INSURANCE DATE,MtJU[1D7YYYY) 5/1/Z019 TH13 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 pohcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rl r hts to the certificate holder In lieu of such endorsement(s). PRODUCER Snapp r>< Associates Insurance Services 439 Camino Del Rio S Ste 112 San Diego, CA 92108 MeCT PHDNE FAX SaC No, Ed/ (819) 908 3100 Lam, No):019) 908.3110 1415,46, Servlceesnappins.eom INSURER(S) AFFORDING COVERAGE NA(CA! INSURER A: California Automobile insurance Comapny 38342 INSURED La Jolla Pools Inc. 7125 Glenfiora Ave San Diego, CA 92119 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: • THIS INDICATED. CERTIFICATE EXCLUSIONS MGR LTR ------ --- - -- vn,uc:n. IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE AUDL INSD UBR I WVD POLICY NUMBER POLICY EFF 1 POLICY EXP IMh/YYYY 11Di71 1:Y_ V_YY_ Yl (1dkR UMITS COMMERCIAL DENERALLIABILITY I I OCCUR EAGIOCCURRENCE $ j CLAIMS -MADE DAMAGE TO RHea $ GEN'L MED EXP (Any one person) S PERSONAL a ADV INJURY $ AGGREGATE LIMIT APPUES PER! GENERAL AGGREGATE $ PRODUCTS . COMPADP AGO $ $ A AUTOMOBILE X LIABILITY ANNYNAU�TO SONLY _ _ ,_. ggC��� AUTOS A UTOS ONLY X BA040000017345 9/3/2018 9/3/2019 COMBINED SINGLE LIMIT (So acOdann $ 1,000,000 BODELY INJURY (Per person) S BODILY INJURY (Per accident) $ PROFER nn DAMAGE $ UMBRELLA LtAB EXCESS LtAB ortutiI2 CLAW -MADE EACH OCCURRENCE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LUABILITY Y ! N ANY DPRo`PRIIET0RRPpARTNER/ ECU7IVE ( I Mandatory In NH) If yea, describe under DESCRIPTION OF OPERATIONS below N iA I PER I I _ STATUTE _) E.L. EACH ACCIDENT S EL DISEASE. EA EMPLOYEE $ E, L. DISEASE. - PCUCY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addltlonal Remake Schedule may be attached if mo es pace Is required) RE:Operations of the named Insured are subject to the terms and conditions of the policy. The City of ational City, its elected officials, officers, agents, ampfoyees and volunteers are named as additional insured per the attached endorsement 30' days' notice of cancellation, 10' days' notice of cancellation in the event of ncnpayment of premium. CERTIFICATE HOLDER City of National City c/o Risk Manager 1243 National City Blvd. National City, CA 91950.4397 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 0 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD California Automobile Insurance Company P.O. Box 10730 Santa Ana, CA 92711-0730 Customer Service: (800) 503-3724 MERCURY AridII INSURANCE BUSINESS AUTO POLICY ADDITIONAL INSURED Amended Declarations Effective Date: 05/01 /2019 NAMED INSURED: LA JOLLA POOLS, INC 1136 Greenfield Dr El Cajon, CA 92021-3314 AGENT: SNAPP & ASSOC INS SERV INC 438 CAMINO DEL RIO SOUTH STE 112 SAN DIEGO, CA 92108 (619) 908-3100 Insurance Company: California Automobile Insurance Company Policy Number: BA040000017345 ' Policy Period: From: 09/03/2018 to 09/03/2019 at 12:01 AM Standard Time at your mailing address Additional Insured: THE CITY OF NATIONAL CITY Address: c/o Risk Manager 1243 National City Blvd, National City CA 91950 Endorsements Attached: CA 20 48 10 13 - Designated Insured Covered Autos: Limits of Insurance: MCADS91O711 Symbol 1- Any "Auto" $1,000,000 CSL Page 1 of 1 1 LAJOLLA OP ID: NA1 AC -CORE)" CERTIFICATE OF LIABILITY INSURANCE `-�-� DATE(MM 04/30/201 YY) 2019 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 poilcy(les) 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 endorsomentls). PRODUCER Milk & Associates Insurance Services, Inc. 917 S village Oaks Dr, 101 Covina, CA 81724 Jacob Girgis CONTACT RIME: Jacob Girgis APHCNNo.pax909-488-2233 ,ynr 909-468-2232 E-MAIL jacoblgmilikinsurance.com AODREs 'RUMENS) AFFORDING COVERAGE NAJCI INSURER A:Everest National Insurance Co. 10120 INSURED La Jolla Pools, Inc. 7125 Glen Flora Ave. San Diego, CA 92119 INSURER B: INSURER O: INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDTIOON 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. NLTRft TYPE OF INSURANCE Apligp _WOTD-C -Sri POLICY POLICY NUMBER IM/OPOLICY YE:F PMIDDITOLtcY P O't1Crl/DD(YYYY� IMM1Dp(vYYY1 LIMITS COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE S CLAIMS -MADE 1 1 OCCUR DAMAGE TO RENTED PREMISES (Eaoocurtenee) S MED EXP,(Any ono person) S PERSONAL & ADV INJURY S GEN'L —PO- AGGREGATE POLICY I OTHER: LIMIT APPLIES JECTT PER: LOC GENERAL AGGREGATE S PRODUCTS-COMPIOP AGO S S AUTOMOBILE �^ ___ _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED COMBINED SENOLE UM(' (Ea a EL_nt) $ BODILY INJURY (Per person) S BOOILYINJURY (Per accident) S PROPERTY DAMAGE (Per accident: S S UMBRELLALIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED RETENTION S S A WORN<ERSCOMPENSATfON AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBER A PAAEXC UER/ E�vE (Mandatory In NH) if you, describe under DESCRIPTION OF OPERATIONS below I Y l N f A X 7600019848181 1211812018 12/19/2018 \ X PEREOTH- EL. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEES 1,000,000 EL DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OFOPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addhlonal Remerke Schodute, may be attached if mo o apace is required) *10 day notice of cancellation for nonpayment of premium. RE: Projects through out the City of National City. Waiver of Subrogation applies regarding the Workers Compensation policy per form WC 04 03 06. 1. CERTIFICATE HOLDER CITYONA City of National City clo Risk Manager 1243 National City Bivd National City, CA 91950 CANCELLATION SHOULD ANY CF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS UABILITY INSURANCE POLICY WC 04 03 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 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY C/O RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 VARIOUS JOBS DEPENDING ON THE ISSUE, VARIOUS LOCATIONS IN CA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 03-18-19 Policy No. 7600019846181 Insured LA JOLLA POOLS INC Insurance Company EVEREST PREMIER INSURANCE COMPANY Countersigned By Endorsement No. 002 Premium $ INCL • 1998 by the Workers' Compensation Insurance Rating Bureau of California. Ali rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. INSURED COPY CONTRACT TRANSMITTAL FORM (Attach to Documents dropped off to City Clerk's Office) Date: 3/ 15 / 2ozc From (Dept.): —' "C5" Submitted by (First & Last Name) WA' 60N-NE S IA° jt)1LA—____PXD(' Vendor: Resolution: YES x 3 4 Originals Provided to City Clerk (circle quantity) _x_ Department has copy Vendor has copy CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk LA JOLLA POOLS, INC. Las Palmas Municipal Pool Maintenance Services Main Pool and Activity Pool Tirza Gonzales (Engineering/Public Works) forwarded a duplicate original Agreement to La Jolla Pools, Inc.