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HomeMy WebLinkAboutDiamond Designs LLC; 2025-04-25; PR-MPW-25004PDocusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 25April25th Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT BALLFIELD LASER LEVELING AND RENOVATIONS; CONT. NO. PR-MPW-25004P This contract is made on the ______ day of __________ _, 20_ ("Contract"), by the City of Carlsbad, California, a municipal corporation ("City") and Diamond Designs LLC, a limited liability company whose principal place of business is 11956 Bernardo Plaza Dr. #15, San Diego, CA 92128 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract' Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction "Greenbook,11 latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions . I 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 Temujin Matsubara (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute "public works" under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 1 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD {CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor's required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Proco re user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team . It will be the responsibility of the Contractor to regularly check Proco re and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.a pple .com/us/a pp/procore-construction-ma nagement/id37 4930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 2 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor a be prevented from further bidding on public contracts for a period of up to five (5) years and th bar ent by another jurisdiction is grounds for the City of Carlsbad to disqualify the Cont a actor from participating in contract bidding. Signature: Print Name: 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 (NAie) latest quarterly listings report. Commercial General Liability Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 3 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the perform~nce 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. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within thirty {30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty {60) working days after receipt of Notice to Proceed. BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 4 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 CONTRACTOR'S INFORMATION. Diamond Designs LLC (name of Contractor) 1025791 (Contractor's license number) C27; 4/30/2025 ?0 10f 7 (license class. and exp. 1000048391;6/30/2027 (DIR registration number/exp. date) Tracking#: 11956 Bernardo Plaza Dr. #15 (street address) San Diego, CA 92128 (city/state/zip) 858-688-1701 (telephone no.) mosbornel@san.rr.com (e-mail address) AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. [signatures on following page] BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 5 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 CONTRACTOR company By: Michael Osborne, President/CFO (print name/title) By ?,~,J_,/~ (sign here) Richard Mitchell, Vice President (print name/title) Tracking#: CITY OF CARLSBAD, a municipal corporation of the State of California By: Kyle Lancaster, Parks & Recreation Department Director ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. lf...g_ corporation. Contract 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: CINDIE K. McMAHON, City Attorney BY: a~Jj~4 Deputy/ Assistant City Attorney BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 6 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor, proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and Address DIR Registration No. License No., to be & Expiration Date Classification Subcontracted & Expiration Date ~ ft, \} ' ' Total% Subcontracted~ The Contractor must perform no less than 50% of the work with its own forces. BALLFIELD LASER LEVELING AND RENOVATIONS %of Total Contract CONT. NO. PR-MPW-2S004P Page 7 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: EXHIBIT B SCOPE OF WORK AND COST Scope of Work Summary: Procure materials and implement comprehensive field improvements at Alga Norte Community Park, Aviara Community Park, and Stagecoach Community Center & Park, including infield mix installation, laser grading, edging, and equipment updates to enhance ballfield quality and safety. Alga Norte Community Park -Field #1 • Infield Mix o Install 50 tons of Angels infield mix ■ 25 tons on the infield ■ 25 tons on the warning track • Laser Grade Fields o Rototill and laser grade • Install Infield Conditioner o (40) -40 lbs. bags DuraEdge conditioner • Grand Arc Edging o Edging between the dirt infield and outfield turf grand arc o Backfill edges o Dispose spoils in dumpsters (City provides dumpsters and hauling off) • Batter's and Catcher's Box o Reconstruction and leveling with excavation of old material, adding new material and compaction o Install DuraEdge premium packing clay • Lip Reduction o Lip reduction around dirt infield and turf outfield arc • Install (3) Pitching Rubber (City-provided PR) o Core out existing material and pack new clay into pitchers' circle o Long lane for (3) pitching rubbers o Install DuraEdge premium packing clay • (30) 50 lbs. bags of DuraEdge premium packing clay • Install Home Plates o (1) BOLCO wood home plate (City provides HP) • Base Anchor Installation o Reset (15) base anchors: 60', 65' 70' 80', 90' to line up with foul poles, home plate, and pitching rubber • Warning Track o Re-establish warning track edge o Trim 1' to 18" of warning track to bring edge back to 6" off the sprinkler heads o Remove sod with sod cutter, depth of 2" o 25 tons of Angels infield mix o Install and grade material to fill lip on warning track o (15) -40 lbs. bags DuraEdge conditioner BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 8 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Alga Norte Community Park Total: $18,439.15 Aviara Community Park -Field #1 • Infield Mix o Install 50 tons of Angels infield mix ■ 25 tons on the infield ■ 25 tons on the warning track • Laser Grade Fields o Rototill and laser grade • Install Infield Conditioner o (40) -40 lbs. bags DuraEdge conditioner • Grand Arc Edging o Edging between the dirt infield and outfield turf grand arc o Backfill edges o Dispose spoils in dumpsters (City provides dumpsters and hauling off) • Batter's and Catcher's Box Tracking#: o Reconstruction and leveling with excavation of old material, adding new material and compaction o Install DuraEdge premium packing clay • Lip Reduction o Lip reduction around dirt infield and turf outfield arc • Install (3) Pitching Rubber (City-provided PR) o Core out existing material and pack new clay into pitchers' circle o Long lane for (3) pitching rubbers o Install DuraEdge premium packing clay • (30) 50 lbs. bags of DuraEdge premium packing clay • Install Home Plates o (1) BOLCO wood home plate (City provides HP) • Base Anchor Installation o Reset (15) base anchors: 60', 65' 70' 80', 90' to line up with foul poles, home plate, and pitching rubber • Warning Track o Re-establish warning track edge o Trim 1' to 18" of warning track to bring edge back to 6" off the sprinkler heads o Remove sod with sod cutter, depth of 2" o 25 tons of Angels infield mix o Install and grade material to fill lip on warning track Aviara Community Park Total: $15,789.40 Stagecoach Community Center & Park -Field #1 • Infield Mix BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 9 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 o Install 50 tons of Angels infield mix • Laser Grade Fields o Rototill and laser grade • Install Infield Conditioner o (40) -40 lbs. bags DuraEdge conditioner • Grand Arc Edging o Edging between the dirt infield and outfield turf grand arc o Backfill edges o Dispose spoils in dumpsters (City provides dumpsters and hauling off) • Batter's and Catcher's Box Tracking#: o Reconstruction and leveling with excavation of old material, adding new material and compaction o Install DuraEdge premium packing clay • Lip Reduction o Lip reduction around dirt infield and turf outfield arc • Install (3) Pitching Rubber (City provided PR) o Core out existing material and pack new clay into pitchers' circle o Long lane for (3) pitching rubbers o Install DuraEdge premium packing clay • (30) 50 lbs. bags of DuraEdge premium packing clay • Install Home Plates o (1) BOLCO wood home plate (City provides HP) • Base Anchor Installation o Reset (9) base anchors: 60', 70', 80' to line up with foul poles, home plate, and pitching rubber Stagecoach Community Center & Park Total: $14,417.93 Subtotal Cost: $48,646.48 Labor & Materials Bond: $2,500.00 Total Cost: $51, 146.48* Exemption: • All irrigation sprinklers, laterals, mainline, etc. will be marked out with paint/flags, removed, relocated and repaired by the landscape contractor under the direction of the city inspector. *Includes prevailing wage, labor & materials bond, taxes, fees, expenses and all other costs. BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 10 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: Bond No. CE12823700009 EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Diamond Designs LLC (hereinafter designated as the "Principal"}, a Contract for: BALLFIELD LASER LEVELING AND RENOVATIONS CONTRACT NO. PR-MPW-25004P 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, Diamond Designs LLC, as Principal, (hereinafter designated as the "Contractor"}, and Philadelphia Indemnity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-one thousand one hundred forty-six dollars and forty-eight cents ($51,146.48}, 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. In the event BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 11 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: 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. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this _9_th ___ day of _A_p_ri_l __________ ~ 2025 Philadelphia Indemnity Insurance Company __________ (SEAL} (Surety) IAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: alA.!Yqw ~ Deputy/ Assistant City Attorney BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 12 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite I 00 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Nathan Miller, Sandra Hartzell, Michelle Bennett, Brandy Prinz, Heidi R. Brutko, Tabbatha Kepner or Chris Papke of Philadelphia Indemnity Insurance Company_its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the J4'h of November 2016. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorney{s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORA TE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF OCTOBER 2024. (Seal) ~b~,~1 Philadelphia Indemnity Insurance Company On this 5th day of October, 2024 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Commonwealth of Pennsylvania• Notory ~al Vanessa Mci<enzie, Notary Public Delaware County My eommlsuloo eKpires November 3, 2028 Commission number 1366394 M611\Dtr, PGMlylvaM AHOClll/00 of N41ari'Gs Notary Public: residing at: My commission expires: BalaCynwyd, PA November 3, 2028 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5th day October 2024 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof! have subscribed my name and affixed the facsimile seal of each Company this -2!!!_ day of April Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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. Slate of Pennsylvan ia County of _D_a~up~b_in ______ _ On April 9, 2025 before me, Tabbatha Kepner (1-ierc insert nnme and title of thll ofiiccr) personally appeared _H_e_i_d_i I_l_. _B_m_t_k_o __________________________ _ who proved to me on tbe basis of satisfactory ev idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/lb ey executed the same in his/Iler/their authorized capacity(ies), and that by his/her/their sig nature(s) on the instrument lhe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J certify under PENAL'! Y OF PERJURY und er the laws of the State of California that the forego ing paragraph is true and correct. WITNESS my hand and offi cial seal. ,:{~, J~,j (Notary Seal) Commonwealtl1 of Pennsylvania -Notary Seal Tabbatha Kepner, Notary Public Dauphin County My commission expires April 12, 2026 Commission number 1411677 ADDITIONAL OPTIONAL INFORMATION DESCRJPTION OF THE ATTACHED DOCUMENT (Tille or ckscription or anachcd document) (Title or description or uttnchcd document continued) Number of Pages __ Document Date ____ _ (Addilionul i11f\.1rnmlion) CAPACITY CLA IMED BY Tl-IE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) □ Attorney-in-fact D Trustce(s) D Other ---------------- 2008 Version CA PA v 12.10.07 800-873-9865 www.NotaryClusses.com TNSTR.UCTIONS FOR COMPLETING THlS FORM t111y ack11owledgme11/ comple/ed ill Califomia 11111sl cv11lai11 l'erbiage exac/(1• m appears ab01"e i11 the 110/wy sectio11 or a separale acknowledg111en1 f orm 11111st be properly compleled and allacl,ed to !hat doc11111e111. The 011/y exceplio11 is if a doc11111ent is to be recorded outside of Ca/ifomia. /11 such i11sta11ces. W(.I' 11/tema1ive ack11owledg111e11/ verbiage as may be printed 011 s11clt a doc11111e11/ so /011g as the verbiage does 110/ require /he 1101wy to do somet/1i11g !hat is illegal for a 110/my i11 Califomia (i.e. cerlijj,i11g the authori:ed capacity of !he sig11e1). Pleme check llw rloc11111enl careji,lly for proper 1101m•ial wording a11d al/ach this/om, //'required. • Stutc mid County information must be the Slate and County where the document signcr(s) personally appeared before the notary public for acknowledgment. • Date or notarization must be the elate thal the signer(s) personally uppcarcd which must also be the same dale the acknowledgment is completed. • The notary pub! ic must pri111 his or her nnme os it appears within his or her conunission followed by n comma oml lhcn your title (notury public). • Print Ihe nnmc(s) or cloe11111em signcr(s) who personully uppcnr ut lhc time or nntariwtion. • lndicale the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/H-!ey;-is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be cl ear und photogrnphicol ly reproducible. Impression must 1101 cover text or lines. If scul impression smudges, re-seal if a sufficient area permits, otherwise complete a different ucknowlcclgmcnl limn. • Signuturc of the notary public must mulch the signature on file with the office of the county clerk. ❖ Additional infonnntion is not required but could help to ensure this 11ck:nowtcdg111cnI is 1101 misused or nlluche,cl to a different document. ❖ Indicate lillc or type of atlached document~ number of pages und date. ❖ Indicate the capacity claimed by the signer. tr the claimed c>1paci1y is a corporate officer, indicate the title (i.e. CEO, era. Scerc1nry). • Securely attach this document to lhe signed document Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's. as well as all listed subcontractors. most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 13 City Attorney Approved 6/5/2024 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 Tracking#: EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: □ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. D The Fleet is exempt from the Regulation under Section 2449.1{f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. D Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). D The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449{i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449{c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ~ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is 7teJched to this certification. Name: Title: Date: BALLFIELD LASER LEVELING AND RENOVATIONS CONT. NO. PR-MPW-25004P Page 14 City Attorney Approved 6/5/2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-TORY LIMITSWC STATU- LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05)© 1988-2010 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD (04/07/2025) Utopia Management & Insurance Services, Inc. 4617 Ruffner St. San Diego CA 92111 Utopia Insurance 858-598-1111 insurance@utopiainsurance.com CA 92128-2538 HARTFORD UNDERWRITERS INS CO 30104 State National Ins Co Inc.12831 Evanston Ins. Co.35378 B X x NXT3TJPF97-00-GL 12/01/202412/01/2025 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 A X x 72UECCG8062 05/01/202505/01/2026 $1,000,000 C X x 91BES64789 1/1/2025 1/1/2026 1,000,000 1,000,000 A Y X 72WECAK9XXW 05/01/202505/01/2026 1,000,000 1,000,000 1,000,000 Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others EndorsementWC040306, attached to this policy. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy. TheCity of Carlsbad, its officials, employees and volunteers are additional insured per the Commercial Auto Broad Form Endorsement HA9916,attached to this policy. Notice of Cancellation will be provided in accordance with Form IH0313, attached to this policy. Waiver ofSubrogation applies in favor of the Certificate Holder per the Commercial AutoBroad Form Endorsement HA9916, attached to this policy. RE: State job is performed in: CA The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Diamond Designs, LLC. 11956 BERNARDO PLAZA DR unit: 519 SAN DIEGO Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 ACORD® I ~ I x ~ D [&] ~ ~ n n n X ~ X X X ~ I I XI I I □ I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description All OperationsCity of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date: Policy Expiration Date: © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 05/01/2025 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 05/01/2024 72UECCG8062 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 1' COMMERCIAL AUTOMOBILE HA 99 16 01 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © 2021, The Hartford (Includes copyrighted material Form HA 99 16 01 21 of ISO Properties, Inc., with its permission.) Page 1 of 5 COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." Policy #: 72UECCG8062 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 © 2021, The Hartford (Includes copyrighted material Form HA 99 16 01 21 of ISO Properties, Inc., with its permission.) Page 2 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured 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 insurance, 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 insurance 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, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 © 2021, The Hartford (Includes copyrighted material Form HA 99 16 01 21 of ISO Properties, Inc., with its permission.) Page 3 of 5 If an "employee’s" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee’s" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 © 2021, The Hartford (Includes copyrighted material Form HA 99 16 01 21 of ISO Properties, Inc., with its permission.) Page 4 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III – Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV. B.7.B.(6) - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 © 2021, The Hartford (Includes copyrighted material Form HA 99 16 01 21 of ISO Properties, Inc., with its permission.) Page 5 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional If notice is mailed, proof of mailing to the last known Conditions:mailing address of the certificate holder(s) on file with A.If this policy is cancelled by the Company, other the agent of record or the Company will be sufficient than for nonpayment of premium, notice of such proof of notice. cancellation will be provided at least thirty (30)Any notification rights provided by this endorsement days in advance of the cancellation effective date apply only to active certificate holder(s) who were to the certificate holder(s) with mailing addresses issued a certificate of insurance applicable to thison file with the agent of record or the Company.policy's term. B.If this policy is cancelled by the Company for Failure to provide such notice to the certificate nonpayment of premium, or by the insured, notice holder(s) will not amend or extend the date the of such cancellation will be provided within (10) cancellation becomes effective, nor will it negate days of the cancellation effective date to the cancellation of the policy. Failure to send notice shall certificate holder(s) with mailing addresses on file impose no liability of any kind upon the Company or its with the agent of record or the Company.agents or representatives. Form IH 03 13 06 11 Page 1 of 1 © 2011, The Hartford Policy #: 72WECAK9XXW Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 2 † POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE COVERAGE PARTS AFFECTED CHANGES Authorized Representative Signature SEE ATTACHED SCHEDULE 13 NXT3TJPF97-00-GL 04/21/2025 State National Insurance Company, Inc. Michael OsborneDiamond Designs, LLC.11956 Bernardo Plaza Dr PMB 519San Diego, CA 92128 Ann Ryan Commercial General Liability Coverage Part Return Total $0.00 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 SCHEDULE OF POLICY CHANGES IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 2 of 2 † It is understood and agreed that: The following forms are added:NXT-0084 BM GL 0218 - Designated Additional Insured - Primary InsuranceCG 20 37 04 13 - Additional Insured - Owners, Lessees or Contractors - Completed Operations All other terms and conditions remain unchanged. Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 COMMERCIAL GENERAL LIABILITY NXT-0084 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED – PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person or Organization: I.SECTION II - WHO IS AN INSURED is amended to include the person or organization shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. II.With respect to the insurance afforded to these additional insureds, the following is added to SECTION III – LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. III.Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis in accordance with the applicable written contract between you and the additional insured. All other terms and conditions of the policy remain unchanged. The City of Carlsbadits officials, employees and volunteers1200 Carlsbad Village DrCarlsbad, CA 92008 Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. NXT3TJPF97-00-GL The City of Carlsbadits officials, employees and volunteers1200 Carlsbad Village DrCarlsbad, CA 92008 Landscaping and Lawn Care services in CA Docusign Envelope ID: 71A9D89B-2C65-43A5-B8BB-4DB2A55AA1E3 April 28, 2025 Diamond Design LLC 11956 Bernardo Plaza Dr. #15 San Diego, CA 92128 NOTICE TO PROCEED {'city of Carlsbad Re: BALLFIELD LASER LEVELING AND RENOVATIONS; CONT. NO. PR-MPW-25004P In accordance with the contract, you are hereby notified that the date for commencement of work on the subject project is April 25, 2025. Unless you are entitled to an extension of time as set forth in the Standard Specifications, the completion date for all work under the contract is May 24, 2025. Please be advised that your point of contact with the city shall be Project Manager Temujin Matsubara at (760} 450-3301 and/or temujin.matsubara@carlsbadca.gov. All business relating to this project must be done through the Project Manager. This division has no obligation to honor any commitment made by any other party. Sincerely, ~~ Temujin Matsubara Parks /Trees Supervisor Parks & Recreation Department cc: Todd Reese, Parks Services Manger Kyle Lancaster, Director Roger Havlak, Parks Superintendent Chad Kantner, Sr. Management Analyst Marsha Weeks, Management Analyst City Clerk Community Services Parks & Recreation Department 799 Pine Ave. Suite 200 I Carlsbad, CA 92008 I 442-339-2826 t