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HomeMy WebLinkAboutNew City Consulting Inc; 2025-07-31; PSA26-3903FACPSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 1 AGREEMENT FOR FLEET MAINTENANCE BUILDING - PRECONSTRUCTION SERVICES NEW CITY CONSULTING, INC., INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2025, by and between the City of Carlsbad, California, a municipal corporation (“City”) and New City Consulting, Inc., a California corporation (“Contractor”). RECITALS A.City requires the professional services of a consultant that is experienced in preconstruction consulting services. B.Contractor has the necessary experience in providing professional services and advice related to preconstruction consulting services. C.Contractor has submitted a proposal to City under RFP25-3834FAC and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in attached Exhibit “A,” which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective from the date first above written to August 7, 2026. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-two thousand twenty dollars ($32,020). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-two thousand twenty dollars ($32,020) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit “A.” Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 July 31st PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’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. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City Engineer approves otherwise, 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. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient 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 Contractor of any other requirements as may be specified in this Agreement. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 3 Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described in this Agreement caused by any negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than “A-:VII”; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 4 The full limits available to the named insured shall also be available and applicable to City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and 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. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. The city reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 5 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Steven Stewart Name Patrick Nolan Title Municipal Projects Manager Title President Department Fleet & Facilities Address 31959 Via Ararat Drive City of Carlsbad Bonsall, CA 92003 Address 1635 Faraday Ave. Phone No. 858-254-2949 Carlsbad, CA 92008 Email Patrick@newcityconsulting.com Phone No. 442-339-2938 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. For Labor Compliance Service Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest, as that term is defined in Labor Code Section 1771.8(a)(2) does not exist. Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 6 Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 20. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 7 22. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 8 court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [signatures on following page] Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 9 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California NEW CITY CONSULTING, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Patrick Nolan, President and Chief Financial Officer (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 PSA26-3903FAC City Attorney Approved Version 5/30/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE TASK 1: Constructability Review: The Contractor shall review the project scope of work and contract documents consisting of the City's General Provisions, Supplemental Provisions, Technical Specifications, Appendices and drawings issued for bidding and any addenda thereto. Item No. Description Extended Total Fleet Maintenance Building Constructability Review to include: 1 Site visits, meetings with City staff included 2 Identification of potential risks within project work scope included 3 Review of contract documents (plans and specifications) for included 4 consistency and readiness for bidding Review of City's contract documents for familiarity included 5 Review of addenda issued during bidding process included 6 Document findings in summary report included 7 All expenses including those often classed as “reimbursables” included Total TASK 1 Constructability Review Services (not to exceed) $32,020 Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 Anticipated Notice to Proceed: June/July 2025 Construction Completion Target: September 2026 Senior Construction Manager Assistant Construction Manager Senior Construction Inspector Senior Constructability Reviewer TASK:RATE:$233/Hr. $166/Hr. $189/Hr. $228/Hr.HOURS FEE 20 0 0 120 140 32,020$ Estimated Hours and Proposed Fees: Please note, this cost proposal is an estimate based on an anticipated schedule duration and plans provided by the City. If construction duration changes from anticipated schedule, we will adjust our fee accordingly to accomodate the project. 1 Constructability Review 6/3/2025 Construction Management and Inspection Services For Fleet Maintenance Building Refurbishment (RFP25-3834FAC) City of Carlsbad PSA26-3903FAC Exhibit "A" (cont.) Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 I oJb A)eAtl r:~ CONSULTING, I N C. Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 AE !::!,.R t:>"9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 08113/2025 THIS CERffFICATE 18 ISSUED Al A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERnFICATE DOES NOT AFFIRMA11VELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE'TWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERnFICATE HOLDER. IMPORTANT: If the eertlllc.w holct.r Is •n ADDfflONAL INSURED, th• poll~) must have ADDITIONAL INSURED provision• or be 1nclonied. II' SUBROGATION IS WAIVED, aubJad tD the term■ and condition■ of the pollcy, certain pollcle■ may require an 1ndor-.nt. A atnlment on this certificate don not c:onfllr rlnhta to the certlllcam holdar In ll11u of such 1ndo1W11m....tfsl. PRODUCER CONTACT KT L Buslnau Insurance s.vtcN, ~c. KT L Business Insurance Servicas, Inc. lu•-~- PHONE IFAX 322 8th street Suite## 101 11 &Jre No. M011: (851) 35D~SSS I 1,1.,r, NoJ:1851) 351M)S51 Del Mar CA 92014 E-fllAIL kavln@ktllnsura~.com ADDREN INSURERtSl AFFORDING COVERAGE NAIC# Alleney LiclJ: CA I CD81M101 IMAUAEAA: UNDERWRITERS AT LLOYDS 15792 INSURED INSURERB: Hartford Cuuallv lnsurancs Com,..nv 21424 NEW CITY CONSUL TINO, INC INSURERC: 31151 VIA ARARAT DRIVE BONSALL CA 92003 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 103126 REVISION NUMBER:1 SUPERCEDES PREVIOUS REVISIONS THIB 1B TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IBBUED TO 11-IE INSURED NAMED AEIOYE FOR THE POLICY PERIOD INDICATED, NOTWl'lllSTANDINO ANY REQUIREMENT, TERM OR CONDrTION OF Nl'f CONTRACT OR 011-IER DOCUMENT WITH RESPECT TO \-111-!ICH 11-1IB CERTIFl~TE MAY BE ISSUED OR MAY PERTAIN, n-tE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HA.VE BEEN REDUCED BY PAID Cl.AIMS. INSR ADDI. IUIR POI.IC:otEFF POUc::YEJCP LTR TYPE OF INSURANCE INIRll WVD POLICY NUMBER WllE IIIMnllllTIJ WllE 1-.JlllYT) LIMITII X CClaERCIAL GEIERAL LIASILIIY P8N0340392150 011/22/25 06122/26 EACH OCCURRENCE $ ,,.__,. A I CLAIMS MADE@ OCCUR DAMAGE TO RENTED s 250,000 PREMISES rea occurence\ MED EXP (Any ona penion) $ 5,000 PERSONAL & NJ\I INJURY $ 2,000,000 GEN'L AOOREGA.TE LIMIT APPLIES PER: GENERAL AGGREGATE s 4,000,000 R □PRO-□Loe PRODUCTB-COMP/OP ~G $ 4,000,000 POLICY JECT 011-IER: $ AUTOIIOBILE LIABILITY PSN0340382150 06/22/25 01122/28 COMBINED SINGLE LIMIT 1,000,000 A -l,c •• ........, .. n s NffAUTO BODILY INJURY (Per pen,cn) $ -,--OWNED SCHEDULED BDDIL Y INJURY (Per acdcleM) $ -AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE s AIJTOSONLY AUTOS ONLY (Per iKddent) --s UMBRELLA:'}-- ~ OCCUR EACH OCCURRENCE $ -EXCESS LIAS CLAIMS-MADE AOORE~TE $ DEol I RETENTION$ $ ~Roll COIIPENl!IATICIN 72WECAT3BCT 07/12/25 07/12/26 X l~~TUTE I l::.ri+- B ~ l!MPLOYmll' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 = PROPRIETOR/PAJmolERIEXECIIT1\IE □ NIA CER/MEMHR EXCLUDED? ~~NH) E.L. DISEASE-£A EMPLOYEE $ 1.000 000 If yea. -.ibo urdor E.L. DISEASE-POLICY LIMIT $ 1,000,000 DESal!PTION OF OPERATIONS- A PROFESSIONAL LIABILITY PSN0340392150 011/22/25 06122/26 AGGREGATE $2,000,000 EACH CLAIM $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Addltlonel Remerb Schedule, -, be .tt.chad If mon1 as-ce Is n1qulred) GE CITY OF CARLSBAD ITS OFFICERS, AGENTS, AND EMPLOYEES ARE NAME ADDmONAL INSURED REGARDING GENERAL LIABILITY. COVERi ~ IS PRIMARY & NON-CONTRIBUTORY PER POLICY FORM. 30 DAY NOTICE OF CANCELLATION FOR NON.PAYMENT OF PREMIUM" CERTIFICATE HOLDER CITY OF CARLSBAD/CMWD CANCELLATION SHOULD ANY OF TltE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTlCE WILL BE DELIVERED IN C/0 EXIGl8 INSURANCE COMPLIANCE SERVICES P.O. BOX947 • -----·~-wrrH THE DN I~ Kevin Lovlne Lie I 0834147 IL MURRIETA, CA 92584 Attention: ACORD 2!I (2011/03) Certificate # 103126 Revision# 1 @1988-2015ACORD CORPORATION. All right ru1rved. The ACORD name and logo are registered marka of ACORD Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 cfc ADDITIONAL INSURED ENDORSEMENT ATTACHING TO POLICY NUMBER: THE INSURED: WITH EFFECT FROM: PSN0340392150 New City Consulting Inc 22 June 2025 It is understood and agreed that the following amendments are made to this Policy: 1. The following DEFINITION is added: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 us 2. Where an "Additional insureds" CONDITION exists in this Policy, additional insureds are included as a third party. 3. Where an "Additional insureds" CONDITION does not exist in this Policy, the following CONDITION is added: Additional insureds Additional insureds are indemnified under this Policy as if they were you, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of any claim arising solely out of an act, error or omission committed by you or on your behalf, provided that had the claim been made against you, then you would be entitled to indemnity under this Policy. Before we indemnify any additional insured, they must prove to us that the claim arose solely out of an act, error or omission committed by you or on your behalf and fully comply with CONDITION 1 as if they were you. When this CONDITION applies, it will be primary and non- contributory to the additional insured's own insurance but only if Unique Market Reference No. B087523C9N5051, B087523C9N5053 ©1999-2024 CFC Underwriting Ltd, All Rights Reserved Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 cfc you and the additional insured have entered into a contract that contains a provision requiring this. Whilst additional insureds are indemnified under this Policy, any claim made by additional insureds against you will be treated by us as if they were a third party and not as a named insured. 4. The following CONDITION is added: Notice of cancellation to additional insureds If we give you notice of cancellation in accordance with the "Cancellation" CONDITION, we will endeavour to provide the same notice of cancellation to additional insureds; however, not doing so will not place any additional liability upon us. SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE POLICY Authorised Signatory ~ CFC Underwriting Ltd Unique Market Reference No. B087523C9N5051, B087523C9N5053 ©1999-2024 CFC Underwriting Ltd, All Rights Reserved 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:06/02/25 Policy Expiration Date:07/12/26 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEC AT3BCT Endorsement Number: Effective Date:07/12/25 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:NEW CITY CONSULTING INC. 31959 VIA ARARAT DR BONSALL CA 92003 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 Carlsbad , 1635 FARADAY AVE, CARLSBAD, CA, 92008 1 Docusign Envelope ID: 17D2BF0E-F008-42DE-923D-74DA6CAE8360 ~' A