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HomeMy WebLinkAboutVista Fence Company Inc; 2025-11-08; PWM26-3941UTILPWM26-3941UTIL LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 1 General Counsel Approved 6/5/24 CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT LA COSTA HI RESERVOIR GATE IMPROVEMENTS; CONT. NO. 50241 This contract is made on the _____________ day of _________________________, 2025 (“Contract”), by the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, hereinafter referred to as “CMWD”, and Vista Fence Company, Inc., a California corporation, whose principal place of business is 1131 S. Santa Fe Ave., Vista, CA 92083 ("Contractor"). CMWD 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,” 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 in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Daniel Zimny (CMWD Project Manager) PAYMENT. CMWD shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, installation, 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 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 November18th PWM26-3941UTIL LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 2 General Counsel Approved 6/5/24 by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with 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 CMWD with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCE 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 C. 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 Procore 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 Procore 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.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, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 PWM26-3941UTIL 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 CMWD 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 may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for CMWD to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: Tyler Griffiths REQUIRED INSURANCE. The successful contractor shall provide to CMWD, 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 CMWD prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance 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 non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 3 General Counsel Approved 6/5/24 PWM26-3941UTIL LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 4 General Counsel Approved 6/5/24 The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to CMWD prior to such cancellation. The policies shall name CMWD as an additional insured. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. WORKERS COMPENSATION AND EMPLOYER’S LIABILITY. Worker’s 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 CMWD), indemnify, and hold harmless CMWD, the City of Carlsbad, 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 performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of CMWD. 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within Forty (40) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Vista Fence Company, Inc. 1131 S. Santa Fe Ave. (name of Contractor) 519456 (street address) Vista, CA 92083 (Contractor’s license number) C-13-Fencing – 10/31/2025 (city/state/zip) 760-941-1629 (license class. and exp. date) 1000012912-6/30/2027 (telephone no.) jaime@vistafence.com (DIR registration number/exp. date) (e-mail address) Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 PWM26-3941UTIL 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. CONTRACTOR VISTA FENCE COMPANY, INC., a California corporation By: (sign here) Tyler Austin Griffiths, Vice President (print i1ame, title) By: Jacob Robert Griffiths, Chief Financial Officer (print name, title) CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: AMANDA L. FLESSE, General Manager, as authorized by the Executive Manager ATTEST: SHERRY FREISINGER, Secretary By: Assistant Secretary If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached.~ 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, General Counsel BY: ___ t1_i~~Y1~blA,_S ___ _ Assistant General Counsel LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 5 General Counsel Approved 6/5/24 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 PWM26-3941UTIL EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a 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 to Business Name and Address DIR Registration License No., %of be No. & Exp. Date Classification Total Subcontracted & Expiration Contract Date i'JOI f Total% Subcontracted: ______ _ The Contractor must perform no less than 50% of the work with its own forces. LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 6 General Counsel Approved 6/5/24 PWM26-3941UTIL LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 7 General Counsel Approved 6/5/24 EXHIBIT B LA COSTA HI RESERVOIR GATE IMPROVEMENTS JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Demo and dispose of existing gates. Supply and install 1-16'x8' Galvanized chain link gate with barbed wire and razor ribbon. Gate to have welded wheel box, 6" Power V Track wheel, 1-5/8" DQ40 Safety Pipe Track, 4" DQ40 support posts set 36" in concrete, and 5" galvanized iron safety wheels. Gate automated with Lift Master SL3000501U operator, keypad with SDGE & FD key access on housing and gooseneck, Safety Bar, Loop Detector, and 12" concrete pad with embedded V Track. 13 Linear Feet of 8 FT 9 Ga galvanized chain link fencing using 2- 3/8" DQ40 Line posts and anchoring to existing terminal and new latch post. 3 strands of 4- pint barbed wire and coiled razor ribbon. $43,986.00 TOTAL* $43,986.00 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 EXHIBITC LABOR AND MATERIALS BOND PWM26-3941UTIL Bond No. 101556631 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has awarded to Vista Fence Company, Inc. (hereinafter designated as the 11Principal11), a Contract for: LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONTRACT NO. 50241 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, Vista Fence Company, Inc., as Principal, (hereinafter designated as the "Contractor"), and Merchants National Bonding, Inc. as Surety, are held firmly bound unto CMWD in the sum of forty three thousand nine hundred eighty six dollars ($43,986.00), 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 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. LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Pages General Counsel Approved 6/5/24 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 PWM26-3941UTIL This labor and materials bond may be approved as to form by the General Counsel for CMWD in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this __ 2_2_n_d ___ day of October _v_is_t_a_F_e_n_c_e_c_o_m_p_a_ny_ln_c_. __ (SEAL) (Principal) 2025 (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON General Counsel By: ___ t1_i~_YJ ...... l>_1A,_S ___ _ Assistant General Counsel LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page9 General Counsel Approved 6/5/24 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 MERCHAN~ BONDING CQMPANYrM POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Fauerbach their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the By-Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. By President STATE OF IOWA COUNTY OF DALLAS ss. On this 22nd day of October 2025 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANT:; BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective oards of Directors. Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) Notary Public I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF- A TTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of October , 2025 . . . . . . . . . . ................ ,. ....... ... •• ~\NG co;_•. ··••.._-t\ON,4, •••• •• "'ALfNl) •• • ,;;:,~ ......... ''I',() • •• ~r ......... 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NO. 50241 Page 10 General Counsel Approved 6/5/24 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 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. CMWD 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 CMWD’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Contract 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 CMWD. Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 PWM26-3941UTIL EXHIBIT D (CONT.} IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB' 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: D 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.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Contractor and/or their subcontractor is unable to procure R99 or RlOO renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(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). □ 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 attached to this certification. Name of Contractor: Vista Fence Company, Inc. Signature:--~-""'----==-----___________ _ Name: Tyler Griffiths Title: Vice President Date: 10/2/ir f LA COSTA HI RESERVOIR GATE IMPROVEMENTS CONT. NO. 50241 Page 11 General Counsel Approved 6/5/24 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 10/1/2025 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Gerrv Johnston NAME: RG Business Insurance Agency, Inc. PHONE 626-214-7908 I r~.No\: 626-214-7969 CDS Insurance Services llilf". u,. 1:vtl• E-MAIL 2001 E. Financial Way, Suite 201 ADDRESS: aiohnston®mbusinessinsurance.com Glendora, CA 91741 INSURER(S) AFFORDING COVERAGE NAIC## Agency License #: 0555729 INSURER A: Sutton Soecialtv Insurance Comoanv 16848 INSURED INSURER&: Infinity Select Insurance Companv 20260 Vista Fence Company Inc. INSURERC: 1131 S. Santa Fe Ave. Vista CA 92083 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 87491972 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~p_L S~l!_R ,:SM%~ ,:~i~ UMJTS LTR POLICY NUMBER A ✓ COMMERCIAL GENERAL LIABILITY ✓ ISCP04000053511 4/22/2025 4/22/2026 EACH OCCURRENCE S 1,000,000 I CLAIMS-MADE Ct] OCCUR UAMAUC T;il'(t:N I CU PREMISES Ea occurrence\ S 100 000 MED EXP (Any one person) SS.000 -PERSONAL & ADV INJURY -S1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R 0 PRO-DLoc PRODUCTS -COMP/OP AGG $2,000 000 POLICY JECT OTHER: $ B AUTOMOBO.E LIABILITY 50018572701 10/29/2025 10/29/2026 f{:~~~~~tflNGLE LIMIT s 1.000 ooo -L ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY CPer accident\ I--$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION IPER I IOTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ lfles, describe under D SCRIPTION OF OPERATIONS below E.L DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Carlsbad, its officers, officials, employees, agents and volunteers are named as Additional Insured under the General Liability as per the attached. Project: All Operations CERTIFICATE HOLDER CANCELLATION Ci~ of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 16 5 Faraday Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE ~~ I RoAer Gutierrez © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 87491972 I 25-26 GL, 25-26 AUTO I Yvonne Paulev I 10/1/2025 10: 11: 30 AH (PDT) I Paqe l of 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/20/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N)GJFV' Adriana Hernandez Matriarch Insurance Services, Inc. ritJgNJio Extl: (916) 917-0525 lf..vc,No): 7653 Lily Mar Lane c-... ~•~ adriana@matriarchinsuranceservices.com ADDRESS: Antelope CA 95843 INSURER($) AFFORDING COVERAGE NAIC# Lie 6012874 INSURER A : SECURITY NATL INS CO 19879 INSURED INSURERB : Vista Fence Company, Inc. INSURERC : 1131 S. Santa Fe Ave. INSURERD : Vista CA 92083 INSURERE: INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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. l'rfR' TYPE OF INSURANCE INSD WVD POLICY NUMBER (M~ro'6ivWv1 (M~10'6iv'Wv1 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE □ OCCUR ...,, "w" ,..,..,,... V , u ... , CL/ $ PREMISES (Ea occurrence) -MED EXP (Any one person) $ PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R □PRO-DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY _,,N<.,Lt: LIMI I $ -(Ea accident) ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ --HIRED NON-OWNED "~~ I Y UAMA<.,t: $ -AUTOS ONLY -AUTOS ONLY (Per accident) $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ ~ORKERS COMPENSATION XlsrATUTE I IERn-16,ND EMPLOYERS" LIABILITY Y/N A 16,NY PROPRIETOR/PARTNER/EXECUTIVE □ N/A y SWC1586146 10/01/2025 10/01/2026 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All Operations. Waiver of Subrogation applies to Workers Comp. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. C/O EXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE P.O. Box 4668-EMC#35050 Adr~ Htr~ I New York NY 10163 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 SUTTO I\I ATIONAL TIIlS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUTTON SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Additional Insured: As required by a legally enforceable written agreement entered into prior to commencement of the Named lnsured's work. Designated Proiect/Location to which this endorsement applies: All Projects and Locations (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section III -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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed during the policy period for the additional insured(s) at the location(s) designated above. B. This insurance does not apply to "bodily injury" or "property damage" that takes place after, and the Additional Insured's status as an additional insured terminates, upon the earlier of when: 1. All work, including materials, parts or equipment furnished by the Named Insured in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor engaged in performing operations for a principal as part of the same project. C. If expressly required by a written and legally enforceable contract entered into by the Named Insured prior to commencement of work by the Named Insured for the Additional Insured, the insurance afforded by the policy to the Additional lnsured(s) listed in the Schedule for the described location(s) is primary insurance. Any other insurance or self-insurance maintained directly by the Additional lnsured(s) is excess of this insurance and shall not contribute to it. Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all endorsements, including the Insuring Agreement. The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured is held liable for the negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: ISCP04000053511 Date: Time: 04/22/2025 12:01 a.m. SSI AIE OOP 00 01 0318 Sutton Specialty Insurance Company By: Lloyd Yavener, President Miche11e Freitag, Secretary 85046475 I 25-26 GL/AUTO/UMB I Gerry Johnston I 4/29/2025 3:36:06 PM (PDT) I Page 2 of 2 Page 1 of 1 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 AM Best Rating Services Sutton Specialty Insurance Company I BestLink O I AMB #: 020810 NAIC #: 16848 FEIN#: 852094463 Mailing Address 110 East Atlantic Avenue, Suite 330 Delray Beach, Florida 33444 United States Web: www.suttonnational.com Phone: 888-846-4238 Fax: 305-397-2138 View Additional Address Information AM Best Rating Unit: AMB #: 018947 -Sutton National Grou12 Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. View additional news, regorts and groducts for this company. Based on AM Best's analysis, 049351 -SNIH Trust is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Rating (Rating Category): Afflllatlon Code: Outlook (or Implication): Action: Effective Date: Initial Rating Date: A-(Excellent) g (Group) Stable Affirmed January 07, 2025 October 20, 2020 Long-Term Issuer Credit View Definition Rating (Rating Category): Outlook (or Implication): Action: Effective Date: Initial Rating Date: a-(Excellent) Stable Affirmed January 07, 2025 October 20, 2020 Financial Size Category View Definition Financial Size Category: VIII (USO 100 Million to Less than 250 Million) Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Elizabeth Blamble Director: Doniella Pliss Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View AM Best's Rating Disclosure Form Press Release AM Best Removes From Under Review With Negafu,e Implications and Affirms Credit Ratings of Sutton National Group's Members January 07, 2025 Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 u Denotes Under Review Best's Rating Rating History A.M. Best has provided ratings & analysis on this company since 2020. Financial Strength Rating Long-Term Issuer Credit Rating Effective Date Rating Effective Date Rating January 07, 2025 A-January 07, 2025 a- June 12, 2024 A-u June 12, 2024 a-u November 16, 2023 A-u November 16, 2023 a-u November 10, 2022 A-November 10, 2022 a- June 01, 2022 A-June 01, 2022 a- April 04, 2022 A-u April 04, 2022 a-u October 15, 2021 A-October 15, 2021 a- October 20, 2020 A-October 20, 2020 a- Related Financial and Analytical Data The following links provide access to related data records that AM Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name ltlJ!lMZ Sutton National Group (G) Rating Unit Company Description Represents the AM Best Consolidated financials for the Property/Casualty business of this legal entity. Best's Credit & Financial Reports I .w I Best's Credit Repm:t -financial data included in Best's Credit Report reflects the data used in determining the current credit rating(s) for AM Best Rating Unit: AMB #: 018947 -Sutton National Group, Best's Financial ReRO[t -financial data included in Best's Financial Report reflects the most current data available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. l.wl Best's Financial ReRort -Archive -reports which were released prior to the current Best's Financial Report. View additional news, reports and products for this company. Docusign Envelope ID: 103C6892-5CC3-4187-8FFA-D405A54A13E5 Press Releases Jan 07, 2025 Jun 12, 2024 Nov 16, 2023 Jun 16, 2022 Jun 01, 2022 Apr 04, 2022 Title AM Best Removes From Under Review With Negative lmRlications and Affirms Credit Ratings of Sutton National GrouR's Members AM Best Maintains Under Review With Negative lmRlications Status for Credit Ratings of Sutton National Group's Members AM Best Places Credit Ratings of Sutton National GrouR'S Members Under Review With Negative lmRlications AM Best Comments on Credit Ratings of Sutton SRecial!Y. Insurance ComRany and Sutton National Insurance ComRany: AM Best Removes From Under Review, Affirms Credit Ratings of Sutton SJlecial!Y., Sutton National, Merit Life Ins Co and 777 Re Ltd AM Best Places Credit Ratings of Sutton SJlecial!Y. Ins Co, Sutton Nat Ins Co, Merit Life Ins Co and 777 Re. Ltd. Under Review European Union Disclosures A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU. United Kingdom Disclosures A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the United Kingdom (UK). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019. Australian Disclosures A.M. Best Asia-Pacific (Singapore) Pie. Ltd. (AMBAPS), Australian Registered Body Number (ARBN No. 35486928345), is a private limited company incorporated and domiciled in Singapore. AMBAPS is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 540265) under the Corporations Act 2001. Credit ratings emanating from AMBAPS are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAPS does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAPS Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAPS are the opinion of AMBAPS only and not any specific credit analyst. AMBAPS Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Dubai Disclosures A.M. 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