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HomeMy WebLinkAboutDiamond Designs LLC; 2026-02-09; PR-MPW-25017PDocusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 269thFebruary Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT BALLFIELD LASER LEVELING & RENOVATIONS; CONT. NO. PR-MPW-25017P 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. #519, San Diego, CA 92128 ("Contractor"). City and Cont ractor 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 fo r 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 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 t he 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 & RENOVATIONS CONT. NO. PR-MPW-25017P Page 1 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 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 su bcontractor 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 Boa rd (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. CONSTRUCTI ON 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 qua lity 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 t hei r own Procore support, as needed, either through the on line 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, RFls, submittals, schedules, change orders, project documents, as well as any deficient BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 2 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking#: observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Proco re 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 fa lse claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an ad ministrative debarment proceeding wherein the con ctor may be prevented from further bidding on public contracts for a period of up to five (5) years and h debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contra r o subcontractor 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 sha ll 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 t hat 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 11A:X11; 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 11occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate li mit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be t wice the req uired occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insuran ce 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 & RENOVATIONS CONT. NO. PR-MPW-25017P Page 3 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking#: non-scheduled. The automobile insurance certificate must state the coverage is for 11any 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. H\!DEMNITY. 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 performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. 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 & RENOVATIONS CONT. NO. PR-MPW-25017P Page 4 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 CONTRACTOR'S INFORMATION. Diamond Designs LLC (name of Contractor) 1025791 (Contractor's license number) C27; 4/30/2027 (license class. and exp. date) 1000048391;6/30/2027 (DIR registration number/exp. date) Tracking#: 11956 Bernardo Plaza Dr. #519 (street address) San Diego, CA 92128 (city/state/zip) 858-688-1701 (telephone no.) mosborne1@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. BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P [signatures on following page] Page 5 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 CONTRACTOR Michael Osborne, President and CFO (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 Director ATTEST: SHERRY FREISINGER, City Clerk Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. lf..s 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: 111-\.\ ut()lA,$ Deputy/ Assistant City Attorney BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 6 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 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 to be Subcontracted Business Name and Address o 0 '1 Total% Subcontracted: 0 DIR Registration No. License No., & Expiration Date Classification & Expiration Date The Contractor must perform no less than 50% of the work with its own forces. BALLFIELD LASER LEVELING & RENOVATIONS %of Total Contract CONT. NO. PR-MPW-25017P Page 7 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking#: EXHIBIT B SCOPE OF WORK AND COST Scope of Work Summary: The project involves comprehensive baseball/softball field renovations at Aviara Oaks Middle School, Chase Field, La Costa Heights and La Costa Meadows. Work centers on improving playability, safety and compliance through infield reconstruction, grading, edging and installation of key field components. Aviara Oaks Middle School 0 Infield Mix o Install 50 tons of Angels infield mix m 25 tons on the infield a 25 tons on the warning track <> Laser Grade (2) Fields o Rototill and laser grade 0 Install Infield Conditioner o (40) -40 lbs. bags Dura Edge conditioner " 20 bags per field " Grand Arc Edging o Edging between the dirt infield and outfield turf grand arc o Backfill edges o Dispose spoils 0 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 e Lip Reduction o Lip reduction around dirt infield and turf outfield arc 0 Install (1) Pitching Rubber o Core out existing material and pack new clay into pitchers' circle o Install DuraEdge premium packing clay ., (20} 50 lbs. bags of Dura Edge premium packing clay " Install Home Plates o (2) BOLCO wood home plate " Base Anchor Installation o Reset (6) base anchors, home plate, and pitching rubber Total: $15,785.00 BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 8 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Chase Field "' Infield Mix o Install 25 tons of Angels infield mix 0 Distributed between all (3) fields "' Laser Grade (3) Fields o Rototill and laser grade "' Install Infield Conditioner o (60) -40 lbs. bags Dura Edge conditioner 8 20 bags perfield " Grand Arc Edging o Edging between the dirt infield and outfield turf grand arc o Backfill edges o Dispose spoils 0 Batter's and Catcher's Box Tracking#: o Reconstruction and leveling with excavation of old material, adding new material and compaction o Install Dura Edge premium packing clay "' Lip Reduction o Lip reduction around dirt infield and turf outfield arc 0 Install (3) Pitching Rubber 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 0 (25) 50 lbs. bags of DuraEdge premium packing clay o Distributed between all (3) fields 0 Install Home Plates o (3) BOLCO wood home plate 0 Base Anchor Installation o Reset (9) base anchors to line up with foul poles, home plate, and pitching rubber !l 3 base anchors per field Total: $16,750.00 La Costa Heights "' Infield Mix o Install 50 tons of Angels infield mix (2) fields " 25 tons per field "' Laser Grade (2) Fields o Rototill and laser grade "' Install Infield Conditioner o {40) -40 lbs. bags Dura Edge conditioner BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-2S017P Page 9 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking#: " 20 bags per field ® Grand Arc Edging o Edging between the dirt infield and outfield turf grand arc o Backfill edges o Dispose spoils 0 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 ® (20) 50 lbs. bags of Dura Edge premium packing clay o 10 bags per field "' Lip Reduction o Lip reduction around dirt infield and turf outfield arc ., Install (3) Pitching Rubber o Core out existing material and pack new clay into pitchers' circle o Long lane for (3) pitching rubbers " 1 field (2) pitching rubbers □ 1 field (1) pitching rubber o Install DuraEdge premium packing clay "' (20) 50 lbs. bags of Dura Edge premium packing clay o 10 bags per field ., Install Home Plates o (2) BOLCO wood home plate ., Base Anchor Installation o Reset (6) base anchors line up with foul poles, home plate, and pitching rubber "' (3) base anchors per field Cost: $13,460.00 la Costa Meadows @ Infield Mix o Install 25 tons of Angels infield mix (2) fields " 12.5 tons per field 0 Laser Grade (2) Fields o Rototill and laser grade 0 Install Infield Conditioner o (40) -40 lbs. bags Dura Edge conditioner ~ 20 bags per field " Grand Arc Edging o Edging between the dirt infield and outfield turf grand arc o Backfill edges o Dispose spoils o Batter's and Catcher's Box BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 10 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking#: o Reconstruction and leveling with excavation of old material, adding new material and compaction o Install DuraEdge premium packing clay o (20) 50 lbs. bags of Dura Edge premium packing clay o 10 bags per field 0 Lip Reduction o Lip reduction around dirt infield and turf outfield arc a Install (3) Pitching Rubber o Core out existing material and pack new clay into pitchers' circle o Long lane for (3) pitching rubbers "' 1 field (2) pitching rubbers "' 1 field (1) pitching rubber o Install Dura Edge premium packing clay "' (20) 50 lbs. bags of Dura Edge premium packing clay o 10 bags per field €l Install Home Plates o (2) BOLCO wood home plate @ Base Anchor Installation o Reset (6) base anchors line up with foul poles, home plate, and pitching rubber " (3) base anchors per field Cost: $11,710.00 Subtotal: $57,705.00 Labor & Materials Bond, and other compliance requirements: $2,910.00 Sales Tax: $1,680.20 TOTAL COST*: $62,295.20 Ei:emption: 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 taxes, fees, applicable prevailing wage, labor and materials bond, expenses and all other costs. BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 11 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking#: EXHIBIT C Bond No. CE12823700014 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 & RENOVATIONS CONTRACT NO. PR-MPW-25017P 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 Sixty two thousand two hundred ninety five 20/100 ($62,295.20) dollars ($ __ ), 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 oftime, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall a-:fect its obligations on this bond, and it does hereby waive notice of any change, extension of time, BALLFiELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 12 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking#: 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. 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 16th day of __ ,..D""'e""c""e ... m....,b.,_,e..,r _______ _,, 2025. ~==='-'="-"""'1>'""'¥"""'-'""----(SEAL) Philadelphia Indemnity Insurance Company{SEAL) (Surety) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: Deputy/ Assistant City Attorney BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 13 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cymvyd, 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, Chris Papke or Karen Wentling of Philadelphia Indemnity Insurance Company, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances, consents of surety 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 141h ofNovember 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 CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 21 sr DAY OF AUGUST 2025. (Seal) Philadelphia Indemnity Insurance Company On this 21 si day of August, 2025, 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 Ptnmylvanla • Uotary Seal PAUU. U.RE • Notary Public Montgomery County My Commission Expires October 15, 2026 Commission Number 119'l866 Notary Public: residing at: My commission expires: Bala Cynwyd October 15, 2026 I, Angelique Cooper, Corporate Secretmy 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 21 si day of August, 2025 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 I have subscribed my name and affixed the facsimile seal of each Company this 16th day of December, 2025. Angelique Cooper, Corporate Secretmy PHILADELPHIA INDEMNITY INSURANCE COMPANY Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. J>~1msylvania State of ~ County of Dauphin On December 16, 2025 before me, __ T_ab_b_a_th_a_K_e~p_n_e_r ____________ _ Date Here Insert Name and Title of the Officer personally appeared _Karen Wentling Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Commonwealtl1 of Pennsylvania· Notary Seal Tabbatha Kepner, Notary Public Dauphin County - My commission expires April 12, 2026 Commission number 1411677 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /;JdQA]J ---)dy/Vll/L/ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 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 Complia nee (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 ot her 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 & RENOVATIONS CONT. NO. PR-MPW-25017P Page 14 City Attorney Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Tracking #: EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTI FICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requ irements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to t he penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is t rue and correct: 'f) The Fleet is subject to the requirements of the Regulation, and t he appropriate Certificate(s) of e eported Compliance have bee n attached hereto. D The Fleet is exe mpt from t he Regulation under Section 2449.l (f)(2), and a signed description of t he subject ve hicles, 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 Regulat ion pursuant t o Section 2449.l{f)(3}. Contractor sha ll keep detailed records describing the normal refueling met hods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procu re 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 veh icles 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 t he Regulation or are otherwise exempt and a detailed reasoning is attached to t his certification. Date: BALLFIELD LASER LEVELING & RENOVATIONS CONT. NO. PR-MPW-25017P Page 15 City Attorn ey Approved 6/5/2024 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 '\ C A LI F O R N I A '"" 41' Jf \,luf• l.) r'().t,q, I DOORS Home I Message Center I Other Tools J I e-ROAR 11 RD Affirmation I HiMlchael. <=> I Owner Information JI Vehicle & Engine JI VDECS JI Compliance Snapshot I I Engine Repower JI Low·Use JI Agricultural JI Vehicle Funding JI Non Standard Engine JI Non Diesel Engine JI Long-Term Rental 11 Tier Phase-out Delay J DOORS ID: 264662 Company Name: DIAMOND DESIGNS LLC Fleet Type: Off-Road Diesel DOORS Disclaimer Fleet Compliance Snapshot As of Today (April 22, 2025) v I Refresh Fleet Data j Your fleet, as currently reported, has met the off-road regulation performance requirements through the January 1, 2029 compliance date. Since your fleet has 500 horsepower or less, it qualifies for the optional compliance schedule. Under this provision, your fleet has met the off-road regulation performance requirements through the January 1, 2029 compliance date. See the Compliance Summary table below for details. The Tier Phase Out and Renewable Diesel requirements may also apply to your fleet. 'This determination is based on the make up of your CURRENT 0eet In DOORS, which Includes age and horsepower of engines, relrof,1s (if any), vehldes sold (cred1ls, if any), exempt vehicles such as Low-Use (1f any), sub0eets (1f any), and other credits (~ any1. Current Fleet Statistics Fleet Size: Small Number of Vehicles: In Fleet Average: 1 Low-Use: 0 Exempt Not Low-Use: 2 Vehicles in Funding Contracts: 0 Vehicles in Fleet: 3 Horsepower (in fleet average): 65 Total Fleet Horsepower: 187 First Compliance Date: January 1, 2019 '" Total family horsepower is the sum of the horsepower of any parent company, subsidiary, or o(her fleet related to the curren( fleet. Click the "Show Fleet Family" option button on the reporting home page for more Information. Fleet Target and Average Emission Rates (g/bhp-hr) January 1, Year 2019 2020 2021 2022 2023 2024 2025 2026 2027 Target 6.5 6.2 5.8 5.4 5.0 4.6 4.2 3.8 3.4 Average 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Beyond 2028, Fleet Target Rates will no longer decrease each year, but will still be recalculated using the final year target values to account for changes in fleet composition. Requirements Your Current Fleet Average: 3.0 2028 3.0 3.0 To be In compllancc each year, the nee! average must be lowor than or equal lo the ncet target, OR lhe fleet mus! meet lhe required BACT amounl For more information, please see !he FAQs on Fleet Average and BACT. Compliance Summary Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 Compliance Date Begin Credit Credit Use/Expired End Credit In Compliance? Compliance Method BACT Requirement 2019-01-01 0 0 0 yes Oplional Comp. Schd. na 2020-01-01 0 0 0 yes Optional Comp. Schd. na 2021-01-01 0 0 0 yes Optional Comp. Schd. na 2022-01-01 0 0 0 yes Optional Comp. Schd. na 2023-01-01 0 0 0 yes Optional Comp. Schd. na 2024-01-01 0 0 0 yos Optional Comp, Schd. na 2025-01-01 0 0 0 yes Optional Comp. Schd. na 2026-01-01 0 0 0 yes Optional Comp. Schd. na 2027-01-01 0 0 0 yos Optional Comp. Schd. na 2028-01-01· 0 0 0 yes Optional Comp. Schd. na All existing BACT credits expire after the 1/1/2028 compliance date. 2029-01-01 0 0 0 YH Optional Comp. Schd. Recent Year Fleet Size Year 2018 2019 2020 2021 2022 2023 2024 2025 Fleet Size Small Small Small Small Small Small Small Small Optional Compliance Schedule for Fleets with 500 HP or Less Compliance Fleet Percent of Fleet (by hp) Which Must Required Tier 2 Tier 2 or Higher In Compliance? Date Total HP Have a Tier 2 or Higher Engine or Higher Engine HP Engine HP In Fleet 2019-01-01 187 25% 187 X 25% = 47 187 yes 2022-01-01 187 50% 187 X 50% = 94 187 yes 2026-01-01 187 75% 187 X 75% = 140 187 yes 2029-01-01 187 100% 187 X 100% = 187 187 yes -View Snapshot Calculation Detail • View Sold Vehicles With No Credit ~ The Early Credit FAQ provides an explanation of the eal1y credits (which are credits 2449.1(b)13 -16), and shows example calc.ulatlons. If you have quosllons about this pago, please contact ARB at doors@arb.ca.gov or call 1(877) 59-000RS. Back to Top I All ARB Contacts I A·Z Index 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 01/22/2026 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 NXT3TJPF97-01-GL 12/01/202512/01/2026 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 74904B250ALI 1/1/2026 1/1/2027 1,000,000 1,000,000 A Y X 72WECAK9XXW 05/01/202505/01/2026 1,000,000 1,000,000 1,000,000 The City of Carlsbad is included as an Additional Insured as respects to General Liability, as required by written contract. Coverage is subject to the terms, conditions, and exclusions of the policy. Thirty (30) days’ notice of cancellation will be provided, except ten (10) days for non-payment of premium. City of Carlsbad/CMWD 1200 Carlsbad Village Drive Carlsbad CA 92008 Diamond Designs, LLC. 11956 BERNARDO PLAZA DR unit: 519 SAN DIEGO 01/22/2026 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 NXT3TJPF97-01-GL 12/01/202512/01/2026 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 74904B250ALI 1/1/2026 1/1/2027 1,000,000 1,000,000 A Y X 72WECAK9XXW 05/01/202505/01/2026 1,000,000 1,000,000 1,000,000 The City of Carlsbad is included as an Additional Insured as respects to General Liability, as required by written contract. Coverage is subject to the terms, conditions, and exclusions of the policy. Thirty (30) days’ notice of cancellation will be provided, except ten (10) days for non-payment of premium. City of Carlsbad/CMWD 1200 Carlsbad Village Drive Carlsbad CA 92008 Diamond Designs, LLC. 11956 BERNARDO PLAZA DR unit: 519 SAN DIEGO Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 ACORD® I ~ I x ~ D [&] ~ ~ n n n X ~ X X X ~ I I XI I I □ I Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 POLICY NUMBER: NXT3TJPF97-01-GL COMMERCIAL GENERAL LIABILITY CG 20 18 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises City of Carlsbad/CMWD 1200 Carlsbad Village Drive Carlsbad, CA 92008 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 their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule. 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. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to: Section Ill -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. CG 20 18 0413 © Insurance Services Office, lnc.,2012 Page 1of 1 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 POLICY NUMBER: NXT3T JPF97-01-GL COMMERCIAL GENERAL LIABILITY CG24010413 PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART City of Carlsbad/CMWD 1200 Carlsbad Village Drive Carlsbad, CA 92008 SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG24010413 © Insurance Services Office, Inc., 2008 Page 1 of 1 CG 24 04 05 09 POLICY NUMBER: 72WECAK9XXW This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE © Insurance Services Office, Inc., 2008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. City of Carlsbad/CMWD 1200 Carlsbad Village Drive Carlsbad, CA 92008 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 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:05/01/26 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEC AK9XXW Endorsement Number: Effective Date:Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:Diamond Designs, LLC. 11956 BERNARDO PLAZA DR UNIT 519 SAN DIEGO CA 92128 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 008 01/22/26 01/22/26 City of Carlsbad/CMWD, 1200 Carlsbad Village Drive, Carlsbad CA 92008 Docusign Envelope ID: CEFE4B2F-F534-4EBC-A807-556F242989A6 ?