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HomeMy WebLinkAboutPCH Construction Co; 2026-02-13; PWM26-3984TRANPWM26-3984TRAN Village Tile Repair Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT VILLAGE TILE REPAIR This contract is made on the ______________ day of _________________________, 2026 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and PCH Construction Co., a sole proprietorship whose principal place of business is 1614 Valleda Ln, Encinitas, CA, 92024 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” 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: Matt Paxson (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, 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 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 Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D February 13th PWM26-3984TRAN Village Tile Repair Page 2 City Attorney Approved 6/5/24 certifying payroll records, and making them available for inspection. Contractor shall require any subContractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subContractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a Contractor or subContractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subContractor or subconsultant under this Contract, Contractor must furnish the City with the subContractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based 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 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. Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D PWM26-3984TRAN FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ~ Print Name: Travis Grunow REQUIRED INSURANCE. The successful Contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAie) latest quarterly listings report. Commercial General Liability Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. Village Tile Repair Page 3 City Attorney Approved 6/5/24 PWM26-3984TRAN Village Tile Repair Page 4 City Attorney Approved 6/5/24 The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subContractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the 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. CONTRACTOR’S INFORMATION. PCH Construction Co. 1614 Valleda Ln (name of Contractor) 1028677 (street address) Encinitas, CA, 92024 (Contractor’s license number) B & 7/31/2027 (city/state/zip) 760-842-3474 (license class. and exp. date) 2000014282 & 6/30/2027 (telephone no.) Travis.pchconstruction@gmail.com (DIR registration number and exp. date) (e-mail address) Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D PWM 26-3984TRAN 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 PCH CONSTRUCTION CO., a sole proprietorship (sign here) Travis Grunow, Owner (print name, title) (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: PAZ GOMEZ, Deputy City Manager, Public Works, as authorized by the City Manager ATTEST: SHERRY FREISINGER, City Clerk By : Assistant City Clerk If required by City, 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, City Attorney BY: ___ fi_i141_0--'----tJ-1A,_S ____ _ Assistant City Attorney Village Tile Repair Page 5 City Attorney Approved 6/5/24 PWM26-3984TRAN Village Tile Repair Page 6 City Attorney Approved 6/5/24 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 DIR Registration No. & Expiration Date License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than 50% of the work with its own forces. Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D PWM26-3984TRAN Village Tile Repair Page 7 City Attorney Approved 6/5/24 EXHIBIT B VILLAGE TILE REPAIR The Contractor shall replace up to 360 square feet of tile at various identified locations on Carlsbad Boulevard, Carlsbad Village Drive, and Grand Avenue. Tiles to be replaced are cracked, broken, and/or missing. Contractor’s work includes but is not limited to: notifying nearby businesses of work schedule, pedestrian control, cutting and removing damaged tiles, surface preparation, and replacing tiles. Before any work can start Contractor shall obtain a right-of-way permit from the City, a traffic control plan if necessary, and notify any business that may have limited access one week prior to work start. Contractor is responsible to obtain a water meter from Carlsbad Municipal Water District if any city water is needed during the project. Any debris from project must be cleaned up by the Contractor before leaving the project site. All subContractors must be added to the contract in exhibit A prior to execution of the contract. All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, latest edition, the 2024 Standard Specifications for Public Works Construction (Greenbook), 2018 Caltrans Standard Plans and Caltrans Specifications and California Manual on Uniform Traffic Control Devices. Contractor shall use city provided tile and prepare the tile with a sealer prior to installation, use high strength thin set material to bond tile, and finish with high strength grout. The Contractor shall add saw cuts after tile and grout are set to areas of the tile directly above identified concrete joint lines and will seal cuts with approved concrete polyurea joint filler or equivalent. The Contractor shall always leave a 4- foot walking path to ensure a clear path for pedestrian traffic. The Contractor shall notify the project manager immediately if any of the locations may need more square footage replaced than originally agreed upon because of unforeseen issues, i.e. loose or uneven tiles. JOB QUOTATION ITEM NO. UNIT UNIT PRICE QTY DESCRIPTION PRICE 1 SF $200 360 Tile replacement $72,000 2 EA $600 1 Right of Way Permit for the City of Carlsbad $600 TOTAL* $72,600 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D PWM26-3984TRAN Village Tile Repair Page 8 City Attorney Approved 6/5/24 EXHIBIT B CONTINUED (Example Site Images) Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D Premium Subject to Adjustment Based on Final Contract Price* EXHIBITC LABOR AND MATERIALS BOND PWM26-3984TRAN Bond No. 101011092 Initial Premium: $1,452.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to PCH Construction Co. (hereinafter designated as the "Principal"), a Contract for: VILLAGE TILE REPAIR 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, PCH Construction Co., as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Seventy Two Thousand Six Hundred and 00/100 Dollars($72,600), 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. Village Tile Repair Page 9 City Attorney Approved 6/5/24 Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D PWM26-3984TRAN This labor and materials bond may be approved as to form by the City Attorney for the City in counterjj'a:rt,, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this 19th day of November, 2025 ____________ (SEAL) (Principal) By~~ (Signature) ~/1'5 &n>no1,) /oi.>11cr (Name/Title/ (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: ___ ft_i_~-'-yt-+-{)-IA,_S ___ _ Assistant City Attorney Village TIie Repair See Attached Notary Acknowledgment Certificate Page 10 City Attorney Approved 6/5/24 Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange NOV 1 9 2025 Natalie Landa, Notary Public On ___________ before me, __________________ _ (insert name and title of the officer) personally appeared ____________ V_i_n_ce_n_t_A_n ____________ _ 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. 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 ____ C]l-_~-.-------(Seal) Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D TOKIO MARINE. ----HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, VINCENT AN its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number ____ ___:.1..:.0...:..10..:....:..1...:..10..:.9.:..2=------' issued in the course of its business and to bind the Company thereby, in an amount not to exceed -----------=O-'-'-n-=-e ..:...:h-=u=nd=r-=-e-=-d ..;;;.th..:...:o=u=sa=n..:...:d=--a=n..:...:d=--0"-'0'-'-/-'--'1 0a..;;O:;...__ _______ .__~$~1-"'0-"'-0,..,,,,0=0=0.,.,,,0""'0 __ }. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September, 2011 . "Be it Resolved, that the President, any Vice-President. any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors lndem~.(t¥11,\t,,£,mpany has caused its seal to be affixed hereto and executed by its President on this 20111 day of November, 2024. ,<>''~~ST?~/•,,'4 /'c,o; • • :~c.,"\ AMERICAN CONT CTORS INDEMNITY COMPANY !~ 11\ ;~· S~~iita i~i By: \~-'.~f Ada ~1-~ ·c ...... ,., ;• ~( :(,✓-❖ AL,r.o""4\ \,~ A Notary Public or other officer completing this certificate \l~ri ,es only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac . or valldit of that document. State of California County of Los Angeles On this 20th day of November, 2024, before me, D. Littlefield, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed ta the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. i C C C C ft OD.~;.; C O ~ WITNESS my hand and official seal. -e. ~l'lbltc•c.111.,,,.. l i ~=70 -~ • My(.,,.., E,pro, Jon ll. 102' f (seal) I, Kio Lo, Assistant Secretary of A erican Contractors Indemnity Company, do hereby certify that the Power of Attorney and the' resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force al'd ~-ffect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals o[ said Compani,;is at Los Angeles, California this 19th N b 2025 • ''"'"""'""" • day of ovem er -~~-· c(>''';'::,~:-c.ro,,;,1% -"-=--~-• ~~(§" ... ~! ... ~ ~~ lf·. • -~\ · ~ i i<. s~ L9~ '~ J Ki1> !-o, Asslsta \~ ·.8# ~~7.. ·c. ... •:\'a: ,.l~ Visit tmhcc.com/surety for more information' >,,:!_~~.~;.;,,1i~"~ Bond No. 101011092 Agency No. 5873 HCCSOZZPOAACI C1212024 PWM26-3984TRAN Village Tile Repair Page 11 City Attorney 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 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D PWM 26-3984TRAN EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:· 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. D Contractor and/or their subcontractor is unable to procure R99 or RlO0 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). D The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). g The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. T-,. H~ 11~ /\)CJ d((],,$€ / \/,It\ ,·c,/a.~, Name of Contractor: PCH Construction Co. __________ _ ,/ Signature:~ & - Name: Travis Grunow Title: Owner Date: ------------------------- Village Tile Repair Page 12 City Attorney Approved 6/5/24 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 02/11/2026 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 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 ~2:1~CT Customer Service Department Gaslamp Insurance Services, LLC PHONE (800) I FAX (800)920-4107 IA/C No Extl: 920-4125 IA/C, Nol: Brent Nelson E-MAIL ADDRESS: 2244 Faraday Avenue #125 Carlsbad, CA 92008 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: Sutton Specialty Insurance Company 16848 INSURED INSURERB: Sutton Specialty Insurance Company 16848 PCH Construction Co INSURERC: INSURERD: 1480 Ronald Lane, INSURERE: Vista, CA 92083 INSURERF: COVERAGES CERTIFICATE NUMBER: 3672165-001 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 ,~, POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ $1,000,000 I CLAIMS-MADE IZ] OCCUR ISCP04000065838 09/29/2025 09/29/2026 DAMAGE TO RENTED $ $50,000 PREMISES IEa occurrencel MED EXP (Any one person) $ $5,000 -X A PERSONAL &ADV INJURY $ $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 ~ □PRO-DLoc $ $2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) ==== -$ UMBRELLA LIAB f9 0CCUR EACH OCCURRENCE $ 2,000,000 x ISCCX03000009259 09/29/2025 09/29/2026 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED I I RETENTION $ $ WORKERS COMPENSATION I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION 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/CMWD is/are named as Additional Insured, to the extent provided in the attached form(s). *Additional Insured status is subject to all policy terms, exclusions and conditions Revised 02/11/2026. Supersedes all others. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Ave, Carlsbad, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @~~ Brent Nelson I © 1988-2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D Your ID Cards r-----------------------------------------------------7 PROGREIIIVE. Docusign Envelope ID: E57E2A84-E2D6-4636-BBDD-02854E6B6F8D CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, _:r::;--+-V'& __ ,J_l_r 5' __ _,6"""'-v_v'-ri_· O_vl.) __ _c, am the c::::1-vn er [insert name] [title] of fe, H l-o 1/l~f-vvv iron Co I hereby certify that 'P GI-/, ec,,,,,s'7Foc1-T Ol-; C 0 [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should f (]-/ {oi,5f;(JC J}'ot--i 0o employ any person [name of company] during the tenn of the Agreement with the Cia of Carlsbad for -r-h t2 V c) /c::<9 e -t\' le f2 e J?v( ,-(+o ;:[-e. cT., [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. Owviev [Title and name of company or corporation] SUTTO ~ ATIONAL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUTTON SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED ENDORSEMENT INCLUDING PRIMARY COVERAGE AND WAIVER OF SUBROGATION The section of the policy entitled III. -WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in a legally enforceable written contract or agreement entered into before your work commenced, that such person or organization be added as an additional insured on your policy. The coverage afforded by this endorsement is only (1) with respect to liability in connection with the original Named Insured's ongoing operations performed for said Additional Insured during the term of this policy, and (2) only if the Additional Insured performs all obligations required under this policy. The coverage afforded to an Additional Insured is limited to a claim made for a Covered Loss not covered by other insurance available to an Additional Insured, and is limited by the provisions of the Insuring Agreement, Exclusions, Conditions set forth in the policy and all endorsements thereto. No coverage is afforded under the "products-completed operations hazard" for an Additional Insured pursuant to this endorsement. The coverage afforded to an Additional Insured under this endorsement ends as of the date of completion, abandonment, or termination of the work of the Named Insured at any jobsite, project, or structure. There is no coverage hereunder for any Additional Insured in connection with any claim or suit involving any claim for damage that takes place or is alleged to take place following completion of the Named Insured's work. The "work" of the Named Insured will be deemed completed as of the date all work, including materials, parts or equipment furnished in connection with such work, on the project or any structure therein (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 when 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, including another contractor or subcontractor engaged in performing operations as part of the same project, whichever is earlier. The coverage provided for the Additional Insured is only to the extent that the additional insured is held liable for the negligence or strict liability of the Named Insured, and is only to the extent of and in the proportion 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. 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, then the insurance afforded by the policy to the Additional Insured shall be primary insurance, and any insurance or self-insurance maintained by the above Additional Insured shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. 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, then we waive any right of subrogation we may have against an entity that is an Additional Insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" performed under such written and legally enforceable contract with that Additional Insured. Except as set forth above, all of the terms, conditions and exclusions of the policy apply and remain in effect. Policy No.: ISCP04000065838 Date: Time: 09/29/2025 12:01 a.m. SSI AIE OPWS 00 01 0318 Sutton Specialty Insurance Company By: Lloyd Yavener, President S c\L ~ Simon Gildener, Secretary Page 1 of 1