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PCH Construction Co; 2026-07-28; PWM26-4084TRAN
PWM26-4084TRAN Downtown Tile Repair Page 1 City Attorney Approved 4/16/2026 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT DOWNTOWN 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 1480 Ronald Lane, Vista, California, 92083 (“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. Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 July28th PWM26-4084TRAN Downtown Tile Repair Page 2 City Attorney Approved 4/16/2026 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 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- Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 PWM 26-4084TRAN certification-subcontractor . The Contractor is responsible for attaining their own Proco re 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, RFls, 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. 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 Liabil ity 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 Downtown Tile Repair Page 3 City Attorney Approved 4/16/2026 PWM26-4084TRAN Downtown Tile Repair Page 4 City Attorney Approved 4/16/2026 Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than……..$2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the 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. Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 PWM26-4084TRAN Downtown Tile Repair Page 5 City Attorney Approved 4/16/2026 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. 1480 Ronald Ln (name of Contractor) 1028677 (street address) Vista, CA, 92083 (Contractor’s license number) B – 7/31/2027 (city/state/zip) 760-842-3474 (license class. and exp. date) 2000014282 - 6/30/27 (telephone no.) Travis.pchconstruction@gmail.com (DIR registration number and exp. date) (e-mail address) AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. [signatures on following page] Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 CONTRACTOR PCH CONSTRUCTION CO., a sole proprietorship By~ C-- ~ (sign here) Travis Grunow, Owner (print name, title) (sign here) ~-.1 //'CJ';.µ ( 01,,,.J :110:,,--- (print name, tit1le) PWM 26-4084TRAN 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. If a 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: ___ 11_iwi_G____.__b1A,_S ____ _ Assistant City Attorney Downtown Tile Repair Page 6 City Attorney Approved 4/16/2026 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 PWM 26-4084 TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and DIR Registration License No., %of to be Address No. & Expiration Classification Total Subcontracted Date & Expiration Contract Date Total% Subcontracted: 0 :«{' I The Contractor must perform no less than 50% of the work with its own forces. Downtown Tile Repair Page 7 City Attorney Approved 4/16/2026 PWM26-4084TRAN Downtown Tile Repair Page 8 City Attorney Approved 4/16/2026 EXHIBIT B DOWNTOWN 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 Repair $72,000 2 EA $600 1 Right of Way Permit $600 3 EA $1,750 1 Work Performance Bond $1,750 TOTAL* $74,350 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 Premium Subject to Adjustment Based on Final Contract Price EXHIBIT C LABOR AND MATERIALS BOND PWM 26-4084TRAN Bond No. 101087567 Initial Premium: $1,487.00 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: DOWNTOWN TILE REPAIR CONTRACT NO. 4760 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 four thousand three hundred fifty dollars ($74,350), 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. Downtown Tile Repair Page 9 City Attorney Approved 4/16/2026 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 PWM26-4084TRAN 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. 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 _13_th ___ day of __ J_ul_Y _________ ~ 2026. _P_C_H_C_on_s_tru_c_ti_on_c_o ________ {SEAL) J Principal) By:/1,/L---~ .. {Signature) ---r::, l''j 6 Tf_,) W, (A) 0 (~) 71ef/' (Name/Title) _A_m_er_ic_an_C_on_tr_a_ct_or_s_ln_d_em_n_ity_c_o_m_pa_n_y __ (SEAL) Vincent An, Attorney-in-Fact (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: ___ ll_i~_¼_,_tJ_l/1.,_S ___ _ Assistant City Attorney Downtown Tile Repair Page 10 City Attorney Approved 4/16/2026 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 ACKNOWL EDGMENT 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 on ___ J_U_L_l _3_2_02_6 ___ before me, ___ N_a_t_al_ie_L_a_n_da_,_N_o_ta_ry_P_u_b_lic ___ _ (insert name and title of the officer) personally appeared ___________ V_in_c_e_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 r:Jie 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 sreal /'--", --~\ ? L 6 Ar· 1:-signature ------+--L+-------1 \ (Seal) ········~ NATALIE LANDA Notary Public • California 2 Oranse County ~ Commission ~ 2496656 y Comm. Expire\ Aus 5. 2028 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 '\"j TOKIOMARINE '-.1'.~ HCC KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY 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 power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety regarding bond number 101087567 , providing lhe bond penalty does not exceed One hundred thousand and 00/100 Dollars ( $100,000.00 ). 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 pt 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 ortem1inating 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 Indemnity .,98(1},P,any has caused its seal to be affixed hereto and executed by its President on this 20th day of November, 2024. ,.•<\~,.,;1ori~-·,,.,., _: '.s:i-' , ·',;;), AMERICAN CONT CTO INDEMNITY COMPANY } :r .'i sy :: ~ INCORPORATE□ :: ::-'0 t) . SEPT25 1990. c~l ~-,---,--.,.,---,--,-resident jANotary Public or other officer completing thisc -e-rt-ifi-1c-a-te"'""·v-e--'-· JH!M:'1'>nty the identity of the individua_l who signed the document to which l_thjs certificate Is attached. and not the lruthful11ess. accuracy, or_'{_?JIdIty of that docum_e_n_t. ___ --------------~ State of California County of Los Angeles On this 2011' day of November, 2024, before me, D L1t1lefield, 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 to the within instrument and acknowledged lo me tllat he executed the same in his authorized capilcity. and tllat 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. WITNESS my hand and official seal. ~@• ~ 9 ~ :~~-~.:•1 ~ • I • ~\::lo • s;gaat",e C '~-U ~ (seal) L . ~,-............ ! I, Kio Lo, Assistant=::;; oU\rencan 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 and effuct. IN WITNESS WHEREOF, 13th day of ______ ->LJ,!J~------ Bond No. Agency No __ 1~0~1087567 ___ ,=58_73 --- HCCSOZZPOAACIC07/2025 PWM26-4084TRAN Downtown Tile Repair Page 11 City Attorney Approved 4/16/2026 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: B1332189-BF73-85CF-82CC-78418B85DB75 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 PWM26-4084TRAN EXHIBIT D (CONT.} IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s} ("Fleet"} is true and correct: □ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s} of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under Section 2449.1(f}(2}, and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Contractor and/or their subcontractor is unable to procure R99 or RlO0 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f}(3}. Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids}. □ 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}. 1\6] The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoningisattachedtothiscertification. T-h.xJe N~ Ot<-.s·e/ \/,:...hrc,../v-:;,, Name of Contractor: PCH Construction Co. ----- Name: Travis Grunow Title: Owner --------------------- Date: Downtown Tile Repair Page 12 City Attorney Approved 4/16/2026 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 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 ~i~I~CT Customer Service Department Gaslamp Insurance Services, LLC PHONE I FAX (800)920-4107 IA/C No Extl: (800) 920-4125 IAIC, 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, Vista, CA 92083 INSURERE: 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 ,~, POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ $1,000,000 I CLAIMS-MADE [g] OCCUR ISCP04000065838 09/29/2025 09/29/2026 DAMAGE TO RENTED $ $50,000 PREMISES IEa occurrence) 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-□LOG $ $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 AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accidentl $ = -$ UMBRELLA LIAB f9 0CCUR EACH OCCURRENCE $ 2,000,000 x ISCCX03000009259 09/29/2025 09/29/2026 B EXCESSUAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED I I RETENTION $ $ WORKERS COMPENSATION I ~ffTuTE I IOTH- 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 SUTTO I\! 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 Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/22/2026 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Prooressive Commercial Lines Customer and Aoent Servicino Gaslamp Insurance Services PHONE I FAX 2244 FARADAY AVE., ST, CARLSBAD, CA 92008 (AJC, No, Ext): 1-800-444-4487 IAJC Nol: itlJ~ss: progressivecommercial@email.progressive.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A: United Financial Casualty Company 11770 INSURED INSURER B: PCH Construction Co 1614 Valleda In INSURER C: Encinitas, CA 92024 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 632275702077136905D052226T114954 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ~ -□ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) $ MED EXP (Any one person) $ -PERSONAL & ADV INJURY ~ -GENERAL AGGREGATE $ ~ GEN'L AGGREG□ATEP~~'.T A□PPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY JECT LOG OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $2 000 000 X ANYAUTO -BODILY INJURY /Per oersonl ~ A OWNED -x SCHEDULED N N 866180354 05/24/2026 11/24/2026 AUTOS ONLY _ AUTOS BODILY INJURY (Per accident) $ -HIRED NON-OWNED PROPERTY ?AMAGE $ -AUTOS ONLY -AUTOS ONLY (Per accident ~ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ --EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I Hfn1TFI I ~~H-AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below See ACORD 101 for additional coverage details. $ A N N 866180354 05/24/2026 11/24/2026 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PCH Construction Co ACCORDANCE WITH THE POLICY PROVISIONS. 1614 Valleda In Encinitas, CA 92024 AUTHORIZED REPRESENTATIVE ~127:. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page _1_of 1 AGENCY NAMED INSURED Gaslamp Insurance Services PCH Construction Co POLICY NUMBER 1614 Valleda In Encinitas, CA 92024 866180354 CARRIER I NAIC CODE United Financial Casualty Company 11770 EFFECTIVE DATE: 05/24/2026 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: _2_5 __ _ FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits 'tj~-i~~,-u~e,ii(i~cie~i~su"reci ·Moia"r"isi • • • • • • • • • • • • • • • • • • • • • • • • ·s3ii.'cii:ii:ihfoi:i."cii:ii:i • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Description of LocationNehicles/Special Items Scheduled autos only ................................................................................................................... 2013 TOYOTA TUNDRA 5TFDY5F1XDX290199 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: B1332189-BF73-85CF-82CC-78418B85DB75 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]