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Vista Fence Company Inc; 2026-08-17; PR-MPW-26012P
Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 26August17th Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LEO CARRILLO RANCH FENCE REPAIRS; CONT. NO. PR-MPW-26012P This contract is made on the ______ day of ----------~ 20_ ("Contract"), by the City of Carlsbad, California, a municipal corporation ("City") and Vista Fence Company, Inc., a California corporation whose principal place of business is 1131 S. Santa Fe Ave., Vista, CA 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 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 the California Labor Code. LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 1 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: 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- LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 2 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: 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, 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: 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 LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 3 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: 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 off site, 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. LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 4 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: 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. LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 5 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 CONTRACTOR'S INFORMATION. Vista Fence Company, Inc. (name of Contractor) 519456 (Contractor's license number) CB-Fencing, 10/31/2027 (license class. and exp. date) 1000012912,6/30/2027 (DIR registration number/exp. date) 1131 S. Santa Fe Ave. (street address) Vista, CA 92083 (city/state/zip) 760-941-1629 (telephone no.) info@vistafence.com (e-mail address) Tracking#: 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] LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 6 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 CONTRACTOR Vista Fence Company, Inc., a California corporation By: ~ (sign here) Tyler Griffiths, Chief Executive Office (print name/title) (sign herd) Jacob Griffiths, Chief Financial Officer (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/ 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: ti~ vtblA,$ Deputy/ Assistant City Attorney LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 7 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 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 Business Name and DIR Registration License No., %of to be Address No. & Expiration Classification Total Subcontracted Date & Expiration Contract Date NoM.. f\)o/l( No11e__ µ\0./\~ ~o;te Total % Subcontracted: 0 ------- The Contractor must perform no less than 50% of the work with its own forces. LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 8 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: EXHIBIT B SCOPE OF WORK AND COST Scope of Work Summary Contractor will repair and replace fencing and structural components throughout Leo Carrillo Ranch Historic Park, including the dumpster enclosure gates, parking lot ranch fence, lower walkway fence, bridge area and walkway repair section. Dumpster Enclosure Gates • Supply and install four (4) galvanized welded steel gates o Attach to existing dumpster enclosure lumber to new frames o Hang gates to existing posts o Square and plumb the new gates to open and close o Install new hardware, hinges and latches • All spoils will be hauled off and disposed of by the contractor Labor & Materials Bond: $284.00 Subtotal: $4,782.00 Parking Lot Ranch Fence • Remove 265 linear feet of existing fence and footings • Install 265 linear feet o Supply and install 5' high four (4) rail ranch style fencing o Install 4"x4" pressure treated posts set 24" in concrete with domed footing o Install one (1) ½"x5 ½"x16" rails and cap fastened to posts with hot dipped galvanized framing nails • Paint 265 linear feet of new fence o Color: White o One (1) coat of primer o Two (2) topcoats • All spoils will be hauled off and disposed of by the contractor Labor & Materials Bond: $1,576.00 Subtotal: $26,976.00 Lower Walkway • Remove 82 linear feet of existing fence and footings • Install 82 linear feet o Supply and install 5' high four (4) rail ranch style fencing o Install 4"x4" pressure treated posts set 24" in concrete with domed footing LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 9 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 o Install (1) ½"x5 ½"x16" rails and cap fastened to posts with hot dipped galvanized framing nails • Paint 82 linear feet of new fence o Color: White o One (1) coat of primer o Two (2) topcoats • All spoils will be hauled off and disposed of by the contractor Labor & Materials Bond: $500.00 Subtotal: $8,558.00 Bridge Repair • Remove existing four (4) 6"X6" posts • Install four (4) 6"X6" Redwood posts o Fasten with ½" hot dipped galvanized anchor bolts • Remove existing four (4) 1 ½"x 5 ½"x16' Premium Doug Fir rails o Fasten with hot dipped galvanized nails o Supply and install 5' high four (4) rail ranch style fencing • Paint o Color: White o (1) coat of primer o (2) topcoats • All spoils will be hauled off and disposed of by the contractor Labor & Materials Bond: $408.00 Subtotal: $6,994.00 Walkway Repair • Remove existing three (3) 4"x4" pressure treated posts Tracking#: • Install three (3) 4"x4" pressure treated posts set 24" in concrete with domed footing • Remove and replace three (3) 1 ½"x5 ½"x16' rails • Paint o Color: White o One (1) coat of primer o Two (2) topcoats • All spoils will be hauled off and disposed of by the contractor Labor & Materials Bond: $306.00 Subtotal: $5,234.00 TOTAL COST: $52,544.00* *Includes labor and materials bond, prevailing wage, taxes, fees, expenses and all other costs. LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 10 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: Bond No. 101961673 EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Vista Fence Company, Inc. (hereinafter designated as the "Principal"), a Contract for: LEO CARRILLO RANCH FENCE REPAIRS CONTRACT NO. PR-MPW-26012P in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Vista Fence Company, Inc., as Principal, (hereinafter designated as the "Contractor"), and Merchants National Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-two thousand five hundred forty-four dollars ($52,544), 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. LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 11 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: Bond No. 101961673 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 31st dayof_~Ju=l ___________ __,2026 _V_is_ta_F_e_nc_e_C_o_m.._pa_n.._y_In_c_. ____ (SEAL) Merchants National Indemnity Company (SEAL) (Principal) (Surety) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: tiwi V1f>1A,S Deputy / Assistant City Attorney LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 12 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 MERCHAN~ BONDING COMPANYrn POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Fauerbach their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the By-Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. STATE OF IOWA COUNTY OF DALLAS ss. By President On this 31st day of July, 2026 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective oards of Directors. Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) Notary Public I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 31st day of July ,2026. Secretary POA 0018 (5/25) Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 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 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. LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 13 City Attorney Approved 5/6/2026 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 Tracking#: 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.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Contractor and/or their subcontractor is unable to procure R99 or Rl00 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). □ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ~ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: Vista Fence Company, Inc. ~~ Signature:-----~=~------------------- Name: (\//er Crr·ff;-Jt; I Title: CEG LEO CARRILLO RANCH FENCE REPAIRS CONT. NO. PR-MPW-26012P Page 14 City Attorney Approved 5/6/2026 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: (Name and Department) (Date) Proposed modification(s) to the __________________ requirement(s) for (Type of insurance) (Name of contract) Reduce coverage to the amount of: $ Waive coverage Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $ . Work will be completed over a period of . Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by Risk Manager for this contract only: (Signature) (Date) Marsha Weeks, Parks & Recreation 8/13/2026 CGL/Auto/PL Leo Carrillo Ranch Fence Repairs n GL: $1M occurrence/$2M aggregate. Auto: $1M. n Waive Professional Liability n Given the scope of work, the lower insurance limits are sufficient. Docusign Envelope ID: 213697E9-75AF-82E8-83DD-1A157A822F71 8/17/2026 □ □ □ □ □ 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 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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 ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED 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-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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) 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 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 6/2/2026 INSURICA 556 N Diamond Bar Blvd. #207 Diamond Bar, CA 91765 626-214-7900 626-214-7969 Agency License #: 6011031 Sutton Specialty Insurance Company 16848 Kemper Financial Indemnity Company 39004 A 1,000,000ISCP040000795414/22/2026 4/22/2027 100,000 3 5,000 3 1,000,000 2,000,000 2,000,0003 B 50018572701 4/29/2026 10/29/2026 1,000,000 3 Roger Gutierrez RG Business Insurance Agency Inc. certificates@rgbusinessinsurance.com Vista Fence Company Inc 1131 S. Santa Fe Ave. Vista CA 92083 90883319 3 3 City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad CA 92008 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad named Additional Insured as respects General Liability per attached. Auto Liability per attached. 90883319 | 26-27 GENE 26-26 AUTO | Yvonne Pauley | 6/2/2026 3:34:12 PM (PDT) | Page 1 of 6 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 ACORD® I ~ I -□ □ - - ~ □ □ - -- -- -- -H I I I I I □ 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 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 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) 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 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/1/2025 Matriarch Insurance Services, Inc. 7653 Lily Mar Lane Antelope CA 95843 Lic 6012874 Adriana Hernandez (916) 917-0525 adriana@matriarchinsuranceservices.com Vista Fence Company, Inc. 1131 S. Santa Fe Ave. Vista CA 92083 SECURITY NATL INS CO 19879 A Y SWC1586146 10/01/2025 10/01/2026 1,000,000 1,000,000 1,000,000 Blanket Waiver of Subrogation applies to Workers Comp City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad CA 92008 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 ACORD® I ~ I I □ -- ~ □ □ - ------ -H I I x1 l I □ I An affiliate of CDS Insurance Services / 2001 E. Financial Way, Suite 201, Glendora, CA 91741 / License #0555729 Re: Certificates of Insurance Notice of Cancellation Notification Roger Gutierrez President 6/2/2026 Vista Fence Company Inc. City of Carlsbad799 Pine Avenue, Suite 200Carlsbad CA 92008 To Whom It May Concern: This letter is to confirm that we agree to provide advance written notice of cancellation within (30) days of the effective date of cancellation should the insured’s policies cancel. With the exception of Non-payment of premium of which 10 days notice will be provided to the following: Holder: City of Carlsbad named Additional Insured as respects General Liability per attached. Auto Liability per attached. Project #: Sincerely, 90883319 | 26-27 GENE 26-26 AUTO | Yvonne Pauley | 6/2/2026 3:34:12 PM (PDT) | Page 2 of 6 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 11\; IBUSINESS INSURANCE AGENCY INC. SSI AIE ONO 00 01 0318 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUTTON SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON ORGANIZATION ONGOING OPERATIONS ONLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Additional Insured: As required by a legally enforceable written agreement entered into prior to commencement of the Named Insured's work. Designated Project/Location to which this endorsement applies: All Projects and Locations (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section III - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed during the policy period for the additional insured(s) at the location(s) designated above. B. This insurance does not apply to bodily injury or property damage that takes place after, and the Additional Insured's status as an additional insured hereunder terminates, upon the earlier of: 1. All work, including materials, parts or equipment furnished by the Named Insured in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor engaged in performing operations for a principal as part of the same project. Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all endorsements, including the Insuring Agreement. The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured is held liable for the negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: Sutton Specialty Insurance Company Date: By: Time: 12:01 a.m. _______________________ ___________________________ Lloyd Yavener, President Michelle Freitag, Secretary 90883319 | 26-27 GENE 26-26 AUTO | Yvonne Pauley | 6/2/2026 3:34:12 PM (PDT) | Page 3 of 6 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 ISCP040000535 ll 04/22/2025 SUTTO I\I ATIONAL SSI AIE OOP 00 01 0318 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUTTON SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Additional Insured: As required by a legally enforceable written agreement entered into prior to commencement of the Named Insured's work. Designated Project/Location to which this endorsement applies: All Projects and Locations (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section III - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed during the policy period for the additional insured(s) at the location(s) designated above. B. This insurance does not apply to bodily injury or property damage that takes place after, and the Additional Insured's status as an additional insured terminates, upon the earlier of when: 1. All work, including materials, parts or equipment furnished by the Named Insured in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor engaged in performing operations for a principal as part of the same project. C. If expressly required by a written and legally enforceable contract entered into by the Named Insured prior to commencement of work by the Named Insured for the Additional Insured, the insurance afforded by the policy to the Additional Insured(s) listed in the Schedule for the described location(s) is primary insurance. Any other insurance or self-insurance maintained directly by the Additional Insured(s) is excess of this insurance and shall not contribute to it. Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all endorsements, including the Insuring Agreement. The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured is held liable for the negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: Sutton Specialty Insurance Company Date: By: Time: 12:01 a.m. _______________________ ___________________________ Lloyd Yavener, President Michelle Freitag, Secretary 90883319 | 26-27 GENE 26-26 AUTO | Yvonne Pauley | 6/2/2026 3:34:12 PM (PDT) | Page 4 of 6 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 ISCP040000535 ll 04/22/2025 SUTTO I\I ATIONAL 90883319 | 26-27 GENE 26-26 AUTO | Yvonne Pauley | 6/2/2026 3:34:12 PM (PDT) | Page 5 of 6 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 BLANKET ADDITIONAL INSURED ENDORSEMENT !Copy To Polley ID Number Expiration Date 50018572701 10/29/2026 12:01 a.m. Vista Fence Company, Inc. Named ln■ured 1131 S Santa Fe Ave Vista, CA 92083 Vista Fence Company, Inc. This endorsement is attached to and forms a part of the policy. No changes will be effective prior to the time changes are requested. This endorsement amends the policy as follows. Please read it carefully. 1. The definition of "Insured" is amended to include as an insured any person or organization which you are obligated by virtue of a written contract or agreement to add as an additional insured. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for the additional insured. There is no coverage for acts or omissions of any additional insured, their agent(s), or their employee(s). A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. The additional lnsured(s) shall not increase our limits of liability. 3. We will pay damages only if such damages arise out of acts of omission of: 500BAE01 a. You; or b. Any other insured except an additional insured added under the terms of this endorsement. We will not pay damages when the damages are caused solely by a person or organization added as an additional insured under the terms of this endorsement, their agent(s), or their employee(s). All other terms, limits, conditions and provisions of the policy remain unchanged. AMEND DATE: 0412912026 ENDORSEMENT : 4-1 90883319 | 26-27 GENE 26-26 AUTO | Yvonne Pauley | 6/2/2026 3:34:12 PM (PDT) | Page 6 of 6 This certificate cancels and supersedes ALL previously issued certificates. Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 BLANKET WAIVER OF SUBROGATION ENDORSEMENT ICopyTo Polley ID Number Expiration Date 50018572701 10/29/2026 12:01 a.m. Vista Fence Company, Inc. Named ln■urad 1131 S Santa Fe Ave Vista, CA 92083 Vista Fence Company, Inc. This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. 1. In return for your additional fee shown below, we agree that our rights of subrogation or rights of recovery under your policy will not apply against any person(s) or organization(s ): a. For whom you are performing operations; and b. For whom you are obligated by virtue of a written contract or agreement to waive subrogation on your policy. 2. A person's or organization's waiver of subrogation status under this endorsement ends when your operations for that person(s) or organization(s) are completed. Additional fee in the amount of $160.00 will be retained by us regardless of any early termination of this endorsement or the policy. All other terms, and conditions of this policy remain unchanged. 500BWS01 AMEND DATE: 0412912026 ENDORSEMENT: 4-1 Docusign Envelope ID: A9044C44-42CC-84CA-8032-EEAD748C4433 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company WC 04 03 06 (Ed. 04-84) 10/1/2025 Policy No. SWC1586146 Vista Fence Company, Inc. Security National Insurance Company Endorsement No. Premium$ 0 14,584 Countersigned by _________________ _