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Planes Boats and Automobiles LTC dba PBA LTD; 2018-09-11; PWM19-523GS
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0528521 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Dec 26, 2018 04:39 PM OFFICIAL RECORDS Ernest cl Dronenburg Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: n/a -~--------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Nov. 8, 2018. 6. The name of the contractor for such work or improvement is Planes Boats & Automobiles LTC (dba PBA LTD). 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM19-523GS, Install 10" Drain Line on Adams St. South of Hoover St. 8. The street address of said property is on Adams St. south of Hoover St. in the City of Carlsbad. •"\o( City Manager~--,.., VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of ~ad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on Q..... / '-/ • 20Jif_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on /;)Q.C..... d-0 , 20.1.Z_, at Carlsbad, California. Q:\Public Works\PW Common\CAPITAL-ACTIVEIPWM19-523GS 1 O' SD ADAMS\NOC (Public and Private) • revised 2018-11-14.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Planes Boats & Automobiles L TC, dba PBA LTD has completed the contract work required for PWM19-523GS, Install 1 O" Drain Line on Adams St. South of Hoover St. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Install storm drain line $32,300 CERTIFICATION OF COMPLETION OF IMPROVEMENTS CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q:\Public WorkslPW Common\CAPITAL-ACTIVE\PWM19-523GS 10' SD ADAMSIAPI (Public Works) -revised 2018-08-01.doc PWM19-523GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT INSTALL 10" INCH DRAIN LINE ON ADAMS ST. SOUTH OF HOOVER ST. This agreement is made on the (/ t!J day of OfR-~ , 2018, by the City of Carlsbad, California, a municipal corporation, (hereinattrcalled"City"}, and PLANES BOATS & AUTOMOBILES L TC dba PBA LTD, a California corporation whose principal place of business is 2029 East Mission Ave., Escondido, CA 92027 (hereinafter called "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, 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: Clayton Dobbs (City Project Manager) WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. Install 1 O" Drain Line on Adams St. Page 1 of 8 City Attorney Approved 9/27/16 PWM19-523GS 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 agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontra tor from participating in contract bidding. Signature: '1 -UA' 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 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 of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 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 thirty (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. Install 1 O" Drain Line on Adams St. Page 2 of 8 City Attorney Approved 9/27/16 PWM19-523GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from 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. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. PLANES BOATS & AUTOMOBILES L TC dba PBA LTD, a California corporation Ill Ill Ill Ill Ill Ill Ill (name of Contractor) 816826 (Contractor's license number) A & B -General Engineering & Building Contractor 1 /31 /19 (license class. and exp. date) 1000018273 (DIR registration number) 6/30/2019 (DIR registration exp. date) Install 1 O" Drain Line on Adams St. Page 3 of 8 2029 East Mission Ave. (street address) Escondido, CA 92027 (city/state/zip) 760-801-5238 (telephone no.) N/A (fax no.) pbalimited@gmail.com (e-mail address) City Attorney Approved 9/27/16 PWM19-523GS AUTHORITY. The individuals executing this Agreement 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 Agreement. CONTRACTOR PLANES BOATS & AUTOMOBILES L TC dba PBA LTD, a Ca By: (sign here) \Johsn~ (print name/title) By: (sign here) -T7 -----t '-' P. y ,1v-GJ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!!..§. corporation, Agreement 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: CELIA A. BREWER, City Attorney BY:~ Deputy City Attorney Install 1 O" Drain Line on Adams St. Page 4 of 8 City Attorney Approved 9/27/16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~ '™j.:, ) ~.1-JJrr>· ~f~ On ~ ~41-,-a before me, _1~_,,-_ _... __ ~~---f------------- Date Here 1nsert Name and Title of the Officer \~.J 7· personally appeared ______ iH_tl_~----11.-Jrl'0 __ (7!j __ f1_,i;.e_' _.s __________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) it/are subscribed to the within instrument and acknowledg~d to me that ~e/s~/they executed the same in h¢.7h.¢/their authorized capacity(ies), and that by ~/trer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rM90#t_•emrsncno&nesmossnnaea 1 (-::;-;::-:s~, 0FF1c1AL sEAL 1 -~ /~·: -r. 1. ~.:_;::.\ DAREN VASS :u ~/~:<!,;' Jfh~!~l NOTARY PUBLl~-_s;ALIFORNIA ~ rr, \ °,;-'_·· ,.(i;;-'(ii''. ;, COMM. NC,. :c'.087484 .:... -{'~' .. ll' SAN DIEGO COUNTY -~;~,!:~~ MY COMM. i::XP. NOV 21. 2018 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------oPnONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document I Title or Type of Document: vb~ LJr'{~ Document Date: __ t,_?,-v1 __ , -~-- Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM19-523GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor 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 Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract (Of\U\N l\ J oe5 lJ/lV\,._t\ c.o \ I oono 11~.c-;?. CA-#-A (11. fa',/)~ 13% l"'l -J . Total% Subcontracted: APfbl( / '3 % The Contractor must perform no less than fifty percent (50%) of the work with its own forces Install 1 O" Drain Line on Adams St. Page 5 of 8 City Attorney Approved 9/27/16 PWM19-523GS EXHIBIT B INSTALL NEW 10" DRAIN LINE ON THE WEST SIDE OF ADAMS ST. SOUTH OF HOOVER ST. JOB QUOTATION Contractor will provide all material, labor and equipment needed to install approx. 375' of new 1 O" SOR 35 drain line; on the west side of Adams St., south of Hoover St as shown on DWG 504-SA. Drain installation includes, but not limited to: installed underground pipe to tie into 10inch corrugated steel pipe, approx. 375' south of Hoover St.; running north to the existing storm drain box, on Hoover. Including connection(s) required connections matierals, and core drilling equipment, to solidify the drain run and tie in's to 10inch CMP, and storm drain box. All concrete work required to install the below grade piping is included (including saw cuts, trenching, needed fill, concrete patch to finish standards). Contractor will adhere to all City of Carlsbad right-of-way requirements related to sidewalk traffic and will, per city standards, clearly display safety signage(s) and direct all foottraffic around construction. Contractor will adhere to all established guidelines set forth in the Standard Specifications for Public Works Constructions, 2018 ed. (The Greenbook) for this project, specifically: concrete finishing, coring, consistency, walkways/joint, and clean-up (pgs. 196,409, 65, 327 & 349). ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Trench and install install 10 inch storm drain line $32,300 approximately 375 feet northbound on the west side of Adams Street. Tie into existing corrugated metal pipe to the south to the north to the breaking connection to the existinc::i RCP pipe. TOTAL* $32,300 *Includes taxes, fees, expenses and all other costs. Install 1 O" Drain Line on Adams St. Page 6 of 8 City Attorney Approved 9/27/16 «AU,.. ••. " ., ¥1 .,, .,, 8T/r.··-.:-IT1. /...:.. .. NJ.~CIClll"AC ..... ..,.,.,. -NEW BERM OCT AK. LOOKING WEST Exhibit ·s· "AS BUILT" .... __ ""·--.. ,. .,_,. --- I, Aug.22.2018 04:58 PM Bond Number: CE11510701354 Premium Amount:$1,050.00 EXHIBIT C LABOR AND MATERIALS BOND PAGE. 14/ 14 PWM19-523GS WHEREAS, the City Council of the City of Carlsbad, State of Callfornla, has awarded to PLANES BOATS & AUTOMOBILES L TC dba PBA LTD (hereinafter designated as the "Principal•), a Contract for: INSTALL NEW 10· DRAIN LINE ON THE WEST SIDE OF ADAMS ST. SOUTH OF HOOVl:R ST, 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 Princlpal or any of its subcontractors shall fail to pay for any mater1als, provisions, provender or other suppllas 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 &ame to the e>etent hereinafter set forth. NOW, THEREFORE, WE, Planes Boats and Atf!~=·~~ gtm e ~ • 86 Principal, (hereinafter designated as the "Contractor'), end= j j dj Insurance Campany as Surety, are held firmly bound unto the City of artcbad In the sum of thirty two thousand three hundred Dollars ($32,300), said sum being an amount equal lo: 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, out helra. 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, suppllos, 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 Coda section 9100, or for amounts due under the Unemployment Insurance Coda 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 win pay for the same, and, also, in case suit Is brought upon the bond, reasonable attorney's fees, to be fixed by the coun consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Install 1 O'" Drain Line on Adams St. Page 7 of 8 City Attorney Approved 9/27/18 PWM19-523GS In the event that Contractor is an indlvldual, It is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this __ i_ .... l"""~--'-- day ot Bu\ju§l , 20-J.2.. CONTRACTOR: (sign ere) ~~,-J:Uo\w:~N (print name here) ve jsec.. I eGA lt:u (title a o2nizitfon of signatory) By. __ }_(__-_____ _ (sign here) ~v 6Lcs (pnnt ~ame here) --<;: f-l. L D Executed by SURETY this __ 2_3_rd ___ day of August . 201§_. SURETY: Philadelphia Indemnity Insurance Company (name of Surety) One Bala Plaza, Suite 100 Bala Cynwyd, PA 18004 (address of Surety) By: Steven A, Swartz (printed name of Attomey-!r1-Fact) (attach corporate rssolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attachad.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney b... By: v~a~ Deputy City Attorney Install 1 O" Drain Line on Adams St. Page 8 of 8 City Attorney Approved 9/27116 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~f)\ f'J.'7{::., ) On_f,_1_~----4--1\_e, ____ beforeme, oA~ V'f>'.Y ... ~ Date -Here Insert Name and Title of the Officer personally appeared __ \_t.e.l_\_~_0_~_~_--->.i_~_____.c_ __ r-h1__,,_f'\-'--'-~-~---------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) it/are subscribed to the within instrument and acknowledged to me that t}e/s)'re/they executed the same in hi$'/~r/their authorized capacity(ies), and that by h~/~r/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. Place Notary Seal Above ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ¼q-"'*1 ifl~ Document Date: ~ ri<)Jvd Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 California All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ... O ..... ra~o ... g,...e __________ _ S.S. On August 23 2018 before me, Bethany Johnson, Notary Public I.' 1· ,· personally appeared ---~S=te~v=en~A~. =Sw~a~rtz~--------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s:) isOOie subscribed to the within instrument and acknowledged to me that he/s)((t/~¥ executed the same in his/~Mlt authorized capacity(~). and that by his~~~ signature()() on the instrument the person(K), or the entity upon behalf of which the person(X) 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. The preceding Certificate of Acknow document titled/for the purpose of CE 11510701354 Payment Bond -Planes Boats and Automobiles -City of Carl?bad containing _2 _ pagea, and dated August 23, 2018 The signer(s) capacity or authority is/are as: 0 lndividual(s) ~ Attorney-in-fact O Corporate Officer(s) _____________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) D Other: ________________ _ representing: Philadelphia Indemnity Insurance Company "( C , 1············ BETHANY JOHNSON • ~-·": • Notary Public -California l ~ ·••i::_ · · Orange County I ., 1 . Commission # 2207129 ~ My Comm. Expires Jul 27, 2021 N ------------- Proved to me on the basis of satisfactory evidence: D form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: _________ _ Other D Additional Signer D Signer(s) Thumbprints(s) D ------------- PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite I 00 Bala Cynwyd, PA 19004-0950 Power of Attorney 11742 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz. Kelly Specht, Nicki Swartz. Michael Herranen and Thomas C. Buckner of South Coast Surety its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th ofNovember, 2016. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27rn DAY OF OCTOBER, 2017. I '1:. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27th day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONW TH Of NOTARIAL SE.AL Morg•n tc;n1pp. Nolary Pub~c Lower Menon r~ .. Mot1tgomeryCounty MyC0111m11110nEkpir•1 Sept 25.2021 ' (Notary Seal) Notary Public: residing at: My commission expires: Bala CynW)'.d PA September 25 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27th day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. ,, /J ~?~ /4? .. r In Testimony Whereof! have subscribed my name and affixed the facsimile seal of each Company tlui"_'_J_day of ~1 Vj I • Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY .,, ........ ,. ,20/.%_ Check A License -License Detail Page 1 of 2 Contractor's License Detail for License # 816826 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information PLANES BOATS & AUTOMOBILES L TC dba PBA LTD 2029 E. MISSION AVENUE ESCONDIDO, CA 92027 Business Phone Number:(760) 272-1507 Entity Corporation Issue Date 01/28/2003 Expire Date 01/31/2019 License Status [This license is current and active: ~...!!-information below should be reviewe_d_. _____________________ _., Classifications A -GENERAL ENGINEERING CONTRACTOR B -GENERAL BUILDING CONTRACTOR Bonding Information Contractor's Bond I his license filed a Contractor's Bond with ACCREDITED SURETY AND CASUAL TY COMPANY INC. iBond Number: 10087350 i !Bond Amount: $15,000 IEffective Date: 01/14/2018 k:ontractor's _Bond Histo_ry~---- Bond of Qualifying Individual ~hequalifying indi~idual GILBERT RAY FILES certified that he/she owns 1 O percent or more of the voting ~tock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. jEffectiv~ Date~01 /28/200_3 ___ _ Workers' Compensation file:///Q:/Public%20Works/PW%20Common/ Agreements%20&%20Contracts/Contracts/2... 8/16/2018 Check A License -License Detail his license is exempt from having workers compensation insurance; they certified that they have no mployees at this time. ffective Date: 11/18/2016 xpire Date: None '" ()}:~"~rs' Compen5-a_ti_o_n _H_is_to_ry.e__ _____ _ ~raonnel 1;sted on th;s Ucense (current o, a;sassoc;ated) a,e Usted _:othe, 1;censes_. -"-" Page 2 of2 file:///Q:/Public%20Works/PW%20Common/ Agreements%20&%20Contracts/Contracts/2... 8/16/2018 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) 10/18/2017 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 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/sl. CONTACT PRODUCER Brown & Brown Insurance Brokers of Sacramento, Inc P. 0. Box 619043 Lie #OH38004 JiA!/IJ:_;_. __ ___ _ ---------~-----------! ~_Ex!.j _9 __ 16_-_6_3_0-_8_6_4_3__ __ _ ____ ulflfl,,_AX,~,-u"'l'--'·_,:c8_::c0_::c0-__,7~8:.::3~-Q::..:0:..:8:..:3:__--I E-MAIL •-Roseville CA 95661-9043 ~RESS; -.. -------1 INSURER(S) AF_l'()_~ING CQ_Vc,cE"-'RA=GE,,__ _____ -t---'N::::Al,:cC::c#::__---1 _ -------+"-IN=s=uR=E:cR-~:Acceptance Casualty Ins. Co. 10349 ______ _ INSURED Planes Boats and Automobiles LTD 800 Grand Ave. Ste. A 9 Carlsbad CA 92008 COVERAGES PLANE-4 CERTIFICATE NUMBER· 1186144127 'I"!>URER~_,California Automobile Ins. Co. 38342 1t11_~uRER c, Kinsale lnsurance_C_o_m~pa_n~y~--------· 38920 INSURER0_D~: _____ ..• ----------··-······-·-._ ___ _ IN~UREf!_!' _ _ _ _ __ _ INSURER F 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. Ir1:T-TYPE OF INSURANCE -,~~~f~~I POLICY NUMBER : r:11~g~, i (,gi-iirv'?tviT ---------L-1-MIT_S ___________ ------- A IX COMMERCIALGENE~~-LIA81LITY ! Y Y I IARG1200042700 10/12/2017 r 10/12/2018 ; EACH OCCURRENCE $1,000,000 LL] CLAIMS-MADE ud OCCUR 1 1· ~~~~~[;%~~J;~nce' $50,000 ... r __ _ ______________ MED EXP (Any one pen;onL_ -l-'$:..:5.:.:,0_;.0.:_0 ____ ---I --------------------·-··-··- GEN'L AGGREGATE LIMIT APPLIES PER: 1·--1 POLICY 0 m?-r 1-i LOC ,---1 OTHER; B AUTOMOBILE LIABILITY ········1 X 1 ANY AUTO -~ ALL OWNED ~ SCHEDULED AUTOS AUTOS , .. · · : NON.OWNED ____ HIREDAUTOS 1 _____ 1 AUTOS '[1' iy C ,__ UMBRELLA LIAB ' O. CC. UR.. . ... .. i_ X EXCESS LIA8 , _ C_l:AIM?·MADE: ! DED , RETENTION $ : WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 111 yes. describe under i DESCRIPTION OF OPERATIONS below I YIN' o·NIA I i i BA040000013231 3/712017 ' 01000436351 10/12/2017 ' . I 3/7/2018 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGA=..c:T-=E'---+-'-$-=-2,c::.0.:..00"-',0.:..0c.cO'-----I r~RODUCTS -COMP/OP AGG ! $2,000,000 ----. .. ... .... ! $ 's 1,000,000 BODILY INJURY (Per person) $ ·-·---·-------'-----------1 BODIL Y INJURY (Per accident) i $ f--,(=:=.o,=~cc=ER=id,;:=n~t?~~~~~-G=E----$--·-... ____ __, $ 10/12/2018 ; E~CHO -.-::CC"'U:::R.:cR:,:Ec.:N_:::CEc:.__-+-"$_1,c:.0-=-00"-',o.:_o:;_:o __ : AGG=R:.::E:::G::.A:.:.T.::E ____ --+.=_$_:1,_00_0_:_,o_o_o ________ _ $ Llfil11,JJE_J . j ?t~----------l I E L. EACH ACCIDENT ---+"--$-------! E.L. DISEASE -EA EMPLOYE~ $ E.L. DISEASE • POLICY LIMIT~ $ DESCRIPTION OF OPERATIONS f LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as Additional Insured under Commercial General Liability policy per endorsements TMGL 172 1011 & TMGL 175 10 11. RE: PONTO BEACH MEDIANS; CONT. NO. 7550, Agreement Number: PWM17-113TRAN. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 • ECM #35050 New York NY 10163-4668 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ED REPRESENTATIVE ·p.c~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-03/02/2018 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 CONTACT Paula Jameson NAME: E360 Insurance Services PHONE (888) 862-6750 IA/C No Extl: I FAX IA/C Nol: (888) 256-0809 16542 Ventura Blvd., Suite 300 E-MAIL paula@e360insurance.com AnnDCC:C:· Encino, CA 91436 INSURER/SI AFFORDING COVERAGE NAIC# Phone (888) 862-6750 Fax (888) 256-0809 INSURER A: State Fund INSURED INSURER B: National General Planes Boats and Automobile LTD INSURERC: 2029 E. Mission Ave INSURER D: INSURER E: Escondido CA 92027 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR 1 ,:BMgX,~, ,~2r1!ii,~, LIMITS LTR IN"I> wvo POLICY NUMBER D COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ D CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ D MED EXP (Any one person $ D PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ D POLICY D PRO-JECT D LOG PRODUCTS -COMP/OP AGG $ D OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000.00 (Ea accident) D ANYAUTO BODILY INJURY (Per person) $ D ~~~i0oNLY ~ SCHEDULED B AUTOS 26166314 03/07/2018 03/07/2019 BODILY INJURY (Per accident) $ D .t0~6~ ONL y D NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY <Per accidentl D D $ D UMBRELLA LIAB D OCCUR EACH OCCURRENCE $ D EXCESS LIAB D CLAIMS-MADE AGGREGATE $ D OED D RETENTION $ $ WORKERS COMPENSATION ~ ~ffTtlTE DOTH- AND EMPLOYERS" LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVLY] E.L. EACH ACCIDENT $ 1,000,000.00 A OFFICER/MEMBER EXCLUDED? Y N/A y 9219205-17 09/30/2017 09/30/2018 (Mandatory in NH) E.L. DISEASE -EA EMPLOYE $ 1,000,000.00 If yes, describe under E.L DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS below $ 1,000,000.00 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ***1 O days written notice of cancelation for non-payment; 30 days for all other cancelations*** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York, NY 10163-4668 ., I <' .. /_ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) QF The ACORD name and logo are registered marks of ACORD Poqcv NUMBER: IARG12000427-00 NAMED INSURED: Planes Boats and Automobiles COMMERCIAL GENERAL LIABILITY TMGL 1721011 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (PRIMARY & NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section II -Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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 for the additional insured. A person's or organization's status as an insured under this endorsement ends when your operations for that additional insured are completed. B With respect to the insurance afforded these additional insureds, the following additional exclusion apply: This insurance does not apply to: 1 "Bodily injury", uproperty damage", "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b Supervisory, inspection, architectural or engineering activities. 2 "Bodily Injury", "property damage" occurring after: a All work, including materials, parts or equipment furnished 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 b That portion of "your work" out of which the injury or damage arises has been put to its intended use by ony person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or c "Property Damage" which manifests after expiration of the Policy. If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured{s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 172 10 11 STATE ENDORSEMENT AGREEMENT ADDITIONAL INSURED EMPLOYER BROKER COPY COMF"E:NSATION INSURANCE FUNC 9219205-17 NEW SC HOME OFFICE SAN FRANCISCO 6-49-53-71 PAGE 1 OF 3 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE NOVEMBER 5, 2017 AT 12.01 A.M. PB A, LTD 800 GRAND AVE CARLSBAD, CA 92008 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT CITY OF CARLSBAD IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF PB A, LTD (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~!-:!li NOVEMBER 8, 2017 PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 0015 OLD DP 217