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HomeMy WebLinkAboutAyala Engineering Inc; 2020-12-29; PWM21-1330UTILPWM21-133OUTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT HIGHLAND DRIVE MANHOLE REPAIR (5C-43); CONT. NO. 5503 This agreement is made on the cod,. day of (0-e...C., &doe"' ,2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ayala Engineering, Inc., a California corporation whose principal place of business is 8482 E. Meadowridge St., Anaheim, CA 92808 (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: Jesse Castaneda (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. Highland Drive Manhole Repair (50-43) Cont. No. 5503 Page 1 of 8 City Attorney Approved 1/20/2020 PWM21-133OUTIL 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 s bcontra or from articipating 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 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. Highland Drive Manhole Repair (5C-43) Cont. No. 5503 Page 2 of 8 City Attorney Approved 1/20/2020 PWM21-133OUTIL 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (10) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ayala Engineering, Inc. 8482 E.Meadowridge St. (name of Contractor) (street address) 959385 Anaheim, CA 92808 (Contractor's license number) A — 8/31/2022 (license class, and exp. date) 1000005012 (city/state/zip) 714 823-7179 (telephone no.) 562-297-4228 (DIR registration number) (fax no.) 6/30/2022 Ricardo@Ayalaengineering.com (DIR registration exp. date) (e-mail address) Highland Drive Manhole Repair (5C-43) Cont. No. 5503 Page 3 of 8 City Attorney Approved 1/20/2020 CONTRACTOR AYALA ENGINEERING, INC., a California corporation By: ere) PWM21-133OUTIL 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: Ricardo Ayala, President, CEO & Secretary (print name/title) By: (sign here) Vicki V. Quiram, Utilities Director, as authorized by the City Manager (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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. B EWER, çLt,y Attorney BY: A, Assista t City Atto ey Highland Drive Manhole Repair (5C-43) Cont. No. 5503 Page 4 of 8 City Attorney Approved 1/20/2020 (Seal) Signature ILDEFONSO L. KOTICO COMM. #2297225 Notary Public • California (23 Los Angeles County M Comm. Ex ires Jul 16, 2023 JU RAT 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 les Subscribed and sworn to (or affirmed) before me on this 3 c) day of Deo?kvo, 20 2-c) by V2_1 CA, Do proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Jurat There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with doe§ contain the proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the notary public during the jurat process. (Title or description of attached document) o State and county information must be the state and county where the document signer(s) personally appeared before the notary public. (Title or description of attached document continued) • Date of notarization must be the date the signer(s) personally . , appeared which must also be the same date the jurat process is completed. Number of Pages Document Date o Print the name(s) of the document signer(s) who personally appear at the time of notarization. o Signature of the notary public must match the signature on file with the Additional information office of the county clerk. e The notary 'seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if p sufficient area permits, otherwise complete a different jurat form. + Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. + Indicate title or type of attached document, number of pages and date. e Securely attach this document to the signed document with a staple. 2015 Version www.NotaryClasses.com800-873-9885 M11111111111111 PWM21-133OUTIL 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: N/A The Contractor must perform no less than fifty percent (50%) of the work with its own forces. Highland Drive Manhole Repair (5C-43) Cont. No. 5503 Page 5 of 8 City Attorney Approved 1/20/2020 PWM21-133OUTIL EXHIBIT B Highland Drive Manhole Repair (5C-43) High priority manhole repair on Highland Drive to fix manhole 5C-43. All work shall be in accordance with the City of Carlsbad Engineering Standards, 2016 Edition, the Standard Specifications for Public Works Construction, 2018 Edition and the supplements thereto as published by the "Green Book" Committee of Public Works Standards. Inclusions: • Mobilization of and labor and equipment • Certified payroll/prevailing wages • Perform confined space entry • All crew members trained in confined space entry, CPR, and first aid • City of Carlsbad business license • Traffic control as required • Stabilization of exposed soil with SewperCoat Calcium Aluminate (equal or equivalent) • Fill all exposed voids in manhole • Restore manhole to near original dimensions with rapid set materials • Surface preperatiom per manufacturer's recommendation • Installation of false floor to prevent debris from entering collections system • Removal of manhole steps • Stopping of active inflow in manhole • Application of Sauereisen Epoxy Lining System (equal or equivalent) • Application performed by trained applicators • Spark testing per manufacturer's recommendations • Five year warranty on application per specification Exclusions: • Replacement of frame and cover • Any excavations or surface or street work • Replacement of manhole 5C-43 in the event of collapse • Grouting of any voids from the surface Assumptions: • Construction water source provided by the City of Carlsbad • City of Carlsbad Vactor truck support to remove debris from manhole, if needed • Estimated at 5 days of construction for complete internal restoration JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Repair Manhole 5C-43 on Highland Drive $39,890 TOTAL* $39,890 *Includes taxes, fees, expenses and all other costs. Highland Drive Manhole Repair (5C-43) Cont. No. 5503 Page 6 of 8 City Attorney Approved 1/20/2020 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT Bond No. 024248498 Premium: $598.00 PWM21-1330UTIL EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ayala Engineering, Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: HIGHLAND DRIVE MANHOLE REPAIR (5C-43) CONTRACT NO. 5503 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, Ayala Engineering, Inc.. as Principal, (hereinafter designated as the "Contractor"), and The Ohio Casualty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty nine thousand eight hundred ninety dollars ($39,890), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Highland Drive Manhole Repair (5C-43) Cont. No. 5503 Page 7 of 8 City Attorney Approved 1/20/2020 B Ricardo a, Presiden ignature) (Princip PWM21-1330 UTI L 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. SIGNED AND SEALED, this 24th day of November , 2020 Ayala Engineering, Inc. (SEAL) The Ohio Casualty Insurance Company (SEAL) (Surety) By: Frank Frank Morones, Attorney-in-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorne By: Assistant City At orney Highland Drive Manhole Repair (5C-43) Cont. No. 5503 Page 8 of 8 City Attorney Approved 1/20/2020 ADRIAN BENKERT-LANGRELL COMM. #2214263 r) Notary Public-California cet ORANGE COUNTY IL My Comm. Expires Sep 15,2021 Signature (Seal) Adrian Benk0-Langrell ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 11/24/2020 before me, Adrian Benkert-Langrell, Notary Public (insert name and title of the officer) personally appeared Frank Morones who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. iberty Liberty Mutual Insurance Company utuaL The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala, Daniel Huckabay, Frank Morones, R. Nappi, Dwight Reilly, Shaunna Rozelle Ostrom, Ben Stong, Michael D. Stong all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of December , 2019 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By: David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PEMNS?LVANIA Noiarial Seal Terosa Paulo/a, Nuff.ny PublIC UórMeriaoTvp., Montgurnry doonly My Comeni.s.ziou Eire s March 28,2021 Membot PonfitfriorfiaAssocaollon of Howes By: ltitSocji 41-Vt Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24th day of November , 2020 . Bond No. 024248498 Certificate No: 8202806 - 969561 SURETY By: Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_l 2/19 KYLE DUBEAU Notary Public - California Orange County Commission ft 2308556 My Comm. Expires Oct 12, 2023 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange OnDec-cmbe4-- (20-7,...ADefore me, Kyle DuBeau Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and correct. Signature Kyl eau Notary Public OPTIONAL Title of Document: L Date of Document: Name of Signer(s): c-rctO 1-1,j PRODUCER JL Gurrola Insurance Agency License No. 0F70482 P.O. Box 20661 Long Beach, INSURED CA 90801 Ayala Engineering, Inc. 8482 E. Meadowddge St. Anaheim, CA 92808 bE ACC) 12 CP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/17/2020 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(s). CONTACT Jose L. Gurrola NAME: PHONE 562-283-5333 (A/C, No, Eat): E-MAIL ADDRESS: jose@Pgia.com INSURER(S) AFFORDING COVERAGE I NAIC # INSURER A: Associated Industries Insurance Co., Inc. 23140 INSURER B State Compensation Insurance Fund of CA 35076 INSURER C: Tokio Marine Specialty Insurance Company 23850 INSURER : INSURER E: INSURER F: FAX (A/C, No): 562-283-5393 COVERAGES CERTIFICATE NUMBER: 020217-29 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR" ,ADDL,SUBR; T POLICY EFF i POLICY EXP -" LTR ' TYPE OF INSURANCE , INSR VVVD POLICY NUMBER 1 (MM/DD/YYYY) I (MM/DD/YYYY) ' LIMITS j GENERAL LIABILITY : EACH OCCURRENCE $ 1,000,000 , DAMAGE TO RENTED ! X , COMMERCIAL GENERAL LIABILITY 100,000 PREMISES (Ea occurrence) ! $ I CLAIMS-MADE lLX I OCCUR : MED EXP (Any one person) $ N/A A .LX Ded: $5,000 Y AES1194105 00 , 02/08/2020 02/08/2021 ] PERSONAL & ADV INJURY I s 1,000,000 1 , i 1--- 1 I GENERAL AGGREGATE I $ 2,000,000 j GEN'L AGGREGATE LIMIT APPLIES PER: , PRODUCTS. COMP/0P AGG 1 $ 2,000,000 [ „ I A POLICY !I 7P8-r- : LOC ! S , I i AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT I (E_Aeccider J s ,- ANY AUTO I BODILY INJURY (Per parson) : $ -1ALL I OWNED L.. ,_.1 AUTOS , SCHEDULED I BODILY INJURY (Per accident)1 $ ----AOTNTWN 1 ED PROPERTY DAMAGE $ I I: ___:i HIRED AUTOS _I AUTOS (Per accident) . I , , 1 i UMBRELLA LIAB X l OCCUR EACH OCCURRENCE $ 5,000,000 , , A X EXCESS LIAB • ' CLAIMS MADE , , EXA1191828 00 ' 02/08/2020 102/08/2021 ! AGGREGATE $ 5,000,000 : , 1 mo ! I RETENTIONS I , . $ I WORKERS COMPENSATION ! •\,/ WC STATU- I I OTH-1 AND EMPLOYERS LIABILITY : ••—• ' TORY LIMITS YIN ,i B j ANY PROPRIETORiPARTNER/EXECUTIvE . EL EACH ACCIDENT , $ 1,000,000 D IOFFICER/MEMBER jNIA Y 900495520 1 02/08/2020 02/08/2021 EXCLUDED? . I (Mandatory In NH) , . EL DISEASE - EA EMPLOYE $ 1,000,000 , j If yes, describe under ;DESCRIPTION OF OPERATIONS below ! E.L. DISEASE - POLICY LIMIT $ 1,000,000 i , Excess Liability Ea. Occurrence $3,000,000 I C PUB710993 . 02/08/2020 02/08/2021 Aggregate $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Re: All Operations City of Carlsbad/ CMWD is included as additional insured in regard to general liability when required by written contract. Coverage is primary and non- contributory. Waiver of Subrogation also applies per attached endorsement(s). Excess liability is follow form. A 30 day notice of cancellation/ 10 day for non- payment of premium. CANCELLATION Ao ei SHOULD ANY OF T DOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI ATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANC THE POLICY PROVISIONS, AUT/HORIZ ENT v: ese curr.1., CRIS © 1988-2010 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD ACORD 25 (2010/05) CERTIFICATE HOLDER City of Carlsbad/ CMWD c/o EXIGIS Risk Management Services PO Box 4668- ECM #35050 New York NY 10163-4668 POLICY NUMBER: AES1194105-00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to 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(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: AES1194105-00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations coverage. This form does not apply to your work on "residential property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: AES1194105-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 CD Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: AES1194105-00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO SCIF FORM 10217 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENT NT PRESIDENT AND CEO (REm-201,0 FEBRUARY 6, 2020 OLD DP 217 2572 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AYALA ENGINEERING 8482 E MEADOWRIDGE ST ANAHEIM, CA 92808 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 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. ENDORSEMENT AGREEMENT BROKER COPY WAIVER OF SUBROGATION REP D1 BLANKET BASIS 9004955-20 RENEWAL NA 5-72-51-30 EFFECTIVE FEBRUARY 8, 2020 AT 12.01 A.M. PAGE 1 OF 1 AND EXPIRING FEBRUARY 8, 2021 AT 12.01 A.M. NAIC E•MAIL ADDRESS. INSURERIS) AFFORDING COVERAGE ; PRODUCER Gerwien Insurance Agency 430 E Foothill Blvd San Dimas, CA 91773 . . . INSURED AYALA ENGINEERING INC. 8482 EAST MEADOWRIDGE STREET ANAHEIM, CA 92808 CONTACT NAME. Pacific Gateway Insurance Agency pnone FAX lArC. No. EMI. 6612575977 DUC No) INSURER k NATIONAL LIABILITY & FIRE INSURANCE 11111.T-4.9:-...COMPANY- INSURER C INSURER CI: INSURER E: INSURER Ft 20052 ACORD ft.m.••••-• CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODNYTY) 03/16/2020 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 INSURERS). AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IIMPORTANT: 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 endorsements). • 439.53 THIS IS TO CERTIFY THAT THE POI.ICIES OF INSURANCE LISTED BELOW HAVE BEEN !SS( IED 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 HE TERMS EXCLUSIONS AND CONDITIONS OF SOO I POLICIES LIMITS SI•lOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADM SUER INSD MD POLICY EFF POLICY NUMBER IMMIDDITYYTk POLICY EXP lIAMIDDlYTYYs I LIMITS — _ COMMERCIAL GENERAL LIABILITY ---1 - . I (7.1ADJ.5.f.inDE. LIOCC.UR 1 , , , ! EASI.H SX.X.URRENCE IJAIAA(E 1') RENTED PRI-MP:FR •F a .....lit,C.: S 1.150 EXP (Any on•f i msoni S PSWZONAL 3 Alk INJUPY .KNI. Antinuitar MP 1 ANN 0:3 PLR I I), . — Ei 1 HER tAlebleAL Ar:X.:Fttl:Ark p.,,,.,„, ,s comp.,..„ Alla:, 7 A AUTOMOBILE LIABILITY — Ally au10 — OWNFD AUI 07 ONLY x HIKED AUIOS .J ONLY — X SCHEL,ULLO — 41-110S x 1("),J. OWNED — AUTOS ONLY . . i 73APS092845 03/15/2020 12:01 AM 03/15/2021 12:01 AM COMBINED SEW,. L" I IM17 IE/g/taulanti s 1,000,000 ITCH IN Y ;NJURY INF person' BOOR '.' INJURY Wm ar...7.10Mi a N/A N/A pROPE RI y uNssAGE (Pm au,Senli • N/A UMBRELLA LAB — OCCUR • ' r 4.:.4 C•C,:Ullni, NCI: 5 EXCESS UM CI AsktS.1.IADT Afx,nsnArr S 1)E11 RETENTIONS c - WORKERS COMPENSATION - AND EMPLOYERS' LIABILITY ANT opoPIVETOFDPAR T NEREXECUT ail! — OH. JCL IrtlEkldhlr EA:LI-TAU, YIN Mtandatory in NH) I- — II yeS dog.C..te .0,10. DESCRIPTION OF OPERA i IONS bukru N 1 A :::E‘:711 • TF L... L';..7- E L EACH A;..CIDENT 5 E I. OISE ASE E,A FIAPLOYE Ii s P ! e E L DISEASE 0.1,-Y ....I 7' F.] I I- I I 5 S DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES IACORD 101 Addilional Remarks Schedule. may bc att:oched if mere space is 'cowed) Vehicle Schedule: see attached CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMIND :C/O EXIGIS INSURANCE COMPLIANCE SERVICES :PO BOX 4668. ECM 035050 ;NEW YORK. NY 10163 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 REPRESI,ITATISC L-7->702 ACORD 25(2016)03) G 1988-2015 ACORD CORPORATION. All rights reserved. M-5652 (10/2017) The ACORD name and logo are registered marks of ACORD Vehicle Schedule Inp a St.t, (as Stnted Phy Dam I tmr, 2013 CHEVROLET C3500 1GB3CZCG6DF101598 Covered C 25,000 1000/1000 NIA NIA 2006 CHEVROLET 3500 1GBJC34U06E182454 Covered c icon 1000/1000 NIA N/A 2008 FORD F550 1FDAF57R88EA87127 Covered c 15,000 loom on NIA N/A 1996 DODGE 1500 187HC16Y9TS528920 Covered c 1.500 1000/1000 NIA N/A 2012 FORD F450 1FDUF4GT8CEB75803 Covered C 20,000 1000/1000 NIA N/A 2015 DODGE 4500 3C7WRK8L41G508563 Covered C 15,000 1000/1000 N/A N/A 2015 DODGE 2500 3C6UR5DJ7FG663374 Covered C 40,273 1000/1000 NIA N/A 2017 DODGE 5500 3C7WRMCL8HG768574 Covered C 43,025 1000/1000 N/A N/A 2017 DODGE 5500 3C7WRMDL1HG706609 Covered c 44,000 1000/1000 N/A NIA 2017 FORD T350 1FTBW3XG1HK804086 Covered c 42,654 1000/1000 NIA N/A 2000 FREIGHTLINER FL-80 1FV6JJBBXYHA88054 Covered c 43,000 1000/1000 N/A N/A 2005 PACE TRAILER 4P2UB14265U057545 Covered C 3,000 1000/1000 NIA N/A 2017 CARSON TRAILER 4HXHC1010HC184925 Covered C 2,800 1000/1000 N/A N/A 2016 CARSON TRAILER 4HXHC1010GC184843 Covered c 3,100 1000/1000 NIA N/A 2019 DODGE RAM 3500 3C63R2GL3KG658013 Covered C 48,000 1000/1000 N/A N/A 2019 FREEDOM TRAILER 5WKBE2022K1062482 Covered C 13,000 1000/1000 N/A N/A 2018 DODGE RAM 3500 3C7WR8CL7JG362444 Covered c 50,000 1000/1000 N/A N/A