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Performance Plumbing and Mechanical Inc dba PPM Contracting; 2021-07-19; PWM21-1497TRAN
DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 19th July PWM21-1497TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SIDEWALK, CURB AND GUTTER REPLACMENT PERFORMANCE PLUMBING AND MECHANICAL INC dba PPM CONTRACTING This agreement is made on the ______ day of __________ ~ 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Performance Plumbing and Mechanical Inc, a California corporation, dba PPM Contracting, whose principal place of business is 3740 Oceanic Way #307, Oceanside, CA 92056 (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: Matt Paxson (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RA TES. 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. PPR Sidewalk, Curb and Gutter Replacement Page 1 of 10 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 PWM21-1497TRAN 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. 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 subcontractor from participating in contract bidding. Signature: >~ Print Name: Greg S. Taylor 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. PPR Sidewalk, Curb and Gutter Replacement Page 2 of 10 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 PWM21-1497TRAN 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. 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 fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill PPM Contracting (name of Contractor) 866856 (Contractor's license number) B 11/30/21 (license class. and exp. date) 1000001137 (DIR registration number) 6/30/22 (DIR registration exp. date) PPR Sidewalk, Curb and Gutter Replacement 3740 Oceanic Way #307 (street address) Oceanside, CA 92056 (city/state/zip) 760-754-2848 (telephone no.) N/A (fax no.) Greg@performanceplumbingsd.com (e-mail address) Page 3 of 10 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 PWM21-1497TRAN 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 PERFORMANCE PLUMBING AND MECHANICAL INC, a California corporation, dba PPM CONTRACTING By: By: Greg S. Taylor, President (print name/title) Glenda Taylor, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f...g_ 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: __ ~--~--- Assistant City Attorney PPR Sidewalk, Curb and Gutter Replacement Page 4 of 10 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11 89 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 WP Lf?4'-) n.___ l i-...._fUJ\..s r II 11,,.,.. On l j' JuJ..-~,-~ before me, -----'---l}'tf_"'J>4 ___ -+--\ --1-f_1l_tMj--'-------',_I_ "'-7Llv _____ _ Date Here Insert Name and Title of the Officer personally appeared __ -' __ L{t_.___i-u,__.__,S"-----.. -~-L---~'---IIJ __ ~ __ f!_fi._:M_..._µi_,._ _______ _ Name(s) of Signer(s) 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/sl,re/they executed the same in hi,6/Ji(er/their authorized capacity(ies), and that by hi~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Sea/ 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: 4~, £'.,(I\?(; ,._.,i~ ~'?t"'I Document Date: _io_l_t,.L.J/'-i-t--=------- Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 PWM21-1497TRAN 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 NONE Total% Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces PPR Sidewalk, Curb and Gutter Replacement Page 5 of 10 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 EXHIBIT B SIDEWALK, CURB AND GUTTER REPLACEMENT PPM Contracting PWM21-1497TRAN Contractor will remove and replace concrete at 53 various locations in the City of Carlsbad as listed in Exhibit D. Work includes sidewalk panel replacement and curb and gutter replacement per the Contractor's proposal dated May 12, 2021 . Contractor will demolish and recycle old concrete sections per existing site mark outs and as indicated in Exhibit D. After removing the existing concrete, the contractor will prepare subgrade by leveling existing base and compacting base. Contractor will install additional base as needed. Contractor will install four (2) #4 rebar dowels (minimum 12") at each storm drain location (epoxied, with minimum 3" into storm drain box). Contractor will replace the section of removed concrete with new concrete (broom finish) to flush out/same elevation to the nearest control joint(s). Once concrete is finished, Contractor will return perimeter grade to original levels. Curb and gutter work will include asphalt patch back to 6"-12" out from new curb & gutter. Work to include Contractor providing an average of 15 minutes of root removal service per location and will provide and install class II base (compacted) for each location if needed. Excessive root removal beyond 15 minutes (average time) will be provided by the City. Contractor will provide Traffic Control Plans to the City of Carlsbad for all locations and will receive approval of the Traffic Engineer prior to initiating work. Contractor will coordinate underground dig-alert services and will proceed with work only after dig-alert services are completed. All work will meet the City of Carlsbad Engineering Standards (or Regional Standards where not defined}, and Sections 201 and 303, in the "The Greenbook" 2018 edition. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Concrete replacement at fifty-three locations $56,059.63 adjacent to City storm drains 2 LS 1 L&M Bond $873.00 TOTAL* $56,932.63 *I ncludes taxes, fees, expenses and all other costs. PPR Sidewalk, Curb and Gutter Replacement Page 6 of 10 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 EXHIBIT C LABOR AND MATERIALS BOND PWM21-1497TRAN Bond No.: 2318762 Premium: $555.00 Pr , m ,, bns <l on unal WHEREAS, the City of Carlsbad, State of California, has awarded to Performance Plumbing and Mechanical Inc, a California corporation, dba PPM Contracting (hereinafter designated as the "Principal"), a Contract for: PPR SIDEWALK, CURB AND GUTTER REPLACEMENT in the City of Carlsbad, in strict conformity with the drawings and specific.ations, 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, PPM Contracting, as Principal, (hereinafter designated as the "Contractor"}, and North American Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-six thousand nine hundred thirty-two dollars and sixty- three cents {$56,932.63), 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. PPR Sidewalk, Curb and Gutter Replacement Page 7 of 10 City Attorney Approved 1/20/2020 l .,,, , , e DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 PWM21 -1497TRAN 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 ---'8 __ th ______ day of ___ J_u_ne _________ , 20_2_1_ Performance Plumbing and Mechanical, Inc. a California Corporation, dba PPM Contracting (SEAL) (Principal) By:~ l{Signa'8) &-t-1p, 1it4r<lf,~£"f/.P'eJ.PT (Name/Title) Nmth American Specialty Insurance Compan)(SEAL) (Surety) By:~~ Rebecca James, Attorney in fact (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ~~ Assistant City Attorney PPR Sidewalk, Curb and Gutter Replacement Page 8 of 10 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHING TON INTERNATIONAL INSURANCE COMP ANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: CYNDI BEILMAN, ANNE WRIGHT, and REBECCA JAMES JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of surety ship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By __ --'-~--~--- Stcvcn P. Anderson, Senior Vice President or Washington Intcrnationnl Insurance Company & Senior Vice President of North American Spcch1lty Insurance Company By~------..J..--l.='---L.-_,_ __ ~-----Michaet A. ho, & Senior Vice President ofN011h Ameiican Spccinlty Insurance Comp1my IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this _l 8_day of JANUARY 20~. State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this~ day of JANUARY 20~ before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M.KENNY Notary Public• State of llli11<1is My Commission Expi1L-s \__\." r-'\. \/ I -.r-\+'-... .•.. -~- M. Kenny, Notary Public '\:·) I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 8th day of June , 20 21 . ~p-e~- Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American SpeciaJty Insurance Company DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 CALI FORNIA ALL-PURPOSE 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 San Diego } On __ 6~/~0_8~/~2~0~2~1 ____ before me, Anne M. Wright , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared _R_e_b_e_c_c_a_J_a_m_e_s ________ ,-,----,--,,--,-,~--,--,--------------- Name(sJ of Signer(s) Place Notary Seal Above 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. OPTIONAL Though the information below is not required by la~1 it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: ______________________________ _ Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title( s): ________ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 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 ?'}ttO '':'l ., On I~ cl V~~ '1-41A before me, _ _.c..:~'---'----Vw;~r'-----:---_. __.N'--Ofi_,_~!L..ff-Mw---=:...:::.!"-------- Date Here Insert Name and Trtle of the Officer personally appeared _✓ __ /J(i_~ _ __:_rt"l_W'-__ " ________ ____,,--------------- Name(tf of Signer(!( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s1 is/a¢ subscribed to the within instrument and acknowledged to me that he/sYi'e/they executed the same in his/hef/t!{eir authorized capacity(ie(), and that by his/h~/trnefi r signature(s) on the instrument the person(SJ, or the entity upon behalf of which the person(:t) acted, executed the instrument. e aeoeone no r DAREN VASS I COMM. #2264054 fn $! : a; NOTARY PUBLIC-CALIFORNIA :!: SAN DIEGO COUNTY I l . , My Comm. Explrea November 21, 2022' • •••••.,,..•••••••t.os:us s 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. ---------------OPTTONAL--------------- 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 IP (, 'f \ t-1 Title or Type of Document: 4 '6at-f ~l\;f ~q-l9 Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer{s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Asset Number 428-17 428-2 428-5 42D-102 438-51 438-52 438-53 438-8 43D-73 43D-S203 45A-29 458-101 458-75 458-81 458-88 47D-23 48A-182 488-21 488-48 48C-13 48C-16 48D-S 48D-8 49A-11 SOG-74 53D-12 54C-28 SSA-15 SSA-17 SSA-37 SSA-39 SSA-40 55A-58 55B-38 55C-57 PWM21 -1497TRAN Location EXHIBIT D (Locations) N/E corner of Poinsettia Ln and 8rigatine Dr. North side of Poinsettia Ln approx. 500' East of Aviara Pkwy N/E corner of Aviara Pkwy and Poinsettia Ln. South side of Aviara Pkwy approx. 150' North of Towhee Ln. East side of El Camino Real approx. 800' South of Cassia Rd. East side of El Camino Real approx. 800' North of Poinsettia Ln. East side of El Camino Real approx. 500' North of Poinsettia Ln. South side of Poinsettia Ln approx. 700' West of El Camino Real 6996 Mimosa Dr. West side of El Camino Real approx. 500' North of Dove Lane Across from 2900 Moonstone Pl. S/W corner of Alga Rd and Melrose Dr. South side of Alga Rd approx. 100' West of Paseo Abrazo South side of Alga Rd approx. 200' West of Xana Way South side of Alga Rd approx. 500' West of Alga Rd. North side of 8atiquitos Dr. approx. SO' East of Golden Star Ln. N/E corner of Aviara Pkwy and Ambrosia Ln. 1748 Sorrel Ct. North side of Hummingbird Rd approx. 100' East of Egret St South side of 8atiquitos Dr. approx. 20' West of Spoonbill Ln. (South end) North side of 8atiquitos Dr. approx. 100' East of Spoonbill Ln (South side) Across from 7216 Columbine Dr. 1748 Catalpa Rd. South side of Paseo Candelero approx. 150' West of Grado Marbella East side of Rancho Santa Fe Rd approx. SO' North of Avenida Soledad (bus stop) West side of El Camino Real approx. 200' North of La Costa Towne Ctr. 7781 Quitasol St. 7501 8rava St. 3126 Del Rey Ave. S/E corner of Del Rey Ave and Pueblo St. S/E corner of Hataca Rd and Pueblo St. 3103 Hataca Rd. South side of Gibraltar approx. SO' East of Romeria St. Across from 7348 Circulo Papaya Across from 7595 Cadencia St Sidewalk SQ Ft 20 25 27.5 42 43 65 37.S 62.5 22 25 20 75 27 37.5 106 25 28 5 25 25 25 88 63 34 25 38 28 30 41 35 54 50.5 40 150 25 Curb Linear Ft 8 8 7 6 18 PPR Sidewalk, Curb and Gutter Replacement Page 9 of 10 City Attorney Approved 1/20/2020 ' DocuSign Envelope ID: 0F796AAE-F127-4B1C-A00A-031C0095A167 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 55D-1 58A-S204 588-61 58C-47 58C- S226 58D-31 580-33 58D-63 59C-12 59C-63 59C-71 63A-33 63C-31 63C-51 630-15 63D-4 64A-12 64A-22 3328 Piragua St. East side of El Camino Real approx. 800' North of Calle Barcelona EXHIBIT D (Continued) S/W corner of Avenida Helecho and Calle Olivia East side of El Camino Real approx. 300' South of Calle Barcelona West side of El Camino Real approx. 300' South of Calle Barcelona Across from 2918 Sambrosa St. N/W corner of Sombrosa St. and Avenida Theresa 2418 La Pluma Ln. S/W corner of Paseo Almendro and Calle Barcelona East side of Calle Barcelona approx. 50' South of Rancho Santa Fe N/E corner of Corte Tiburon and Camino Coronado West side of Rancho Santa Fe Rd approx. 800' South of Oliven ha in Rd. S/E corner of Rancho Santa Fe Rd and Calle Acervo East side of Rancho Satna Fe approx .. 200' North of Avenida la Cima 8016 Paseo Esmerado North side of Calle Acervo Approx. 20' East of Paseo Taxco West side of Paseo Esmerado Approx. 100' South of Calle Margarita (private) S/E corner of Camino Arena and Sitio Solana PWM21 -1497TRAN 46 62.5 20 20 37.5 56 35 37 30 61.5 22.5 50 73 15 22.5 so so 42.5 PPR Sidewalk, Curb and Gutter Replacement Page 10 of 10 City Attorney Approved 1/20/2020 9.5 8 17.5 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/18/2021 (858) 223-1170 (858) 223-1170 35378 Performance Plumbing & Mechanical, Inc.DBA: PPM ContractingDBA: Envirovision 3740 Oceanic Way #307 Oceanside, CA 92056 24082 16045 A 1,000,000 X MKLV5PBC002529 11/16/2020 11/16/2021 300,000 $2,500 BI/PD Ded 5,000 1,000,000 2,000,000 2,000,000 1,000,000B BAS60733740 11/16/2020 11/16/2021 5,000,000A MKLV5EUL102847 11/16/2020 11/16/2021 5,000,000 0 C X 7600019673201 11/1/2020 11/1/2021 1,000,000Y1,000,000 1,000,000 The City of Carlsbad is included as additional insured in regards to the General Liability policy per the attached endorsement, subject to a written contract between the Named Insured and Additional Insured. Workers Compensation Waiver of Subrogation applies per the attached endorsement. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 PERFPLU-02 EHUERTA Whiteboard Risk & Insurance Solutions, LLC8787 Complex Drive Ste 202San Diego, CA 92123 Jodi Hollow solutions@whiteboardrisk.com Evanston Insurance Company Ohio Security Insurance Co Everest Premier Insurance Co X X X X X X X X X MKLV5PBC002529 7600019673201