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HomeMy WebLinkAboutArbon Equipment Corporation; 2023-08-01; PSA24-2246FACPSA24-2246FAC City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR CITYWIDE DOOR AND GATE PREVENTATIVE MAINTENANCE SERVICES ARBON EQUIPMENT CORPORATION THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Arbon Equipment Corporation, a Wisconsin corporation ("Contractor"). RECITALS A. City requires the services of a consultant that is experienced in garage door and motorized gate inspections and maintenance services. B. Contractor has the necessary experience in providing services and advice related to garage door and motorized gate inspections and maintenance services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-eight thousand, five hundred dollars ($38,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 August 1st PSA24-2246FAC City Attorney Approved Version 4/24/2023 2 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 such workers employed by him or her in the execution of the Agreement. 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. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 3 recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 4 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. /// /// /// /// DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 5 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Daniel Smith Name Kevin Korb Title Facilities Supervisor Title Project Manager Department Public Works Address 200 S. Rite-Hite Way City of Carlsbad Milwaukee, WI 53204-1195 Address 405 Oak Ave. Phone No. 858-880-5510 Carlsbad, CA 92008 Email kkorb@ritehite.com Phone No. 760-573-9280 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 6 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 7 prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. [signatures on following page] DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 1 27. 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 CITY OF CARLSBAD, a municipal corporation of the State of California ARBON EQUIPMENT CORPORATION, a Wisconsin corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Joseph C. Ramaker, Chief Financial Officer (print name/title) By: (sign here) Gerald F. Timms, President (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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 2 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide all tools, material, labor, and equipment necessary to perform annual preventative maintenance service, lubrication, adjustments, and inspections on the City’s overhead doors and motorized gates listed below. Contractor’s services to be consistent with the checklists attached as Exhibits B and C. All work to be billed at Contractor’s hourly rate of $199 per technician, with not to exceed limits per location as specified below. Line Building Overhead Doors Motorized Gates Not To Exceed 1 Fire Station 1 1275 Carlsbad Village Dr Carlsbad, CA 92008 4 - $2,000.00 2 Fire Station 1 - Butler Building 1275 Carlsbad Village Dr Carlsbad, CA 92008 1 - $1,500.00 3 Fire Station 2 1906 Arenal Rd Carlsbad, CA 92009 5 2 $2,000.00 4 Fire Station 3 3465 Trail Blazer Way Carlsbad, CA 92010 6 1 $2,000.00 5 Fire Station 4 6885 Batiquitos Lane Carlsbad, CA 92011 3 - $2,000.00 6 Fire Station 5 2540 Orion Way Carlsbad, CA 92010 6 2 $2,000.00 7 Fire Station 5 - Storage Building 2540 Orion Way Carlsbad, CA 92010 1 - $2,000.00 8 Fire Station 6 7201 Rancho Santa Fe Rd Carlsbad, CA 92009 4 1 $2,000.00 9 Fire Station 6 – Garage 7201 Rancho Santa Fe Rd Carlsbad, CA 92009 1 - $1,500.00 10 Fire Station 7 4600 Carlsbad Blvd Carlsbad, CA 92008 4 - $2,000.00 11 Police and Fire Headquarters 2560 Orion Way Carlsbad, CA 92010 4 2 $1,500.00 12 Safety Training Center 5750 Orion St Carlsbad, CA 92010 2 1 $1,500.00 13 Fleet Service Center 2480 Impala Dr Carlsbad, CA 92010 9 1 $2,000.00 DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC City Attorney Approved Version 4/24/2023 3 14 Alga Norte Building 5 6565 Alicante Rd, Carlsbad, CA 92009 2 - $1,500.00 15 Aviara Park Shop 6435 Ambrosia Ln Carlsbad, CA 92011 2 - $1,500.00 16 Aviara Park Upper Block House 6435 Ambrosia Ln Carlsbad, CA 92011 1 - $1,500.00 17 CMWD Warehouse 5950 El Camino Real Carlsbad, CA 92010 1 1 $1,500.00 18 Elmwood House 1255 Elmwood Ave Carlsbad, CA 92008 1 - $1,500.00 19 Farmers Building 5815 El Camino Real Carlsbad, CA 92008 2 - $2,000.00 20 Farmers Claims Building 5815 El Camino Real Carlsbad, CA 92008 4 - $2,000.00 21 Streets and Facilities Maint. Yard 405 Oak Ave Carlsbad, CA 92008 3 1 $1,500.00 22 Parks Storage Building 1166 Carlsbad Village Dr Carlsbad, CA 92008 2 - $1,500.00 Totals: 22 Buildings 68 Doors 12 Gates $38,500 DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 PSA24-2246FAC 4 EXHIBIT “B” DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 ARBON EIWIIW/Elllr CORPORllffOII JOB#: CUSTOMER: --------- Barricade Work Area Inspect Section/ Slat Condition Inspect Door Alignment and Condition - Check Operation of Door Inspect and Lubricate Springs/ Bearings -- Adjust Springs ( As Necessary) Inspect Shaft/ Tighten Coupler Inspect Adjust Cables and Drums Inspect and Lubricate Rollers/ Hinges/ Brackets Inspect Top and Bottom Brackets - Inspect Track Mounting/ Clean/ Lubricate - Inspect and Lubricate Chain Hoist Inspect and Tighten All Sprockets Inspect Slide Lock Inspect Weatherseal (Bottom, Sides and Top} Inspect Windows (If Applicable) Inspect End Locks Inspect Condition of Hood Motor Operator (If Installed) Operate Door Opener -Check/ Set Limits Inspect Belts/Chains/Pulleys/Sprockets - Lubricate Roller Chain / Bearings - Inspect and Adjust Brake/ Slip Clutch - Inspect Push Button Station / UL325 - Inspect and Test Photo Eyes/ Reversing Edge Place Updated Arbon Sticker on Door COMMENTS: CUSTOMER SIGNATURE: White -Planned Maintenance File Copy Planned Maintenance Program Overhead and Rolling Steel Doors DATE: -------------------------------- Door# Door # Door # Door # Door # Model: Serial: RS 50 X X L J X X r ... M + i i X X X X X X 7 n r 7 X X l ---+--J 1 i X X + X I n + X -1- X -i -----t--~ I I I I X X X - X I I I I X X X X l l 1 J_ l I L - X X I ---+--I I I X ------+-- X ---~ X X X X I I I I I I I X X X X I I I I X X I ~ J_L I _L X X - -- X X ARBON TECH: ------------------- Yellow -Customer Copy Pink -Field Service Representative Copy Form# PMP-28 PSA24-2246FAC 5 EXHIBIT “C” DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 ARBON EIIIIIIWIElll1 CORPORATION JOB#: CUSTOMER: Planned Maintenance Program Sliding Security/Barrier Gate DATE: ------------------------------------------ Gate# Gate# Gate# Gate# Gate# Model: Serial: Barricade Gate and Work Area I l Inspect Structure and Condition of Gate -r 7 l l l l - Inspect Gate Alignment and Level -- - Lubricate Shaft Bearings Operate Gate l r,-1 l Check Limits and Relays (adjust if necessary) Inspect Belts/Chains/ Pulleys/Sprockets L L L J_ L l l Inspect and Lubricate Roller Chain 7 r 7 t i 7 Inspect and Lubricate Rollers /Trolleys -+-I Inspect and Adjust Brake ----r n T 7 Inspect and Adjust Clutch --- Inspect all Activation Devices -Motion/loops/Push Buttons --- Does Gate meet UL 325 Criteria l J 1 l Inspect / Test Photo Eyes -7 ~ I I r I Inspect all Safety Edges - Check Batteries in remote Safety Edges 7 .. r M t 11 7 Inspect hold open spring/ springs Inspect hydraulic fluid level Inspect hydraulic cylinder and hoses I M T T 7 -+- Place Updated Arbon Sticker on Gate and Control Box Final Cleanup of Gate Area ~ I COMMENTS: CUSTOMER SIGNATURE: ARBON TECH: ------------------- White -Planned Maintenance File Copy Yellow -Customer Copy Pink -Field Service Representative Copy Form# PMP-27 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 5/9/2023 Robertson Ryan & Associates, Inc330 E Kilbourn Ave # 850Milwaukee WI 53202 Shari M. Smith 414-221-0362 RHCerts@robertsonryan.com SENTRY INSURANCE COMPANY 24988 RITEH-1 Sentry Casualty Insurance 28460Arbon Equipment CorporationRite-Hite Company, LLCDuctSox Inc./Caljan America195 S. Rite-Hite WayMilwaukee WI 53204 Ace American Insurance Company 22667 Great American Excess & Surplus Insurance 37532 Federal Insurance Company 20281 1947975837 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 2,000,000 2,000,000 X Y 9003074001 10/1/2022 10/1/2023 0 A 2,000,000 X X X X Comp $0 Ded X Coll $0 Ded 9003074002 10/1/2022 10/1/2023 CD X X 5,000,000 X G72542216002XSE77065201 10/1/202210/1/2022 Y 10/1/202310/1/2023 5,000,000 X 10,000 Excess Umbrella 5,000,000 BA X N Y 90030740039003074004 WI-NV, MD 10/1/202210/1/2022 10/1/202310/1/2023 1,000,000 1,000,000 1,000,000 EC Blanket PropertyProducts-Comp/OP NY N 35900947G71174682005 10/1/202210/1/2022 10/1/202310/1/2023 PropertyOcc & Aggregate 160,731,4782,000,000 Additional Insured: The City of Carlsbad. Waiver of subrogation applies to the work comp. Umbrella follows form. Insurance forms are attached. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564United States DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 ACORD® I ~ I f--□ □ f-- f-- Fl □ □ f-- f--~ f--f-- f--f-- f--H I I I I I □ I Additional Coverage 10/1/2022 to 10/1/2023 Arbon Equipment Corporation Rite-Hite Company, LLC -Products/Completed Operations policy is shown separately on the certificate of insurance -Blanket Waiver of Subrogation for General Liability CG2404/1219 -Blanket Waiver of Subrogation for Products/Completed Ops. CG2404/1219 -Blanket Waiver of Subrogation for Automobile Liability CA7616/0618 -Blanket Waiver of Subrogation for Workers' Compensation WC000313/0484 -Blanket Waiver of Subrogation for Umbrella -Blanket Additional Insured for General Liability CG2010/1219 -Blanket Additional Insured for Products/Completed Operations CG2037/1219 -Blanket Additional Insured for Automobile Liability CA8007/0618 -Blanket Additional Insured for Umbrella -Primary & Non-Contributory under the General Liability CG2001/1219 -Primary & Non-Contributory Products/Completed Operations CG2001/1219 -General Liability excluding Products/Completed Operations has no deductible -Products/Completed Operations Deductible $500,000 -Chubb Insurance includes Contractors Equipment/$700,000 with a $10,000 deductible with Replacement Cost. -Installation Floater & Transit limit $250,000 with a $10,000 deductible. -Crime: Employee Dishonesty $1,000,000/$25,000 Retention and Employee Theft of Clients Property $500,000/$25,000 Deductible. Travelers. Insurance Company, Policy 105842758. 10/1/22 to 10/1/23. -Excess Umbrella: $5,000,000 Occurrence and Aggregate limit the same-Harleysville Insurance Company of New York, EMR0000004000 -Excess Umbrella: $5,000,000 Occurrence and Aggregate limit the same-RSUI-NHA099238 -Umbrella follows form over and above the General Liability, Products Liability, Auto Liability and the Workers Compensation. -Property is replacement cost with no exclusion for height or a non-commercial building/structure If you received this certificate by mail and would like it emailed to you in the future, please email us your email address at RHCerts@robertsonryan.com; Attach a copy of the front page of the certificate when doing this. DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 POLICY NUMBER:G71174682 005 COMMERCIAL GENERAL LIABILITY CG 20 371219 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract signed by both As required by written contract signed by both parties prior to loss. parties prior to loss. 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" 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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Change effective 10/01/2022 Page 1 of 2CG 20 10 12 19 09/20/20229003074 Sentry Insurance Company © Insurance Services Office, Inc., 2018 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY 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 CG 20 10 12 19 Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations 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) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.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 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All locations Description: All jobs Where required by written & signed agreement 9003074001 00001 0000000000 22263 0 N1 669a952b-eb5f-40df-9140-fce82452c95f669a952b-eb5f-40df-9140-fce82452c95f DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 Change effective 10/01/2022 CG 20 10 12 19Page 2 of 2 09/20/20229003074 Sentry Insurance Company DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of can- cellation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and du- ties but only with respect to that property. IL 001711 98 9003074 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 09/06/2022 Sentry Insurance Company 1 00001 0000000000 22249 0 N 5e84d943,11Oa-4cf7-b6e1-3953c12cfc87 DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 IL 001711 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of can- cellation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mall or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and du- ties but only with respect to that property. IL 001711 98 9003074 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 09/06/2022 Sentry Insurance Company 1 00001 0000000000 22249 0 N 67eedb02-cd69-41f5.Ba39-410e64ff9a39 DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 IL 00 1711 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 □ DocuSign Envelope ID: E27B645D-6E3B-4023-BA0B-F594A3094621 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name: Address: AL, AZ, CO, CT, FL, GA, IA, ID, IL, KS, LA, ME, Ml, MN, MO, MS, NC, NM, NY, OR, PA,SC,TN,VA,VT,WV Description of Waiver: Any person or organization for whom the Named Insured has agreed by written contract executed prior to loss. JoblD: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.} Endorsement Effective Insured Insurance Company Change effective 10/01/2022 WC 00 0313 (Ed. 4-84} © 1983 Natlonal Council on Compensation Insurance. 9003074003 Policy No. Endorsement No. Premium Countersigned by ________________ _ Page 1 of 1 09/21/2022 Sentry Casualty Company 1 00002 0000000000 22264 0 N 794ce 1B9-e9b8-440b-8501-2a9e264252of