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HomeMy WebLinkAboutPBA Ltd. South; 2024-02-13; PWM24-2376TRANPWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 1 City Attorney Approved 8/15/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CARLSBAD VILLAGE DRIVE 24" STORM DRAIN LINE REPAIR This agreement is made on the ______________ day of _________________________, 2024, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and PBA Ltd. South, a California corporation, whose principal place of business is 4135 Park Dr., Carlsbad, CA 92008 (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"). This work is being done in connection with the City of Carlsbad Storm-Related Emergency Protection Activities local emergency declaration attached as Exhibit “C”. PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook”, latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Michael O'Brien (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. DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 13th February PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 2 City Attorney Approved 8/15/2023 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. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this 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 DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 3 City Attorney Approved 8/15/2023 provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: Kevin Doherty________________________ 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 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. DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 ~ '."1'/l PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 4 City Attorney Approved 8/15/2023 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 started work on February 12, 2024. Completion: Contractor agrees to complete work within ten (10) working days. CONTRACTOR’S INFORMATION. PBA, Ltd. South 4135 Park Dr. (name of Contractor) 1081694 (street address) Carlsbad, CA 92008 (Contractor’s license number) A & B 9/30/2023 (city/state/zip) 760-801-5238 (license class. and exp. date) 1000834464/ 6/30/2024 (telephone no.) kevin.pbalimited@gmail.com (DIR registration number/exp. date) (e-mail address) 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. [signatures on following page] DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 5 City Attorney Approved 8/15/2023 CONTRACTOR PBA, LTD. SOUTH, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Kevin James Doherty President, Secretary, & CFO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (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, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 6 City Attorney Approved 8/15/2023 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 7 City Attorney Approved 8/15/2023 EXHIBIT B Carlsbad Village Drive 24" Storm Drain Line Repair Contractor shall provide all labor, materials and equipment requried to excavate and expose an existing 24” Concrete Reinforce Pipe located on Carlsbad Village Dr. between Pointiac Dr. and Victoria Ave. Work shall include but not limited to, complete excavation around entire pipe (removing roots and fully exposing separated joint), securing the existing pipe in place while excavating, resecuring the existing pipe to reestablishing connection, installing concrete lug at separated joint to current Green Book Standards, including establishing a headwall with doweling rebar to secure lug to pipe, reinstall clean class 2 base (to 90% compaction) to both the excavated site and to the eroded slope adjacent to the the excavated site (existing excavated material may be used per Contract Administrator approval). JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 All labor, materials and equipment to repair and lug a 24" storm drain line under Carlsbad Village Dr $20,000 2 LS 1 Contingency $4,000 TOTAL* $24,000 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 8 City Attorney Approved 8/15/2023 EXHIBIT B Carlsbad Village Drive 24" Storm Drain Line Repair Location Map Location on east side of Carlsbad Village Dr. adjacent to slope. DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 Tim Bre HVAC Se pe Ele rntary School PWM24-2376TRAN Carlsbad Village Drive 24" Storm Drain Line Repair Page 9 City Attorney Approved 8/15/2023 EXHIBIT C LOCAL EMERGENCY DECLARATION DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 City Hall Proclamation of •Local Emergency 1200 Carlsbad Village Drive Carlsbad, CA 92008 FOR STORM-RELATED EMERGENCY PROTECTION ACTIVITIES TO REPAIR A STORM DRAIN PIPELINE ON CARLSBAD VILLAGE DRIVE NEAR PONTIAC DRIVE WHEREAS, on February 4, 2024, the Governor of the State of California found that conditions of extreme peril exist in San Diego County and other counties due to the early February 2024 storms caused by a powerful, slow-moving atmospheric river and proclaimed a state of emergency to make additional resources available to local governments, formalize emergency actions, and help the state prepare for the impact of the storms. WHEREAS, California Government Code Section 8630 allows the City Council or an official designated by ordinance adopted by the City Council, to proclaim a local emergency; and WHEREAS, the City of Carlsbad's Emergency Services Ordinance, including Carlsbad Municipal Code Section 6.04.l00(A)(l), empowers the City Manager, as the City of Carlsbad's Director of Emergency Services, or, in the City Manager's absence, the Assistant City Manager, as Acting City Manager and Acting Director of Emergency Services, to proclaim the existence of a local emergency, subject to ratification by the City Council, when there exists, or there is threatened to exist, conditions of extreme peril to the safety of persons and property within the City of Carlsbad; and WHEREAS, in the case of an emergency, California Public Contract Code Section 22050 allows the City Council, or a person delegated the authority by the City Council, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes without giving notice for bids to let contract; and WHEREAS, under California Public Resources Code Section 21080(b)(3) and Title 14, Section 15269 of the California Code of Regulations, the requirements of the California Environmental Quality Act do not apply to projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which the Government has proclaimed a state of emergency. On a separate and independent basis, the project is also exempt from further environmental review under the California Environmental Quality Act in accordance with the CEQA Guidelines Section 15301(c) ("Existing Facilities"). Section 15301(c) does not apply to the operation, repair and/or maintenance of existing utilities involving negligible or no expansion of use; and WHEREAS, the Acting Director of Emergency Services finds: 1.The National Weather Service has issued multiple winter storm warnings, high wind warnings, wind advisories, and flood and flash flood watches throughout the State of California in anticipation of a powerful, slow moving atmospheric river. DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 Local Emergency -Carlsbad Village Drive Storm Drain Pipeline Repair Page 2 2.Existing conditions and threatened conditions of extreme peril to the safety ofpersons and property have arisen within the City of Carlsbad caused by a powerful, slow-moving atmospheric river, and that the unexpected occurrence poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property and essential public services. 3.Prior to the early February 2024 storms, powerful winter storms that occurredless than a month ago had amplified the impact of local flooding due to the record-breaking amount of rainfall including a severe rainstorm that began on January 22, 2024 ("January Storm"), in all, dropping 2 to 3 inches of rain in a three-hour period, a total that exceeds that of an average wet month and rivals the rainfall needed to spur a 100-year flood event. 4.On January 22, 2024, the County of San Diego proclaimed an emergency due tothe January Storm, which the county characterized as a thousand-year storm, and which caused drastic flooding and flash flooding in the county. 5.The existing conditions of the current atmospheric river causing local flooding,in addition to the impacts of the January Storm, have created dangerous conditions on Carlsbad Village Drive, near Pontiac Drive, caused by a failed storm drain pipeline located in the city right­of-way that threatens to undermine a critical roadway. Immediate repairs are needed to prevent roadway failure and additional slope erosion. 6.That the City Council of the City of Carlsbad, California was not in session andcould not be immediately called into session. NOW, THEREFORE, IT IS PROCLAIMED that, subject to review and ratification by the City Council at its next regular meeting, a local emergency now exists in the City of Carlsbad, California, on Carlsbad Village Drive near Pontiac Drive. IT IS FURTHER PROCLAIMED AND ORDERED that, under California Public Contract Code Section 22050 and Carlsbad Municipal Code Sections 3.28.llO(A) and 3.28.120, city staff may proceed at once to obtain the necessary equipment, services, and supplies to repair the storm drain pipeline without giving notice for bids to let contracts. Dated: 2 / t? / -i.. y -------By: -�-:1 ........... )h_�_t_l'--_--=---=--GEOFF Pi'TNOE Acting City Manager/ Acting Director of Emergency Services DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 LOCATION MAP VICINITY MAP PROJECT NAME REPAIR OF A STORM DRAIN PIPELINE ON EXHIBIT CARLSBAD VILLAGE DRIVE NEAR PONTIAC DRIVE C DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 OCEANS/DE PWM24-2376TRAN City Attorney Approved Version 12/14/2023 CALIFORNIA AIR RESOURCES BOARD. The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel- Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board (“CARB”) regulations including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates of Reported Compliance (“CRC”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City of Carlsbad. Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 PWM24-2376TRAN City Attorney Approved Version 12/14/2023 FLEET COMPLIANCE CERTIFICATION. Bidder hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: ☐The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ☐The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ☐Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). ☐The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ☐The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Bidder: PBA Ltd., South Signature: Name: Kevin James Doherty Title: President, Secretary, & CFO Date: x DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 2/13/2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE 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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. 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 SUBRWVDADDLINSD 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 COMPENSATIONAND 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 OCCURRENCEDAMAGE 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 11/29/2023 E360 INSURANCE SERVICES 16000 Ventura Blvd #400 Encino CA 91436 Pejman Nabatian (888) 862-6750 (213) 302-5153 Leykin@e360insurance.com PBA, LTD South 4135 Park Drive Carlsbad CA 92008 KINSALE INSURANCE COMPANY 38920 INFINITY INSURANCE COMPANY 22268 Everest Premier Insurance Company 16045 A Y Y 0100163944-2 09/23/2023 09/23/2024 1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000 B Y 504-61011-7282-001 11/29/2023 11/29/2024 1,000,000 A 0100164143-2 09/23/2023 09/23/2024 2,000,000 2,000,000 C Y 7600024784231 09/23/2023 09/23/2024 $1,000,000 $1,000,000 $1,000,000 The City of Carlsbad is Included as Additional Insured as Respects Liability arising out of work or operations performed by or on behalf of the Contractor on the General Liability and Auto policy. Wavier of subrogation applies to General liability. Primary / Non-Contributory Endorsement City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrierta CA 92564 DocuSign Envelope ID: 9BF9BD9F-145D-4813-A7FB-544A6EA46BD7 ACORD® I ~ I X ~ □ [X] ~ ~ ~ □ □ ~ ~ X ~ ~ ~ x ~ I I X I I I □ ---:::::::----