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HomeMy WebLinkAboutElite Glass & Windows Inc; 2024-06-10; PWM24-3448FACPWM24-3448FAC Harding Community Center D Building Window Replacement Page 1 City Attorney Approved 2/13/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT HARDING COMMUNITY CENTER D BUILDING WINDOW REPLACEMENT This contract is made on the ______________ day of _________________________, 2024 (“Contract”), by the City of Carlsbad, California, a municipal corporation (“City”) and Elite Glass & Windows, Inc., a California corporation, whose principal place of business is 2205 Faraday Avenue, Suite G, Carlsbad, California 92011 (“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, 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 Lauren Milliken (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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 Contract constitute “public works” under California Labor Code Section 1720 et seq., and 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 Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. 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 Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 June10th PWM24-3448FAC Harding Community Center D Building Window Replacement Page 2 City Attorney Approved 2/13/24 certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCE BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. 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. DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 PWM24-3448FAC Harding Community Center D Building Window Replacement Page 3 City Attorney Approved 2/13/24 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 Contract 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 (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: __________Kenneth Ian Davies _________ 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 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. Property damage insurance in an amount of not less than……..$2,000,000 Automobile Liability Insurance in the amount of $2,000,000 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. DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 PWM24-3448FAC Harding Community Center D Building Window Replacement Page 4 City Attorney Approved 2/13/24 The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against 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 Contract is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) 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. Elite Glass & Windows, Inc 2205 Faraday Ave, Suite G (name of Contractor) 858897 (street address) Carlsbad, CA 92011 (Contractor’s license number) C17 5/31/2025 (city/state/zip) 760-431-1499 (license class. and exp. date) 1000020999 6/30/2025 (telephone no.) elitegw@sbcglobal.net (DIR registration number/exp. date) (e-mail address) AUTHORITY. The individuals executing this Contract 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 Contract. [signatures on following page] DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 PWM24-3448FAC Harding Community Center D Building Window Replacement Page 5 City Attorney Approved 2/13/24 CONTRACTOR ELITE GLASS & WINDOWS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Kenneth Ian Davies, President and Chief Financial Officer 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, Contract 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: E6E2828A-1D6A-4650-888F-735B10890B33 ~ D tWit-S PWM24-3448FAC Harding Community Center D Building Window Replacement Page 6 City Attorney Approved 2/13/24 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. & Expiration Date License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 nonenonenonenonenone none PWM24-3448FAC Harding Community Center D Building Window Replacement Page 7 City Attorney Approved 2/13/24 EXHIBIT B Harding Community Center D Building Window Replacement Contractor to provide all labor, tools, and materials to remove existing windows (5) and replace with new retrofit white vinyl windows at the Harding Community Center, 3096 Harding Street, Carlsbad, California 92008. All work and materials to be consistent with Exhibit C. Notes: • Milgard Trinsic V300 Series: White Vinyl, Retrofit • Windows: Dual Pane, Screens, Title 24 compliant; LowE3 and Argon gas. • 10-Year Commercial Warranty. Screens 1-year warranty; from manufacturer defect. • Installation Warranty; same as Manufacturer. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Milgard Trinsic V300 Series: White Vinyl, Retrofit Four (4) 4.0 x 3.0 XO sliding windows One (1) 3.0 x 2.0 XO sliding window fsd $5,400 TOTAL* $5,400 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 PWM24-3448FAC Harding Community Center D Building Window Replacement Page 8 EXHIBIT C DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 ~\.I 'T~ •• i!lilil illillil lillillil Elite Glass & Windows, Inc. 2205 Faraday Ave, Suite G. Carlsbad, CA 92008 www eliteaw com Glass & Windows, Inc. License: #858897 PROPOSAL #2 Submitted to: Name: Address: Jobsite: Brian Bacardi, Public Works Superintendent City of Carlsbad, 40S Oak Ave, 92008 3096 Hording St, Carlsbad 92008 D • Building Office: 760 431·1499 eliteow@sbcolobal net Hilgard Certified Dealer Dote: April 29, 2024 Phone: 760-585-8076 email: brian.bacardi@carlsbadca.gov We hereby submit specifications: Includes New Materials Taxes Installation Disposal/Cleanup_ Milgard Trinsic V300 Series: White Vinyl, Retrofit: D• Building 11. Four (4) 4.0 x 3.0 XO sliding windows 21. One (1) 3.0 x 2.0 XO sliding window Total 5 windows. DIR# 1000020999 expires 6-30-2025 Quote Includes Prevailing Wage. Quote does not include any additional insurance requirements above, standard. Qualifications/Clarifications: Quote expires in 30 days, • Windows: 0ual Pane, Screens, Title 24 compliant; LowE3 and Argon gas. • 10-Year Commercial Warranty. Screens 1-year Wty; from manufacturer defect. • Installation Warranty; same as Manufacturer. We hereby propose in accordance with the above specifications for the sum of: Five Thousand Four Hundred dollors, by check Toto/$ 5,400.00 by check PWM24-3448FAC Harding Community Center D Building Window Replacement Page 9 EXHIBIT C (Continued) DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 PWM24-3448FAC Harding Community Center D Building Window Replacement Page 10 EXHIBIT C (Continued) DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 Trinsic • Series Vinyl Windows & Patio Doors Architectural Manual Horizontal Sliding Window 1-l/2"Contour Z·bar fil•N.I .... Tltl'ISiC,.)110 11$ U/11 ~r _,.r.....,...,.0...-,,, ..... i-...-,, ... .._.,,s..., .. ,"°"'.""'"., ... ""' .... ... (W)OIII .,.,. ___ ....... ___ ,.,.,_.,,...,_~••10 .. ,.. ...... .... HORIZONTAL SLIDER SERIES 2170 ,-------=--------, .... .... HEAD & Sill Revit, Sketch Up, .PDF and .DWG files can be accessed at milaard,com/orofeuionalshechnirnl·re$ource5 JAMBS Go bock to Quidr. L.mks Horizontal Slicfin9 Window-67 PWM24-3448FAC Harding Community Center D Building Window Replacement Page 11 City Attorney Approved 2/13/24 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. 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, 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. DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 PWM24-3448FAC Harding Community Center D Building Window Replacement Page 12 City Attorney Approved 2/13/24 EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor’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. ☐ Contractor 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). Contractor 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). Contractor 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 Contractor: Elite Glass & Windows, Inc. Signature: Name: Kenneth Ian Davies Title: President and Chief Financial Officer Date: DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 5/29/2024 X 05/28/2024 CSIS Insurance Services 3315 Old Conejo Road Thousand Oaks CA 91320 CSIS Insurance Services (888) 501-2747 (805) 446-4881 certificates@csisonline.com Elite Glass & Windows Inc 2205 Faraday Avenue Suite G Carlsbad CA 92008 Associated Industries Insurance Company 23140 Scottsdale Insurance Company 41297 Hartford Casualty Insurance Company 29424 Master as of 3/2024 A Y N AES1228071 01 09/08/2023 09/08/2024 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y N CXS4008749 09/08/2023 09/08/2024 1,000,000 1,000,000 Liability/Work Comp Underlying C Y N 72WECAR5DMD 03/01/2024 03/01/2025 1,000,000 1,000,000 1,000,000 City of Carlsbad is added as additional insured as required by written contract in respects to General Liability, per attached. NOTE: If a signed written contract is NOT in place, then coverage under the Additional Insured/Primary & Non-Contributory/Waiver of Subrogation does NOT apply and is voided.Commercial Umbrella policy extends the limits of the Commercial General Liability & Workers' Compensation Policies. The insurance carrier will send written cancellation notices as follows: Ten(10) days notice for non-payment of premium or Thirty(30) days notice for non-renewal. City of Carlsbad/CMWD c/oEXIGIS Insurance Compliance Services PO Box 947 Murrieta CA 92564 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 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. $ $ $ $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 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 DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 ACORD® I ~ I X I [8] - - ~ □ □ - - - - - - - X ~ I I XI I I □ ~A --I ELITE GLASS & WINDOWS INC Corporation, Legal Additional Named Insureds Other Named Insureds OFAPPINF (02/2007)COPYRIGHT 2007, AMS SERVICES INC DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 Assessment Fund ASMNT $197.00 Waiver of Subrogation WVSUB $295.00 UEBTF UEBTF $12.00 OSHF OSHF $58.00 Territory Differential Prem 1 TDP01 -$1,964.00 Premium discount PDIS -$102.00 Expense constant EXCNT $200.00 SIBT SIBT $127.00 Schedule rate adjustment SRA -$5,239.00 Identity Fraud FRAUD $33.00 LECF LECF $57.00 ADDITIONAL COVERAGES Ref #Description Edition DateForm No.Coverage Code Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Copyright 2001, AMS Services, Inc.OFADTLCV DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:05/28/24 Policy Expiration Date:03/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEC AR5DMD Endorsement Number:002 Effective Date:05/24/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ELITE GLASS & WINDOW INC 2205 FARADAY AVE STE G CARLSBAD CA 92008 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description 'The City of Carlsbad', c/o EXIGIS Insurance Compliance Services at P.O. Box 947, Murrieta, CA 92564 001 DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 ? DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 ACORD(/J CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/29/2024 ~ 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT ANN VARELIA ...... .,. StateFarm PAUL VARELIA r .. ~w~:o Extl: 619-670-8686 I FAX 619-670-8502 IA/C. Nol· A . 3661 AVOCADO BLVD ~;!Aft~~~~-PAUL@PAULVARELIA.COM LA MESA, CA 91941 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: State Fann Mutual Automobile Insurance Companv 25178 INSURED INSURER B: DAVIES, KENNETH IAN INSURERC: OBA ELITE GLASS & WINDOWS INSURER D: 2205 FARADAY AVE STE G INSURERE : CARLSBAD, CA 92008 INSURER F: COVERAGES CERTIFICATE NUMBER-REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'MTHSTANDING 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. I IN:>I< TYPE OF INSURANCE l"UU SUB POLICY NUMBER (MM/DD/YYYYI IMM/OONYYYI LIMITS LTR INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I--D CLAIMS-MADE □ OCCUR DAMAGE TO RENTED l<=o ~rurrencel $ I-- I--MEO EXP (Any one person) $ PERSONAL & ADV INJURY 1--$ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R □PRO-O Loc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY 1-- COMBINED SINGLE LIMIT /"o orrlnonll $ ANY AUTO 119 2241 A05-55W 01/05/2024 07/05/2024 BOOIL Y INJURY (Per person) s 1,000,000 1--X A OWNED SCHEDULED y y BOOIL Y INJURY (Per accident) $ 1,000,000 1--AUTOS ONLY AUTOS HIRED NON-OVIINEO ;.;;;;~.;;;~~t)MmMV~ s 1,000,000 1--AUTOS ONLY 1--AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ >-- EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I ~JH-$ AND EMPLOYERS' LIABILITY STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE Dy/ N E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NI A (Mandatory In NH) E.l. DISEASE -EA EMPLOYEE $ If yes. describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarka Schedule, may be attached If more apace la required) WORDING INCLUDES: PRIMARY AND NONCONTRIBUTORY WORDING ALONG WITH WAIVER OF SUBROGATION VEHICLE: 2019 FORD F150 1FTEX1CP5KKF18743 ADDITIONAL INSURED: THE CITY OF CARLSBAD/CMWD C/0 EXIGIS INSURANCE COMPLIANCE SERVICES PO BOX 947 MURRIETA, CA 92564 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF CARLSBAD/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. C/0 EXIGIS INSURANCE COMPLIANCE SERVICES AUTHORIZED REP™ v~~ PO BOX 947 MURRIETA, CA 92564 I © 1988-2015 ACORD CORPORATION. All nghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-1 ~2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 99 00 06 A (1)Printed in U.S.A.Page 1 Process Date:05/28/24 Policy Expiration Date:03/01/25 CHANGE IN INFORMATION PAGE INSURER:Hartford Casualty Insurance Company NCCI Company Number:14397 Audit Period:ANNUAL Policy Effective Date:03/01/24 Policy Expiration Date:03/01/25 Policy Number:72 WEC AR5DMD Endorsement Number:002 Effective Date:05/24/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ELITE GLASS & WINDOW INC 2205 FARADAY AVE STE G CARLSBAD CA 92008 FEIN Number:20-2567508 Producer Name:CSIS INSURANCE SERVICES Producer Code:72254841 It is agreed that the policy is amended as follows: This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford. In consideration of no change in premium, it is agreed that: Policy is amended to add the following condition(s): Waiver of Our Right to Recover from Others Endorsement Policy is amended to delete the following condition(s): Waiver of Our Right to Recover from Others Endorsement Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy. WC990006A(.2) WC990006A(.1P) WC040306 DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 CHANGE IN INFORMATION PAGE (Continued) Policy Number: 72 WEC AR5DMD SCHEDULE IT IS AGREED THAT THE POLICY IS AMENDED AS FOLLOWS: CLASS CODE NUMBER AND DESCRIPTION ESTIMATED TOTAL ANNUAL REMUNERATION RATES PER 100 OF REMUNERATION ESTIMATED ANNUAL PREMIUMS Form WC 99 00 06 A (1)Printed in U.S.A.Page 2 Process Date:05/28/24 Policy Expiration Date:03/01/25 CA Total State Summary Waiver charge 0.00 0.020000 -250 Waiver charge 0.00 250 California Total Cost 0 DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:05/28/24 Policy Expiration Date:03/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEC AR5DMD Endorsement Number:002 Effective Date:05/24/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ELITE GLASS & WINDOW INC 2205 FARADAY AVE STE G CARLSBAD CA 92008 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description 'The City of Carlsbad', c/o EXIGIS Insurance Compliance Services at P.O. Box 947, Murrieta, CA 92564 001 DocuSign Envelope ID: E6E2828A-1D6A-4650-888F-735B10890B33 ?