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HomeMy WebLinkAboutNMN Construction, Inc.; 2025-02-20; PWS25-3661TRAN00 01 01 TITLE PAGE Document Version: 1.0 CITY OF CARLSBAD CONTRACT DOCUMENTS FOR: Kelly Drive Channel Emergency Repair Project No. 6606 PWS25-3661TRAN 1635 Faraday Ave, Carlsbad, CA 92008 Email: PWContractAdmin@carlsbadca.gov Date Printed: January 14, 2025 Current Update: May 2023 Table of Contents SECTION 1 ................................................................................................................................... , 7 00 1110 NOTICE INVITING BIDS .................................................................................................. 7 1. RECEIPT OF BIDS .................................................................................................................. 7 2. DESCRIPTION OF WORK ....................................................................................................... 7 3. COMPLETION OF WORK ...................................................................................................... 7 4. OPENING AND AWARD OF BIDS .......................................................................................... 7 5. PERIOD FOR AWARD ............................................................................................................ 7 6. BIDDER QUALIFICATIONS ..................................................................................................... 8 7. PRE-BID CONFERENCE ......................................................................................................... 8 8. OBTAINING CONTRACT DOCUMENTS ................................................................................. 8 9. BID GUARANTEE AND BONDS ............................................................................................. 8 10. PREVAILING WAGE RATES AND LABOR COMPLIANCE ...................................................... 9 11. PROJECT ADMINISTRATION/QUESTIONS .......................................................................... 9 00 2110 INSTRUCTIONS TO BIDDERS ........................................................................................ 10 1. SECURING CONTRACT DOCUMENTS ................................................................................. 10 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS ..................................................... 10 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS ....................................................... 11 4. QUESTIONS ........................................................................................................................ 11 5. PRE-BID CONFERENCE ....................................................................................................... 11 6. ADDENDA ........................................................................................................................... 12 7. ALTERNATE BIDS ................................................................................................................ 12 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 1 Date Printed: January 14, 2025 Current Update: May 2023 8. COMPLETION OF BID FORMS ............................................................................................ 13 9. GOVERNING GENERAL PROVISIONS .................................................................................. 13 10. MODIFICATIONS OF BIDS ................................................................................................. 14 11. BID GUARANTEE .............................................................................................................. 14 12. LABOR & MATERIAL BOND & PERFORMANCE & WARRANTY BOND REQUIREMENTS ... 15 13. SUBSTITUTION OF SECURITY ........................................................................................... 15 14. OPTIONAL ESCROW FOR SECURITY DEPOSIT .................................................................. 15 15. INSURANCE REQUIREMENTS ........................................................................................... 15 16. LICENSING REQUIREMENTS ............................................................................................. 16 17. SUBCONTRACTORS .......................................................................................................... 17 18. BIDDER INFORMATION AND EXPERIENCE FORM ............................................................ 18 19. NON-COLLUSION AFFIDAVIT ........................................................................................... 18 20. IRAN CONTRACTING ACT OF 2010 ................................................................................... 18 21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ...................................... 18 22. PREVAILING WAGES ......................................................................................................... 19 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............................................. 19 24. SIGNING OF BIDS ............................................................................................................. 20 25. SUBMISSION OF SEALED BIDS ......................................................................................... 20 26. OPENING OF BIDS ............................................................................................................ 21 27. WITHDRAWAL OF BID ...................................................................................................... 21 28. BIDDERS INTERESTED IN MORE THAN ONE BID .............................................................. 22 29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES ......................... 22 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 2 Date Printed: January 14, 2025 Current Update: May 2023 30. PERMIT AND INSPECTION FEE ALLOWANCE ................................................................... 22 31. BASIS OF AWARD; BALANCED BID ................................................................................... 22 32. AWARD PROCESS ............................................................................................................. 23 33. EXECUTION OF CONTRACT .............................................................................................. 23 34. BUSINESS LICENSE ........................................................................................................... 23 35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES ............................... 23 36. USE OF RECYCLED MATERIALS ......................................................................................... 23 37. STATUTORY REFERENCES ................................................................................................ 23 00 41 00 BID FORM .................................................................................................................... 24 1. BID SCHEDULE ................................................................................................................ 25 2. TOTAL BID PRICE ............................................................................................................ 25 3. RECITALS ........................................................................................................................ 26 00 43 10 BID BOND FORM ......................................................................................................... 32 00 43 20 BID SECURITY ............................................................................................................... 34 00 43 30 PROPOSED SUBCONTRACTORS FORM ........................................................................ 35 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ....................................................... 37 1. INFORMATION ABOUT BIDDER ...................................................................................... 37 2. LIST OF CURRENT PROJECTS (BACKLOG) ....................................................................... 37 3. VERIFICATION AND EXECUTION ..................................................................................... 43 00 45 10 NON-COLLUSION AFFIDAVIT ....................................................................................... 44 00 45 15 IRAN CONTRACTING ACT CERTIFICATION ................................................................... 45 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................. 46 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 3 Date Printed: January 14, 2025 Current Update: May 2023 00 45 25 CERTIFICATE OF INSURANCE ....................................................................................... 47 00 45 30 STATEMENT REGARDING DEBARMENT ...................................................................... 48 00 45 35 DISCLOSURE OF DISCIPLINE RECORD .......................................................................... 49 00 52 00 CONTRACT ................................................................................................................... 51 00 6110 LABOR AND MATERIALS BOND ................................................................................... 55 00 6120 FAITH FUL PERFORMANCE AND WARRANTY BOND .................................................... 58 00 6130 OPTIONAL ESCROW AGREEMENT ............................................................................... 62 SPECIAL PROVISIONS .................................................................................................................. 65 PART 1 GENERAL PROVISIONS ................................................................................................... 65 PART 2 CONSTRUCTION MATERIALS ....................................................................................... 172 SECTION 200 -ROCK MATERIALS ............................................................................................. 172 SECTION 201 -CONCRETE, MORTAR AND RELATED MATERIALS ........................................... 173 SECTION 203 -BITUMINOUS MATERIALS ............................................................................... 174 SECTION 206 -MISCELLANEOUS METAL ITEMS ...................................................................... 179 SECTION 207 -GRAVITY PIP E .................................................................................................. 185 SECTION 211-MATERIAL TESTS ............................................................................................. 185 SECTION 216 -PRECAST REINFORCED CONCRETE BOX .......................................................... 187 SECTION 217 -BEDDING AND BACKFILL MATERIALS .............................................................. 187 PART 3 CONSTRUCTION METHODS ......................................................................................... 188 SECTION 300 -EARTHWORK ................................................................................................... 188 300-12 STORM WATER POLLUTION PREVENTION PLAN .................................................... 190 SECTION 301 -SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE MATERIALS ............................................................................................................................... 191 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 4 Date Printed: January 14, 2025 Current Update: May 2023 301-1 SUBGRADE PREPARATION ......................................................................................... 191 SECTION 302 -ROADWAY SURFACING .................................................................................... 191 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION ..................................................... 193 SECTION 306 -OPEN TRENCH CONDUIT CONSTRUCTION ...................................................... 197 SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS .................................................................................................................................. 197 PART 4 EXISTING IMPROVEMENTS .......................................................................................... 200 SECTION 400 -PROTECTION AND RESTORATION ................................................................... 200 SECTION 401 -REMOVAL ........................................................................................................ 200 SECTION 402 -UTILITIES .......................................................................................................... 201 SECTION 403 -MANHOLE ADJUSTMENT AND RECONSTRUCTION .......................................... 203 SECTION 404 -COLD MILLING ................................................................................................. 205 PART 6 TEMPORARY TRAFFIC CONTROL. ................................................................................. 206 SECTION 601 -TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES ........................................................................................................................... 206 PART 8 LANDSCAPING AND IRRIGATION ................................................................................. 207 SECTION 800 -MATERIALS ...................................................................................................... 207 SECTION 801 -INSTALLATION ................................................................................................. 216 SECTION 803 -BONDED FIBER MATRIX STABILIZATION ......................................................... 232 SECTION 2 ................................................................................................................................ 236 0111 00 SUMMARY OF WORK ................................................................................................ 236 PART 1 GENERAL. ................................................................................................................. 236 011120 MEASUREMENT AND PAYMENT ............................................................................... 237 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page s Date Printed: January 14, 2025 Current Update: May 2023 PART 1 GENERAL .................................................................................................................. 237 PART 2 PRODUCTS (NOT USED) ........................................................................................... 243 PART 3 EXECUTION (NOT USED) .......................................................................................... 243 PART 1 CONSTRUCTION MANAGEMENT SOFTWARE .......................................................... 244 0132 00 SUBMITTALSPART 1 GENERAL .............................................................................. 245 PART 2 PRODUCTS (NOT USED) ........................................................................................... 251 PART 3 EXECUTION (NOT USED) .......................................................................................... 251 0133 00 CONSTRUCTION PROGRESS SCHEDULE .................................................................... 252 PART 1 GENERAL. ....................................................................... 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PART 2 EXECUTION .............................................................................................................. 252 014126 PERMIT REQUIREMENTS ........................................................................................... 258 PART 1 GENERAL. ................................................................................................................. 258 PART 2 PRODUCTS (NOT USED) ........................................................................................... 261 PART 3 EXECUTION (NOT USED) .......................................................................................... 261 0150 00 TEMPORARY FACILITIES AND CONTROLSPART 1 GENERAL. ................................. 262 PART 2 PRODUCTS (NOT USED) ........................................................................................... 267 PART 3 EXECUTION (NOT USED) .......................................................................................... 267 ATTACHMENTS A -Channel Detail Exhibit/Repair Plan B -City of Carlsbad Stormwater Compliance SWPPP C -Staging & Access Exhibit D -Regional General Permit (RGP) No. RGP 63 SPL-2024-00725 E -RWQCB NOi -R9-2024-0187 F -Right of Entry Permit -4866 Kelly Drive G -CARB Fleet Compliance Certification 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 6 Date Printed: January 14, 2025 Current Update: May 2023 SECTION 1 00 1110 NOTICE INVITING BIDS 1. RECEIPT OF BIDS. The City of Carlsbad/ Carlsbad Municipal Water District ("Agency"} will accept Bids via electronic format via the City of Carlsbad Electronic Bidding Site up to and no later than January 28, 2025 at 11 a.m. through the online bidding portal (Contracting & Purchasing I Carlsbad, CA (carlsbadca.gov)) for the construction of the Work entitled: KELLY DRIVE CHANNEL EMERGENCY REPAIR PWS25 -3661 TRAN Project No. 6606 2. DESCRIPTION OF WORK. The Work includes the provision of all equipment, labor, materials, tools, services, transportation, permits, utilities, and all other items necessary to complete the construction of the following, as specified and shown in the Construction Documents: removal and disposal of existing concrete embankment failure and construction of new concrete embankment to replace the failed section. Portions of the existing channel lining failure will remain in place as a part of the proposed repair plan. A reference document of a single detail drawing is attached as Appendix A to these General Provisions. This exhibit provides the required repair details to address the current channel concrete lining failure. The Work Site is located immediately adjacent to the east of 4866 Kelly Drive in the City of Carlsbad, in the County of San Diego, California. 3. COMPLETION OF WORK. The Contract Time is established as twenty (20} working days. The Contract Time shall begin on the date of receipt of the Notice to Proceed. It is expected that the work shall begin in March 2025. The Engineers' estimate for this Project is one hundred and twenty thousand dollars, $120,000. 4. OPENING AND AWARD OF BIDS. Agency shall consider awarding the Contract for the Project to the lowest, responsive, responsible Bidder as determined by the Agency from the base Bid alone. The Agency has the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the Bidding process. 5. PERIOD FOR AWARD. A period of fourteen (14) Calendar Days from the time of Bid opening may be required to award the Contract. No Bidder may withdraw its Bid or Bid Guarantee during this period. Bidders shall 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 7 Date Printed: January 14, 2025 Current Update: May 2023 assume full responsibility for their Bid Price during this period and shall make certain that such delay does not restrict the Bid Guarantee. 6. BIDDER QUALIFICATIONS. Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of A-General Engineering or C-12 -Earthwork & Paving, as of the date of submittal of the Bid Documents and shall maintain such license until final acceptance of the Work. Additional qualifications are included in the Contract Documents. Bidders are advised of the minimal qualifications, certifications, and years of experience requirements for specific items of work specified in the technical specifications. 7. MANDATORY PRE-BID CONFERENCE. The Agency will conduct a mandatory pre-Bid Conference on January 20, 2025 at 10 a.m. Prospective bidders shall meet at the project location at the back of 4866 Kelly Drive, Carlsbad, CA 92008. 8. OBTAINING CONTRACT DOCUMENTS. Bidders may obtain a copy of the Contract Documents from Agency's website (Contracting & Purchasing I Carlsbad, CA (carlsbadca.gov)). To the extent required by Public Contract Code Section 20103.7, upon request from a contractor plan room service, the Agency shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted on the on line bidding portal. It is the responsibility of each prospective Bidder to check the on line bidding portal on a daily basis through the close of the bidding period for any applicable Addenda. The Agency does not assume any liability or responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on the online bidding portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the online bidding portal. No time extensions or other consideration will be given for non-receipt or other circumstance associated with the review or acquisition of Contract Documents. Bids must be submitted on the Agency's Bid Forms in the Contract Documents. 9. BID GUARANTEE AND BONDS. Each Bid shall be accompanied by cash, a certified or cashier's check or Bid Bond secured from a surety company satisfactory to the Agency, the amount of which shall not be less than 10% of the submitted Total Bid Price, made payable to the Agency as bid security. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within these 10 Working Days. No interest will be paid on funds deposited with the Agency. 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page s Date Printed: January 14, 2025 Current Update: May 2023 All Bidders must upload Bidder's Bond to the on line bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening. The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth in the Contract Documents, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities for funds withheld by Agency to ensure its performance under the Contract. 10. CALIFORNIA AIR RESOURCES BOARD ADVANCED CLEAN FLEETS REGULATIONS. 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 see Attachment E and visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our- work/progra ms/advanced-clean-fleets. 11. PREVAILING WAGE RATES AND LABOR COMPLIANCE. This Project is subject to prevailing wages and labor compliance per the Labor Code. To this end, Bidder shall sign and submit with its Bid the California Department of Industrial Relations (DIR} Public Works Contractor Registration Certification on the form 00 45 00 provided. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors form. In bidding this Project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Bid. A copy of the prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. 12. PROJECT ADMINISTRATION/QUESTIONS. Requests for Information (RFI} or interpretations of Bid Documents during the bid period shall be submitted via Online Q&A in the online bidding portal. The cutoff date and time to submit questions or substitution request regarding this Project via Online Q&A in the online bidding portal is January 21, 2025, at 5 p.m. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provide to those bidding on the Project no later than January 23, 2025. For further information, see the online bidding portal. END OF SECTION 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 9 Date Printed: January 14, 2025 Current Update: May 2023 00 2110 INSTRUCTIONS TO BIDDERS 1. SECURING CONTRACT DOCUMENTS. Bids must be submitted to the Agency on the Bid Forms which are a part of the Contract Documents for the Project. The Contract Documents may be obtained from the Agency's online bidding portal (Contracting & Purchasing I Carlsbad, CA (carlsbadca.gov)). Prospective bidders are encouraged to communicate with the Agency well in advance of the date and time bids are due to the Agency ("Bid Submission Deadline") to determine the availability of Contract Documents. The Agency may also make the Contract Documents available for review at one or more plan rooms. Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a Bid for the Project. Addenda will be posted on the online bidding portal. Failure to acknowledge all Addenda may make a Bid non responsive and ineligible for award of the Contract. Bidders are advised to verify the issuance of all Addenda and receipt of them 1 Working Day prior to bidding. Failure to acknowledge all Addenda may make a Bid non responsive and ineligible for award of the Contract. 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. At its own expense and before submitting its Bid, each Bidder is provided the opportunity to visit the Site of the proposed Work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the Work, including but not limited to, difficulties and restrictions attending the execution of the Work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract Documents, and all other referenced documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the Work, including local tax structure, contractors' licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors. Each Bidder shall also familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the Work, including the cost of permits and licenses required for the Work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the Site or where Work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the Site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under California law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Section. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 10 Date Printed: January 14, 2025 Cu rrent Update: May 2023 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other parts of the Contract Documents, or discrepancies in or omissions from the Drawings and Specifications, may promptly submit a written request for information, interpretation, clarification, or correction ("RFI") to the Bid Administrator, the Agencies designated representative for soliciting and conducting bids on the Agencies on line ebidding portal. (defined below). The Agency may not respond to RFls submitted past the Q&A Submission Deadline. The Bidder submitting the RFI is responsible for prompt del ivery to the Bid Administrator. Responses to RF ls will be made only by duly issued written Addenda. The Agency shall not provide verbal responses to RFls. Copies of written Addenda will be posted on the on line bidding portal for each prospective Bidder who has downloaded a set of Contract Documents. The Agency will not be responsible for any other explanation or interpretations of the Drawings, Specifications or other parts of the Contract Documents. If any Prospective Bidder becomes aware of any errors or omissions in any part of the Contract Documents, the Prospective Bidder must promptly notify the Agency of such error or omission. Before award of the Contract, no addition to, modification of, or interpretation of any provision in the Contract Documents will be given by any agent, employee or contractor of the Agency except as otherwise specified in these Instructions to Bidders. No bidder may rely on verbal directions given by any agent, employee or contractor of the Agency except as specified in these Instructions to Bidders. 4. QUESTIONS. Questions regarding this Project must be submitted through the online ebidding portal. Questions shall be definite and certain, and shall reference applicable drawing sheets, notes, details or specification sections. The deadline to submit questions is identified in the Notice Inviting Bids. Questions received after the deadline may not be answered. Responses to questions submitted during the bidding period will be published in an Addendum and provided to those bidding on the Project no later than the date specified in the Notice Inviting Bids. Except for the Agency's Bid Administrator, no other members of the Agency's staff or Board should be contacted about this procurement during the bidding process. All inquiries and comments from Prospective Bidders regarding a proposed Bid must be communicated in writing, unless otherwise instructed by the Agency. The Agency may, in its sole discretion, disqualify any Prospective Bidder who engages in any prohibited communications. 5. PRE-BID CONFERENCE. The Notice Inviting Bids shall state whether a Pre-Bid Conference will be held and, if so, whether attendance is mandatory. Bids wi ll not be accepted from any bidder who did not attend a Mandatory Pre-Bid Conference. The Conference will commence at the specified start time and the Site visit will begin at the conclusion of the Conference. Prospective Bidders who arrive late 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 11 Date Printed: January 14, 2025 Current Update: May 2023 and who do not sign the "Sign-In" or attendance sheet, may be disqualified from the bidding process. Representatives of the Agency and its consultants, if any, will be present to the extent possible. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference. A Pre-Bid Conference may include a Project Site visit. Personal Protective Equipment (PPE) is required of all Job Walk attendees. Attendees are required to wear closed toe shoes, long pants, no sleeveless shirts, safety glasses (may be prescription with side shields if in process areas), safety vests and hard hats. Only those possessing such attire will be allowed on the Job Site. The Agency will not provide personal protective equipment to Job Walk attendees. 6. ADDENDA. The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions, if any, shall be made by written Addenda. All Addenda will be posted on the on line bidding portal. All Addenda issued by the Agency shall be acknowledged by the Bidder on the online bidding portal and made part of the Contract Documents. The Bidder shall acknowledge the Addenda before submitting its Bid. Bidders are responsible for the receipt of all Addenda. The Agency may reject a Bid if the Bidder fails to acknowledge all Addenda. Pursuant to Public Contract Code Section 4104.5, if the Agency issues an Addendum which includes material changes to the Project less than 72 hours before the Bid Submission Deadline, the Agency will extend the Bid Submission Deadline by no less than 72 hours. The Agency may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid Submission Deadline. 7. ALTERNATE BIDS. If alternate Bid items are called for in the Notice Inviting Bids and the Contract Documents, the time required for completion of the Work for the alternate Bid items is factored into the Contract duration and no additional Contract time will be awarded. The Agency may elect to include one or more of the alternate Bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder. If the Agency utilizes alternate Bid items as described above, the Notice Inviting Bids will prescribe predetermined criteria for the Bid package selection or a selection process in which price information and Bidder identities are not revealed to the Agency before the Bid Submission Deadline. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 12 Date Printed: January 14, 2025 Current Update: May 2a°23 8. COMPLETION OF BID FORMS. Bids shall only be prepared using the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than legible and correct photocopies of those provided by the Agency are prohibited. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required. Deviations from these instructions may result in the Bid being deemed non-responsive. The following documents must be completed and properly executed including notarization, where indicated, and submitted as a part of the complete Bid Package: 1. Bid Form (00 41 00) 2. Bid Bond (00 43 10) or Bid Security (00 43 20) with check/cash 3. Proposed Subcontractors Form (00 43 30) 4. Bidder Information and Experience Form (00 43 40) 5. Non-Collusion Affidavit (00 45 10) 6. Iran Contracting Act Certification (00 45 15) 7. Public Works Contractor Registration Certification (00 45 20) 8. Certificate of Insurance (00 45 25) 9. Statement Regarding Debarment (00 45 30) 10. Disclosure of Discipline Record (00 45 35) 11. CARB Fleet Compliance Certification (Attachment G) 12. Acknowledgement of ALL Addenda on the on line bidding portal. 13. Optional Escrow Agreement, as applicable (00 61 30) All Bids shall be computed on the basis of the given estimated quantities of work, as indicated in the Bid, multiplied by the unit price as submitted by the Bidder. When paper copies are submitted, all prices must be written in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 9. GOVERNING GENERAL PROVISIONS. The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take precedence over the specification language contained in the Standard Specifications for Public Works Construction, "the Greenbook" latest edition and all errata. The Supplemental General Provisions address the unique conditions in the City of Carlsbad that are not addressed in the Greenbook. Therefore, if there is a conflict between the two, the Supplemental Provisions shall control over the Greenbook. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 13 Date Printed: January 14, 2025 Current Update: May 2023 The Greenbook may be purchased at Bidder's/Contractor's local technical bookstore, online or directly from the publisher. The Supplemental Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies. 10. MODIFICATIONS OF BIDS. Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions, or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered. 11. BID GUARANTEE . Each Bid shall be accompanied by: (a) a cashier's check; or, (b) a certified check made payable to Agency; or, (c) a Bid Bond secured from a surety company satisfactory to the Board, the amount of which shall not be less than 10% of the total bid price, made payable to Agency as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful Bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security may be declared forfeited if the successful Bidder fails to enter into a contract and provide the necessary bonds and certificates of insurance. Any Bid received that does not comply with these Bid Guarantee instructions may be rejected as non-responsive, and Agency may enter into a contract with the next lowest, responsive, responsible Bidder, or may call for new Bids. No interest shall be paid on funds deposited with the Agency. Copies of Bid Bonds submitted to the Agency shall have the same force and effect as the original. The Bidder's security of the second and third next lowest responsive Bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful Bidders shall be returned to them, or deemed void, within 10 Working Days after the Contract is awarded. The proceeds of the Bidder's security may also become property of the Agency if the Bidder withdraws its Bid within 15 Calendar Days after the Bid opening date, unless otherwise required by la'w, including Public Contract Code Section 5100 et. seq., and notwithstanding the award of the Contract to another Bidder. The Bidder shall submit Bid Bond (00 43 10) or Bid Security (00 43 20) with properly certified check with the Bid Package. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 14 Date Printed: January 14, 2025 Current Update: May 2023 12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS. The successful Bidder shall furnish Agency with a Labor and Material Payment Bond and a Performance and Warranty Bond, each in an amount equal to 100% of the Contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120 and is admitted by the State of California, and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The Agency shall not accept personal sureties and unregistered surety companies. Each bond shall be accompanied, upon the request of Agency, with all documents required by Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Agency within 10 Working Days from the date the Agency provides the successful Bidder with the Notice of Award. These bonds shall be kept in full force and effect during the course of this Project and shall extend in full force and effect and be retained by the Agency until they are released as stated in the Contract. The Bonds are to be accompanied by an original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 13. SUBSTITUTION OF SECURITY. The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The Agency will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Agency will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. 14. OPTIONAL ESCROW FOR SECURITY DEPOSIT. Pursuant to applicable provisions of law (i.e., Public Contract Code Section 10263), appropriate securities may be substituted for any obligation required by these instructions or for any monies withheld by the Agency to ensure performance under the Contract. Public Contract Code Section 10263 requires monies or securities to be deposited with the Agency or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. 15. INSURANCE REQUIREMENTS. Before commencing the Work, the successful Bidder shall purchase and maintain insurance as set forth in the Agency General Conditions. If the Bid is accepted, and if requested by the Agency, Contractor shall provide Agency or preferred vendor copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Insurance Code Section 900 et seq. within 10 Calendar Days of the insurer's receipt of a request to submit the statements. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 15 Date Printed: January 14, 2025 Current Update: May 2023 In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Agency the following certificate before performing the Work under the Contract: I am aware of the provisions of Labor Code Section 3700, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract. The form of such, Certificate of Insurance (00 45 25), shall be submitted as a part of the Bid Package. Insurance must be placed with insurers that: 1. Have a rating in the most recent Best's Key Rating Guide of at least A-:VII, or 2. Appear on the List of Approved Surplus Line Insurers, ("LASLI"} with a Best's Key Rating Guide of at least A: X. 3. Are admitted to conduct the business of insurance in the State of California by the Insurance Commissioner. 4. Otherwise comply with all other aspects of City Council Policy No. 70. Auto policies offered to meet the specification of this Contract must: 1. Meet the conditions stated above for all insurance companies. 2. 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 . Workers' compensation insurance required under this Contract must be offered by a company meeting the above standards with the exception that the Best's rating condition may be waived. The Agency does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of the insurance shall be included in the Bid price. The award of the Contract by the Board is contingent upon the Contractor submitting the required bonds and insurance, as described in the Contract Documents, within 10 Working Days of bid opening. If the Contractor fails to comply with these requirements, the Agency may award the Contract to the second or third lowest Bidder and the bid security of the lowest Bidder may be forfeited. 16. LICENSING REQUIREMENTS. Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 16 Date Printed: January 14, 2025 Current Update: May 2023 Professions Code Section 7028.5, the Agency shall consider any Bid submitted by a contractor not currently licensed in accordance with California law and pursuant to the requirements found in the Contract Documents to be non responsive, and the Agency shall reject the Bid. The Agency shall have the right to request, and Bidders shall provide within 10 Calendar Days, evidence satisfactory to the Agency of all valid license(s) currently held by that Bidder and each of the Bidder's Subcontractors, before awarding the Contract. Notwithstanding anything contained in this Contract, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code Section 20103.5. 17. SUBCONTRACTORS. Bidder shall set forth the name, address of the place of business, and contractor license number of each Subcontractor who will perform work, labor, furnish materials or render services to the bidder on the Contract. This requirement includes each Subcontractor licensed by the State of California who, under subcontract to Bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one-half of one percent (0.5%) of the total Bid price. Additionally, the Bidder shall indicate the portion of the Work to be done by each Subcontractor in accordance with Public Contract Code Section 4104. Bidder shall submit Proposed Subcontractors Form (00 43 30) with the Bid Package. This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the Bid as non-responsive. Any Bid that proposes performance of more than 50 percent of the Work by Subcontractors or performance by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated on the Proposed Subcontractors Form (00 43 30) "Contractor's Bid" will not be included in computing the percentage of work proposed to be performed by the Bidder. Suppliers of materials from sources outside the limits of Work are not Subcontractors. The value of materials and transport of materials from sources outside the limits of Work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor, as the case may be, that the Bidder proposes as installer of the materials. The value of material incorporated in any Subcontractor-installed Bid item that is supplied by the Bidder shall be included as a part of the Work that the Bidder proposes to be performed by the Subcontractor installing the item. When the Bidder proposes to use a Subcontractor to construct or install less than 100 percent of a Bid item, the Bidder shall attach an explanation sheet to the Proposed Subcontractor Form (00 43 30). The explanation sheet shall clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the Work with its own forces. 00 2110 INSTRUCTIONS TO BIODERS Document Version: 1.0 Page 17 Date Printed: January 14, 2025 Current Update: May 2023 Determination of the subcontract amounts for purposes of award of the Contract shall be determined by the Board in conformance with the provisions of the Contract Documents. The decision of the Board shall be final. Contractor is prohibited from performing any Work on this Project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Section 1771.1 or 1777.7. Bidders shall make copies of the disclosure forms as may be necessary to provide the required information to Subcontractors. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 18. BIDDER INFORMATION AND EXPERIENCE FORM. Each Bidder shall complete the provided questionnaire and shall submit the questionnaire along with its Bid. Failu re to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non-responsive. The Agency may reject any Bid if an investigation of the information submitted does not satisfy the Agency that the Bidder is qualified to properly carry out the terms of the Contract. The Bidder shall submit Bidder Information and Experience Form (00 43 40) with the Bid Package. 19. NON-COLLUSION AFFIDAVIT. Bidders on all public works contracts are required to submit an affidavit of non-collusion with their Bid. This form (00 45 10 Non-Collusion Affidavit) is included with the Bid Package and must be signed and dated under penalty of perjury. 20. IRAN CONTRACTING ACT OF 2010. In accordance with Public Contract Code Section 2200 et seq., the Agency requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the Agency with respect to goods or services of $1,000,000 or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with the Bid Package and must be signed and dated under penalty of perjury. 21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. Pursuant to Labor Code Section 1773, the Agency has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Diego County from the Director of the Department of Industrial Relations for each craft, classification, or type 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 18 Date Printed: January 14, 2025 Current Update: May 2023 of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained via the internet at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages is available at the Agency and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any Subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded the Contract, the Bidder and its Subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under the Contract and applicable law in its Bid . To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained in the registration certificate. Failure to submit this certificate may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors Form (00 43 30}. 22. PREVAILING WAGES. Pursuant to Labor Code Sections 1720, et. seq. and 1770, et. seq., Contractor shall pay prevailing wages for all Work performed under the Contract. The Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which the Work will be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Agency or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. Any contract on a public 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 19 Date Printed: January 14, 2025 Current Update: M'ay 2023 works project executed between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor who has been allowed to work on the Project. The Agency may disqualify a Contractor or Subcontractor from participating in bidding when a Contractor or Subcontractor has been debarred by the Agency or another jurisdiction in the State of California as an irresponsible bidder. 24. SIGNING OF BIDS. All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations that the Bidder assumes under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 25. SUBMISSION OF SEALED BIDS. Once the Bid and supporting documents have been completed and signed as set forth in these Instructions to Bidders, they shall be uploaded, along with other required materials, to the on line bidding portal before the deadline for submitting bids. At the time of Bid submission, whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic Portable Document Format (PDF) copy of the Bid Guarantee to the on line bidding portal. The first 3 apparent low Bidders must provide the Agency with the original Bid Guarantee within 2 Business Days after the Bid opening date. Failure to submit the electronic version of the Bid Guarantee at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Failure to provide the original within 2 business days may deem the bidder non-responsive. Original Bid Bond shall be submitted to: 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 20 Date Printed: January 14, 2025 Current Update: May 2023 Public Works Contract Administration Attention: Graham Jordan, Contract Administrator 1635 Faraday Avenue Carlsbad, California, 92008 No oral or telephonic Bids will be considered. Pursuant to Public Contract Code Sections 1600 and 1601, only where expressly permitted in these Instructions to Bidders and the Notice Inviting Bids may Bidders submit their Bids via electronic transmission (the online bidding portal). Bids received after the Bid Submission Deadline will not be accepted. Agency may reject any Bid not strictly complying with Agency's designated methods for delivery. 26. OPENING OF BIDS. Bids submitted on the online bidding portal will be reviewed by the Agency. Once the Bid Submission Deadline has passed, Bidders, proposers, the general public, and Agency staff are able to immediately see the results online. Agency shall consider award of the Contract to the lowest, responsive, responsible Bidder as determined by the Agency consistent with Section 32 below. In case of a discrepancy between the line item entries submitted in the online bidding portal and the Bid Form, the on line bidding portal shall prevail. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100} on the Bid Form. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the "Total Proposed Lump Sum Price" line item. The Agency may reject any or all Bids or waive any irregularities or informalities in any Bids or in the Bidding process. The Bid and the terms of the Contract Documents constitute an irrevocable offer that shall remain valid and in full force for a period of 90 Calendar Days from the Bid Submission Deadline and such additional time as may be mutually agreed upon by the Agency and the Bidder. 27. WITHDRAWAL OF BID. Any Bid may be withdrawn via written letter, incurring no penalty, at any time before the scheduled closing time for receipt of Bids. Requests to withdraw Bids shall be worded to not reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the Bid Submission Deadline, provided that resubmitted Bids are in conformance with these Instructions to Bidders. Bids may be withdrawn after bid opening only by providing written notice to Agency within five (5) Working Days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the Agency. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 21 Date Printed: January 14, 2025 Current Update: May 2023 28. BIDDERS INTERESTED IN MORE THAN ONE BID. No Bidder shall be allowed to make, file or be interested in more than 1 Bid for the same work unless alternate Bids are specifically called for. If the Notice Inviting Bids provides for alternate Bids, a person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not disqualified from submitting a sub -proposal or quoting prices to other Bidders. No person, firm, corporation, or other entity may submit a sub- proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project. 29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES. Contractor and its Subcontractors performing work under the Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. 30. PERMIT AND INSPECTION FEE ALLOWANCE. Notwithstanding anything contained in these Instructions to Bidders, the Bid Form contains an allowance for the Contractor's cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency. The allowance is included within the Bid Form to eliminate the need by Bidders to research or estimate the costs of traffic control permits and construction inspection fees before submitting a Bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the Agency. No other costs payable by Contractor to the Agency are included within the allowance. If such cost is not contained or specified in the Bid Form, the Contractor shall include the costs in the other Bid items on the Bid Form. 31. BASIS OF AWARD; BALANCED BID. The Agency shall award the Contract to the lowest responsible Bidder submitting a responsive Bid . The lowest Bid will be determined on the basis of the total Bid price. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the "Total Proposed Lump Sum Price" line item. The Agency may reject any Bid which, in its opinion when compared to other Bids received or to the Agency's internal estimates, does not accurately reflect the cost to perform the Work. The Agency may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to 1 or more particular Bid items or otherwise violates Public Contract Code Section 9203. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 22 Date Printed: January 14, 2025 Current Update: May 2023 32. AWARD PROCESS. Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Board may award the Contract. Once notified by Agency staff, the apparent successful Bidder should begin to prepare the following documents: (1) the Labor and Materials Bond; (2) the Performance and Warranty Bond; and (3} the required insurance certificates and endorsements. Once the Agency notifies the Bidder of the award, the Bidder will have 10 Working Days from the date of this notification to execute the Contract and supply the Agency with all of the required documents and certifications or the Bidder may forfeit the Bid security and the Agency may pursue award of the Contract to the next lowest, responsive, responsible Bidder. Once the Agency receives all properly drafted and executed documents and certifications from the Bidder, the Agency shall issue a Notice to Proceed to that Bidder. 33. EXECUTION OF CONTRACT. As required in these Instructions to Bidders, the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Agency may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached. 34. BUSINESS LICENSE. The prime Contractor and all Subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the Contract. 35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. The Agency encourages the participation of minority and women-owned businesses. 36. USE OF RECYCLED MATERIALS. The Agency encourages Bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Agency's Engineer. 37. STATUTORY REFERENCES. All references in these Instructions to Bidders (00 2110} to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented or replaced from time to time by the corresponding legislative or regulatory body. END OF SECTION 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 23 Date Printed: January 14, 2025 Current Update: May 2023 00 41 00 BID FORM NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction AGENCY: City of Carlsba d 1635 Faraday Ave Ca rlsbad, CA 92008 The undersigned declares that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all Plans, Specifications, and Addenda, if any, for the above-mentioned Project. The undersigned has acknowledged receipt, understanding, and full con sideration of ANY and ALL Addenda to the Contract Documents via the on line bidding portal. We propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE. !Sir' Attached is the required Bid Bond (00 43 10) or Bid Security {00 43 20) in the amount of not less than 10% of the Total Bid Price. g Attached is the completed Proposed Subcontractors form (00 43 30). g Attached is the completed Bidder Information and Experience form (00 45 40) g Attached is the fully executed Non-collusion Affidavit {00 45 10). g Attached is the completed Iran Contracting Act Certification form (00 45 15). Q' Attached is the completed Public Works Contractor Registration Certification form (00 45 20). g Attached is the completed Certificate of Insurance form {00 45 25). g Attached is the Statement of Regarding Debarment form (00 45 30) ~ Attached is the Disclosure of Discipline Record (00 45 35) r:f Attached is the CARB Fleet Compliance Certification (Attachment G) D Attached is the Optional Escrow Agreement (if applicable) (00 61 30) Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 4 Item No. 1 2 3 4 5 6 7 1. BID SCHEDULE Item Description Unit of Quantity Unit Price Total Measure Mobilization & Demobilization (not to LS 1 8,000.00 8,000.00 exceed 10% of Total Bid) Public Notification of Work LS 1 10,000.00 10,000.00 City of Carlsbad Storm Water Compliance 10,000.00 SWPPP Preparation, Implementation and 10,000.00 Maintenance LS 1 25,000.00 25,000.00 Dewatering LS 1 Temporary Channel Diversion, 7,000.00 7,000.00 Maintenance & Removal LS 1 200.00 10,000.00 Embankment Wall Demolition/Removal LF so Construct Concrete Channel 300.00 27,000.00 Embankment Lining & Footing/Wall CY 90 The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the Agency makes no representation that the actual quantities of Work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of Work performed based upon the Unit Price. 2. TOTAL BID PRICE The TOTAL BID PRICE on Bid Schedule total of Unit Prices: Total Bid Price in Numbers: $97,000.00 ~~--------------------- Total Bid Price in Written Form: Ninety seven thousand dollars In case of discrepancy between the written price, the numerical price, or the price as submitted via the online bidding portal, the online bidding portal price shall prevail. Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 5 The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for ten (10) Calendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is later. The Undersigned has carefully checked all the above figures and understands that the Agency will not be responsible for any error or omission on the part of the Undersigned in preparing this Bid . 3. RECITALS The successful Bidder agrees to sign the Contract and furnish the necessary bonds and certificates of insurance within 10 Working Days after the Agency issues the Notice of Award to the successful Bidder. The Undersigned agrees that in case of failure to execute the required Contract with necessary bonds and insurance policies within this time period, the Agency may pursue awarding the Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be forfeited. Upon receipt of the signed Contract and other required documents, the Agency will proceed to execute the Contract and issue a purchase order and the Notice to Proceed . The time of completion shall commence on the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within 10 Working Days of the date of the Notice to Proceed, unless otherwise specified. The Undersigned is aware of the provisions of Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the Work of this Contract and continue to comply until the Contract is complete. The Undersigned is aware of the provisions of Labor Code Section 1770 et seq. relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. The Undersigned Bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California and that this statement is true and correct and has the legal effect of an affidavit. The following are the Bidder's applicable license number(s), with their expiration date(s) and class of license(s): 712842; Exp: 9/30/2025; Class: A,B,C-8,C-61 Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 6 If the Bidder is a joint venture, each member of the joint venture must include the required licensing information. A Bid submitted to the Agency by a Contractor who is not licensed as a Contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the Agency. In all contracts where federal funds are involved, no Bid submitted shall be invalidated by the failure of the Bidder to be licensed in accordance with California law. However, at the time the Contract is awarded, the Contractor shall be properly licensed. The Undersigned Bidder represents as follows: 1. That no elected or appointed official, officer, agent, or employee of the Agency is personally interested, directly or indirectly, in this Contract, or the compensation to be paid under it; that no representation, oral or in writing, of the Agency, its officers, agents, or employees has induced Bidder to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part of this Contract by its terms; and 2. That this Bid is made without connection with any person, firm, or corporation making a Bid for the same Work, and is in all respects fair and without collusion or fraud. Accompanying this Bid is a Bidder's Bond {Cash, Certified Check, Bidder's Bond or Cashier's Check) for 10% of the amount Bid, payable to Agency as Bid Security and which is given as a guarantee that the undersigned will enter into a Contract and provide the necessary bonds and certificates of insurance if awarded the Contract. Organized under the laws of the State of _C_a_l_if_o_rn_i_a _____ _ □ an individual □ a partnership ~ a corporation {Signatures continue on next page) Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 7 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: I c t ify under penalty of perjury under the laws of the State of California that all of the infor tion submitted in connection with this Bid and all of the representations made in this Bid 1 which is 2 Signature (given an surname) of proprietor Printed/Typed Name 3 Place of Business (Full Address: street, number, city, state, zip) 4 Telephone Number 5 Email NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 IF A PARTNERSHIP, SIGN HERE: I c tify under penalty of perjury under the laws of the State of California that all of the infor ation submitted in connection with this Bid and all of the representations made in this Bid 1 2 which is surname and role) (Note: Signature must be made by a general partner) Printed/Typed Name 3 Place of Business (Full Address: street, number, city, state, zip) 4 Telephone Number 5 Email NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST B Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 9 IF A CORPORATION, SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business conducted is 2 Signature (given and surname and Title) (Note: Signature must be made by a someone who can bind the corporation) Printed/Typed Name 3 Place of Business (Full Address: street, number, city, state, zip) 4 Telephone Number 5 Email NMN Construction Ron Federico I President 2741 Walnut Ave Tustin, CA 92780 (714) 389-2104 ron.federico@nmnconstruction.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 10 list below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Ken Long Ron Federico CEO President Mike Long Mark Carnathan Vice President Treasurer Phil Carnathan Secretary \d""' -r--Approved as to form this -----4i-J-,_,_ ___ day of :r,eY2Cv\a.~ 20 25 END OF SECTION Contract No. 6606 -PWS25-3661 TRAN Addendum No. 1 Attorney for Agency 11 r ' 00 43 10 BID BOND FORM (Note: This form is not required when other form of Bidder's Security, e.g., cash, certified check or cashier's check, accompanies Bid . In that case, use form 00 43 20 Bid Security) NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID No.: PWS24-2364TRAN NAME OF BIDDER: __ N_M_N_C_o_n_s_t_ru_c_ti_o_n.a..., _ln_c_. ---------------- The makers of this bond are, NMN Construction, Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, and are held and firmly bound unto the City of Carlsbad ("Agency") in the penal sum of 10% OF THE TOTAL BID PRICE of the Principal submitted to the Agency for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated January 28, 2025 If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal provides all required documents to the Agency and is awarded the Contract; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety waives notice of any such changes. In the event a lawsuit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all litigation expenses incurred by the Agency in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses. Ill Ill Ill Ill Ill 00 43 10 BID BOND FORM Document Version: 1.0 Page 32 Date Printed: January 14, 2025 Current Update: May 2023 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 17th day of January 20 25 the name and corporate seal of each corporation. PRINCIPAL: NMN Construction, Inc. (Name of Princi pal) :!:if# Qc;v6-f..,, Nt~c;J (Print name here) C~d I NM/J C£I N "St{wc.:jJ \.) ;J (T!t le and Organization of Signatory) Required Attachments: Executed by SURETY this 17th day of January ,20Q_ SURETY: Fidelity and Deposit Company of Maryland (name of Surety) 1299 Zurich Way, Schaumburg, Illinois 60196-1056 (address of Surety) 800-987-3373 (telephone number of Surety) Edward N. Hackett, Attorney-in-Fact (printed name of Attorney-in -Fact) □ Corporate resolution showing current power of attorney. □ Proper execution by PRINCIPAL. □ Proper notarial acknowledgment of execution by SURETY. □ President or vice-president and CFO, secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation. END OF SECTION 00 43 10 BID BOND FORM Document Version: 1.0 Page 33 Date Printed: January 14, 2025 Current Update: May 2023 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT IOIOWl.(OGMf.l([/IC.IOIOWl.[l>GM<NTACl(HOWl.lor.MENT/riC.thOWl[()(iM[HTACio.owl(OGMENTot.Co:HOWI..EOGMffWICKM'.IWl.lOGMll'ITACKHOWU(X;M(HTACOIO'M..EClCoM{H"IK.;;HOWLfDGMiHlACKHOWUIX;MUITM:KHOWI.EOGMEHT,r,(ll;NOWUOGMl:i,,fACl:NO,tr1.{0GMiJITACKhOWlU:X.Mi:NTl<CKHOWLEDGME/ifAO'.NOWI.EOGMENTAaNOWl.tl'.XMt'iTAC~'40l'lllOGMllf"fM:JU,iDWL(IXiMfN'Ti A notary public or other officer completing this certificate verifies only the identity of ~ the individual who signed the document to which this certificate is attached, and not I_ the truthfulness, accuracy, or validity of that document. J State of California i County of On er) personally appeared _E~<A~w~~~-~N---~±t.._c...~c.._k~½ .......... ________________ _ who proved to me on the basis of satisfactory evidence to be the person~whose namefs} ishtte-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ner/theii::- authorized capacity(~, and that by his/~r(tbeir signatureW--,on the instrument the person('Sh-or the entity upon behalf of which the personW-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---'~""""'-=-=..:........,1L.M---U.od-.J ... d'.!"C"-'-.... -kc:,-=-------- CARLY P. MATLOCK O 1 COMM. ~2423661 z Notary Public . California ;;u Orange County ~ Comm. Expires Oct. 27, 2026 (Seal) ~ ! I ~ ~ I I I I f ~ I f I ~ I § ,, .i.."I.IW'..>OJWON,':JtllN3""lO]w.QHll:>'f'lNJIT'JOJ1MONll:JYlHIW?Olw.oHll::,VlH}W')On,,,,,o,,Dl'YIJ,1Jfj')()J1MQt,IO'f'J,JW!)(]JlMOHJl:JYlNJl'll'XJJ1,MON)l:JY.IJ,IJW')OJlMONll"YfL.Nltr.X!JlMOHll:JYlNJW?OJlMOHll)VJ.h:IJV'XlllMONlll'o'J.N3w.>OJlMOHll:WJHJW';)()JlMOHll"J't1HllT'JOJlMOHll)YlNJw.xll\MOh~")Vi.NJN90J\MOhlOYlNJW')QJW()H)l"J>ilH}W')(J)lM()N)IJVl.N}W')(JJlMOHll.,J,, Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of NM N Con.r±rn c-ha V\ \ n c.. • I containing--"'=--pages, and dated ___ J_A_N_1_7_2_0_2_5 __ _ The signer(s) capacity or authority is/are as: D lndividual(s) ~ Attorney-in-Fact D Corporate Officer(s) ___________________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D Other: _______________________ _ representing: -------,----,-,-...,.,,..----,-,------,--,......,.-,,-----,---------Name<sl of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ___________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) □ ---------------- C> Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number l 01772. Please contact your Authorized Reseller to purchase copies of this form ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Edward N. HACKETT, Christine M. MAESTAS oflrvine, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 16th day of August, A.O. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M. MAISON NOTARY PUBLIC BALTIMORE coumv, MD MyComm~SICln E,q,res JANUARY 27, 2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimi le on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at a meeting duly called and held on the I 0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ~ day of January 2025 . Thomas 0. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority No.08697 THIS IS TO CERTIFY, That, pursuant to rhe Insurance Code of the State of California, Fidelity and Deposit Company of Maryland of Maryland, organized under the laws of Maryland, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requiremems now are, or may hereafter be changed or amended. Fee N/A Rec. No. Filed IN WITNESS WHEREOF, effective as of the 20'h day of Ocrober, 2009, I have hereunto set my hand and caused my official seal to be affixed this ](fh day of October, 2009. By Certification Chuck Quackenbush Insurance Commissioner Susan J. Stapp for Jesse Huff Chief Deputy I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicare of original now on file in my office, and that the same is a fall, true, and correct transcript thereof and of the whole of said duplicate, and said Certificate of Authority is now in fall force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affrxed this l 61h day of June, 2015. By Dave Jones insurance Commissioner .,,-. ii& ,< ' Ci • Ol-a.--~a .lvfu ar CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Oca .,,,..,;,t .e ) On...t,..,~"'o/ a "., .;:,_,_:, s:: before me, 6,.,,.. C:::.,,.,.,,,4/ No /4LF /;,,.,; kc Date /] Here Insert Name and Title of the Officer personally appeared ~ ~ £: .I"//· X,24 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name'8) is/are subscribed to the within instrument and acknowledged to me that he/ske/tlley executed the same in his/~/tl:!eir authorized capacity(ies), and that by his/~r/~ir signature~ on the instrument the person(.8)', or the entity upon behalf of which the person(8)' acted, executed the instrument. MIRIAM GRANADOS COMM . #2360239 z Notary Public • California ~ Orange County .. ~~v M Comm. Ex ires June 7, 2025 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~. ~ Signature ototaryPub/ic ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: /YM/Y C.,0 ....r4 L"--,,c &//7,_,,,..,/ r&-5,r?,Y-o?.3<e.Y7Af'~/V Document Date: .:;T,;,0 ,.h::>177< //j• z.a z s-Number of Pages: ~--2-~--- Signer(s) Other Than Named"Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 00 43 20 BID SECURITY (Note: This form is required when cash, certified check or cashier's check, accompanies Bid. If Bid Bond is being provided, use form 00 43 10 Bid Bond) NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID No.: PWS24-2364TRAN NAME OF BIDDER: _________________________ _ Accompanying this proposal is a Certified / Cashier's check payable to the order of the City of Carlsbad ("Agency"), in the sum of _____________________ _ dollars ($ _________ ), this amount being 10% of the total amount of the Bid. The proceeds of this check shall become the property of the Agency, provided this proposal shall be accepted by the Agency through action of its legally constituted contracting authorities and the Undersigned shall fail to execute a Contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the Undersigned. The proceeds of this check shall also become the property of the Agency if the Undersigned shall withdraw his or her Bid within the period of 15 Calendar Days after the date set for the opening of the Bid, unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder. Required Attachments: D Certified Check or Cashier's Check END OF SECTION 00 43 20 BID SECURITY Document Version: 1.0 Page 34 BIDDER Date Printed: January 14, 2025 Current Update: May 2023 00 43 30 PROPOSED SUBCONTRACTORS FORM NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number, and (d) the portion of the Work which will be done by each Subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work or improvement to be performed under this Contract in an amount in excess of one- half of one percent (0 .5%) of the Bidder's Total Bid Price. Notwithstanding the foregoing, if the Work involves the construction of streets and highways, then the Bidder shall list each Subcontractor who will perform work or labor or render service to the Bidder in or about the Work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Bidder fails to specify a Subcontractor or if a Contractor specifies more than one Subcontractor for the same portion of Work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of Work and that it shall perform that portion itself. No changes in the Subcontractor's listed Work will be made without the prior approval of the Agency. (Signature of Bidder) 00 43 30 PROPOSED SUBCONTRACTORS FORM Document Version: 1.0 Page 35 Date Printed: January 14, 2025 Current Update: May 2023 Name of Location of CSLB DIR Type of Work %of Amount of Subcontractor Business Contractor Registration to be done by Work Work by License Number/ Subcontractor Subcontractor No./ Exp Exp. Date in Dollars* Date ~t~f ; Pursuant to Public Contract Code Section 4104, subdivision (a)(3)(A), receipt of the information preceded by an asterisk(*) may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." END OF SECTION 00 43 30 PROPOSED SUBCONTRACTORS FORM Document Version: 1.0 Page 36 Date Printed: January 14, 2025 Current Update: May 2023 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction 1. INFORMATION ABOUT BIDDER (Indicate not applicable ("N/ A") where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture. 1. Type, if Entity: _S_-C_o_r....__ _______________________ _ 2. Bidder Address: 2741 Walnut Ave., Tustin, CA 92780 a. Facsimile Number ------------------------ b. Telephone Number (714) 389-2104 ~-~--------------------- c. Email Address ron.federico@nmnconstruction.com 3. How many years has Bidder's organization been in business as a contractor? _3_0 ___ _ 4. How many years has Bidder's organization been in business under its present name? 30 a. Under what other or former names has Bidder's organization operated? N/A 5. If Bidder's organization is a corporation, answer the following: a. Date of Incorporation: _3_/_3_1_/1_9_9_4 __________________ _ b. State of Incorporation: _C_a_li_fo_r_n_ia _________________ _ c. President's Name: _R_o_n_F_e_d_e_r_ic_o _________________ _ d. Vice-President's Name(s): Mike Long , Joey McMurray e. Secretary's Name: Phil Carnathan ------------------------ f. Treasurer's Name: _M_a_r_k_C_a_r_n_a_th_a_n ________________ _ 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 37 Date Printed: January 14, 2025 Current Update: May 2023 g. CFO's Name: _D_o_u_g_N_i_x_o_n ___________________ _ 6. If an individual or a partnership, answer the following: a. Date of Organization: _N_/_A _____________________ _ b. Name and address of all partners {state whether general or limited partnership): N/A 7. If other than a corporation or partnership, describe organization and name principals: N/A 8. List other states in which Bidder's organization is legally qualified to do business . Nevada, Arizona, Washington 9. What type of work does the Bidder normally perform with its own forces? Shotcrete, structural concrete 10. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: N 0 11. Within the last 5 years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: N 0 12. Li st Trade References: Supplier: Holliday Rock, 909-229-1101 , Jade Earlabaugh, jearlabaugh@hollidayrock.com Client: Security Paving, 818-362-9200, Mike Mattivi, mike@securitypaving.com 13. List Bank References {Bank and Branch Address): U.S. Bank, Newport Beach, CA 14. Name of Bonding Company and Name and Address of Agent: Zurich North American; Hackett Bonds & Insurance Services 9841 Irvine Center Dr., Ste. 160, Irvine, CA 92618 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 38 Date Printed: January 14, 2025 Current Update: May 2023 2. LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate or attach additional pages if needed for listing current projects.**] Project Name Description of Bidder's W ork Sub or Prime? Palermo Canal; Shotcrete channel lining for DWR Prime canal improvement project Rattlesnake Tank Site Improvements; Retrofit of water tank, shotcrete Prime slope and concrete walkway Cieneguitas Shotcrete channel lining for for Channel Repair; infrastructure repair project Subcontractor San Pedro HS Structural concrete, shotcrete for Concrete Repair; Structural retrofit projct Subcontractor Plaza Theater Structural concrete, frp, shotcrete Rehabilitation; installation for structural retrofit Subcontractor Lion Canyon Warped wing walls for channel Channel; repair project Subcontractor Operating Engineers Shotcrete installation for structural Training Facility; retrofit project Subcontractor 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 39 Client Name DWR Fallbrook Public Utility District RTS Construction Pinner Construction Woodcliff Corp Griffith Company Blackstar Contractors Completion Cost of Date Bidder's Work Feb.2025 $300,000 May 2025 $818,000 Jan.2025 $200,000 Mar. 2025 $3,000,000 June 2025 $2,000,000 Jan.2025 $100,000 Dec.2024 $1,000,000 Date Printed: January 14, 2025 Current Update: May 2023 LIST OF COMPLETED PROJECTS (LAST 3 YEARS} [**Duplicate or attach additional pages if needed for listing completed projects.**) Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work. Project Name Description of Bidder's Work Sub or Prime? 1-1 O Emergency Shotcrete installation for 1-10 Repair Freeway emergency repair Subcontractor 1 st Street Slope Shotcrete slope lining/repair for Repair the First St. Slope Stabilization Subcontractor project in Santa Ana Bakersfield Shotcrete slope paving for Connector multiple projects within the Bakersfield Centennial Corridor Subcontractor Truckee Canal Shotcrete canal lining for Truckee Canal Modernization Subcontractor infrastructure-upgrades Rte. 385 & 379 Shotcrete slope lining and channel lining fo r highway Subcontractor infrastructure upgrades 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 40 Client Name Security Paving Everlevel Corp Security Paving Security Paving Security Paving Completion Cost of Date Bidder's Work Dec. 2022 $3,000 ,000 Aug.2022 $2,000,000 Oct. 2022 $2 ,000,000 Dec.2023 $9,500,000 Feb.2022 $1,000,000 Date Printed: January 14, 2025 Current Update: May 2023 EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this Project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL key personnel. Bidder may submit a 2-page resume of each key personnel mentioned above. Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Agency. Job Title Specialized Name Education % time on this Project Tyler Foy BS in Civil Engineering, Project Manager San Diego State University 50% Professional Engineering License Jairo Infante MS in Civil Engineering, Project Manager Cal State University, Fullerton 50% OSHA 30 Jesse Chavez ACI Certified Personnel Superintendent 50% 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 41 Years of construction experience relevant to the Project 12+ years 1 0+ years 30+ years Summarize the experience Experienced PM specializing in structural concrete and shotcrete; Skilled in logistics, cost analysis, and quality control; diverse experience including high-rises, infrastruct, r upgrades and complex retrofits projects. Experienced Project Manager with skilled in scheduling, subcontractor management, budgeting, and stakeholder management: experienced in design-build and other complex project delivery methods. Experienced superintendent with expertise i shotcrete, retrofit, and public works project . Skilled in managing crews, coordinating subcontractors, and ensuring quality and safety on infrastructure projects. Date Printed: January 14, 2025 Current Update: May 2023 e Additional Bidder's Statements: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 42 Date Printed: January 14, 2025 Current Update: May 2023 3. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder: NMN Construction Signature:--~---~------==----........._ _________________ _ Name : __ R_o_n_F_e_d_e_r_ic_o _________________________ _ Title: President Date: January 27th, 2025 END OF SECTION 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 43 Date Printed: January 14, 2025 Current Update: May 2023 00 45 10 NON -COLLUSION AFFIDAVIT NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID NAME OF PROJECT: Kelly Drive Channel Emergency Repair NAME OF BIDDER: NMN Construction Consistent with Public Contract Code Section 7106, the undersigned declares: 1 am the President of NMN Construction the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. Al l statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown of it, or the contents of it, or divulged information or data relative to it, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent of these, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed January 28th 20~ at Tustin ~], _CA [state]. Signature ~ -=- Name Ron Federico Title President END OF SECTION 00 45 10 NON-COLLUSION AFFIDAVIT Document Version: 1.0 Page 44 Date Printed: January 14, 2025 Current Update: May 2023 00 45 15 IRAN CONTRACTING ACT CERTIFICATION NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction As required by Public Contract Code Section 2204, the Contractor certifies subject to penalty of perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq .) is true and correct: ~ The Contractor is not: 1. identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance w ith subdivision (b) of Public Contract Code Section 2203; or 2. a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. □ The Agency has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract. □ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,~00. . Signature: --== Date: January 28th, 2025 '---"""'" Name: Ron Federico Title: President Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for 3 years. END OF SECTION 00 45 15 IRAN CONTRACTING ACT CERTIFICATION Document Version: 1.0 Page 4S Date Printed: January 14, 2025 Current Update: May 2023 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Kelly Drive Channel Emergency Repair ·CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction Pursuant to Labor Code Sections 1725.5 and 1771.1, all Contractors and Subcontractors that wish to Bid on, be listed in a Bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See Public Works (ca .gov) for additional information. No Bid will be accepted, nor any Contract entered into without proof of the Contractor's and Subcontractors' current registration with the Department of Industrial Relations to perform public work. Bidder certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations. Name of Bidder: NMN Construction DIR Registration Number: _1_0_0_0_0_0_1 _7_1 0 __________________ _ DIR Registration Expiration: _J_u_n_e_3_0_,_2_0_2_5 _________________ _ Bidder further certifies: 1. Bidder shall maintain a current DIR registration for the duration of the Project. 2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its Contract with Subcontractors and ensure that all Subcontractors are registered at the time of Bid opening and maintain registration status for the duration of the Project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the Bid is non-responsive. Signature:-®tJ. ' --= Name: Ron Federico END OF SECTION 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Document Version: 1.0 Page 46 Date: _1_/2_8_/2_5 ________ _ Title: President Date Printed: January 14, 2025 Current Update: May 2023 00 45 25 CERTIFICATE OF INSURANCE NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction Bidder must attach either of the following to this page. g Certificates of insurance showing conformance with the requirements for each of: a. Comprehensive General Liability b. Automobile Liability c. Workers Compensation d. Employer's Liability □ Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder the required policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance and the required Certificates of insurance to the Agency. END OF SECTION 00 45 25 CERTIFICATE OF INSURANCE Document Version: 1.0 Page 47 Date Printed: Ja nuary 14, 2025 Current Update: May 2023 ACORDat} CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/4/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riQhts to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:I~cT Kenna Fisher Phoenix-Alliant Insura nce Services, Inc. rA~gN:n &:vtl• 602-707-1928 I FAX 2415 E Camelback Rd Ste 950 IA/C Nol: Phoenix AZ 85016 ~il~~ss, ohxcsacertsc@alliant.com INSURER($) AFFORDING COVERAGE NAIC# License#· nr-<1fiRR1 INSURER A : Federal Insurance Comoanv 20281 INSURED LARGCON-02 INSURER B : XL Insurance America, Inc. 24554 N .M .N . Construction, Inc. INSURER c: Executive Risk lndemnitv Inc 35181 27 41 Walnut Ave Tustin, CA 92780 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 309681103 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR ,.,c,n lwvD POLICY NUMBER IMM/DD/YYYYl IMM/D0/YYYYl C X COMMERCIAL GENERAL LIABILITY y y 54326597 10/1/2024 10/1/2025 EACH OCCURRENCE $2,000,000 ,__ D CLAIMS-MADE 0 OCCUR DAMAl.jt:J9i RENTED PREMISES Ea occurrence\ $300,000 '--MED EXP (Any one person) $5,000 ,__ PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 Fl 0 PRO-O Loc PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y '-- 54326155 10/1/2024 10/1/2025 COMBINED SINGLE LIMIT (Ea ac~identi $2,000,000 X ANY AUTO BODILY INJURY (Per person) $ '---OWNED SCHEDULED BODILY INJURY (Per accident) $ '--AUTOS ONLY '--AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ -$ B UMBRELLA LIAB MOCCUR y y US000944 72Ll24A 10/1/2024 10/1/2025 EACH OCCURRENCE $ 10,000,000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I I RETENTION$ $ A WORKERS COMPENSATION y 54326157 10/1/2024 10/1/2025 X I ~ffTUTE I I OTH-ER AND EMPLOYERS' LIABILITY YI N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~ls~~rt-¥r~~ ~1~PERATIONS below E.L. DISEASE · POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) COMMERCIAL GENERAL LIABILITY: Additional named insured applies where the above box is checked per attached endorsement(s) when required by written agreement or contract. Waiver of subrogation applies where the above box is checked per attached Endorsements. Primary & Non-Contributory applies per attached endorsement(s). Notice of Cancellation applies per the attached endorsement(s). For OCIP/Wrap-Up projects, coverage afforded is for off-site exposure only. AUTOMOBILE LIABILITY: Additional named insured applies where the above box is checked per attached endorsement(s) when required by written agreement or contract. Waiver of subrogation applies to those policies where the above box is checked per attached Endorsements. Primary & Non-Contributory applies per attached endorsement(s). Notice of Cancellation applies per the attached endorsement(s). See Attached ... CERTIFICATE HOLDER City of Carlsbad/C MWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murietta CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LARGCON-02 -------------------- ~ ACORD@ ~ AGENCY Phoenix-Alliant Insurance Services, Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS LO C #: _______ _ ADDITIONAL REMARKS SCHEDULE NAMED INSURED N.M.N. Construction, Inc. 2741 Walnut Ave Tustin, CA 92780 I NAICCODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Page WORKERS COMPENSATION: Waiver of subrogation applies to those policies where the above box is checked per attached Endorsements. Primary & Non-Contributory applies per attached endorsement(s). Notice of Cancellation applies per the attached endorsement(s). #N274 Kelly Drive Channel Emergency Repair, 4866 Kelly Drive, Carlsbad, CA 92008 (Bid No. PWS25-3661TRAN, Project #6606) of City of Carlsbad/CMWD, the Agency, its officials, employees and volunteers are included as an additional insured if listed in the contract per the provisions of the attached endorsement(s). ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 54326597 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations WHERE REQUIRED BY AN EXECUTED WRITTEN LOCATIONS AS REQUIRED BY AN EXECUTED CONTRACT. WRITTEN CONTRACT. 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. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. 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. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: 54326597 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 WHERE REQUIRED BY AN EXECUTED WRITTEN LOCATIONS AS REQUIRED BY AN EXECUTED CONTRACT. WRITTEN CONTRACT. 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 shown in the Declarations; whichever is less. Th is endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20371219 © Insurance Services Office, Inc., 20·12 Page 1 of 1 POLICY NUMBER: 54326597 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number : 54326597 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Th is insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 54326597 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY WRITTEN CONTRACT . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 □ POLICY NUMBER: 54326597 COMMERCIAL GENERAL LIABILITY 10-02-2494 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US The following Condition is added: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to any Person(s) or Organization(s) shown in the Schedule Thirty (30) days prior to the effective date of cancellation or non-renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule Ten (10) days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non-renewal with respect to any other person(s) or organization(s). 10-02-2494(Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number: 54326155 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. -CANCELLATION -of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form . However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Lim it of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: d. Any "employee" of you rs while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "i nsured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Policy Number 54326155 (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you . 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. -FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. -TRANSPORTATION EXPENSES -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1 ,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following : c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENT AL AGENCY EXPENSE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE-BROADENED COVERAGE Paragraph A.4. -COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you . 8. AIRBAG COVERAGE Paragraph B.3.a. -EXCLUSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT -BROADENED COVERAGE Paragraph C.1.b. -LIMIT OF INSURANCE -of SECTION Ill -PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which , at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE Form : 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Policy Number 54326155 Under Paragraph D. -DEDUCTIBLE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.-DEDUCTIBLE -of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. -DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to : (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them . At our request, the insured will bring suit or transfer those rights to us and help us enforce them . 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. -CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV -BUSINESS AUTO CONDITIONS -is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. -OTHER INSURANCE of SECTION IV -BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO-COVERAGE TERRITORY Paragraph B.7.b.(5). -POLICY PERIOD, COVERAGE TERRITORY of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of -SECTION V -DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" POLICY NUMBER: 54326155 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: N.M.N. Construction, Inc. Endorsement Effective Date: 10/01/2024 Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. -"Other Insurance" of Item B. -"General Conditions" under Section IV -"Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above , for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 Page 1 of 1 POLICY NUMBER: 54326155 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: N.M.N. Construction, Inc. Endorsement Effective Date: 10/01/2024 Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 54326155 COMMERCIAL AUTO 16-02-0322 (Ed. 11-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following : COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US The following Condition is added: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to any Person(s) or Organization(s) shown in the Schedule 30 days prior to the effective date of cancellation or non-renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule 1Q_ days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non-renewal with respect to any other person(s) or organization(s). 16-02-0322 (Ed. 11-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) 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 WHERE REQUIRED BY WRITTEN CONTRACT IN ST ATES WHERE APPLICABLE. 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 10/1/2024 Insured N.M.N. Construction, Inc. Insurance Company WC 00 0313 (Ed. 4-84) @ 1983 National Council on Compensation Insurance. Policy No. 54326157 Endorsement No. Premium Countersigned by _________________ _ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on October 1, 2024 at 12:01 A. M. standard time, forms a part of (DATE) Policy No. 54326157 of the (NAME OF INSURANCE COMPANY) issued to N.M.N. Construction, Inc. Endorsement No. Authorized Representative 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. The additional premium for the blanket waiver offered by this endorsement shall be o.oo % of total California premium. Schedule Person or Organization Job Description WHERE REQUIRED BY WRITTEN CONTRACT WC 99 03 04 (Ed. 7-08) Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number N.M .N. CONSTRUCTION, INC. AND Q.M.E. GUNITE, INC. AND ATLAS STRUCTURAL Policy Number RETROFIT CONTRACTORS Symbol: WCF Number: 5432-61-57 Policv Period Effective Date of Endorsement 10/01/2024 TO 10;01;202s 10/01/2024 Issued By (Name of Insurance Company) FEDERAL INSURANCE Insert the policy number. The remainder of the information is to be completed onlv when this endorsement is issued subseauent to the preparation of the policy. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us . This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the schedule. 1. Schedule Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPE RATIONS 3. Premium: The premium charge for this endorsement shall be 2 . O percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: $ O Authorized Representative WC 42 03 048 (06/14) © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC99 06 62 NOTICE OF CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. This endorsement effective on October 1, 2024 (DATE) at 12:01 A.M. standard time, forms a part of Policy No . 54326157 of the (NAME OF INSURANCE COMPANY) Issued to N.M.N. Construction, Inc. Authorized Representative The following Condition is added to PART SIX -CONDITIONS: Notice Of Cancellation Or Non-Renewal To Specified Persons Or Organizations 1. If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to any Person(s) or Organization(s) shown in the Schedule Thirty {30) days prior to the effective date of cancellation or non-renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organization(s) shown in the Schedule Ten {10) days prior to the effective date of cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non-renewal with respect to any other person(s) or organization(s). SCHEDULE Name(s) and Address(es): WHERE REQUIRED BY WRITTEN CONTRACT WC 99 06 62 (Ed. 01-16) Page 1 of 1 00 45 30 STATEMENT REGARDING DEBARMENT NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction 1. Have you or any of your Subcontractors ever been debarred as an irresponsible Bidder by another public agency in the State of California? □ YES g NO 2. If yes, what was/were the name(s) of the public agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than 2 debarments. N/A party debarred party debarred public agency public agency period of debarment period of debarment Ron Federico I President (print name/title) Page _1 _ of _1_ pages of this Statement Regarding Debarment form END OF SECTION 00 45 30 STATEMENT REGARDING DEBARMENT Document Version: 1.0 Page 48 Date Printed: January 14, 2025 Current Update: May 2023 00 45 35 DISCLOSURE OF DISCIPLINE RECORD NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN NAME OF BIDDER: NMN Construction Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within 4 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board 2 or more times within an 8-year period? D YES « NO 2. Has the suspension or revocation of your contractor's license ever been stayed? D YES D NO ~ N/A 3. Have any Subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State License Board 2 or more times within an 8-year period? D YES Q NO 4. Has the suspension or revocation of the license of any Subcontractors that you propose to perform any portion of the Work ever been stayed? D YES D NO ~ N/A 00 45 35 DISCLOSURE OF DISCIPLINE RECORD Document Version: 1.0 Page 49 Date Printed: January 14, 2025 Current Update: May 2023 5. If the answer to either of 1 or 3 above is "yes," fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, the nature of the violation and disciplinary action taken . N/A (If needed attach additional sheets to provide full disclosure.) 6. If the answer to either of 2 or 4 above is "yes," fully identify, in each and every case, the party whose discipline was stayed, the date of and the violation that the disciplinary action pertains to, the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) BY~• By: _............., (sign here) Ron Federico I President (print name and title) END OF SECTION 00 45 35 DISCLOSURE OF DISCIPLINE RECORD Document Version: 1.0 Page 50 Date Printed: January 14, 2025 Current Update: May 2023 00 52 00 CONTRACT ("Contract") is made and entered into this c!2.C:th day of __ ----=::"'-':.~:.L..~~~~-----' 2025, by and between the City of Carlsbad ("Agency") and N.M.N. Construction, I ("Contractor"), whose principal place of business is 2741 Walnut Avenue, Tustin, California 92780. The parties agree: 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all the Work required in strict compliance with the Contract Documents for the following Project: NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN The Contractor and its surety shall be liable to the Agency for any damages arising as a result of the Contractor's failure to comply with the obligation described in this Section 1. 2. TIME OF COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Agency's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within twenty (20) working days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 3. CONTRACT PRICE. The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of ninety-seven thousand dollars ($97,000). Payment shall be made as set forth in the General Conditions. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The Agency shall withhold retention as required by Public Contract Code Section 9203. 4. LIQUIDATED DAMAGES. In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and every Calendar Day of delay beyond the time of completion prescribed in this Contract as Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor agrees the Agency may deduct that amount from any money due or that may become due the 00 52 00 CONTRACT Document Version: 1.0 Page 51 Date Printed: January 31, 2025 Current Update: May 2023 Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. 5. CONTRACT DOCUMENTS. The "Contract Documents" include the following: • 00 1110 Notice Inviting Bids • 00 2110 Instructions to Bidders • 00 41 00 Bid Form • 00 42 10 Bid Bond or 00 43 20 Bid Security • 00 43 30 Proposed Subcontractors • 00 43 40 Bidder Information and Experience • 00 45 10 Non-Collusion Affidavit • 00 45 15 Iran Contracting Act Certification • 00 45 20 Public Works Contractor Registration Certification • 00 45 30 Statement of Regarding Debarment • 00 45 35 Disclosure of Discipline Record • 00 52 10 Contract • 00 6110 Labor and Materials Bond • 00 61 20 Faithful Performance and Warranty Bond • 00 61 30 Optional Escrow Agreement (if applicable} • 00 73 00 Supplemental Provisions to Part 1 of the Standard Specifications for Public Works Construction "Greenback," latest edition and including all errata • Technical Specifications for the Project • All Addenda • Plans and Drawings • Perm its • 00 74 00 Supplemental Provisions to Parts 2-8 of the Standard Specifications for Public Works Construction "Greenback," latest edition and including all errata • "City of Carlsbad Engineering Standard Drawings and Specifications," as last revised • Standard Plans for Public Works Construction, latest edition and including all errata • Applicable Local Agency Standards and Specifications, as last revised • Approved and fully executed change orders • Any other documents contained in or incorporated by reference into the Cont ract Documents The Contractor shall complete the Work in strict accordance with the Contract Documents. The requirements of the various sections or documents comprising the Contract Documents are intended to be complementary. Work required by 1 of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. 00 52 00 CONTRACT Document Version: 1.0 Page 52 Date Printed: January 31, 2025 Current Update: May 2023 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the Labor Code and Public Contract Code which are applicable to the Work. 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency Supplemental General Provisions. 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. 00 52 00 CONTRACT Document Version: 1.0 [signatures on the following page] Page 53 Date Printed: January 31, 2025 Current Update: May 2023 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONl R.ACTOR By: (sign re) (print name/title) D Ll.j /V;Kon I CFO (print name/title) City of Carlsbad GEOFF PATNOE, City Manager ATTEST: \ b/24 I!. m 11l+:..W f::r--?HERRY FREISINGER, City Clerk If required by the Agency, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the following 2 groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM : CINDIE K. McMAHON, City Attorney END OF SECTION . 00 52 00 CONTRACT Document Version: 1.0 Page 54 Date Printed: January 31, 2025 Current Update: May 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0,,.,.a,,,...!J' e -~~ On G ..;....,,,.. ffa 3 7 ,;,,..,.,--before me, ,/%--,;., ~ L "'4: LY', 7 & .,; .<a: , ate Here Insert Name and Title of t e Officer personally appeared ,A:;c, ~ 7, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/.afe subscribed to the within instrument and acknowledged to me that he/91-re"/they executed the same in his/Ref/tt:.eir authorized capacity(ies), and that by his/Rer/tbeir signature(~ on the instrument the person(st; or the entity upon behalf of which the person(a)' acted, executed the instrument. MIRIAM GRANADOS l COMM. #2360239 z Notary Public • California ::u Orange County ~ ',i,illl!.l'-!!'V M Comm. Ex ires June 7, 2025 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document / Title or Type of Document: 00 ,e:;--_.2 c::>a a,., ,6-~ c / 1/4/4 oLarie-//~e-.--.,,a.,,..) Document Date: (2~ /o;l/c2 o.:, c ~ Nu~ber of Pa¥s: ~ s: s--/-:f'o/ Signer(s) Other Than Named Above: __ ,a~i::24.~-___,./Y.~~/~· .4~~a~-------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact □ Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of t?Lo /1,::i .R. ~) On £; /4.--uaqS Y ,.;4,? 5-before me,~<;;;.,o, ~/le.~ /Ya /47trC:t-6/4-c · 7 • 7 ate ./) . Here Insert Name and Title of th Officer personally appeared L/ ...-:1~ £ /\// ·L4' _.,,,, ~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(!!Y whose name~ is/aFe subscribed to the within instrument and acknowledged to me that he/~/tt.tey executed the same in his/~/tl'leir authorized capacity(ies), and that by his/her1tl=teir signature~ on the instrument the person(st, or the entity upon behalf of which the person(et acted, executed the instrument. MIRIAM GRANADOS COMM . #2360239 z Notary Public • California ::u Orange County ~ M Comm. Ex ires June 7, 2025 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ ~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document / Title or Type of Document: (2(2 5""¥<20 &,.....,/ce..-c _,! (d2d ~-Cl 4/ £,n<r<•Cj _ _yAf-~,-~,() Document Date: o.::?/4,-1 / &a~..s= ONumber of Pages:~£~"/--__.~~- Signer(s) Other Than Named Above: -~,.,....k..._~~a'----, __ c._..,.,,,~2:f----=----------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 00 6110 LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: BOND NO. 9351639 Premium included in charge for Perfonnance Bond. WHEREAS, the City of Carlsbad ("Agency") has awarded to N.M.N. Construction, Inc. ("Principal,") a Contract for the Work described as follows: NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and WHEREAS, Principal is required to furnish a bond in connection with the Contract providing that if Principal or any of its Subcontractors fail to pay (1) for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the Work contracted to be done, (2) for any Work or labor of any kind performed under the Contract, (3) for amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract, or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department under Unemployment Insurance Code Section 13020 or to the Franchise Tax Board under Revenue and Taxation Code Section 18663 from the wages of employees of Principal and its Subcontractors with respect to the Work or labor, the Surety on this bond will pay for the same to the extent set forth below. NOW THEREFORE, we, Principal and Fidelity and Deposit Company of Maryland, as Surety, are held and firmly bound unto the Agency in the penal sum of ninety-seven thousand dollars ($97,000}, for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100; fail to pay for any materials, provisions, provender, equipment, or other supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety will pay for the same, in an amount not exceeding the penal sum specified above, and also, in 00 6110 LABOR AND MATERIALS BOND Document Version: 1.0 Page 55 Date Printed: January 31, 2025 Current Update: May 2023 case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. The Surety stipulates and agrees that this bond shall not be exonerated or released from the obligation of this bond by: 1. Any change, extension of time for performance, addition, alteration or modification in, to, or of any Contract, Plans, Specifications, or agreement pertaining or relating to any scheme or Work of improvement described above, or the furnishing of labor, materials, or equipment pertaining or relating to any scheme or Work of improvement described above. 2. Any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or Work of improvement described above. 3. Any rescission or attempted rescission or attempted rescission of the Contract, agreement or bond. 4. Any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond. 5. Any fraud practiced by any person other than the claimant seeking to recover on the bond. The Surety also stipulates and agrees that this bond shall be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit this bond has been given by reason of any breach of contract between the Agency and Principal or on the part of any obligee named in this bond. Finally, the Surety wa ives notice of any such change, extension of time, addition, alteration or modification mentioned in this bond, including but not limited to the provisions of Civil Code Sections 2819 and 2845. If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 00 6110 LABOR AND MATERIALS BOND Document Version: 1.0 Page 56 Date Printed: January 31, 2025 Current Update: May 2023 Executed by PRINCIPAL this S,~ day of 'f@'l.\)P(?-:\ , 2025. PRINCIPAL: NMN Construction, Inc. (name of Contractor) By: ,~~ (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 3rd day of February I 2025. SURETY: Fidelity and Deposit Company of Maryland (name of Surety) 1299 Zurich Way, Schaumburg, Illinois 60196-1056 (address of Surety) 800-987-33 73 (telephone number of Surety) (signature of~~ Edward N. Hackett, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney END OF SECTION 00 6110 LABOR AND MATERIALS BOND Document Version: 1.0 Page 57 Date Printed: January 31, 2025 Current Update: May 2023 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT ii: KNOWLEDGMEHT,1£1(H(JWL[l)(i.Mu,rl'A(lNOWlEDGMf.lflACKHOWI.EOGMENfACICNOW\.EDGMEN1ACIOIOWlEDGMEN1ACDIOWI.EOGMENTACKHOW1.EDGM[HTACKNOWl.[0GMENT/\CltHOWI.EDGMEN1ACKl't.)W'l[0GM{NT...CKHOWI.EOGMEHTACICNOW\.EOGMEN1ACKHOWI.EDGMENIACKHOWI.EOGMENT'-CKHOWI.EOGMtHTACI.HOWl.f.DGMEN1ACKHOWI.EDGMIN1ACKHOWI.EDGMEKTA.CKHOWI.EDGMENTit, ·~----------------~ i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On personally appeared _-4,£~d.....,.1 N""-""ill"-"'l,r---1-N-"----_:tt..........,cLf ........ ~~""--'*,._.__ ________________ _ who proved to me on the basis of satisfactory evidence to be the perso~ whose name{;+ is/ttfe...subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/ner/tbei( authorized capacityftes), and that by his/her/thi!4. signatur~ on the instrument the persortW... or the entity upon behalf of which the person(& acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. COMM. #2423661 z .• Notary Public • California ~ Orange County - ,~iat~::/. Mx Ccf1m. Expires £>ct· 27, 2026 [ ~ i I [ ~ I ; ~ ~ I § I ~ t I § ~ i ~ ~ I I I Signature C~ (Seal) ; ~ ~ J.Nm'XJJlMOffllJ'l'J.N]l't')Q]w,()l,f)l)'tlJ.Nll'f!Xl]lMOhJIJ'l'J.N]N:!O!lMONll)YJ.N]~]w.o,,Jl!)Vll<;fl')(]JlY,()'lll)VJ.N}l'l'Xl]'\MON)l::,0,lNlfl'XJ}lMON)l)'f'J.N)l't')Q]'\MON)l)V1NJl'l;)(l]w.otl)l)YJ.NlWXl]\l,l,Ot,ll)\l'll,Ol'l'XJ:l"W-Of<llJVJ.Nlw.>03lMOHll)VJ.hlN'JO]'\MON)l)VJ.N.ll't')QJ'IMON)l)VlNll'l?011MONll)VJ.N3~nMOH'll)V.UHw.xll'\MONll)Vu,l]l'O:J]lMOHll)VJ.NJW90]w.oHYOV!,, Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a doc ument titled/for the purpose of N \v\ \'\ Co 10 ~+(\,,.c+ion, l t"I c.. containing 3 pages, and dated ----------'F---=E=B=------.,ooc.....,3.._____._2...,a2~5,____ The sig ner(s) capacity or authority is/are as: D lndividual(s) ~ Attorney-in-Fact D Corporate Officer(s) ___________________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D Other: _______________________ _ representing: ______________________ _ Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information . Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: __________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) □------------- C> Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 503 11-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State ofNew York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Edward N. HACKETT, Christine M. MAESTAS of Irvine, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August, A.O. 2023. ,,,,''t~:;;;'_;;,,,,,, ,,,,,,,,,o;=~i,,,,,,,,. ,,,,,,:;'~~:,,,,,,. By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore /fr.:O~V0~1~.0 /~O~vo~:+~ f~~rf'..0~vo,.-5-.._.;--,,_, :: C ,. ~ ::: <i. .,. o ::-'2 ..,.~\o :: [; 0 SEAL"" ~gli 0 SEAL"" i~~ 0 SEAL"'Ji~ \\, _)lr\~ .,, !/\?~ ... /// ,,,,,,,, -· ,,,.......... ,,,,,,,,/'£-w# .. ,,.............. ,,,,,,-:: ...... ,,, .. ,,,' '''""""''' ,,,,,,11,"''' ,,,,, .. ""''' ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 16th day of August, A.O. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M. MAISON NOTARY PUBUC BALTIMORE COUfllTY, MO Commis,ion • es JANUARY 27. 2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify ofrevoke any such appointment or authority at any time.11 CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN JNSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Direct.ors of the ZURICH AMERICAN JNSURANCE COMPANY at a meeting duly called and held on the 15th day ofDecember 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l 0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. lN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _1&_ day of February , 2025 . Thomas 0. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority No. 08697 TIIlS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Fidelity and Deposit Company of Maryland of Maryland, organized under the laws of Maryland, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended FeeN/A Rec.No. Filed IN WI1NESS WHEREOF, effective as of the 20'h day of October, 2009, I have hereunto set my hand and caused my official seal to be affixed this 2(Jh day of October, 2009. By Certification Chuck Quackenbush ln.surance Commissioner Susan J. Stapp for Jesse Huff Chief Deputy I. the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now infullforce and effect. IN WI1NESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 16th day of June, 2015. By Dave Jones ln.surance Commissioner 00 6120 FAITHFUL PERFORMANCE AND WARRANTY BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: BOND NO. 9351639 PREMIUM: $1,067.00 Premium charged is for contract term and subject to adjustment based on final contract amount. WHEREAS, the City of Carlsbad ("Agency'') has awarded to N.M.N. Construction, Inc. ("Principal,") a Contract for the Work described as follows: NAME OF PROJECT: Kelly Drive Channel Emergency Repair CONTRACT NO.: 6606 BID NO.: PWS24-2364TRAN in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and WHEREAS, the Work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated o2, / ;;>c/~("Contract Documents"), the terms and conditions of which are incorporated by reference; and WHEREAS, the Principal is required by the Contract Documents to perform the terms of them and to furnish a bond for the faithful performance and warranty of the Contract Documents. NOW THEREFORE, we, Principal and Fidelity and Deposit Company of Maryland . as Surety, are held and firmly bound unto the Agency in the penal sum of ninety-seven thousand dollars ($97,000), for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration of the Contract Documents made as provided in the Contract Documents, on its part, to be kept and performed at the time and in the manner specified in the Contract Documents, and in all respects according to their true intent and meaning; and shall indemnify and save harmless the Agency, its Board, members of the Board, officers, directors, managers, employees, agents, and aut horized volunteers, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured by this bond and in addition to the face amount specified in this bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Agency in enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Document Version: 1.0 Page 58 Date Printed: January 31, 2025 Current Update: May 2023 As a condition precedent to the satisfactory completion of the Work unless otherwise provided for in the Contract Documents, the above obl igation shall hold good for a period of 1 year after the acceptance of the Work by the Agency. Du ring this 1-year period, if Contractor fails to make full, complete, and satisfactory repair and replacements and totally protect the Agency from loss or damage resulting from or caused by defective materials or faulty workmanship in co nnection with Contractor's Work on the Project, the obligations of Surety under this bond shall continue so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the Agency's rights or the Principal's or Surety's obligations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15. Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Agency's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the Agency, and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term "balance of the Contract Price" as used in this paragraph shall mean the total amount payable to Principal by the Agency under the Cont ract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents. Or iii. Permit the Agency to complete the Project in any manner consistent with Applicable Law and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term "balance of the Contract Price" as used in this paragraph shall mean the total amount payable to Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Agency may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize Principal in completing the Project, nor shall Surety accept a bid from Principal for completion of the Project, if the Agency, when declaring the Principal in default, notifies Surety of the Agency's objection to Principal's further participation in the completion of the Project. 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Document Version: 1.0 Page 59 Date Printed: January 31, 2025 Current Update: May 2023 The Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed under the Contract Documents shall in any way affect Surety's obligations on this bond, and Surety waives notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Document Version: 1.0 Page60 Date Printed: January 31, 2025 Current Update: May 2023 :: Executed by PRINCIPAL this _?_~_W __ dayof ~\J~~ 2025. PRINCIPAL: NMN Construction, Inc. (name of Contractor) By: &cZ.r (sign here) If;, Lo,i, .(print name here) (tit1e and organization of signatory) Executed by SURETY this 3rd day of February , 2025. SURETY: Fidelity and Deposit Company of Maryland (name of Surety) 1299 Zurich Way, Schaumburg, Illinois 60196-1056 (address of Surety) 800-987-3373 (telephone number of Surety) By:/4 ~~~ (signature of Auon#~ _ Edward N. Hackett, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney END OF SECTION 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Document Version: 1.0 Page 61 Date Printed: January 31, 2025 Current Update: May 2023 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT IU,iOWUOGMEHTAC.:J,IOWl.[OGMI.HTACKNOWL.Eoc.MENTAC.KHOWlEOGMfNTACKHOWl.(OGMENTM:.ltHOWI.EOGMENTACKNOW\.EOGMEHTACIOIOWI.E(X;M[NU,Cl(N()WLfOGMENlK.KNOWI.EOGM[NTACIU«lWl.(DG"'EHT,t..CKHOWlEOGMENTACKNOWI.EDGMENT...aNOWl.£DGME'l'l'.\CrnOWI.EOGMENTACKI-IOWl.£0GMENT.-.cJQ,IOWl_£0GM£!ffACQIO'M.lOGMENTACl(.'KlWl.lOGMt.Nl...Cl(N()Wt£0GMEHT~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Or::ancf On personally appeared _E...........,J~w~~~----;Ni-------a•-±t ........... c.-..... c,-+-/((;~d±--'-+----------------- who proved to me on the basis of satisfactory evidence to be the personfs}-whose namet5") is~ subscribed to the within instrument and acknowledged to me that he/&he/tl=ley executed the same in his/I ,el/ti ,eif-. authorized capacity~ and that by his/her/their &ignaturefst. on the instrument the personfs+, or the entity upon behalf of which the person(-5}-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign a tu re COv\.Lv.. ~ ~ ---~-~,5""'~~~~ .... ~-~------ Optional Information O CARL v°P. 0MATLOCK O l COMM. #2423661 z Notary Public -California ~ Orange County - Convn. Ex ires Oct. 'O, 2026 (Seal) Although the informa tion in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of NH N Con~:\:N.<-+i oY) Inc.. J conta ining l-f pages, and dated FEB O 3 2025 ------------- The signer(s) capacity or authority is/a re as: D lndividual(s) 'fi(l Attorney-in-Fact D Corporate Officer(s) ___________________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D Other: _______________________ _ representing: ______________________ _ Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ------------ Other D Additional Signer(s) D Signer(s) Thumbprint(s) □ i ~ I I I ~ i ; ~ ~ j ; ~ I l ~ ~ I • ; C> Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State ofNew York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Edward N. HACKETT, Christine M. MAESTAS of Irvine, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and a:ff1Xed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August, A.O. 2023. By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ,,,,u,111111,,,,, ,,,,,11111111,,,,, ,,,1111411,,,, ,:,,,,,,, (j\S~!";,,,,,;. ,:,,''~ \NS(J~,,,,,_ ,,,'''e Cor,,~'1,1111 ft~~l'Oi!t''t-\ §'~~:,•,c-..-\ j,J' ~1'01>'-."?,.\ =,; 0o > ~• ,.~o > "•=" o ...,)9." ~ ~ SEAL"' 0 SEAL"' ~ §~ i 0 sEAL"' i:::~ \\ .. ~~ I}\% 'il -::. ~ ~ .; ~ r ,e11 .,. ~ -;, ~ '"° q~ I ,,,,.,,,, •••• ,, .......... , ,,,,,,,,,,""Ewvr:JP< .... ,,,,........ ,,,,.,::, • .-,,, ...... ~ ,,,,,, ... "''' ,,,,,,1111"'' ,,,,,uuu•'' ATIEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 16th day of August, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and wbo executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Co!J)orate Seals of said Companies, and that the said Co!J)orate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M. MAISON NOTARY PUBLIC BALTIMORE COUNTY, MO Ccmmission Expi'es JANUARY 27. 2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like ins1ruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMP ANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day ofMay, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _l!!!_ day of February , 2025 . Thomas 0. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority No. 08697 TIIlS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Fidelity and Deposit Company of Maryland of Maryland, organized under the laws of Maryland, subject to its Articles of Incorporation or other fandamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in fall compliance with all, and not in violation of any, of the applicable laws and law.fol requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended FeeN/A Rec.No. Filed IN WI1NESS WHEREOF, effective as of the 2(/h day of October, 2009, I have hereunto set my hand and caused my official seal to be affixed this 2(/h day of October, 2009. By Certification Chuck Quackenbush Insurance Commissioner Susan J. Stapp for Jesse Huff Chief Deputy I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a fall, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now in fall force and effect. IN WI1NESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 16th day of June, 2015. By Dave Jones insurance Commissioner January 17, 2025 ADDENDUM NO. 1 RE: Kelly Drive Channel Emergency Repair Bid No.: PWS25-3661TRAN {'cicyof Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note the change of date for the mandatory pre-bid meeting for the above-referenced bid. Date and time for MANDATORY pre-bid meeting is: Tuesday, January 21, 2025, 10 a.m. The location remains the same at the back of 4866 Kelly Drive, Carlsbad, CA 92008. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. GRAHAM Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t January 24, 2025 ADDENDUM NO. 2 RE: Kelly Drive Channel Emergency Repair Bid No.: PWS25-3661TRAN {'cicyof Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. ~ .., ___, GRAHAM Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 ----Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t 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 R 100 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 Bidde:=:mru~tion Signature: -== Name: Ron Federico Title: President Date: January 28, 2025 City Attorney Approved Version 12/14/2023 CA L IFOR NIA AIR RESOURCES BOARD _.CLEAN ~~ TRUCK CHECK Vehicle Compliance Certification Issue Date: 7/24/2024 Expiration Date: 1/31 /2025 Vehicle Information Vehicle Identification Number (VIN): 3C7WRMFL4JG400880 Vehicle License Plate: 45307R2 Vehicle Make: Vehicle Model Year: 2018 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID: E121720 Certification ID: VCC1001382505 Primary Address: 20417 NORDHOFF ST, CHATWORTH , CA 91311, USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARB Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification : https://cleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 CALIFOR NI A AIR RESOURCES BOARD .CLEAN • ~ TRUCK CHECK Vehicle Compliance Certification Issue Date : 7/24/2024 Expiration Date: 1/31 /2025 Vehicle Information Vehicle Identification Number (VIN): 3C7WRMDL4JG218888 Vehicle License Plate: 20243N2 Vehicle Make: Vehicle Model Year: 2018 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID : E121720 Certification ID: VCC1001382503 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311, USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARB Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2 .arb.ca.gov/cleantruckcheck. To verify this certification: https://cleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 CA LIFORNIA AIR RESOURCES BOARD _.CLEAN ~~ TRUCK CHECK Vehicle Compliance Certification Issue Date: 7/24/2024 Expiration Date: 1/31 /2025 Vehicle Information Vehicle Identification Number (VIN): 1 FDNF6DE9HDB07111 Vehicle License Plate: 8027721 Vehicle Make : Vehicle Model Year: 2017 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID: E121720 Certification ID : VCC1001382501 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311, USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARB Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification: https://cleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 CALIFORNIA AIR RESOURCES SOARD .CLEAN .. ~ TRUCK CHECK Vehicle Compliance Certification Issue Date: 7/24/2024 Expiration Date: 2/28/2025 Vehicle Information Vehicle Identification Number (VIN): 3FRNF6FB4DV789592 Vehicle License Plate: 05712M1 Vehicle Make: Vehicle Model Year: 2013 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID: E121720 Certification ID: VCC1001382497 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311, USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARB Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify th is certification : https://cleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 C A LIFOR NIA AIR RESOURCES BOARD _.CLEAN ~~ TRUCK CHECK Vehicle Compliance Certification Issue Date: 7/24/2024 Expiration Date: 1/31 /2025 Vehicle Information Vehicle Identification Number (VIN): 1GB3CZCGXEF152913 Vehicle License Plate: 96464T1 Vehicle Make: Vehicle Model Year: 2014 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID: E121720 Certification ID: VCC1001382491 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311, USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARS Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification : https://cleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 C A LIFOR N IA AIR RESOURCES BOARD _.CLEAN .,~ TRUCK CHECK Vehicle Compliance Certification Issue Date: 7/24/2024 Expiration Date: 2/28/2025 Vehicle Information Vehicle Identification Number (VIN): 3FRNF6FB9DV019730 Vehicle License Plate: 50724U2 Vehicle Make: Vehicle Model Year: 2013 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID: E121720 Certification ID: VCC1001382489 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311 , USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARB Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification: https://cleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 CALIFORNIA AIR RESOURCES BOARD .CLEAN ~ ~ TRUCK CHECK Vehicle Compliance Certification Issue Date: 7/24/2024 Expiration Date: 2/28/2025 Vehicle Information Vehicle Identification Number (VIN): 1 FDRF3G6XDES59744 Vehicle License Plate: 09838P1 Vehicle Make: Vehicle Model Year: 2013 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION , INC Entity ID: E121720 Certification ID : VCC1001382487 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311 , USA CARS reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARS Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification: https://cleantruckcheck.arb.ca.gov. CARS's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 CALIFORNIA AIR RESOURCES BOARD ~CLEAN .,~ TRUCK CHECK Vehicle Compliance Certification Issue Date : 8/2/2024 Expiration Date: 4/30/2025 Vehicle Information Vehicle Identification Number (VIN): 3FRNF6FB3FV730391 Vehicle License Plate: 45403Y1 Vehicle Make: Vehicle Model Year: 2015 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID: E121720 Certification ID: VCC1001382495 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311, USA CARB reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding GARB Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification : https://cleantruckcheck.arb.ca.gov. CARB's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1 CALIFORNIA AIR RESOURCES BOARD .CLEAN ~ ~ TRUCK CHECK Vehicle Compliance Certification Issue Date: 8/2/2024 Expiration Date: 4/30/2025 Vehicle Information Vehicle Identification Number (VIN): 1GS3CYCG4FF542210 Vehicle License Plate: 91706X1 Vehicle Make: Vehicle Model Year: 2015 Vehicle Model: Business Information Company/Entity Name: NMN CONSTRUCTION, INC Entity ID : E121720 Certification ID: VCC1001382493 Primary Address: 20417 NORDHOFF ST, CHATWORTH, CA 91311, USA CARS reserves the right to invalidate this certificate if the vehicle is found violating the Clean Truck Check requirements prior to the certificate expiration date. Future certificates may be denied if the vehicle has any outstanding CARS Enforcement actions. Non-compliant vehicles could also have their registration denied by the Department of Motor Vehicles. This compliance certificate does not exempt the vehicle from emissions-related inspection or audit. For more information on Clean Truck Check, visit https://ww2.arb.ca.gov/cleantruckcheck. To verify this certification: https://cleantruckcheck.arb.ca.gov. CARS's Clean Truck Check team can be reached at hdim@arb.ca.gov. Page 1