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HomeMy WebLinkAboutAmerivet Contracting; 2025-09-10; PWM26-3901FACPWM26-3901FAC Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLICE & FIRE HEADQUARTER AWNING REMOVAL; CONT. NO. 4757 This contract is made on the ______________ day of _________________________, 2025 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and Amerivet Contracting, a California corporation whose principal place of business is 101 W Broadway Suite 840, San Diego, CA 92101 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Si Phan (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, installation, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A 10th Sept. Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A PWM26-3901FAC certifying payroll records, and making them available for Inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsuftant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.S. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww 2. a rb .ca .gov I ou r-wo rk/progra ms/ adv a need-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, oompliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor's required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 2 City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A~ PWM26-3901FAC FALSE ClAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth In this Contract and not In anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: '""Ke=i=th.:..:A""'r""'n=o=ld'---------- REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. Police & Fire Headquarter Awning Removal Cont. No. 4 75 7 Page 3 City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A,, PWM26-3901FAC The policies shall name the City of Carlsbad as an additional Insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 3 City Attorney Approved 6/5/24 7 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A CONTRACTOR'S INFORMATION. 1059200 (Contractor's lie nse number} B, C12, C21 10/31/2025 (license class. and exp. date} 1000379724 6/30/2028 (DIR registration number and exp. date) PWM26-3901FAC 101 W Broadway Suite 840 (street address) San Diego, CA 92101 (city/ state/zip) 6f20{~Q~i ,, 1. <.fr:,.. <1eq__, (telephone no.) Drew@vetcontracting.co (e-mail address) m AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. Police & Fire Headquarter Awning Removal Cont. No. 4757 [signatures on following page] Page4 City Attorney Approved 6/5/24 l Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A CONTRACTOR AMERIVET CONTRACTING, a California corporation By: (sign here) Keith Arnold, Vice President (print name, title) Drew Simpson, CFO (print name, title) PWM26-3901FAC CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager ATTEST: SHERRY FREISINGER, City Clerk By: Assistant City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~ corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: 1111-\ ¼b!A,S Assistant City Attorney Police & Fire Headquarter Awning Removal Cont. No. 4 757 Page 5 City Attorney Approved 6/5/24 l j Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A PWM26-3901FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and Address DIR Registration No. license No., %of tobe & Expiration Date Classification Total Subcontracted & Expiration Contract Date ND'f\{. Total% Subcontracted: 0 ------ The Contractor must perform no less than 50% of the work with its own forces. Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 6 City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A PWM26-3901FAC EXHIBIT B POLICE & FIRE HEADQUARTER AWNING REMOVAL Contractor to fl!move and dispose of the existing window awnings, brackets and associated hardware, and apply waterproofing caulking and color matching aluminum cover plates at the Carlsbad Police & Fire Headquarters located at 2560 Orion Way, Carlsbad, CA 92010. Work shall be completed as per the descriptions below and in alignment with the attached proposal #1780 dated 07/29/2025 prepared by Amerivet Contracting. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. . Remove existing louvered metal awnings above windows and properly dispose . . Apply caulking & waterproofing to the screw holes/ 1 $91.075/LF 634 LF gaps behind the removed awnings . $57,741.55 . Install break metal (aluminum strips) of the same width, length, thickness, and color of the existing awning wall brackets to provide professional finish. 1 LS 1 Labor & Materials Bond fee $1,732.25 TOTAL $59,473.80 •1ndudes taxes, fees, expenses and all other costs. Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 7 City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A M UIIIYIT ft,Tflllftl Amertvet Contracting 101 W B y, Suite 840 n DI o, C 92101 , us ( ) 2 3B Prepared By· Keith Amold ( 1) 77 B95 'th vetcontracting com P o ect Awning Removal C.rtabad Police Station Scope of Work PWM26-3901FAC Exhibit "B" (cont.) Quote· 1780 I Date: 7/2912025 Demolition and removal of approx. 634 linear ft of aluminum awning, brackets and associated hardware. Removal off site to recycle. caulk existing holes after removal of awning and cover with color matching aluminum plate. As discussed, below are some terms which we like to be part of the proposal: Contractor license 1059200, Classifications: B, C-12, C-21 Awning Removal Schedule A-Awning Demolition -louvered awning • • Tax not applied to part or subcomponent Included(+) 1. Prevamng Wages 2. Performance & Payment bonds 3. Labour & Materials Notes Page 8 Quantity 634 ft Unit Cost $91 .07 Total Cost $57,741 .55 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A •- M UlllHT -•""''"'' - Summary Subtotal Bonding I $59,473 .80 $57,741 .55 $1 ,732.25 I Accepted By "··························· Pase 9 PWM26-3901FAC Exhibit "B" (cont.) Quote 1780 / Date. 7/29/2025 Date Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A PWM26-3901FAC EXHIBITC Bond No. 1001208024 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Amerivet Contracting (hereinafter designated as the "Principal"), a Contract for: POLICE & FIRE HEADQUARTER AWNING REMOVAL CONTRACT NO. 4757 in the City of Carlsbad, 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 herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Amerivet Contracting, as Principal, (hereinafter designated as the "Contractor"), and U.S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty nine thousand four hundred seventy three dollars and eighty cents ($59,473.80), said sum being an amount equal to: One hundred percent {100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 10 City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A PWM26-3901FAC This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a si ngle, original Instrument. SIGNED AND SEALED, this ___ 2~ls~t day of __ ~A=u,_gu~s~t ______ __,, 2025. Amerivet Contracting dba Amerivet (Principal) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: ti~ ¼~tA-S Assistant City Attorney Police & Fire Headquarter Awning Removal Cont. No. 4757 (SEAL) U.S. Specialty Insurance Company (Surety) Page 11 (SEAL) City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A '-ttLirvnNtf\ L CN I ltlLAfE OF ACKNOWLEDGMENT A notar,y public or other officer completing this certificate verifies only the Identity of the ind1v1dual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof SroJ,l_~ -------- who proved to me on the basis of satisfactory evidence to be the person(,1 whose name(11 is/ar{ subscribed to the within instrume~ and acknowledged to me that he/s~e/~ey executed the £ame in his/h/rltl;>e°ir authorized capacity(ie , and that by his/h!r/t~ir signature(¢ on the instrument the personf, or the entity upon behalf of which e person(g) 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. ............ l • DONNA L. JAAMUSCH ~ Noury Public • C.ltfomta Ii I s.n D1eao County ! -Comnmston, 2419691 i . . /ltf co:m. Exe" Oct 7. 20: l (Seal) 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 _______________ _ containing ___ pages, anp dated ___________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D CorporatelOfficer(s) ---------Tit-le-(s)_,,,_ _______ _ D Guardian/f:onservator D Partner· Limited/General D Trustee(s) D Other: --------r------ al event is detailed in notary journal on: Page # Entry # Notary contact: __________ _ Other 0 Additional Signer(s) 0 Signer(s) Thumbprinr(s) □------------ C Copyright 2007-2016 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311 -0507. All Rights Reserved. 11em Number 101772. Please contac1 your Aulhorlzed Reseller to purchase copies or this form. Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A 1J f ,!f l 1!1 ,, ! .,.,,,, • t'I I 111 IA 1/fi,/lf J1 U ·,,, ~J . ,;,;,l,1. LALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A nqtary public or other officer completing this certificate verifies only the Identity of the mdfvfdual 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 ·~ 0 On Au<1lAS\ ;;;x)~"""'-,.,._,"---'-beforeme,WGffi L, TO.CO\\)~ Otlru Rilll\C , 'CJ (here Insert name and title of~~ who proved to me on the basis of satisfactory evidence to be the person~whose name~ is/a!"e subscribed jo the within instrument and acknowledged to me that he/stre/tt{ey executed the same in his/hir/tHeir authorized capacity(its), and that by his/h6/tt~h signature(% on the instrument the person(sf, 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. (Seal) Optional lnfo,rmation Although the informatio~ 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 ______________ _ containing ___ pages, and dated _________ ----:;,,-c-- The signer(s) capacity or authority is/are as: 0 lndividual(s) 0 Attorney-in-Fact 0 CorporateOfficer(s) --------~~;---------itle(sl 0 Guardian/Conservator 0 Partner -Limited/General 0 Trustee(s) D Other: -~L--------------- representing: -----------,,--,--,--,-:::---c--='.':":":':=-----Name<sl or Person(s) or Entlty(1es) Signer Is Rep,esenting Notarial event is detailed in notary journal on: Page # Entry # Notary contact: _________ _ Other 0 Additional Signer(s) 0 Signer(s) Thumbprint(s) □----------- I IA loll I 0107 All RI h R d Item Number 101772, Please contact you, Authorized Reseller to purchase copies or this form, j o Copyright 2007-2016 Notary Rotary, Inc, PO Box 41400, Des Moines, , , 9 ts eseive · Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A COLORADO NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) State of Colorado County of Denver This record was acknowledged before me on August 21 , 2025 Andrew J. Waterbury (name[s] of individual[s]). en I Jor Notary Public Title of Office My Commission Expires: 07/11/2029 Copyright© 2018 Notary Acknowledgement.com. All Rights Reserved. (date) by (Seal) WENDI JORDAN Notary Public State of Colorado Notary ID t 20264028413 Mv Commission Exolres 07-11-2029 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A --------·------------- TOKIO MARINE --------HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIAL TY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation. Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Evan Moody, Jody L. Anderson, Karen Feggestad, Andrew J. Waterbury, Bradley Moody, Elizabeth Ostblom or Regina R. Hrovat of Denver, Colorado its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyshlp to include riders, amendments, and consents of surety, providing the bond penalty does not exceed •""Ten Million""' Dollars ( 0 •$10,000,000.00°• ). This Power of Attorney shall expire without further action on January 31'1 2028. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President. any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney{s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances. contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS BONDING COMPANY, UNITED STATES SURETY COMPANY, U.S. SPE~RANCE COMPANY ~::::::-?... , Daniel P. Aguilar,icePre 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, accurac or validit of that document. State of California County of Los Angeles On this 1st day of February 2024, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha~I seal. , Signature ~ ,PJ (seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attor~ey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. HCCSMANPOA02/1024 I I I Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A PWM26-3901FAC EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Re1ulatlon Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with ntle 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's, as well as all listed subcontractors, most recent CRC issu ed by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 12 City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A PWM26-3901FAC EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Re ulatlon. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: D The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. D The Fleet is exempt from the Regulation under Section 2449.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. D Contractor and/or their subcontractor is unable to procure R99 or RlOO renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). D The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ,!( The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name: Drew Simpson Title: President Date: b-( Z,u (-i..r Police & Fire Headquarter Awning Removal Cont. No. 4757 Page 13 City Attorney Approved 6/5/24 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A ACORD® I ~ I X I [8] X - ~ [8] □ -X - - - - - X ~ IXI XI I I □ I Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A I Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2025 forms a part of Policy No. 6586192 issued to AMER I VET CONTRACT I NG by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's 1 iabil ity arising out of the use of a covered "auto". I. SECTION II -LIABILITY COVERAGE, A. Coverage, 1. -Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Authorized Representative or Countersignature (in States Where Applicable) 87950 (10/05) Includes copyrighted material of Insurance Services Office, Inc. with its perm ission. Page 1 of 1 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2025 forms a part of Policy No. 6586192 issued to AMER I VET CONTRACT I NG by NAT IONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, A. -Loss Conditions, 5. -Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: ( 1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 (6/95) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A ENDORSEMENT This endorsement, effective 12:01 A.M . 03/01/2025 forms a part of Policy No. 6586192 issued to AMER I VET CONTRACT I NG by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, B., General Conditions, 5 ., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature (in States Where Applicable) 7 4445 ( 10/99) Includes copyrighted material of Insurance Services Office, Inc. with its perm ission. Page 1 of 1 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A Policy #QT630A 1249292 COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET LOSS PAYEES This endorsement modifies insurance provided under the COMMERCIAL INLAND MARINE COVERAGE PART The following is added to Section E -ADDITIONAL COVERAGE CONDITIONS: Loss Payable Provision In the event of a Covered Cause of Loss to Covered Property in which both you and a Loss Payee share an insurable interest, we will: a. Adjust the loss or damage with you; and b. Pay any claim for loss or damage jointly to you and the Loss Payee as your interests may appear. This endorsement applies to all Covered Property for which a Loss Payee is on file with us or your insurance agent or insurance broker. CM U618 OS 21 © 2021 The Travelers Indemnity Company Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 03/01/2025 Issued to AMER I VET CONTRACT I NG By A I U I NSURANCE COMPANY forms a part of Policy No. WC 11967534 We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 {Ed. 11/90) Counters;gned by _________________ -~~~~~~ Authorized Representative Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A Policy Number: CSIEL02085-00 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. This 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 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS {BLANKET} ENDORSEMENT This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY Name Of Additional Insured Person(s) Or Location(s) Of Covered Operations Organization(s) Automatic status as required in written contract or agreement with you. (1) Section Ill -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 arising out of your ongoing operations performed by that insured. (2) 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: A. 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 B. That portion of your work out of which the bodily injury or property damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions of this policy remain unchanged. CSI EL 000 0034 Page 1 of 1 Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A 1.. CALIFORNIA ' DEPARTMENT OF INSURANCE Docusign Envelope ID: 632ECBC3-B3A6-4FA2-AE55-EABB43E0C28A