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Trueline Construction & Surfacing Inc; 2025-10-09; PR-MPW-25011P
Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D October9th 25 Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PR-MPW-25011P This contract is made on the ______ day of __________ _, 20_ ("Contract"), by the City of Carlsbad, California, a municipal corporation ("City") and True line Construction & Surfacing, Inc., a California corporation whose principal place of business is 12397 Doherty St., Riverside, CA 92503 ("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 Temujin Matsubara (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute "public works" under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-2S011P Page 1 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR 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://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor's required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a .healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Proco re and review updated documents as they are added. There will be no cost to the Contractor for use of Proco re. 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 PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 2 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this 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 tj,e 'Contracfor-or subco ~ ac or from participating in contract bidding. / Signature..,._:--~~-~-:-,----- Print Name: 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 PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 3 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: non-scheduled. The automobile insurance certificate must state the coverage is for "any auto11 and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty-five (45) working days after receipt of Notice to Proceed. PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 4 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D CONTRACTOR'S INFORMATION. Trueline Construction & Surfacing, Inc. (name of Contractor) 662625 (Contractor's license number) A,C32;2/28/2026 (license class. and exp. date) 1000006579;6/30/2026 (DIR registration number/exp. date) 12397 Doherty St. (street address) Riverside, CA 92503 (city/state/zip) 951-817-0777 Tracking#: . (telephone no.) \ ,, . . J tvvl-\iri~4o e o,J-DOV-,~ ·trueline40@gffiBir.com- (e-mail address) AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. [signatures on following page] PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 5 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D CONTRACTOR Trueline or.1st\uction & Surfacing, Inc., a C U.f rnia corporation y: Edward Kruse, CEO (print name/title) By. (print name/title) Tracking#: CITY OF CARLSBAD, a municipal corporation of the State of California By: Kyle Lancaster, Parks & Recreation Department Director ATTEST: SHERRY FREISINGER, City Clerk Deputy 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 av: n~ ,t/{)IA,$ Deputy/ Assistant City Attorney PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 6 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: 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., to be & Expiration Date Classification Subcontracted & Expiration Date w Total% Subcontracted: ___ ,..[a ___ • __ The Contractor must perform no less than 50% of the work with its own forces. PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT %of Total Contract CONT. NO. PR-MPW-25011P Page 7 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: EXHIBIT B SCOPE OF WORK AND COST Scope of Work Summary: Repair and resurface restroom floors in blockhouses located at Holiday Park and Poinsettia Community Park using a multi-layer epoxy coating system. Procedure • Remove all existing epoxy coating from floor as-needed per site. • Power grinder, sander and scraper will be used to remove existing epoxy coating. • Apply one base coat of epoxy with aggregate broadcasted into wet epoxy to refusal. • Apply second coat of epoxy with aggregate broadcast. • Apply third coat of polyaspartic topcoat to all areas. • Includes cove base covering first course of block in all restrooms. • Floor color: Medium Tan. Site Locations • Holiday Park -Two Blockhouses: o Remove all existing epoxy coating from floor. o Level all low spots. o Install epoxy coating. o Cost: $20,345.10 • Poinsettia Community Park -Two Blockhouses: o Remove all existing epoxy coating from floor. o Level all low spots. o Install epoxy coating. o Cost: $24,525.60 Other Costs • Labor & Materials Bond: o Cost: $1,346.21 Total Cost: $46,216.91 * *Includes labor and materials bond, prevailing wage, taxes, fees, expenses and all other costs. PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 8 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Premium subject to adjustment based on final contract price EXHIBIT C LABOR AND MATERIALS BOND Tracking#: Bond No. 100989787 Initial Premium: $924.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Trueline Construction & Surfacing, Inc. (hereinafter designated as the "Principal"), a Contract for: PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONTRACT NO. PR-MPW-25011P 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, Trueline Construction & Surfacing, Inc., as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty-six thousand two hundred sixteen and 91/100 dollars ($46,216.91), 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 PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 9 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: 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. 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 single, original instrument. SIGNED AND SEALED, this _5_t_h ___ day of ________ S_e_p_te_m_b_er ___ , 2025. Trueline Construction & Surfacing, Inc. -------::==---=-----:-"'::..........:,..,...._ ___ (SEAL) American Contractors Indemnity Company (SEAL) (Surety) ------c-"'"-a..._ \ ' \ (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM : CINDIE K. McMAHON City Attorney By: ft!-\.\ ¼()IA,$ Deputy / Assistant City Attorney PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 10 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D ACKNOWLEDGMENT 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 Orange on ___ S E_P_O_5_2_0_2_5 __ before me, ____ N_at_a_lie_La_n_d_a_, _N_o_ta_ry_P_ub_l_ic ___ _ (insert name and title of the officer) personally appeared ____________ V_in_c_e_n_t_A_n ____________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 hand and official seal. c(i/- Signature _____________ _ ~---·········~ N.1.Al.iE ..ANDA : ti Motlry ?ubltc • Caltfornla 1 J . Oran11e County ,; ~ Ccmmlsslor t 2496656 ~ •' ~ My Comm. Exw os A.g 5, 2028 (Seal) Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D TOKIO MARINE HCC KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, VINCENT AN its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number _____ 1_0_0_9_89_7_8_7 _____ , issued in the course of its business and to bind the Company thereby, in an amount not to exceed __________ F'""""i-'-ve.;:;__;_cm=il_;_;_lio:;_;_n-'--a=n_;_;:d;_0::....:0:..:..../1-'--'0:....::0 __________ ('--=$5=,-=-00=0=-,=00""'0=....,..0=0=---)- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the pt day of September, 2011. "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." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors lndem~/J,¥,,,,Q,pmpany has caused its seal to be affixed hereto and executed by its President on this 20th day of November, 2024. ,,,,,,,~l'-~~T()F/;11'•,,,"'" /~?.~/ ~<>d\ AMERICAN CONT CTORS INDEMNITY COMPANY tt~f;\~'//'.;~ By ______ A_d_a-""f':.La<Lq""-'....,,.u.,£-'--------- /,,,,,,11,•04iiFQRN'~ \,,,v'" A Notary Public or other officer completing this certificate -~~'Pi Ies 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 20th day of November, 2024, before me, D. Littlefield, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity 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. WITNESS my hand and official seal. (seal) I, Kio Lo, Assistant Secretary of A erican Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and cormct tram,•,~ripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF,, I have hereunto set my hand and affixed the seals 0f said Companies :;it Los Angeles, California this 5th S t b 2025 "'"""""'"'1 day of ep em er • /'~~~~crn1!~~~:'-',,_ ,......tD __ ~~~~~oNo 10 ~~~~ 87 (r:~::~•::.~) Kio Lo. AAsi™o Visit tmhcc.com/surety for more informat1cn'',,,.,,~.:,,O,~,.""'''. HccsozzroAAcIc1212024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https ://ww2 .a rb. ca .gov/ ou r-wo rk/progra ms/ use-road-d iesel-f ueled-fleets-regu lation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC)for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 11 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Tracking#: EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: g: 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.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). □ 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 . . I L----+-. Signature: __ ___,..,._ _ __._..'-----+-....,..'------------- Name: Jan Bangs Title : Vice President Date: 9.9.2025 PARK BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONT. NO. PR-MPW-25011P Page 12 City Attorney Approved 6/5/2024 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D~ CALIFORNIA AIR RESOURCES BOARD Issue Date: 9/3/2025 Start Date: 9/3/2025 Expiration Date: 2/28/2026 Vehicle Information Vehicle Compliance Certification Vehicle Identification Number (VIN): 3C7WRMFL4HG753811 Vehicle License Plate: DD13S32 Vehicle Make: Vehicle Model Year: 2017 Vehicle Model: Business Information Company/Entity Name: Trueline Construction & Surfacing, Inc. Entity ID: E121731 Primary Address: 12397 Doherty Street, Riverside, CA 92503, USA ~ CLEAN TRUCK CHECK --Certification ID: VCC1006085944 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/10/2025 Foundation Risk Partners dba Millennium Risk Mgmt & Ins Services301 E Colorado Blvd Ste 205Pasadena CA 91101 Nancy Barajas 818-844-4107 818-638-7907 nancyb@mcsins.com License#: 0M93299 Mt. Hawley Insurance Company 37974 TRUECON-01 Ohio Security Insurance Company 24082Trueline Construction & Surfacing, Inc.P.O. Box 70269Riverside CA 92513 Everest Premier Insurance Company 16045 American Fire and Casualty Company 24066 1211843751 A X 1,000,000 X 50,000 X $5K ded-BI/PD/PI 5,000 1,000,000 2,000,000 X Y MGL0201449 7/25/2025 7/25/2026 2,000,000 Employee Benefits 1,000,000 D 1,000,000 X X X X COMP-$1K X COLL-$1K BAA (26) 56 94 56 05 7/25/2025 7/25/2026 A X X 4,000,000MXL04430737/25/2025 7/25/2026 4,000,000 X $0 C XY76000166182517/25/2025 7/25/2026 1,000,000 1,000,000 1,000,000 B Business Personal Property BKS (26) 56 94 56 05 7/25/2025 7/25/2026 LimitDeductible 89,9071,000 Subject to all policy terms, exclusions and conditions. Re: Park Blockhouse Floor Repair & Surfacing Project minor public works. The City of Carlsbad, its officials, employees, and volunteers, where required by written contract, are named as additional insured for General Liability forongoing & completed operations with primary wording; with waiver of subrogation for WC; all per forms attached for review. *30 day notice of cancellation/ 10days notice for non-payment of premium. City of Carlsbad1200 Carlsbad Village DriveCarlsbad CA 92008 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D ~® ACORD ~ ~ □ ~ ~ R □ ~ ' ~ ' ' I I □ □ ~ ' H I I I □ AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Millennium Risk Management & Insurance Services POLICY NUMBER CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes Page Rented/Leased Equipment: Carrier: Ohio Security Ins Company I Policy#: BKS56945605 / Term: 07/25/2025 to 07/25/2026 / Limit: $25,000 with $1,000 deductible Pollution Liability: Carrier: Hanover Specialty Ins Brokers, Inc./ Policy Term: 7/25/2025 - 7/25/2026 / Pol#: RO-SPEC207-03 / Limit: $2,000,000 Per Occurrence / $2,000,000 Aggregate w/ $5,000 deductible of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRUELINE CONSTRUCTION & SURFACING Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Policy Number: MGL0201449 Mt. Hawley Insurance Company 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 in surance available to the additional insured. This insurance is primary to and will not seek con tribution 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 04 13 © Insurance Services Office, Inc., 2012 Insured Page 1 of 1 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS W AIYER OF RIGHT FROM US PRIOR TO INJURY. JOB DESCRIPTION BLANKET W AIYER OF SUBROGATION 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: 07/25/2025 Policy No. 7600016618251 Endorsement No. 001 Insured: Trueline Construction & Surfacing, Inc. Premium$ INCL. Insurance Company: Everest Premier Insurance Company Countersigned By: ___________________________ _ -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. 6 Policy Number: MGL0201449 Mt. Hawley Insurance Company 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: All persons or organizations where required All Locations by written contract executed prior to the commencement of your work. 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 in clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respectto liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole orin part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on yourbehalf; 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 insuredonly applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the in surance 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 theseadditional insureds, the following additional exclusionsapply: 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 theproject (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the coveredoperations has been completed; or 2.That portion of "your work" out of which the injuryor 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 04 13 © Insurance Services Office, Inc., 2012 Insured Page 1 of 2 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Insured Page 2 of 2 Policy Number: MGL0201449 Mt. Hawley Insurance Company 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) Location and Description of or Organization(s) Completed Operations All persons or organizations where required by written All Locations and All Projects contract executed prior to the commencement of your work. 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) ororganization(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 insur ance afforded to such additional insured will not 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 SectionIll -Limits Of Insurance: If coverage provided to the additional insured is re quired 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. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Insured Page 1 of 1 Docusign Envelope ID: 9F9F97F5-11CD-44D1-BF27-EBDD73447E8D