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LC Paving & Sealing Inc; 2025-12-19; PWM25-3885TRAN
PWM25-3885TRAN Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ESTRELLA DE MAR ASPHALT REPAIR This contract is made on the ______________ day of _________________________, 2025 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and L.C. Paving & Sealing, Inc., a California corporation whose principal place of business is 620 Alpine Way, Escondido, CA 92029 ("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: Matt Paxson (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 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 19th December PWM25-3885TRAN Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 2 City Attorney Approved 6/5/24 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 Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 PWM 25-3885TRAN 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 the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: Jose A. Salinas 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. Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 3 City Attorney Approved 6/5/24 PWM25-3885TRAN Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 4 City Attorney Approved 6/5/24 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 thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. L.C. Paving & Sealing, Inc. 620 Alpine Way (name of Contractor) 621610 (street address) Escondido, CA 92029 (Contractor’s license number) A, B, C-12 and 8/31/2025 (city/state/zip) 760-752-1743 (license class. and exp. date) 1000004325 and 6/30/2027 (telephone no.) Shawn@LCPaving.com (DIR registration number and exp. date) (e-mail address) Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 PWM 25-3885TRAN 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. CONTRACTOR L.C. PAVING & SEALING, INC., a California corporation By ~ (sign here) Jose A. Salinas, President & Chief Financial Officer (print name, title) By: (sign here) (print name, title) CITY OF CARLSBAD, a municipal corporation of the State of California By: PAZ GOMEZ, iifWJ~~anager, Public Works, as authorized by the City Manager ATTEST: SHERRY FREISINGER, City Clerk By: If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f..E. 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: ___________ _ Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 5 City Attorney Approved 6/5/24 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 PWM25-3885TRAN 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 to be & Expiration Date Classification Total Subcontracted & Expiration Contract Date No06 Total% Subcontracted: ------- The Contractor must perform no less than 50% of the work with its own forces. Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 6 City Attorney Approved 6/5/24 PWM25-3885TRAN Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 7 City Attorney Approved 6/5/24 EXHIBIT B ESTRELLA DE MAR ASPHALT REPAIR The Contractor shall repair and replace approximately 1728 square feet of asphalt that has sunk due to poor compaction located on Estrella De Mar across the whole width of the roadway between Dove Lane and Alga Road. Contractor’s work includes but not limited to: calling for utility location, traffic control, saw cutting or cold milling and removal of existing asphalt, installing class 2 base and compacting (to Greenbook Standards), application of SS1H tack coat to all vertical surfaces, pave road at 6” using standard Greenbook specifications in 3” lifts. Before any work can start contractor shall obtain for a right-of-way permit, traffic control plan, and post message boards about the upcoming traffic delays 2 weeks prior to project start. If bonding is required, Contractor will add 3% to the current estimate at time of billing. Contractor is responsible to obtain a water meter from Carlsbad Municipal Water District if any city water is needed during the project. Any road cleanup from debris left after project must be cleaned up by the contractor before leaving the project site. All subcontractors must be added to the contract in exhibit A prior to execution of the contract. All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, latest edition, the 2021 Standard Specifications for Public Works Construction (Greenbook), 2018 Caltrans Standard Plans and Caltrans Specifications and California Manual on Uniform Traffic Control Devices. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 EA 1 Mobilization $12,500 2 EA 1 Traffic Control $8,500 3 SF 1,728 A/C Pavement Removal & Underlying Material $15,552 4 SF 1,728 Grading and Subgrade Prep $3,456 5 Ton 65 6” A/C Paving $19,500 TOTAL* $59,508 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 PWM25-3885TRAN Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 8 City Attorney Approved 6/5/24 EXHIBIT B (CONTINUED) SITE IMAGES ESTRELLA DE MAR ASPHALT REPAIR Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 EXHIBIT C LABOR AND MATERIALS BOND PWM25-3885TRAN Bond Number: GM252607 Premium: $1,488.00* * Subject to Adjustment Based on Final Contract Price WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to L.C. Paving & Sealing, Inc. (hereinafter designated as the "Principal"), a Contract for: ESTRELLA DE MAR ASPHALT REPAIR CONTRACT NO. 60013 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, LC. Paving & Sealing, Inc., as Principal, (hereinafter designated as the "Contractor"), and Great Midwest Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty nine thousand five hundred and eight dollars, $59,508 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. Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 9 City Attorney Approved 6/5/24 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 PWM25-3885TRAN 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 ___ 16_th ___ day of ______ S_e~pt_em_b_e_r _____ ., 2025 _LC_P_av_in--=-g_&_S_e_al_in-=-g,_ln_c_. ______ (SEAL) _G_re_a_t M_i_dw_e_s_t l_ns_u_ra_n_ce_C_o_m_p_an_y _____ (SEAL) (Principal) (Surety) (Signature) (Signature) .JI¾ St.Jw,as, 1 (~,kvti (Name/Title) Lawrence F. McMahon, Attorney-in-i=~ct __ _ (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By:------------ As~rt!f~Attorney Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 10 City Attorney Approved 6/5/24 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 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 San Diego before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_S_a_l_in_a_s ______________________ _ 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. Signature~ ~ (Seal) 1 MARISAANN HAAS Notary Publfc • Callfor~la San Diego Ccuntv I • Commission it 2466819 :: •' My Comm. Expires Oct 17~ 2027 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 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 San Diego on September 16, 2025 before me Minna Huovila, Notary Public '--------------------(insert name and title of the officer) personally appeared Lawrence F. McMahon 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. 0~ Signature-~ ........... --....:.=~----.;;;._---=-"-----(Seal) I •.• 0 z, 7 0 Ml~NA HUOVILA f ,...@•"t COMM. #2473536 o ~ .. a; NOTARY PUBLIC -CALIFORNIA u, 0 SAN DIEGO COUNTY ~ I ' · My Commission Expires 1 DECEMBER 6, 2027 • Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office in Houston, TX, does hereby constitute and appoint: Sarah Myers, Janice Martin, Maria Guise, Ryan Warnock, Lawrence F. McMahon, Maria Hallmark its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 1st day of April, 2025 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed One-Hundred Million dollars ($100,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In- Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power o Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such power and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 8th day of April, 2025. BY ACKNOWLEDGEMENT GREAT MIDWEST INSURANCE COMPANY Mark W. Haushill President On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. CHRISTINA BISHOP My Nolaly ID# 131090488 Expires April 14, 2029 CERTIFICATE BY ~..Mt ✓ Christina Bishopttf Notary Public I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY tha the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sea!eC: ,"1\t Houston, TX this September 2025 ____ Day of __________ _ 16th BYQ (~W- Secretary "WARNING: Any person w/io knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. PWM25-3885TRAN Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 11 City Attorney Approved 6/5/24 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city’s ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 Docusign Envelope ID: AA5C2CE3-8F1E-434C-A4B6-58261E23ADE9 PWM25-3885TRAN 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: ~ 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 RlO0 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. Name of Contractor: LC. Paving & Sealing, Inc. Signature:___.___,.,...._~~V __ _ Name: Jose A. Salinas Title: President & Chief Financial Officer Date: Estrella De Mar Asphalt Repair CONTRACT NO. 60013 Page 12 City Attorney Approved 6/5/24 Do c u s i g n E n v e l o p e I D : A A 5 C 2 C E 3 - 8 F 1 E - 4 3 4 C - A 4 B 6 - 5 8 2 6 1 E 2 3 A D E 9 California Environ1nental Protection en OFF•R~ AirR ources Board ••\• ~,,. FREPok • DIESEL VSHIC~E is issued.to LC tilYING & ·.~ iNc . ',,.,•·,.,><:.,. •', ' • '1::,''·'."<,:·..:,;·:· t~)~ .. reportoo a ~rt~1mi c~t MO~ s~~ CMttYot lJtiililoo C~i!f~ Air lll!,;;nllitt½ em.rd ;/<\'•: t,-~I'~ 111, .~ df,,.fmd dle;e! vemc~g i:Q· ~ ~!~rm Wlh t~ 13 ~~~It ~l'ft 1 or agency must ,~ ~fMmble oompiiet~, ~sethls ir'"2/28/2816 Off-fOld ~ Aflt kkffllk6R 5298 To \/MltJ m.:ll~~!i'.11~ ~thiu~~~. ~tti!Mltlffi~&t http://www.arb.ca.gov/doorsfoornpUam:e _cert1 .html ~ ~RD 8 CERTIFICATE OF LIABILITY INSURANCE I DA 'fE (MMfDD/YYVY) 09/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATl\1:1.Y OR NEOATIVELY AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINO INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must haVe ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of ihe policy, certain policies may require an endorsement. A statement on this certificate does not confer ri~ to the certificate holder in lieu of such endorsement(s). PRODUCER NAME'?~' CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY (Aic~~ •. tx11, see-333-4949 I IAIC, Nol: 507-446-4664 HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55060 ~fe>1iss: CLIENTCONTACTCENTER@FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED INSURER B: LC. PAVING & SEALING, INC. INSURER C: 620 ALPINE WAY ESCONDIDO, CA 92029-1204 INSURER D: INSURER E, INSURER F: COVERAOES CERTIFICATE NUMBER· 23 REVISION NUMBER: 0 THIS 16 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 ANT CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA.Y PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS;ONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA TYPE OF INSURANCE ADDL INSA SUBR wvo POUCY NUMBER ,J/l.M%TvW.,. r&8'J,1JYv'v~1 LIMITS X COMMERCIAL GENERAi. UABILITY EACH OCCURRENCE $1,000,000 ~ ::=JcLAIMS-MADE @occuR R~~!~~JElfTED PREMISES $100,000 -"' MED EXP (Al'I,-11ne peBan) $5,000 A -y N 1845867 11115/2025 11/15/2026 $1 000,000 PER.SONAL 6 PlJV INJURY ~ 0£N\. ADCIREOATE LIMlT APPLIES PER: tiENER'AL AO<.REOATE $2 000 000 POUC~ us: □ LOC PRODUCTS ~ COMP/OP ACC $2,000,000 OTHER: COMBINED SINGLE LIMIT $1,000,000 AUTOMOSILE LIABILITY (Ea accident) -X ANYAUTO BODIL V INJURY jPer Parson) --SCHEDULED N N 1845867 11/15/2025 11/1512026 BODILY INJURY !Per Accident) A OWNEO I\UTOS OOL Y -~ AUTOS rp~~i~iZ,~AMME HIRED AUTOS ONLY NON-OWNED -_ AUTOS ONLY X UMBRELLA LIAS X OCCUR EACH OCCURRENCE SS,000,000 -t-A EXcESSUAB CLAIMS-MADE N N 1845866 11/15/2025 11/15/2026 AO0REOATE ss,000,000 OED I IRE TENTier< WORKERS COMPENSAT•ON I PER STATUTE I PTHER ANC> EMPLOYERS' LIABILITY YIN MY PROPRIEiORIPAA:TNERI EJ<ECUTIVE C E.L EACH ACCIDENT OFflC:£RIMEMBER EXCLUDE.07 NIA (Mandatory In NH. E.L DISEASE EA EMPLOYEE If yn., dncriba ..-.• E.L DISEASE • POLICV LIMIT . DESCIUPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I ViHICLES IACOlllO 1D1. Addltloral Rem1r'k1 Sehld:a.11■, may NI .inacntd It more ,space Is requlrad) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMWD 23 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED C/0 EXIGIS INSURANCE COMPLIANCE SERVICES PO BOX 947 BEFORE THE.EXPIRATION DATE THEREOF, NOTICE WIU. BE DELIVERED IN MURRIETA, CA 92564-0947 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ))JL t.~ @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks ol ACORD AGENCY CUSTOMER 10; ---------------------LO C #: ___________________ _ ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY LC. PAVING & SEALING, INC. 620 ALPINE WAY POLICY NUMBER ESCONDIDO, CA 92029-1204 SEE CERTIFICATE # 23.0 CARAIE:R I NAJC CODE EFFECTIV,: DATE: SEE CERTIFICATE # 23.0 SEE CERTIFICATE # 23.0 ADDITIONAL REMA.RKS THIS ADDITIONAL REMARKS FORM IS A. SCHB>Ul.E TO ACORD FORM, FORM NUMBER; 25 FORM TITLE: CERTIFICATE Of LIABILITY INSURANCE BIO NO. PWS22-1S82TRAN; Cl»-4TRACT NO. 6042 EI CANINO REAL ANO CANNON ROAD INTERSECTION IHPROVEHENTS -PHASE II THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIHARY AND NONCONTRIBUTORY OVER OTHER INSURANCE SUBJECT TO THE CONDITIONS OF THE PRIMARY AND NONCONTRIBUTORY CLAUSE-OTHER INSURANCE CONDITION. I ACORD 101 (2008/01) ~ 2008 ACORD CORPORATION, All rights reseM!d. • The ACORD name and logo are registered mar1ts of ACORD 'I ii 'j l I I COMMERCIAL GENERAL LIABILITY CG 20 0112 19 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 LIQUOR 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 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 (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. © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 20 011219 Policy Number: 1845867 Transaction Effective Date: 11/15/2025 COMMERCIAL GENERAL LIABILITY. CG 20 331219 THIS ENDORSEMENT CHANGES °THE POLICY. PLEASE. READ IT CAREFULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION -AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when . you · and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; • in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law: and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. . A person's or organization's status . as an additional insured under this endorsement ends when your operations for that additional insured · are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering· of, or the _failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. © Insurance Services Office, Inc., 2018 Page 1 of 2 CG 20 33 12 19 Policy Number: 1845867 Transaction Effective Date: 11/15/2025 2. ''.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 injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional. insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of2 © Insurance Services Office, Inc., 2018 CG 20 33 12 19 Policy Number: 1845867 Transaction Effective Date: 11/15/2025 LCPAVIN-01 LDING ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 9/11/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0C36861 ~~I~cT Hailey Aguirre San Diego-Alliant Insurance Services, Inc. PHONE I FAX 701 B St 6th Fl (A/C, No, Ext): (A/C, No): San Diego, CA 92101 xf/J~ss: Hailey.Aguirre@alliant.com INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A: Service American lndemnitv Comoanv 39152 INSURED INSURERB: LC Paving & Sealing, Inc. INSURERC: 620 Alpine Way INSURERD: Escondido, CA 92029 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD IMM/DDNYYYl IMM/DDNYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ □ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES !Ea occurrence) $ ~ MED EXP IAnv one oersonl $ ~ PERSONAL & ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY □ ~rg: □ LOG PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED ~ SCHEDULED ~ AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident) $ HIRED ~8foi"b~1.~ rp~?~a:i~t?AMAGE $ ~ AUTOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION X I ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N X SAMTWC10018203 9/12/2025 9/12/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ ™' FICER/MEMBER EXCLUDED? N/A 1,000,000 andatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} RE: All Projects. Waiver of subrogation applies to the Workers Compensation but limited to the operations of the Insured under said contract, and always subject to all the policy terms, conditions and exclusions per endorsements attached. Cancellation wording applies per the terms and conditions of the attached form when required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box947 Murrieta, CA 92564 AUTHORIZED REPRESENTATIVE ~~2)-/~ I (;.. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 per- form 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 otherwise due on such remuneration. Person or Organization 0 . 0 2 0 % of the California workers' compensation premium Schedule Blanket waiver of subrogation as required by written Job Description contract 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 Date 09/12/2025 Policy No. SAMTWC10018203 Policy Effective Date: 09/12/2025 to 09/12/2026 Insured: LC Paving & Sealing Inc. OBA: Carrier Name/ Code: Service American Indemnity Company Endorsement No. Premium$ (Method) /' 0 -~ ½ Countersigned by --~-----=----4--"'-ct==------ WC 04 03 06 (Ed. 4-84) Page 1 of 1