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HomeMy WebLinkAboutSouthern Contracting Company; 2018-05-08; PWM18-144GSRECORDED REQUESTED BY DOC# 2018-0426652 1111111111111111111111 llll llllll lllll lllll lllll lllll l/1111111111111111 CITY OF CARLSBAD Oct 15, 2018 11 :19 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, AND WHEN RECORDED PLEASE MAIL TO: SAN DIEGO COUNTY RECORDER FEES. $0 00 (SB2 Atkins $0.00) PAGES. 1 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: 164910100 NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full names of the undersigned are City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on 9/26/2018. The name of the contractor for such work or improvement is Southern Contracting Company. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM18-144GS, Project Name Underground Utility Repair at Levante St. Between Ladera Ct. and Cambre Ct. The street address of said property is 2000 Levante St., in the City of Carlsbad. CITY OF CARLSBAD fl{ ~,.Jr,, k::: ff, City Manager 27 VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City W:bad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on · ~ / 0 , 20 18 , accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on {)c.J--, IQ.. , 20 I~ at Carlsbad, California. (1 OF CARLSBAD rJ/WledPL Im~ LJARBARA ENGLESON v-City Clerk Q \Public Works\PW Common\Agreements & Contracts\Contracts\2018 Contracts\MINOR PUBLIC WORKS\Southern Contracting Company\Levante Underground Utility Repair\6 NOC -!!JSlf Levante Underground Utilities Repair.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Southern Contracting Company has completed the contract work required for PWM18-144GS - Underground Utility Repair at Levante St. Between Ladera Ct. and Cambre Ct. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Repair underground utilities including three new access boxes on Levante Street VALUE $37,500.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS Engine~¼ _/ D_oa-;e_z_-_(_'t ____ _ CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. ~✓c~ Scott C~adwicc2ty Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By NJ~ J ~ Deputy ClyAttorney Q:\Public Works\PW Common\Agreements & Contracts\Contracts\2018 Contracts\MINOR PUBLIC WORKS\Southern Contracting Company\Levante Underground Utility Repair\7.API -Levante Underground Utilities Repair.doc Tracking#: PWM18-144GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT This agreement is made on the ~ day of-:---:-:--L..l.----7.'~-=±-:---::-:--------,:--' 2018, by the City of Carlsbad, California, a municipacorporation, (hereinafter called ity"), and Southern Contracting Company, a California Corporation whose principal place of business is 559 Twin Oaks Valley Road, San Marcos, CA 92079 (hereinafter called "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, 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: Clayton Dobbs (City Project Manager) WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT Page 1 of 8 City Attorney Approved 9/27/16 Tracking#: PWM18-144GS 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 agreement 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 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: F'hWpE. W~n.~resident 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 of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (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. UNDERGROUND UTILITY REPAIR AT LEVANTE ST BElWEEN LADERA CT AND CUMBRE CT Page 2 of 8 City Attorney Approved 9/27/16 Tracking#: PWM18-144GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the 1parties arising out of this agreement is San Diego County, California. ' Start Work: Contractor agrees to start within twenty (20) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work \11/ithin twenty (20) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Southern Contracting Company (name of Contractor) 222252 (Contractor's license number) Class A, C10 12/31/18 (license class. and exp. date) 1000002172 (DIR registration number) 6/30/18 (DIR registration exp. date) UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT Page 3 of 8 559 Twin Oaks Valley Road (street address) San Marcos, CA 92079 (city/state/zip) 760-7 44-0760 (telephone no.) 760-744-6475 (fax no.) Slawton@Southerncontracting.com (e-mail address) City Attorney Approved 9/27/16 Tracking#: PWM18-144GS AUTHORITY. The individuals executing this Agreement 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 Agreement. CONTRACTOR SOUTHERN CONTRACTING COMPANY, a California Corporation Philip E. Waterman, President (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Luk /Pub· Works Director the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f..1! corporation, Agreement 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: I CELIA A. BREWER, City Attorney BY: ~ Deputy City Attorney UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT Page 4 of 8 City Attorney Approved 9/27 /16 .. .· .. -. ·;:1 P.O 81>'.< ·-i-.~~ 1 SJ·l i\·lc1(C1)3, CJ\ g-·2019-0·:l-~'.-1 fer 760·7-l-i-0760 F{1, 7GU 7-t-t-G-l/::) CORPORA TE RESOLUTION \N;~bsi cc· ww·.v. sou th 1.~ rr1<.:'Ji1 tr a ctin_.~. c,1 ·n Ern-:111: Nlailr~s0utt1:!rnGontr:icting c1111; "RESOLVED that Philip E. Waterman, whose signature appears below, of this corporation are hereby authorized, in the name of the corporation to execute a Contract/Note/Security AgreemenWehicle Lease Agreement/Fleet Lease Agreement/Conditional Sale with such sums, upon such term, and as often as may seem advisable to such persons." "The authority herein conferred shall continue in full force and effect until written notice of its revocation shall be received by said dealer or any holder of any of the above described interments executed prior to any such revocation." AUTHORIZED SIGNATURE ~--~ ~ \ = ~t==-~--------.. Signature Philip E. Waterman I Richard W. McBride, of Southern Contracting Company, Hereby certify that the forgoing is a true copy of the resolution duly and legally adopted by the Board of Directors of said corporation, at a legal meeting of said Board duly and regularly held November 15, 2013, and that the signatures appearing above are genuine signatures of the person mentioned is said resolution and authorized to act of said corporation as set forth in said resolution. I further certify that said resolution has not been amended or revoked and am still in full force and effect. Dated: November 15, 2013 Tracking#: PWM18-144GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor 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 sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor 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 Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract "NONE" Total% Subcontracted: ___ -_o_-__ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT Page 5 of 8 City Attorney Approved 9/27/16 .. Tracking#: PWM18-144GS EXHIBIT B Underground Utility Repair at Levante St Between Ladera Ct and Cumbre Ct Trenching to start at the southwest corner of Levante and Cima court, crossing Levante approximately 65 feet under the sidewalk, curb and gutter and asphalt, Install new pool box then connecting to street light pole 3707 approximately 185' to the north then 185' to the south to street light pole 3702 with new 1 inch conduit Schedule 40, #8 wiring, energize light poles, all as shown on Exhibit D. Work shall include installation and maintenance of traffic control per the California MUTCD, trench excavation and backfill, pavement restoration per City of Carlsbad trench backfill and restoration standard drawing GS-24, installation of 1" conduit and conductors between all street lights, installation of new pull boxes, All work is to meet Section 306 and Section 700 including all other applicable cross-references to underground conduit construction in the Standard Specifications "Greenbook". JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Installation of new conduit, conductor, and pull $37,500.00 boxes between existing street lights as shown on Exhibit "D". 2 LS 1 Bond $412.50 TOTAL* $37,912.50 *Includes taxes, fees, expenses and all other costs. UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT Page 6 of 8 City Attorney Approved 9/27 /16 1 EXHIBIT C LABOR AND MATERIALS BOND EXECUTED IN DUPLICATE BOND NO. 106843915 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT PREMIUM: $263.00 BASED ON FINAL CONTRACT PRICE Tracking#: PWM18-144GS WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Southern Contracting Company (hereinafter designated as the "Principal"), a Contract for: UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT CONTRACT NO. 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, Southern Contracting Company, as Principal, (hereinafter designated as the "Contractor"), and TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-seven thousand five hundred dollars ($37,500), 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. UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT Page 7 of 8 City Attorney Approved 9/27/16 Tracking#: PWM18-144GS 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. Executed by CONTRACTOR this 20TH day Executed by SURETY this ___ 2_0_TH __ day of ___ A_P_R_IL ______ , 20~. CONTRACTOR: SOUTHERN CONTRACTING COMPANY (name of Contractor) ~-~---~~\ (sign here) PHILIP E. WATERMAN (print name here) PRESIDENT (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) of ____ A_P_R_IL _____ , 20..1.§__. SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (name of Surety) 21688 GATEWAY CENTRE DRIVE DIAMOND BAR, CA 91765 (address of Surety) 909/612-364 7 (telephone number of Surety) By: 111~ t). J_'~ (signature of Attorney-in-Fact) MARK D. IATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ik~ Deputy City Attorney UNDERGROUND UTILITY REPAIR AT LEVANTE ST BETWEEN LADERA CT AND CUMBRE CT Page 8 of 8 City Attorney Approved 9/27/16 " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego 04/20/2018 Lynn R. Murison-Eroles, Notary Public On __________ before me,---------------------~ Date Here Insert Name and Title of the Officer personally appeared _______ P_h_i1t_·p_E_._w_a_t_er_m_a_n _________________ _ Name(s) of Signer(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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ~-and official seal. ~ Signatu . ,, . , -/J . t/U()t}///4~ ----------------oPT/ONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: __ o4_1_2_01_2_0_1s ___ _ Number of Pages: 2 Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Philip E. Waterman Signer's Name: ____________ _ Og Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ D Partner - 0 Limited O General 0 Partner - 0 Limited O General 0 Individual O Attorney in Fact D Individual D Attorney in Fact 0 Trustee O Guardian or Conservator D Trustee D Guardian or Conservator 0 Other: _____________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 P.O 8(L( ,i,r~:1 ' 5J:l t\.lct(C1)_~, C/, :)',2019-0·+ ~:,j ' ful 7!J() /44-0/GO ' F~1·,. 7GU" 7 t.~ 1)-l/~) CORPORATE RESOLUTION \N :":. l):;j cc· \".' ww. south,; r n<; ·') n tr d ct in-~-~-t.: ,) ·n Eni.-lil: Nlai!(f:10u tt1 ::!rn co:1 tr acting c1111; "RESOLVED that Philip E. Waterman, whose signature appears below, of this corporation are hereby authorized, in the name of the corporation to execute a Contract/Note/Security AgreemenWehicle Lease AgreemenUFleet Lease AgreemenUConditional Sale with such sums, upon such term, and as often as may seem advisable to such persons." "The authority herein conferred shall continue in full force and effect until written notice of its revocation shall be received by said dealer or any holder of any of the above described interments executed prior to any such revocation." AUTHORIZED SIGNATURE ~\-:~r~-~-----.... Signature Philip E. Waterman I Richard W. McBride, of Southern Contracting Company, Hereby certify that the forgoing is a true copy of the resolution duly and legally adopted by the Board of Directors of said corporation, at a legal meeting of said Board duly and regularly held November 15, 2013, and that the signatures appearing above are genuine signatures of the person mentioned is said resolution and authorized to act of said corporation as set forth in said resolution. I further certify that said resolution has not been amended or revoked and am still in full force and effect. Dated: November 15, 2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On __ 4'""'/2=0=/2=0'-'1-=-8 ____ before me, ___ H_E_LE_N_E_. W_H_E_A_L_D_O_N_, _N_O_T_A_R_Y_P_U_B_L_IC ___ ~ Date Here Insert Name and Title of the Officer personally appeared __________ M_A_R_K_D_._I_A_TA_R_O_L_A ___________ _ Name(e) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name(s-) is,lafe subscribed to the within instrument and acknowledged to me that he/she/'U'ley executed the same in his/-l=leli"l:heir authorized capacityEies}, and that by his!l'leFAl'leir signature~ on the instrument the person~. or the entity upon behalf of which the person~) acted, executed the instrument. HELEN E. WHEALDON COMM. #2194350 z Notary Public · California ~ San Diego County ... Comm. Ex ires A r. 28, 2021 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature v/tk E_ 1vkJ/4 Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Titl_e(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual IXl Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 .... TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mark D. Iatarola, of Escondido, California, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Sefifor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Marril C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 20TH day of APRIL , 2018 To verify the authenticity of this Power c' ,-1ttorney, please call us at 1 ·800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. EXHIBIT "D" -New Street Light Conduit & Conductor X @ OnP01nt Map V=•r X fj ln<IM Cacsbad ________ ..., CJ GlS Map Lis11ng C (D 91smaps/pwMap/WebPages/Map/FundyV1ewer.aspx )( --*IO :=· App< lmportod From IE ACORD® CERTIFICATE OF LIABILITY INSURANCE l DATE (MM/DD/YYYY) ~ 4/27/2018 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 15 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 SullivanCurtisMonroe Insurance Services CONTACT Jennifer Bernal NAME: 980 Montecito Drive PHONE 951 493 3315 I FAX Suite 105 I A It"" Nn C-t,\. IA/C Nol: E-MAIL ibernal@sullicurt.com Corona , CA 92879 ADDRESS: INSURER/SI AFFOROING COVERAGE NAIC# www.SullivanCurtisMonroe.com License # OE83670 INSURER A: Hartford Fire Insurance Comoanv 19682 INSURED INSURERB: Hartford Casualtv Insurance ComDanv 29424 Southern Contracting Company INSURERC: Travelers Prooertv Casualtv Co of Amer 25674 P.O. Box445 San Marcos CA 92079 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 41584980 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. ADDL SUBR INSR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,ucn ',.,un POLICY NUMBER /MM/ODNYYYI /MM/DDNYYYI LIMITS A J__ COMMERCIAL GENERAL LIABILITY I 72UEAPT0574 10/1/2017 10/1/2018 EACH OCCURRENCE $1 000 000 :::J CLAIMS-MADE W OCCUR DAMAGE TO RENTED >----PREMISES /Ea occurrencel $300 000 J__ XCU Included MED EXP (Any one person) $ 10 000 >----PERSONAL & ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =1 0 PRO-DLOC PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 72UEAPT0696 10/1/2017 10/1/2018 COMBINED SINGLE LIMIT /Ea accidenti $1000000 - ..L ANY AUTO BODILY INJURY (Per person) $ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY r--AUTOS ..L HIRED ~ NON-OWNED iP~7~t~d~gAMAGE $ AUTOS ONLY AUTOS ONLY Comp Ded $1,000 Coll Ded $1 000 $ B ..L UMBRELLA LIAB HOCCUR 72RHAPT0617 10/1/2017 10/1/2018 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 OED I ./ I RETENTION$10,000 $ A WORKERS COMPENSATION I 72WEAZR3341 10/1/2017 10/1/2018 I PER I I OTH- AND EMPLOYERS' LIABILITY / STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ N/A E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1 ooo nnn If yes, describe under E.L. DISEASE· POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS below C Excess (Excess over Umbrella) ZUP21N8044617NF 10/1/2017 10/1/2018 $5,000,000 Each Occurrence/Aggregate A Contractors Equipment 72UUMPT0797 10/1/2017 10/1/2018 $2,787,649 ($1k Ded) A Hired/Leased/Rented Equipment 72UUMPT0797 10/1/2017 10/1/2018 $2,000,000 ($1k Ded) /$5k Ded Theft I 2% or $5k Ded Cranes) DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) sec Job No.: 103502 -Underground Utility Repair at Levante Street between Ladera Ct and Cumbre CT Additional Insured applies per attached policy forms to: The City of Carlsbad, its officials, employees and volunteers Primary & Non-Contributory wording is included. Early notice of cancellation applies. Waivers of Subrogation apply per attached policy form. CERTIFICATE HOLDER CANCELLATION RE: sec Job No.: 103502 -Underground Utility Repair at Levante Street between Ladera Ct & Cumbre CT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Comi:>liance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE A-l:J I Tien Le © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41584980 I SOUTHCONl l 2017 GL CAO UMC WCO CE I Jennifer Bernal I 4/27/2018 11: 18 :03 AM {PDT) J Page 1 of 34 This certificate cancels and supersedes ALL previously issued certificates. V 4/27/2018 72UEAPT0574 Southern Contracting Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage................ . ............ 1 2. Damage To Your Work......................................................... . ............................. 1 3 Contractors Limited Professional Liability............................. . .................................................. 1 4. Per Project and Per Location General Aggregate Limits Of Insurance ........................................................... 2 5. Motor Vehicle Laws ....................................................................................................................................... 3 6. Medical Payments Coverage -Including Products -Completed Operations ................................................. 3 7. Insured Contract-Construction Operations And Municipal Work .................................................................. 3 8. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ...................................... 3 9. Bodily Injury Employee Suits ........................................................................................................................... 4 10. Consolidated Insurance (Wrap-Up) Programs ................................................................................................ 4 11. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability .......................... 4 12. Contractual Liability Coverage For Personal And Advertising Injury ............................................................... 5 13. Supplementary Payments ............................................................................................................................... 6 14. Two Or More Coverage Parts Or Policies Issued By Us .............................................................................. 6 15. Notice of Cancellation to Certificate Holders ................................................................................................. 6 1. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section I - Coverage A is amended as follows: a. The following exception to the exclusion is deleted: Paragraph (2) of this exclusion does not apply if the premises are ''your work" and were never occupied, rented or held for rental by you. b. This exception is replaced by the following: Paragraph (2) of this exclusion does not apply if the premises are "your work". 2. DAMAGE TO YOUR WORK Exclusion I. Damage To Your Work of Section I - Coverage A is replaced by the following: I. Damage to Your Work "Property damage" to that particular part of ''your work" out of which damage arises and included in the "products-completed operations hazard". Form HS 24501214 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. This provision does not apply if exclusion I. Damage To Your Work has been otherwise modified by endorsement. 3. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, and to Paragraph 2., Exclusions of Section I - Coverage B -Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury'', "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Page 1 of 6 © 2014, The Hartford 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 23 of 34 This certificate cancels and supersedes ALL previously issued certificates. Professional services include: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performed as a part of any related 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 failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. However, this exception to the exclusion will not apply if you are in the business or profession of providing the professional services described above independent from the construction work performed by you or on your behalf. In the event this insurance applies to any injury, damage, loss, cost or expense covered by Professional Liability insurance issued by a company unaffiliated with us, then the insurance afforded under this Coverage Part is excess over such other valid and collectible Professional Liability insurance (including any deductible or self-insured retention portion thereof), and any other valid and collectible insurance available to the insured whether primary, excess, contingent or on any other basis. 4. PER PROJECT AND PER LOCATION GENERAL AGGREGATE LIMITS OF INSURANCE A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single "project" or a single ''location''; 1. A separate Per Project General Aggregate Limit or a separate Per Location General Aggregate Limit applies to each "project" or "location", whichever is applicable. The Per Project General Aggregate Limit and Per Location Aggregate Limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Page 2 of 6 2. The Per Project General Aggregate Limit or the Per Location General Aggregate Limit, whichever applies, is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of; a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Per Project General Aggregate Limit for that "project" or the Per Location General Aggregate for that "location", whichever applies. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, the Per Project General Aggregate Limit for any other "project'', or the Per Location General Aggregate Limit for any other "location". 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Project General Aggregate Limit if attributable only to ongoing operations at a single "project" or the Per Location General Aggregate if attributable only to ongoing operations at a single "location". B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A and for all medical expenses caused by accidents under Section I -Coverage C , which cannot be attributed only to ongoing operations at a single "project" or a single "location"; 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. Form HS 24501214 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 24 of 34 This certificate cancels and supersedes ALL previously issued certificates. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit,or any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. D. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. E. The following is added to Section V - Definitions: "Project" means a premises an insured does not own or rent and where such insured performs construction-related operations. Each "project" involving the same or connecting lots, or premises whose connection is separated by a street, roadvvay, waterway or right-of-wayrailroad shall be considered a single "project". If a "project" has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the "project" shall be considered a single "project". "Project" does not include a premises that is a "location". "Location" means a premises an insured owns or rents and where such insured performs business operations other than construction- related operations. Each "location" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-way railroad shall be considered a single "location." "Location" does not include a premises that is a "project". This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been otherwise modified by endorsement. 5. MOTOR VEHICLE LAWS The following are added to Section IV - Commercial General Liability Conditions: 1. When this Coverage Part is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the coverage part for Bodily Injury Liability or Property Damage Liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. 2. With respect to "mobile equipment" to which this insurance applies, we will provide any Form HS 24501214 liability, uninsured motorists, underinsured motorists, no-fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. 6. MEDICAL PAYMENTS COVERAGE INCLUDING PRODUCTS-COMPLETED OPERATIONS Paragraph 1.a. of the Insuring Agreement - Coverage C is replaced by the following: 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; (3) Because of your operations; or (4) Included within the definition of the "products-completed operations hazard;" provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 7. INSURED CONTRACT -CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d. of the definition of "insured contract" in Section V -Definitions is deleted and replaced by the following: d. An obligation, as required by ordinance, to indemnify a municipality. 8. INJURY TO EMPLOYEE'S REPUTATION WITH RESPECT TO INCIDENTAL MEDICAL MALPRACTICE A. The following is added to paragraph 1.e. of the Insuring Agreement -Coverage A: (3) With respect to incidental medical malpractice, "bodily injury" includes damages claimed for injury to emotions or reputation of an "employee" arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic services. Page 3 of 6 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 25 of 34 This certificate cancels and supersedes ALL previously issued certificates. B. The following exclusion is added to Coverage B -Personal and Advertising Injury: "Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic. 9. BODILY INJURY EMPLOYEE SUITS A. "Bodily injury" as listed in paragraph 2.a.(1) of Section II -Who Is An Insured, does not apply to 2.a.(1 )(a) through 2.a.(1 )(c). B. Part a. of Paragraph 4. Mobile Equipment in Section II -Who Is An Insured does not apply. C. Part a. of Paragraph 5. Nonowned Watercraft in Section II -Who Is An Insured does not apply. 10. CONSOLIDATED INSURANCE (WRAP-UP) PROGRAMS The following exclusion is added to Section I Coverage A: The term project as used in this subparagraph 10. means any construction project subject to a "consolidated insurance (wrap-up) program". This insurance does not apply to any "bodily injury'' or "property damage" arising out of any project or premises where an insured under this policy is also an insured under a commercial general liability (CGL) policy included within a "consolidated insurance (wrap-up) program" This exclusion applies even if the limits of insurance for such "consolidated insurance (wrap-up) program" are exhausted or the CGL coverage afforded under the "consolidated insurance program" is narrower in scope than the coverage provided by this policy. This exclusion does not apply to: A. "Bodily injury" or "property damage" that commences after the "products-completed operations hazard" coverage or any completed operations extension provided by the "consolidated insurance (wrap-up) program" has ended or is no longer in effect. B. "Bodily injury" or "property damage" when an insured under this policy is also an insured under the "consolidated insurance (wrap-up) program", but is performing certain operations that are not included in the "consolidated insurance (wrap-up) program" if the project or premise subject to the "consolidated insurance (wrap-up) program" is endorsed onto this policy C. "Bodily injury" or "property damage" for which you are solely an additional insured under the "consolidated insurance (wrap-up) program". To the extent that this insurance applies to any "bodily injury" or "property damage" arising out of Page 4 of 6 a project or premises covered by a "consolidated insurance (wrap-up) program" per 10A., we will apply either the coverage terms of this policy, or the coverage terms of the "consolidated insurance (wrap-up) program", whichever coverage terms are narrower. To the extent that this insurance applies to any "bodily injury" or "property damage" arising out of a project or premises covered by a "consolidated insurance (wrap-up) program", this policy shall be subject to audit for premium based on payroll or construction value associated with operations performed by the insured for the project or on the premises related to the "consolidated insurance (wrap-up) program" pursuant to this policy's premium audit provisions. "Consolidated insurance (wrap-up) program" means any agreement or arrangement under which contractors working on a specified project are insured under one or more CGL policies issued by a specified carrier for injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. 11. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA- RELATED LIABILITY A. Exclusion p. of Section I -Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: p. Access Or Disclosure Of Confidential Or Personal Information And Data- Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to liability for damages because of "bodily injury". Form HS 24 50 1214 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 26 of 34 This certificate cancels and supersedes ALL previously issued certificates. B. The following is added to Paragraph 2. Exclusions of Section I -Coverage B - Personal and Advertising Injury: 2. Exclusion This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following paragraph is added to Section Ill -Limits Of Insurance: Subject to Paragraph 5. Each Occurrence Limit, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $100,000, unless modified by endorsement. D. The following definition is added to Section V -Definitions: "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, (including systems and applications software) hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. E. For the purposes of the coverage provided by this provision, the definition of "property damage" in Section V -Definitions is replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; Form HS 24501214 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 12. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY A. Exclusion e. of Section I -Coverage B - Personal And Advertising Injury Liability is replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Page 5 of 6 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 27 of 34 This certificate cancels and supersedes ALL previously issued certificates. B. Subparagraph f. of the definition of Page 6 of 6 "insured contract" (Section V Definitions) is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury", "property damage", or "personal and advertising injury" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds in increased to $2,500. 14. TWO OR MORE COVERAGE PARTS OR POLICIES ISSUED BY US If this policy and any other policy issued to an insured by us or any affiliated company provides coverage that applies to the same claim or damages, the maximum applicable limit(s) of liability or limit of insurance under all the policies will not exceed the highest applicable limit of liability or limit of insurance under any one policy. This condition does not apply to any policy issued by us or an affiliated company specifically written to apply as excess insurance over this policy. 15. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form HS 24501214 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 28 of 34 This certificate cancels and supersedes ALL previously issued certificates. Southern Contracting Company POLICY NUMBER: 72UEAPT0574 Effective Date: 101112017 4/27/2018 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 The City of Carlsbad, its officials, employees and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © ISO Properties, Inc., 2012 Page 1 of 2 41584980 ! SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 29 of 34 This certificate cancels and supersedes ALL previously issued certificates. a C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: 2. Available under the applicable Limits of Insurance shown in the Declarations; 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 whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. Page 2 of 2 © ISO Properties, Inc., 2012 41584980 I SOUTIICONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 30 of 34 This certificate cancels and supersedes ALL previously issued certificates. increase the shown in the CG 2010 0413 Southern Contracting Company POLICY NUMBER: 72UEAPT0574 4/27/2018 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Carlsbad, its officials, employees and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 41584980 ! SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 31 of 34 This certificate cancels and supersedes ALL previously issued certificates. Southern Contracting Company 4/27/2018 72UEAPT0696 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 03 13 0611 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Page 1 of 1 © 2011, The Hartford 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I '!ennife1: Bernal I ~/~7/2018 11:18:03 AM (PDT) I Page 32 of 34 This certificate cancels and supersedes ALL previously issued certificates. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Endorsement Number: Policy Number: 72WEAZR3341 Effective Date:101112017 Named Insured and Address: Effective hour is the same as stated on the Information Page of the policy. Southern Contracting Company P.O. Box445 San Marcos CA 92079 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date:4/27/2018 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy Expiration Date: 101112018 © 2011, The Hartford 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 33 of 34 This certificate cancels and supersedes ALL previously issued certificates. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 4/27/2018 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/1/2017 Policy No. 72WEAZR3341 ofthe issued to Southern Contracting Company Premium (if any)$ (DATE) at 12:01 AM. standard time, forms a part of Endorsement No. Hartford Casualty Insurance Company (NAME OF INf~ -~-) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (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 premium charge for this endorsement shall be 0.0 % 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 WAIVER OF RIGHT FROM US WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Job Description BLANKET WAIVER OF SUBROGATION 41584980 I SOUTHCONl I 2017 GL CAU UMC WCO CE I Jennifer Bernal I 4/27/2018 11:18:03 AM (PDT) I Page 34 of 34 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1