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HomeMy WebLinkAboutRay White Cement; 2023-01-09; PKRC22-1222Tracking #: HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 Page 1 of 8 City Attorney Approved 8/2/2022 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 This agreement is made on the 9th day of January, 2023, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ray White Cement whose principal place of business is 2380 Via Monserate, Fallbrook, CA 92028 (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: Morgan Rockdale_(City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 9th 23January DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 Tracking#: 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,,;a~ating in contract bidding. :~~:.a~~:.. ~Yic,~[ 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. HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 Page 2 of 8 City Attorney Approved 8/2/2022 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 Tracking#: 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 parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fifteen (15) working days after receipt of Notice to Proceed. Completion: to Proceed. Contractor agrees to complete work within thirty (30) working days after receipt of Notice CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ray White Cement (name of Contractor) 410673 (Contractor's license number) C-8 / 8/31/2023 (license class. and exp. date) 1000003603 (DIR registration number) 6/30/2025 (DIR registration exp. date) HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 Page 3 of 8 2380 Via Monserate ( street address) Fallbrook, CA 92028 (city/state/zip) 760-728-0170 (telephone no.) 760-728-5605 (fax no.) office@raywhitecement.com ( e-mail address) City Attorney Approved 8/2/2022 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 Tracking#: 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 By a hcnulJhd,L (sign here) ah~ Whti~ \/ Pus. (print name/title) By: ~~ 7 (sign here) Diane White, President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Assistant City Manager, Deputy City Manager, or Department Director as Authorized by the City Manager ATTEST: .j~ R.. ~ ~ {tfv FAVIOLA MEDINA City Clerk Services Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !L2 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: CINDIE K. McMAHON, City Attorney BY: UUufo.-:Fv-tisf Deputy I Assistant City Attorney HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 Page 4 of 8 City Attorney Approved 8/2/2022 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 Tracking #: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each 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 Type of Work to be Business Name and Address DIR Registration Subcontracted No. I ~1 f( V T Total % Subcontracted: ______ _ The Contractor must perform no less than 50% of the work with its own forces. HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 Page 5 of 8 License No., %of Classification & Total Expiration Date Contract City Attorney Approved 8/2/2022 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 EXHIBIT B SCOPE OF WORK Tracking#: Includes all labor and materials, cost of grading, installing of new concrete curbs and sidewalks, and backfilling of new concrete. • Form, grade and pour new concrete thicken curbs and 5" thick sidewalks, per construction plan dated 10/20/22 drawn by YS • Install two each #4 rebars throughout curbs. • Sidewalks to have #4 rebar @ 24" O/C each way. • Concrete shall be city approved mix 3250 psi • Texture to be medium broom finish • All spoils and debris will be disposed and hauled off the site • Includes installing Class II base under new concrete improvements • Backfill edges of new concrete sidewalks when finished. Total Cost not to exceed $40,881.60 Exemption: • All irrigation sprinklers shut off and relocation of sprinklers, if needed for new concrete improvement • Verification of layout of new curbs and sidewalks by City of Carlsbad • City to maintain fencing around work area HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 Page 6 of 8 City Attorney Approved 8/2/2022 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 EXHIBITC LABOR AND MATERIALS BOND Tracking#: Bond No.: 4445945 Premium: $1,022 .00 subject to adjustment based on the final contract price. WHEREAS , the City Council of the City of Carlsbad. State of California. has awarded to Ray White Cement (hereinafter designated as the "Principal"), a Contract for: HOLIDAY PARK SIDEWALK INSTALLATION CONT. NO. PKRC22-1222 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Ray White Cement , as Principal, (hereinafter designated as the "Contractor"), and SureTec Insurance Company _______________ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Thousand Eight BJJudred Ei gbty-Que aud 6D /J DD-- ---------------------dollars($ 40,881.60 ), 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 lo 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. HOLIDAY PARK SIDEWALK INSTALLATION: CONT. NO. PKRC22-1222 Page 7 of 8 City Attorney Approved 8/2/2022 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 Tracking#: Bond No.: 4445945 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. SIGNED AND SEALED, this _2_l_s_t ___ day of December SureTec Insurance _R_a"""y_Wh_i_t_e_C_e_m_e_n_t _____ (SEAL) C_o_m..;c,.p_a_n.a..y _________ (SEAL) By: (Signature) (Surety) Jerome L. Hren, Attorney-in-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: ULJur(}., f V'tJSt Deputy/ Assistant City Attorney SEE ATTACHED ACKNOWLEDG MENT HOLIDAY PARK SIDEWALK INSTALLATION; CONT. NO. PKRC22-1222 Page 8 of 8 City Attorney Approved 8/2/2022 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 POA/1 510016 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State ofTexas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Jerome L. Hren Their true and lawful agent(s} and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars ($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President. Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged·by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Sure Tee Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 17th day of March , 2020 • SureTec Insurance Company Commonwealth of Virginia County of Henrico SS: .w \~U~IIIUAl,i,,. RANc ............. y.. .., .J. ···;······ 111a,n• On this 171!1 day of M""'1 , 2020 A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were dulv affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of 5aid Companies referred to in the preceding instrument is now in force. , , , & • • • t f, t,, ,,, p._ oorv ,,, IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed mt,~~~•a~a~lh~1kv{('f-'>f Henrico, the day and year first above written. ,.' r-,O',,;\,,?-Y Pu~·. 1,;,/,._ .. " "6' "'< • ~ • : :"'> / •• ,:, : "'-MY 0 •. • : ; COMMISSION : : 00 : NUl1JIBER ; <:C : • . : ;i: :: Donna Donavant, Notary Public \ '\\, 7063968 / cJ / My commission expires 1/31/2023 , 0,1 •• ··0:,%. We. the undersigned Officers of SureTec Insurance Company and Marke'r1<;1slr~~(~·o'iiy d,~-R~rby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and ht! ~.~11~ (~v~\e'd. IN WITNESS WHEREOF, we have hereunto set our hands. and affixed the Seals of said Companies, on the 21st day of ___ D_e_c_e_m_b_e_r __ ~ __ 2_0_2_2 __ Any Instrument Issued in excess of the penalty stated above Is totally void and without any validity. 510016 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 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 d County of Riversi e On December 21, 2022 before me, Jennifer H. Hoagland, Notary Public (insert name and title of the officer) personally appeared ___ J_e_r_o_m_e_L_. _H_re_n __________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 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. 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 hand and official seal. -------------=~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: ____________ _ Signer's Name: ________ ~---- □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner ..:_ □ Limited □ General · □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ----------,---------- Signer Is Representing: _________ _ Signer Is Representing: _________ _ • ©2014 National Notary Association · www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 CONSTRUCTION PLAN HOLIDAY PARK CITY OF CARLSBAD DRAWN BY YS 10/2022 PA TYP. 7 CONSTRUCTION LEGEND \ 0 " 0 0 5" THICK CONCRETE PAVING, IJ3 REBAR Al 18" O.C. EACH WAY. COMPACTED GRAVEL BASE, COLOR AND FlNISH TO MATCH EXISTING 6" WIDE CONCRETE CURB, WITH REBAR AND DEPTH OF MATCH EXISTING. SUP-DOWEL \'II-IERE ATTACHING TO EXISTING CURB. COLOR AND FINISH TO t.lATCH EXISTING. TOP OF CURB FLUSH WITH CONCRETE PAVING 0 4' TALL 3-RAtl WOOD FENCE \',1TH 12" 01A. X 24" D CONCRETE FOOTING 0 BARK MULCH ADD ON TOP OF EXISTING SAND BY OWNER ® DRIP LINE OF EXISTING TREE _E_J_ ® EXPANSION JOINT WITH SUP-DOWEL 0 SCORE JOINT PA CJ • _,,_ \ __J \ I I _J 11----------i- .-.. -_ \ PA REMOVABLE FENCE POST. MA TE~IAL AND SIZE TO ,.tATCH OTHER FENCE POSTS. 16' WIDE MAINTENANCE ACCESS, \'II-IEN REMOVABLE FENCE POST AND FENCE RAILS ARE TEl,tPORARILY RE1,10VED. PA PLANTING AREA NOTL 1. LAYOUT OF NEW CONCRETE CURB, SITE WALK AND FENCING TO BE APPROVED BY OWNER BEFORE POURING CONCRETE. 2. CONTRACTOR RESPONSIBLE FOR ESTABLISHING THEIR OWN QUANTITIES FOR PRICING PURPOSES. J. CONSTRUCTOR TO lll,.\IT \'/ORK TO \',1THIN EXISTING CONSTRUCTION FENCE \'/!TH MINIMUM INTRUSION ON THE ROOT ZONE/DRIP LINE OF THE TORREY PINE. / I ~ N O R T H DocuSign Envelope ID: CC8234A1-30B9-4910-A524-78986D6D6DA2 Ray White Cement PHYSICAL AND MAIL: 2380 VIA MONSERATE FALLBROOK, CA 92028 DATE: ___ R_E_V_IS:....:E:....:.D_1_1.,_/_23:..L/_2_2 __ _ TO: CITY OF CARLSBAD 1166 CARLSBAD VILLAGE DRIVE CARLSBAD, 92008 ATTENTION: MORGAN ROCKDALE PH: 760-728-0170 DIR# I 000003603 FX: 760-728-5605 C-8 license #410673 EMAIL OFFICE@RAYWHITECEMENT.COM PREVAILING WAGE PHONE: 442-339-2985 --------------- EMAIL: MORGAN.ROCKDALE@CARLSBADCA.GOV PROJECT: HOLIDAY PARK CONCRETE IMPROVEMENTS AT PLAYGROUND AREA LOCATION: 3400 PIO PICO, CARLSBAD, TOTLOT PLAYGROUND APPROXIMATE SCHEDULE OF WORK TO BE PERFORMED 1) FORM, GRADE AND POUR NEW CONCRETE THICKEN CURBS AND 5" THICK SIDEWALKS, PER PLAN. INSTALL TWO EACH #4 REBARS THROUGHOUT NEW CURBS. SIDEWALKS TO HAVE #4 REBAR@ 24" O/C EACH WAY. CONCRETE SHALL BE CITY APPROVED MIX 3250 PSI. INCLUDES COST OF PUMP. TEXTURE TO BE MEDIUM BROOM FINISH. 2) BID INCLUDES INSTALLING CLASS II BASE UNDER NEW CONCRETE IMPROVEMENTS. 3) BACKFILL EDGES OF NEW CONCRETE SIDEWALKS WHEN FINISHED. 1) SHUT OFF ALL IRRIGATION AND RELOCATE SPRINKLERS IF NEEDED FOR NEW CONCRETE IMPROMENTS 2) VERIFY LAYOUT OF NEW CURBS AND SIDEWALKS 3) MAINTAIN FENCING AROUND WORK AREA 4) PAYMENT DUE WITHIN 30 DAYS OF COMPLETION ITEM PRICE 1 I BID INCLUDES ALL LABOR & MATERIALS, COST OF GRADING, INSTALLATION OF NEW CONCRETE CURBS & SIDEWALl<S AND BACKFILLING OF NEW CONCRETE $40,080.00 2) PERFORMANCE BOND COST, PER CITY OF CARLSBAD $801.60 *NOTE: ALL WORK IS BASED ON PREVAILING WAGE & AB219 TOTAL: $40,881.60 I NOTES: ---------------------------------------BID INCLUD:.q;;;;;::_ 3;;-;;;;••oPOSAL VOID IF NOT ACCE7D\ wl;: ••i:A:-. RESPECTFULLY SUBMITTED BY: _C-=--'------------DATE: __ ~---4._JL_,_·_2.....c__._~k"'--'-'V ___ _ ACCEPTED BY: DATE: ------------ ~Allstate. You',..lnlDOdhond,. Cl CW Arri. 10 11 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder: CITY OF CARLSBAD, MINOR PUBLIC WORKS ALGA NORE AND POINSETTIA PARK ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIABILITY WHEN REQUIRED BY WRITTEN 799 PINE AVE STE 2 0 0 CARLSBAD, -cA USA 92-0082428 Named Insured: RAY WHITE CEMENT 2380 VIA MONSERATE FALLBROOK CA 92028-9337 Automobile Liabilitv Insurer Name: Allstate Insurance Compan y Polic 1Number: 648690744 X 1 --Any Auto 2 -Owned Autos Only 3 -Owned Priv. Pass. Autos Only 4 --Owned Autos Other Than Priv. 5 -Owned Autos Subject to 6 -Owned Autos Subject to a Compulsory UM Law Pass. Autos Only No Fault 7 --Specifically Described Autos 8 -Hired Autos Only 9 -Nonowned Autos Only Policy Effective Date : 10-01 -2 02 2 I Policy Expiration Date: 10-01-2023 Limits of $2 ,000,000 Combined Single Limit (each accident) Insurance: Bl Per Person Bl Per Accident I PD Per Accident Description of Operations/Locations/Vehicles/Endorsements/Special Provisions Interested PartvTvoe: Additional Insured -Municipality TH IS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPEC IFIC LANGUAGE PRO VIDING THE CERT IFICATE HOLDER WITH ADDITIONAL INS URED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer: ENTRADA PREMIER INSURANCE CENTER Authorized Representative: Date: 07-18-22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Bun4-3 Cl cw Arri. 10 11 Allstate Insurance Company Page 1 of 1 Additional Insured Copy ~ Allstate. You're in good hands. BU114-3 POLICY NUMBER: 648690744 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE Th is endorsement modifies in surance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With-respect-to-coverage provided by th is endorsement, the provisions-of the Coverage Form apply unless modified by this endorsement. Th is endorsement identifies person(s) or organization (s) who are "insureds" for Covered Autos Liabili ty Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Th is endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: RAY WHITE CEMENT Endorsement Effective Date: 10-01 -2022 SCHEDULE Name Of Person(s) Or Organization(s): CITY OF CARLSBAD, MINOR PUBLIC WORKS ALGA NORE AND POINSETTIA PARK ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT AS PER THE ATTACHED FORM/WAIVER OF SUBROGATION APPLIES AS RESPECTS TO THE GENERAL LIA 799 PINE AVE STE 200 CARLSBAD, CA USA 920082428 Information requ ired to complete th is Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 0 .2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA204810 13 © Insurance Services Office, Inc., 2011 Additional Insured Copy Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/26/2022 Silva and Sons Insurance Services Inc.40477 Murrieta Hot Springs, Suite D1-205 Murrieta, CA 92563 888-745-8259 951-763-8000 www.Silva-Ins.com Lic #0H99310 James River Insurance Company 12203 Everest National Insurance Company 10120 Nationwide Mutual Insurance Company 23787 Westchester Surplus Lines Insurance Co 10172 A 1,000,00000108105-2 10/1/2022 10/1/2023 100,000 3 5,000 3 1,000,000 2,000,000 2,000,0003 Per Project Aggregate 2,000,000 A 00095854-3 10/1/2022 10/1/2023 1,000,0003 1,000,0003 B 7600019547221 10/1/2022 10/1/2023 3 1,000,000Y 1,000,000 1,000,000 C COMMERCIAL PROPERTY ACP 3100315870 1/15/2022 1/15/2023 LEASED/RENTED EQIUPMENT $50,000 D POLLUTION POLICY G28298559-002 4/13/2022 4/13/2023 LIMIT OF LIABILITY $1,000,000 Dennis Silva Dennis Silva Dsilva@Silva-Ins.com Ray White Cement 2380 Via Monserate Fallbrook CA 92028 70458129 3 3 3 3 3 Subrogation applies to General liability and Workers Compensation / Primary and Non-Contributory endorsement applies as respects to City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 City of Carlsbad/CMWD, All operation of the named insured for the certificate holder in regards to concrete are named additional insured as respects to the General Liability when required by written contract as per the attached form / Waiver of General Liability as per attached form. / Per Project Aggregate applies as respects to General liability per attached /Umbrella is over GL 70458129 | 22-23 GL XS WC CP PO | Nikki Silva | 9/26/2022 1:15:45 PM (PDT) | Page 1 of 7 This certificate cancels and supersedes ALL previously issued certificates. ACORD® I ~ I f--□ □ f-- f-- Fl □ □ f-- f--~ f--f-- f--f-- f--H I I I I I □ I POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera- tions Where required by written contract or written agreement. All operations of the Named Insureds. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(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 desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 00108105-2 City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 10/01/2022 70458129 | 22-23 GL XS WC CP PO | Nikki Silva | 9/26/2022 1:15:45 PM (PDT) | Page 2 of 7 This certificate cancels and supersedes ALL previously issued certificates. □ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 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 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. 00108105-2 Ray White Cement2380 Via MonserateFallbrook CA 92028 10/01/2022 70458129 | 22-23 GL XS WC CP PO | Nikki Silva | 9/26/2022 1:15:45 PM (PDT) | Page 3 of 7 This certificate cancels and supersedes ALL previously issued certificates. 00108105-2 10/01/2022 70458129 | 22-23 GL XS WC CP PO | Nikki Silva | 9/26/2022 1:15:45 PM (PDT) | Page 4 of 7 This certificate cancels and supersedes ALL previously issued certificates. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Addltlonal Insured Person(s) Or Oraanlzatlon(sl: If no entry appears above, this endorsement applies to all Additional Insureds covered under this pollcv. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectlble insurance available to such Additional Insured whether primary, excess. contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031US 04-10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AP5012US 12-03 Page 1 of 1 POLICY LIMITATION – AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS COMBINED LIABILITY POLICY SECTION III – LIMITS OF INSURANCE - The General Aggregate Limit applies separately to each “Project” of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each “Project” of the Named Insured, under no circumstances will we pay more than $ for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: “Project” means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple “locations” under one contract are not separate “projects” within the meaning of this coverage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 00108105-2 10/01/2022 70458129 | 22-23 GL XS WC CP PO | Nikki Silva | 9/26/2022 1:15:45 PM (PDT) | Page 5 of 7 This certificate cancels and supersedes ALL previously issued certificates. 00108105-2 10/01/2022 70458129 | 22-23 GL XS WC CP PO | Nikki Silva | 9/26/2022 1:15:45 PM (PDT) | Page 6 of 7 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work'' done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 D Ray White Cement7600019547221 10/01/2022 70458129 | 22-23 GL XS WC CP PO | Nikki Silva | 9/26/2022 1:15:45 PM (PDT) | Page 7 of 7 This certificate cancels and supersedes ALL previously issued certificates. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CAI.IFORNIA We have the right lo ·recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 otherwise due on such remuneration. % of the California workers' compensation premium SCHEDULE ·PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION -1998 by the Workers Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual• 1999, INSURED COPV