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HomeMy WebLinkAboutParamount Waterproofing & Restoration Inc; 2023-04-10; PWM23-2136FACPWM23-2136FAC PFHQ - Sallyport Deck Waterproofing City Attorney Approved 02/14/2023 Cont. No. 4715 Page 1 of 12 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLICE & FIRE HEADQUARTERS - SALLYPORT DECK WATERPROOFING CONT. NO. 4715 This agreement is made on the ______________ day of _________________________, 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Paramount Waterproofing & Restoration Inc., a California corporation whose principal place of business is 736 Valley Crest Drive, Vista, Calfiornia 92084 (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, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Steven Stewart (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. DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D 10th April DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D PWM23-2136FAC 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. 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 (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: 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 PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 Page 2 of 12 City Attorney Approved 02/14/2023 PWM23-2136FAC PFHQ - Sallyport Deck Waterproofing City Attorney Approved 02/14/2023 Cont. No. 4715 Page 3 of 12 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 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. /// /// /// /// /// /// DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D CONTRACTOR'S INFORMATION. Paramount Waterproofing & Restoration Inc. (name of Contractor) 901951 (Contractor's license number) B, C-61/D12, C33, C39 7/31/2023 (license class. and exp. date) 1000515195 6/30/2024 (DIR registration number/exp. date) PWM23-2136FAC 736 Valley Crest Drive ( street address) Vista, CA 92084 (city/state/zip) 619-779-1722 (telephone no.) khouger@paramountcontract.com (e-mail address) 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 PARAMOUNT WATERPROOFING & RESTORATION INC., a California corporation By ~~ Jllik (sign here )f1 Kristopher Houger, President & CFO (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of Cal ifornia By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a 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: {jl/\,J,it,, k.. Mc/IA.kl/\, City Attorney PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 Page 4 of 12 City Attorney Approved 02/14/2023 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D PWM23-2136FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to Business Name and Address DIR Registration be Subcontracted No. & Exp. Date i?e-\'Ytt t-f 5 4o'iO E:-LeG\ v.e<tDf' C ,\'¥\ CA Cf '307 ...--, ~ 0,)'~ Total% Subcontracted: ,,,t.. J. -------,..... License No., Classification & Ex iration Date The Contractor must perform no less than 50% of the work with its own forces. % of Total Contract PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 City Attorney Approved 02/14/2023 Page 5 of 12 PWM23-2136FAC PFHQ - Sallyport Deck Waterproofing City Attorney Approved 02/14/2023 Cont. No. 4715 Page 6 of 12 EXHIBIT B Police & Fire Headquarters - Sallyport Deck Waterproofing Provide all labor, equipment and materials necessary to restore the ~1,800SF deck. All work shall be performed in accordance with the attached quote dated February 18, 2023. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE Base Scope 1 LS 1 Deck and vertical perimeter demolition $14,200 2 LS 1 Remove and re-seal door threshold and waterproof $750 3 LS 1 Perimeter detailing 200 (linear feet) included 4 LS 1 Edge flashing detailing and abrading for re-use $1,000 5 LS 1 Install Tremco Deck Coating system $39,500 6 LS 1 Detail around handrail bases and deck drains included 7 LS 1 Install sloped epoxy mortar up to door if needed included 8 LS 1 Labor and Materials bond $1,500 9 LS 1 Provide 5-year warranty included 10 100 LF Seal cracks and control joints (up to 100 linear feet @ $5/LF) $500 11 30 EA Seal around handrail and lights on wall (30 locations @ $50/EA) $1,500 TOTAL $58,950 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D PWM23-2136FAC Exhibit "B" (Cont.) Paramount Steven Stewart. CCM, Assoc. DBIA Facilities Engineering Division Public Works, Fleet & Facilities Department 1635 Faraday, Carlsbad, CA 92008 0: 442-339-2938/ C: 760-317-3508 Molly Amendt, P .E. She I Her I Hers Senior Engineer Facilities Engineering Public Works, Fleet & Facilities Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Re: Police. Headquarters -2560 Orion Way -Exterior Deck RC8toration Waterproofing-Installation ofTremco 350/ 951 Deck Coating System 2/18/2023 Scope of Work Included is all labor, equipment, materials, supervision, and insurance to complete the following work : Re: Exterior Deck Restoration Waterproofing-1,800 Square Feet Scope of Work Included is all labor, equipment, materials, supervision, and insurance to complete the following work : 736 Valley Crest Drive Vista CA 92084 PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 CA Contractors Lie# 901951 Page 7 of 12 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D PWM23-2136FAC Exhibit "B" (Cont.) Tl,e deck area will Med to remain clrued during construction. Vertical Perimeter Demo -200 Lineal Feet This inclutks placing a trash chute on the East edge so that all debris tran.Jfer directly below. Deck Demo -Tile and Mortar bed I Concrete Prep We will remove the existing roof tile, and thin set. This Is a max of l/4" depth. These debris will be bagged and taken to the dumpster we provide onsite . Remove old applied waterproofing and Hand grind floor to prepare concrete to a CSP-2. We have Included grinding the edges at rurt>s as the machine will not fit. Remove coating up to stucco approx. 4" high. Rand grind these edges to CSP 2. Cracks and Control Joinls under current coating-Up to f 00 Lineal f eec Ma:,; If required, this item will be completed. These will be rout.ed out and sealed with a bead Dymonic I 00. Re use edge flashing-Remove 1he material and mechanically abrade and re use 1he existing perimeter flashing. Detail around 5 handrail bases/ deck drains-1bis includes scaling with a 3/4" X 1/2" bead ofTremco Dymooic 100. Seal around handrails and lights on vertical wall -30 locations -This includes sealing with a 3/4" X 112" bead ofTremco Dymonic 100. Door thresholds -We have included unscrewing ,md lifting the dOOT threshold. We will then place a sealant bead under the threshold and waterproof under it and place the threshold back. The new deck may be lower as the tile will be gone. We have included placing a 5' XS' sloped epoxy mortar up to the door if needed. PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 Page 8 of 12 2 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D Perimeter Detailing-200 Lineal feet PWM23-2136FAC Exhibit "B" (Cont.) Install a lill" bead ofDymonic 100 at perimeter offlasbing floor to wall. We will then detail over the sealent with a 20 mil coat ofTrcmco 350 NF. per SF widl 12/20 New Tremco 350/ 95 I -Low Odor Pedestrian Deck Coating System We will apply one coat of Aquafin Sg3 at 100 SF per gallon and load with sand. A Tremco Tremco 350 NF base coat will be applied at 65 SF per gallon. Next, a Trcmco 951 UV rated top coat will applied at 100 SP per gallon. This will be broadcast with 10-15 pounds of sand Warranty Coating System -Material -5 year Tremco Manufacturer Warranty on coating system Coating System -Labor -5 Year Labor warranty from Paramount on coating system Schedule ofValues Demolition of deck tile/mortar bed and I concrete prep -$ __ _ Vertical perimeter demolition and 2 detailing (200 LF allowan~) - $ ___ _ Crack and control joint preparation (100 LF 3 allowance) -$_$ 5 PLF __ Edge flashing detailing as necessary-$ 4 Prep existing flashing 5 Handrail and wall light sealant-$ 6 Door threshold sealant - $ Installation of Tremco deck coating system 7 includes edge detailing 8 Warranty (5 years) -$ included Included in Item land reouired 736 Valley Crest Drive Vista CA 92084 CA Contractors Lie# 901951 PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 Page 9 of 12 $14.200 $500 $ I 000 $1 500 $750 $39 500 $0 3 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D 9 Labor and Materials Bond -$ TOTAL PROPOSAL PRICE (NOTTO EXCEED) =$ ____ _ ,1,soo I S 58,950 Prevailing wages Included/ Certified Payroll Schedule -3 weeks 30 day price hold for Materials CUSTOMER ACCEPTANCE Company Name _______ _ Signature of acceptance _______ _ Date ----- PrintName _______ _ PARAMOUNT WATERPROOFING AND RESTORATION INC. ACCEPTANCE Date. ____ _ Signature of acceptance _______ _ PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 Print Name _______ _ Page 10 of 12 PWM23-2136FAC Exhibit "B" (Cont.) 4 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D Premium Subject to Adjustment Based on Final Contract Price EXHIBIT C LABOR AND MATERIALS BOND PWM23-2136F AC Bond No. 100732708 Premium: $1,179.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Paramount Waterproofing & Restoration Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: POLICE & FIRE HEADQUARTERS -SALLYPORT DECK WATERPROOFING CONTRACT NO. 4715 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, Paramount Waterproofing & Restoration Inc., as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-eight thousand nine hundred fifty dollars ($58,950), 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. PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 Page 11 of 12 City Attorney Approved 02/1 4/2023 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D PWM23-2136FAC 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 ANO SEALED, this _2_4t_h __ day of __ M_a_rc_h ___________ , 2023. Paramount Waterproofing & Restoration Inc (SEAL) American Contractors Indemnity Company (SEAL) (Principal) (Surety) ~riel T. Heredia, Attorney-in-Fact (Signature) (SEAL AND NOT ARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _ __,(-'-'-'-,iL-\--=-J,i---'-·t-_..;t'-_. -~ __ L-\-______ _ City Attorney PFHQ -Sallyport Deck Waterproofing Cont. No. 4715 Page 12 of 12 City Attorney Approved 02/14/2023 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D 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 Orange On ~'?:2_{'J. L\ j ~CJ]3 before me, ______ A_ngela Kim. Notary Public Date Here Insert Name and Title of the Officer personally appeared Ariel T. Heredia 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. &e aaeeeA«-1*i 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 r--..J;?_ Title or Type of Document: --I cn, 2:))__J <-..J.....) Document Date: Number of Pages: ___ Signer(s) Other Than Named Above: _ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _A_ri_el_T_. H_e_r_ed_ia _______ _ Signer's Name: ___________ _ Corporate Officer -Title(s): __ _ Corporate Officer -Title(s): __ ~-__ Partner -Limited General Partner -Limited General Individual lZ:P,ttorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: ___________ _ Other: Signer Is Representing: ______ _ Signer Is Representing: ---------------,(,~'C(,'C(,'g;,'C(,'U(,'C<,'C(,'C(,'C(,'U(,'C(,'<X.,'<X.,'C<.,'C(,/C<,·C()~:!<,'C;(,'<!!(,'C(,'C<,'C(,'C(,'C(,'C(,'C(,'C(,'C(,'q,'U(,'Ct,' C < , ' C < ; ' C ( , ' C < ; ' C ( , ' C < / , ' C < , ' C ( , ' C ( , ' < . . X : , ' C ( , ' C ( , ' C ( , ; < ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D TOKIO MARINE. HCC KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, ARIEL T. HEREDIA its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number ______ 1_0_0_7_3_27_0_8 _____ _ issued in the course of its business and to bind the Company thereby, in an amount not to exceed __________ O.::..:..:.ne"'-'-'-h::::.:unc:.::d:.:..re::::.:d"-"-th""o"'-us,,,,a"'-n'-"d--"a:.:..n:.:::d_..,,0:.,::0'"""'/1'-"0""0 __________ ( ,_ --=$-=-10=0'-'-,0=0=-=0=.0=0,..._ __ ). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September, 2011 . "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by State of California County of Los Angeles By: AMERICAN CONT S INDEMNITY COMPANY A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or valid it of that document. On this 18th day of April, 2022, before me, Sonia 0 . Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • Signature ~ (seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of ____ ~M=a~rc~h~---2023 Bond No. Agency No. 100732708 11996 Kio Lo. £cretary HCCSOZZPOAAClC04/2022 03/14/2023 Advantis Insurance Services 26522 La Alameda Suite 210 Mission Viejo CA 92691-8586 Julie Gotz (949) 545-0220 (949) 545-0221 julie.gotz@advantisins.com Paramount Waterproofing and Restoration Inc 736 Valley Crest Dr Vista CA 92084 Clear Blue Specialty Insurance Co 37745 CAIC 38342 Kinsale Insurance Company 38920 State Compensation Insurance Fund 35076 Westchester Surplus Lines Ins Company 10172 CL2283108312 A Y Y AR01-RS-2204953-00 09/02/2022 09/02/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y Y BA040000075520 08/23/2022 08/23/2023 1,000,000 C Y Y 0100094777-3 09/02/2022 09/02/2023 5,000,000 5,000,000 D Y Y 9257879-2022 07/24/2022 07/24/2023 1,000,000 1,000,000 1,000,000 E Contractors Environmental Liability (Pollution LIability)G73607681 001 08/12/2022 08/12/2023 Each Pollution Condition $2,000,000 Policy Aggregate Limit $2,000,000 Deductible $5,000 RE: All Projects The City of Carlsbad is hereby named additional insured per written contract. Thirty (30) days prior written notice is given to the City of Carlsbad in the event of cancellation;except ten (10) days for nonpayment of premium City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 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 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. $ $ $ $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 OCCURRENCEDAMAGE 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 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D ACORD® I ~ I X I [8] - - ~ [8] □ -X X --X X X ~ I I XI I I □ I POLICY NUMBER:AR01-RS-2204953-00 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Blanket where required by written contract signed by both parties and the contract is executed prior to any loss Any location where required by written contract signed by both parties and the contract is executed prior to any loss 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 operationshazard". 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 B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – 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 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 provide for such additional insured. City of Carlsbad DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER:AR01-RS-2204953-00 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Blanket where required by written contract signed by both parties and the contract is executed prior to any loss Any location where required by written contract signed by both parties and the contract is executed prior to any loss 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 onlywith respect to liability for "bodily injury", "propertydamage" 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 orequipment 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. City of Carlsbad DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – 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. DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. POLICY NUMBER:AR01-RS-2204953-00 City of Carlsbad DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D POLICY NUMBER: AR01-RS-2204953-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: 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 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1  Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Name Of Person Or Organization: Blanket as required by written contract City of Carlsbad DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D &200(5&,$/*(1(5$//,$%,/,7< &*  7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//<  &*‹,623URSHUWLHV,QF3DJHRI††††  $'',7,21$/,1685('±/(66252)/($6('(48,30(17±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¶VRURUJDQL]DWLRQ¶VVWDWXVDVDQDGGLWLRQDO LQVXUHG XQGHU WKLV HQGRUVHPHQWHQGVZKHQWKHLU FRQWUDFW RU DJUHHPHQW ZLWK \RX IRU VXFK OHDVHG HTXLSPHQWHQGV %:LWK UHVSHFW WR WKH LQVXUDQFH DIIRUGHG WR WKHVH DGGLWLRQDOLQVXUHGVWKLVLQVXUDQFHGRHVQRWDSSO\ WRDQ\RFFXUUHQFHZKLFKWDNHVSODFHDIWHUWKH HTXLSPHQWOHDVHH[SLUHV  POLICY NUMBER:AR01-RS-2204953-00 DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D 1PMJDZ#" DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D City of Carlsbad DocuSign Envelope ID: 6BE0E65F-CF7A-42EE-AA4D-2CEAA9574E6D STATE COMPl:NSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO .. ,,...,""''~""IYl'-IJT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE JULY 24, 2022 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING JULY 24, 2023 AT 12.01 A.M. PARAMOUNT WATERPROOFING & RESTORAT 736 VALLEY CREST DR VISTA, CA 92084 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY 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 REP 04 9257879-22 RENEWAL SP 8-71-34-25 PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2572 ~!.~ JULY 26, 2022 Ii~~,~ .di-£<~~ PRESIDENT AND CEO 1 SC IF FORM 10217 (REV .4-2018) OLO DP 217