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Precision Concrete Cutting; 2023-09-11; PWM24-2292TRAN
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ARMADA DRIVE SIDEWALK SLICING PWM24'...2292TRAN This agreement is made on the l~ day of )C~ 0Cv I 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Southern California Precision Concrete, Inc, a California Corporation, dba Precision Concrete Cutting, whose principal place of business is 320 State Place, Escondido, CA 92029 (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: Matt Paxson (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. Armada Drive Sidewalk Slicing Page 1 City Attorney Approved 8/15/2023 PWM24-2292TRAN 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. CONSTRUCTION MANAGEM ENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the on line training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https :// a pps. apple .com/ us/ a p p/procore-constructio n-ma nagement/id 3 7 4930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this 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. Armada Drive Sidewalk Slicing Page 2 City Attorney Approved 8/15/2023 PWM24-2292TRAN 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. s;gnatu,e, ~.(~. Print Name: Ronald William Durna Jr. REQU IRED 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 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. Armada Drive Sidewalk Slicing Page 3 City Attorney Approved 8/15/2023 PWM24-2292TRAN BUSIN ESS 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Southern California Precision Concrete dba Precision Concrete Cutting (name of Contractor) 925449 (Contractor's license number) C-61 D06 -12/31/2024 (license class. and exp. date) 1000003322 -6/30/26 (DIR registration number/exp. date) 320 State Place (street address) Escondido, CA 92029 (city/state/zip) 951-760-1945 (telephone no.) parker@pcctriphazardremoval.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. [signatures on following page] Armada Drive Sidewalk Slicing Page 4 City Attorney Approved 8/15/2023 CONTRACTOR SOUTHERN CALIFORNIA PRECISION CONCRETE INC., dba PRECISION CONCRETE CUTTING, a California corporation By: 1fcJlt¼A.'J)w 9° {s1gn here) Ronald William Durna Jr., President (print name/title) By: ~n (sign here) Neshtinscka Durna, Secretary (print name/title) PWM24-2292TRAN CITY OF CARLSBAD, a municipal corporation of the State of California Paz Go Public anager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f..E. 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 ~-ey __ _ Armada Drive Sidewalk Slicing Page 5 City Attorney Approved 8/15/2023 PWM24-2292TRAN 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 License No., %of be Registration Classification & Total Subcontracted No. Expiration Date Contract ~\tx ~\~ I ~~ ~\ k ~ k \ \ \ Total% Subcontracted: ___ o_~ __ _ The Contractor must perform no less than 50% of the work with its own forces. Armada Drive Sidewalk Slicing Page 6 City Attorney Approved 8/15/2023 PWM24-2292TRAN EXHIBIT B Armada Drive Sidewalk Slicing Contracor shall provide all equipment, labor and materials perform horizontal "slicing" (repairs) to 109 (ID Numbers 66-71 & 101 removed) sidewalk hazards identified on Armada Dr. per the Contractor's estimate dated August 16, 2023. Exact locations are below in Exhibit D. Before and after pictures shall be taken by Contractor and provided to the City Project Manager upon completion. Concrete slicing shall be done at the ADA required 12" t o 1" specifications. Contractor shall use a HEPA dust suppression system and sweep/remove all other debris left by repair work. Contractor shall apply for a no fee right of permit through the City of Carlsbad before work starts. Contractor shall provide minor pedestrian control as needed in areas that have a large amount of sidewalk traffic. All required traffic control will be provided by t he Contractor in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD). All work shall be performed in accordance with the City of Carlsbad's Engineering Standa rds, the 2021 Standard Specifications for Public Works Construction (Greenbook), and 2018 Caltrans Standard Plans and Caltrans Specifications. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Ea 62 Horizontal Slicing 1/2" - 7 /8" $11,874.17 2 Ea 47 Horizontal Slicing 1" -2" $27,114.01 TOTAL* $38,988.18 *Includes taxes, fees, expenses and all other costs. Armada Drive Sidewalk Slicing Page 7 City Attorney Approved 8/15/2023 Bond No. CIC1938121 PWM24-2292TRAN EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Southern California Precision Concrete, Inc, a California Corporation, dba Precision Concrete Cutting (hereinafter designated as the "Principal"), a Contract for: ARMADA DRIVE SIDEWALK SLICING 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 California Precision Concrete, Inc, a California Corporation, dba Precision Concrete Cutting, as Principal, (hereinafter designated as the "Contractor"), and Capitol Indemnity Corporation as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty eight thousand, nine hundred eighty eight dollars and eighteen cents ($38,988.18), 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 Cqntract, 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. Armada Drive Sidewalk Slicing Page 8 City Attorney Approved 8/15/2023 PWM24-2292TRAN 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. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this __ 2_5t_h __ day of __ A_u_9u_s_t ---------~ 2023 __ c_a_pi_to_l l_nd_e_m_n_ity_C_o_rp_o_ra_tio_n ____ (SEAL). (Surety) By:~d ~---=----+-_:.>q. __ -, Signatu~ William Re inger, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney B~-- Deputy City Attorney Armada Drive Sidewalk Slicing Page 9 City Attorney Approved 8/15/2023 Surety Company Acknowledgment: State of ... !!~-~!~~~~-................ . County of .. 1?.~Y!~~~~-................ ss.: On this ... ~~:h ......... day of .. .J~4g4s.t. ......... 2023 .. , before me personally appeared ... ~iHiiiro.1 .. ~-~i9!Q~~r. ............... , to be known, whom being by me duly sworn, did depose and say: that he/she resides at .. S.c:bau.ruburg, LL ........................................................... , .................................. , the corporation described in and which executed the annexed instrument; that he/she knows the corporate seal of said corporation that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he/she signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. Notary Public in and for the a ove County and State. 03/09/2027 My commission expires ................................ . CAPITOL INDEMNITY CORPORATION POWER OF ATTORNEY CICI938121 Bond Number KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEM.~TY CORPORATION, a co[1Jorntion of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint William Reidinrer Name of Individual its true and lawful Al1omey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of surctyship, provided that no bond or undertaking or contract of suretyship executed under this authority shull exceed in amount the sum of $ SccBondFonn for CICI938121 on bebalfof Precision Concrete Cutting Bond Amount Bond Number Principal This Power of Attorney is granted aad is signed aad sealed by facsimile under aad by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby arc granted the power and authorization to appoint by a Power of Attorney for the pu.rposes only of executing and atlesting bonds and undenakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and at1orney(s)-in-fac1, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such ofliecrs and seal of the Company may be allixcd to any such power of attorney or lo any certificate relating thereto by facsimile, and any such power of atlorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile se.al shall be va lid and binding upon the Compan y in the future with respect to any bond or undenaking or other writing obligatory in the nature th ereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of sa id officers, al any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the At1omey- in-Fact includes aay and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by tl1e Stale of Florida Department of Transportation. ll is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate lo the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Depanment of Highways only, it is agree<l that the power and authority hereby given to the Allorney- in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -Department of Highways of the Commonwealth or Kentucky at least thirty (JO) days prior lo the modification or revocation. IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and i1s corporate seal lo be hereto affixed du ly attested, this I st day of September, 2022. Attest: t} ) ( (___ Y'-L Ryan J. Byrnes Senior Vice President , Chier Financial Officer and Treasurer Todd Burrick Chief Underwriting Officer STATE OF WISCONSIN COUNTY OF DANE } S.S.: CAPITOL INDEMNITY CORPORATION ~~ Adam L. Sills Chi ef Executi ve Officer and President On the Isl day of September, 2022 before me personall y came Adam L. Sills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, Slate or New York; that he is hief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, lhe corporation described in and which executed the above inslrnmeot; that he knows the seal of lhe said corporation; that the seal affixed lo said instrnrnent is such corporate seul; thul it was so affixed by order of the Board of Directors of said corporation aad that he signed his nume thereto by li ke order. STATE OF WISCON SIN COUNTY OF DANE } S.S.: David J. Regele Notary Public, Dane Co., Wl My Commission Is Pem1ancnt I, the undersigned, duly elected to the office stat ed below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized 10 make this certificate, DO HEREBY CERTIFY that the foregoing a11ached Power of Attorney remains in full force ond has not been revoked; and furthermore, lhal the Resolution of the Board of Directors, sel fonh in the Power of Allorney is now in fo rce. Signed and scaled al thc City of M iddlcton, State of Wisconsin thi s ____ 25_t_h ___ day of ______ A_u_g ... u_s_t ---~--· 20 ~-r-· -5)~..ft\~~~ Suzanne M. Rrnadb,~nt Seercta(y THI S DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING TIIE AUTHE TICITY OF THIS DOCUMENT CALL 800-475-4450. CIC-ePOA (Rev. 09-2022) CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT CIVIL CODE SECTION 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 Countyof S.q-,J j)1€:.&o on .Av"'VS7""" 2 't loz.. 3 before me, Gav,\-J Rcvu t5 A...-\ 1 J trrtot-a_1 Pv(3U (__ personally appeared \l£,v1 ,J M. Sr£,-.) 6--€,{__ who proved to me on the basis of satisfactory evidence to be the person~hose nam~is/ ¢ s~bscribed to the wi~hin instru~e~t and acknowled~ed to me _th~t he/~t~v exe~uted the same in h1s/f).eflt l]tff' authorized capac1ty(ifs), and that by h1s/l}er/t !t_e'1r s1gnature.Jtf on the instrument the perso~ or the entity upon behalf of which the perso~ted, executed the instrument. .•: ................... •: .............................. . :: ~::./.?• GAVIN ROBERTSON :: ;-:,_, / ' ' COMM. tt2341312 -~ !s NOTARY PUBLIC ,. CALIFORNIA ~ ~-SAN Dll:GO COUNT! ~ :: Commission Expires Jan 12, 202'i :: =="■--•■r■--••"••••• ..... •.•,.••••••••••••••••••-.."'•••-,,.••••••••-.'\.'\."■••••--•••,.~'\.•, ... -.'-... "~•-- Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the Laws of the State of California that the foregoing paragraph is true and correct. WITNESS m~ hand and ~fficial s~ Signature ~ 1 ~ Signature of Notary Public ...................................................................................................... OPTIONAL ......................................... -.............................. _. ............... . Description of Attached Document: _________________________ _ Document Date: ___________________ Number of Pages: _______ _ Signer(s) other than named above: __________________________ _ 8/31/23, 4:56 PM Company Profile I.. ; CALIFORNIA ' : DEPARTMENT OF INSURAr~CE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information CAPITOL INDEMNITY CORPORATION P.O. BOX 5900 MADISON, WI 53705 800-475-4450 Old Company Names Effective Date Agent For Service Melissa DeKoven 2710 Gateway Oaks Drive, Suite 150N Sacramento CA 95833-3505 Reference Information NAIC #: California Company ID #: Date Authorized in California: License Status: Company Type: State of Domicile: back to top NAIC Group List NAIC Group#: 0031 Lines Of Business 10472 I 5126-8 I 09/24/2008 UNLIMITED-NORMAL I Property & Casualty II WISCONSIN BERKSHIRE HATHAWAY GRP The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE hltos://interactive .web.insur;:ince.rn .oov/com o;:invorofile/como;:invnrofile?evt=rnl=r.om o;:invProfilP.&doF 11nr.tion=oP.lt.omnr1nvProfilP.&P.ici= 107121 1/2 PWM24-2292TRAN EXHIBIT D LIST OF SIDEWALK REPAIR AREAS High Low Slice Status ID# Lat/Long point point length (1/8) (1/8") ft Level 2 1 (-117 .31842655688523 33.13085820878503) 6 0 6 Level2 2 (-117.31873098760843 33.13014421175086) 6 0 5 Level3 3 (-117 .3187568038702 33.13004650348636) 12 0 6 Level3 4 (-117 .31878396123646 33.1300139340407) 13 6 12.5 Level2 5 (-117 .31879636645318 33.1299563759391) 4 4 3.5 Level 3 6 (-117 .31879770755768 33.12994514508559) 8 3 13 Level 2 7 (-117 .3187916725874 33.129858948237185) 6 0 10 Level2 8 (-117 .31876619160177 33.129858948237185) 7 0 3 Level2 9 (-117 .31876082718372 33.12980784778548) 4 0 4 Level2 10 (-117 .31876820325851 33.12976039733938) 5 0 15.5 Level2 11 (-117 .31877189129591 33.12971687767694) 6 4 10.5 Level 3 12 (-117 .31876116245985 33.129660723241884) 10 4 8.5 Level 2· 13 (-117 .31877423822881 33.129665777142506) 5 2 10 Level 2 14 (-117 .31877356767654 33.12965651165781} 4 0 4 Level2 15 (-117 .31876652687788 33.129598111004476) 5 2 15 Level3 16 (-117 .31878329068424 33.12957536843184) 11 1 7 Level3 17 (-117 .3187 4004006386 33.12956862989066) 8 0 3.5 Level2 18 (-117 .31878060847521 33.12955459126157) 4 2 3.5 Level3 19 (-117 .31877759099007 33.129545325765136) 9 0 3.5 Level 3 20 (-117 .3187 44063377 4 33.12953634104039) 8 1 3.5 Level 3 21 (-117 .31873769313097 33.129535217949744) 14 0 3 Level3 22 (-117.31872864067554 33.12950826376962} 13 0 10 Level3 23 (-117 .3187269642949 33.12949310203968) 14 6 10 Level2 24 (-117.3187393695116 33.129454636157504) 7 2 5.5 Level2 25 (-117 .31876417994499 33.129465867073755) 5 0 3 Level2 26 (-117 .318743057549 33.12939286609248) 4 4 5.5 Level2 27 (-117.31887213885786 33.12946137470741) 4 0 7.5 Level2 28 (-117.31892947107553 33.12948748658348) 4 1 12 Level2 29 (-117 .31872528791428 33.12939314686559) 4 0 5.5 Level2 30 (-117 .31873266398907 33.12937040423987) 7 2 8 Level3 31 (-117.318674325943 33.12922468283154) 15 0 5.5 Level2 32 (-117 .31868103146554 33.12921654039502) 4 0 8 Level2 33 (-117 .31866359710693 33.12914185456292) 4 3 3.5 Level2 34 (-117.31863677501677 33.129142696884685) 4 1 7.5 Level3 35 (-117.31855764985086 33.128950085763115) 8 1 3.5 Level2 36 (-117 .31854725629093 33.12894447027218) 7 1 3.5 Armada Dr. Sidewalk Slicing Page 10 PWM24-2292TRAN High Low Slice Status ID# Lat/Long point point length (1/8) (1/8") ft Level3 37 (-117 .31853920966387 33.128893088513465) 9 9 3.5 Level3 38 (-117.3185271397233 33.128873153506085) 11 3 7.5 Level 3 39 (-117 .31850367039442 33.12889028076623) 9 1 14 Level 2 40 (-117 .31853183358908 33.1288883153431) 4 3 3.5 Level2 41 {-117.31852144002913 33.12885406081872) 4 1 3.5 Level2 42 (-117 .31851372867824 33.128844233698594) 5 3 11 Level2 43 (-117.31847148388624 33.12884676067244) 7 0 11 Level3 44 (-117.31848187744617 33.128840864400004) 10 0 7 Level 2 45 (-117.31846813112496 33.12883075650351) 6 0 10 Level 3 46 (-117.31848891824484 33.128804644432115) 9 0 3 Level 3 47 (-117.31840845197439 33.1287055308002) 12 0 14 Level2 48 (-117.31840979307889 33.12864235633049) 4 2 3.5 Level3 49 (-117.31836050748825 33.12860417085123) 11 0 9.5 Level2 50 (-117.31835916638376 33.12858928974084) 5 0 4 Level3 51 (-117 .31830887496473 33.12850870708039) 8 0 11 Level3 52 (-117 .31829177588224 33.128481191033046) 10 0 11 Level3 53 (-117.318293787539 33.12847164464728) 12 4 7 Level2 54 (-117 .31828808784485 33.128463782917024) 4 2 2.5 Level 3 55 (-117 .31823913753033 33.12835540327826) 9 0 7 Level 3 56 (-117.31821935623886 33.12833434504276) 9 0 13.5 Level 2 57 (-117 .31824249029158 33.12831777922731) 6 4 2 Level 2 58 (-117.31818079948427 33.12824196952341) 4 2 7.5 Level2 59 {-117.31815800070764 33.1282088378545) 7 0 15 Level2 60 (-117 .31817945837973 33.12821080329282) 7 1 7.5 Level2 61 (-117 .31813218444587 33.12818441026007) 4 3 3.5 Level3 62 (-117.31809027493 33.12811056588163) 8 0 9 Level3 63 (-117 .31806781142949 33.12797158104647) 10 0 11 Level 2 64 (-117 .31799338012934 33.12790279049109) 7 0 8 Level 3 65 (-117 .31797862797976 33.12790672138144) 11 1 4 Level 2 72 (-117 .31794711202382 33.12775313574981) 5 3 3.5 Level 3 73 {-117.31791961938143 33.127764086105365) 10 1 13.5 Level 2 74 (-117 .31792464852333 33.12773853527357) 6 0 3 Level 2 75 (-117.3179407417774 33.12771045742786) 5 0 4 Level 2 76 (-117.31792733073235 33.12770399952208) 5 2 4 Level 3 77 (-117.31790084391832 33.127705684193195) 10 0 19 Level 3 78 (-117.31788508594035 33.12769754161582) 8 0 3.5 Level 3 79 (-117.31789313256739 33.12768069490159) 10 0 13 Level2 80 (-117.3179179430008 33.12766637519198) 6 3 2.5 Level3 81 (-117 .31792867183684 33.12767170998601) 9 0 9 Armada Dr. Sidewalk Slicing Page 11 PWM24-2292TRAN High Low Slice Status ID# Lat/Long point point length (1/8) (1/8") ft Level2 82 (-117 .3179464414 7156 33.127686310473365) 4 1 3.5 Level2 83 (-117.3179729282856 33.12769754161582) 4 0 3.5 Level2 84 (-117 .31798198074101 33.127682098794565) 7 1 9 Level2 85 (-117.3179229721427 33.12764222822535) 4 3 1.5 Level2 86 (-117 .31801383197306 33.12770961509236) 6 5 3.5 Level3 87 (-117 .31805037707089 33.127697260837266) 12 0 22 Level 3 88 (-117 .3180128261447 33.12782052253168) 11 7 3.5 Level2 89 (-117.318018861115 33.127851969678865) 4 0 9 Level3 90 (-117 .31784015893936 33.12757736831702) 13 0 14.5 Level2 91 (-117.31784451752902 33.12760937710894) 4 0 3.5 Level 2 92 (-117 .31782574206589 33.127486395897314) 6 0 3 Level3 93 (-117.31777511537074 33.12744231354894) 14 0 20 Level2 94 (-117 .31775499880312 33.12735162176896) 4 0 7.5 Level3 95 (-117 .31772650033237 33.127352183328256) 14 0 6.5 Level3 96 (-117.31773152947426 33.12733533654777) 13 0 10.5 Level3 97 (-117.31772549450397 33.1273198936628) 12 0 15.5 Level 3 98 (-117 .31773722916842 33.12731062793055) 12 0 3.5 Level 2 99 (-117 .31772985309362 33.12730388921556) 7 3 3.5 Level 2 100 (-117 .31766782701015 33.12722695551603) 6 0 7 Level 3 102 (-117.31766648590565 33.12721347807268) 12 1 7 Level2 103 (-117 .31762927025557 33.127094988794155) 4 2 3.5 Level3 104 (-117.31761083006859 33.12707954586695) 11 0 7.5 Level 3 105 (-117 .31759306043388 33.127080949769514) 14 1 14.5 Level 3 106 (-117 .31758568435909 33.12705399483593) 10 0 17 Level2 107 (-117 .31756590306759 33.12705259093291) 5 2 3.5 Level2 108 (-117 .31745593249796 33.12681420787492) 6 1 7 Level2 109 (-117.31744419783352 33.12680887302875) 5 0 7.5 Level2 110 (-117 .31739759445189 33.12672154997 4505) 4 0 6 Level2 111 (-117.31739994138479 33.126708634017) 6 0 11 Level 2 112 (-117.31738485395907 33.12669347180356) 5 0 8 Level 2 113 (-117 .3173302039504 33.126561504279856) 4 0 22 Level 3 114 (-117 .31728862971066 33.12649074714292) 8 4 29.5 Level 3 115 (-117 .31727555394173 33.12646575750552) 13 3 16 Level2 116 (-117.3171803355217 33.12631329248516) 5 3 5 *109 total locations, ID numbers 66-71 and 101 removed Armada Dr. Sidewalk Slicing Page 12 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 8/24/2023 Burnham WGB Insurance SolutionsCAInsuranceLicense0F6977115901RedHillAvenueTustinCA92780 Andrea Martin 714-824-8371 714-573-1770 amartin@wgbib.com American Fire and Casualty Company 24066 SOUTH47 Starstone National Insurance Company 25496SouthernCaliforniaPrecisionConcrete,Inc.Dba Precision Concrete Cutting32428CampoDriveTemeculaCA92592 Kinsale Insurance Company 38920 Benchmark Insurance Company 41394 2144755942 C X 1,000,000 X 100,000 X 2,500 5,000 1,000,000 2,000,000 X 0100240052-0 5/15/2023 5/15/2024 2,000,000 A 1,000,000 X X X BAS57604891 5/15/2023 5/15/2024 B X X 1,000,00072775T237ALI5/15/2023 5/15/2024 1,000,000 D XCST50254566/2/2023 6/2/2024 1,000,000 1,000,000 1,000,000 City of Carlsbad is named as additional insured on the General Liability per attached CG 2010 1219 and CG2037 1219 as required by written contract subject tothetermsandconditionsofthepolicy. Primary and Non-Contributory applies on the General Liability per the attached CAS5003 0717WaiverofSubrogationappliestotheGeneralLiabilityperattachedCG24040509WaiverofSubrogationappliestotheWorkers'Compensation per attached WC 04 03 06 City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 947MurrietaCA92564 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you 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 2.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured: Carrier Name / Code: WC 04 03 06 Countersigned by Endorsement No. Benchmark Insurance Company A Southern California Precision Concrete, Inc (Ed. 04-84) Page 1 of 1© Copyright 1984 National Council on Compensation Insurance, Inc. Policy No.: CST5025456Endorsement Effective Date: 06/02/2023 Policy Effective Dates: 06/02/2023 - 06/02/2024 THIS ENDORSEMENT CHANGESTHE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Additional Premium:Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIALGENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE ENVIRONMENTAL COMBINED LIABILITY POLICY -ALL COVERAGEPARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis,in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 1of 1CAS50030717 Attached To and Forming Part of Policy 0100240052-0 Effective Date of Endorsement 05/15/2023 12:01AM at the Named Insured address shown on the Declarations Named Insured Southern California Precision ! " #$ " % &' ()&* (()* *+*!, &'-() ( .)! (*(&!)'& ! *+*!, &'-() ( .)! */0') *+*!, &'-() ( .)! .'**0!' *+*!, &'-() ( .)! (1 !( 1!(1 .'**0!' *+*!, * !( &'-() ( .)! (1 !( 1!(1 .)'0&!1 &' .*(!( '.()!'1 *+*!, &'-() ( .)! )*)' .)'!(&!-( *+*!, &'-() ( .)! 0() )'0 1!') ( !2 .'*&, (1 !( !21 ! ** '!3() !() 1 &'!'1 '4 !3( .'*&, )( 0&3 (5 'ϮϰϱϯϭϮϭϵ WĂŐĞϭŽĨϭΞ/ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĨĨŝĐĞ͕/ŶĐ͕ϮϬϭϴ 0100240052-0 Southern California Precision 5 5 3 " " ! " # $ %& ' # !" (( ) *+ , - %$! $ % &! " &(! & $! $ " ! $( # ./ *$ 0$! ./ # $% & '( )*+,- ). ,, )/ 0). )1, +2.10-+12 34 $3 3 3% ( ' 5 67 ( 6 % 5 8 6 ( 6 '( ( 6 69 3 3 6 6 ' 5 7 5 8 9 8 & 6 . % 8 '7% ' 9 %! 1 # 6:; 5 < :; . % ' ( 6 ' ( 8 =' ( >(? =66( 5? % 6% '( =( $? 5 ' 8 68 8 =6 6 6 <?9 ,, 21@)0 1)0. +2 12. 2A 1@) B2,+4 0) -+@!) 9 'ϮϬϯϳϬϳϬϰ WĂŐĞϭŽĨϭΞ/^KWƌŽƉĞƌƚŝĞƐ͕/ŶĐ͕͘ϮϬϬϰ 0100240052-0 5 15 Ϯ3 Southern California Precision THIS ENDORSEMENT CHANGESTHE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS,LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION Additional Premium:Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)orOrganization(s)Location(s)of Covered Operations Blanket,as required by written contract,executed prior to the start of work on the project. Locations as required and specified by written contract, executed prior to the start of work on the project. 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 toincludeasanadditionalinsuredtheperson(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 additionalinsuredonlyappliestotheextentpermitted 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 theseadditionalinsureds,the following additionalexclusionsapply: This insurance does not apply to "bodily injury"or "property damage"occurring after: 1.All work,including materials,parts orequipmentfurnishedinconnectionwithsuch 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 orsubcontractorengagedinperforming operations for a principal as a part of the same project. ©Insurance Services Office,Inc.,2018 Page 1of 2CG20101219 Attached To and Forming Part of Policy 0100240052-0 Effective Date of Endorsement 05/15/2023 12:01AM at the Named Insured address shown on the Declarations Named Insured Southern California Precision C.With respect to the insurance afforded to theseadditionalinsureds,the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured isrequiredbyacontractoragreement,the most wewillpayonbehalfoftheadditionalinsuredistheamountofinsurance: 1.Required by the contract or agreement;or 2.Available under the applicable limits ofinsurance; whichever is less. This endorsement shall not increase theapplicablelimitsofinsurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. ©Insurance Services Office,Inc.,2018 Page 2 of 2CG20101219