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HomeMy WebLinkAboutL.C. Paving and Sealing Inc; 2023-11-15; PWM24-2311TRANPWM24-2311TRAN El Fuerte St. Asphalt Repair Page 1 City Attorney Approved 8/15/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EL FUERTE ST. ASPHALT REPAIR This agreement is made on the ______________ day of _________________________, 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and L.C. Paving and Sealing, Inc., a California corporation whose principal place of business is 620 Alpine Way, 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: Michael O'Brien (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. DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 15th November PWM24-2311TRAN El Fuerte St. Asphalt Repair Page 2 City Attorney Approved 8/15/2023 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 MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and 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. 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. DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 PWM24-2311TRAN 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 , µ____,__.,_~~~-- Print Name: Jose A. Salinas REQUIRED INSURANCE. The successful contractor sha ll 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 (NAie) 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 schedu led 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 sha ll 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 additiona l insured. The full limits available to the named insured shall also be available and applicable to the City as an additional in sured. 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. El Fuerte St. Asphalt Repair Page 3 City Attorney Approved 8/15/2023 PWM24-2311TRAN El Fuerte St. Asphalt Repair Page 4 City Attorney Approved 8/15/2023 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 sixty (60) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after commencing work. CONTRACTOR’S INFORMATION. L.C. Paving and Sealing, Inc. 620 Alpine Way (name of Contractor) 621610 (street address) Escondido, CA 92029 (Contractor’s license number) A, B, C-12 - 8/31/2024 (city/state/zip) 760-752-1743 (license class. and exp. date) 1000004325 - 6/30/2024 (telephone no.) Shawn@LCPaving.com (DIR registration number/exp. date) (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] DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 CONTRACTOR L.C. PAVING AND SEALING, INC., a California corporation Byfo: Jose A. Salinas, President & CFO (print name/title) By: (sign here) (print name/title) PWM24-2311TRAN CITY OF CARLSBAD, a municipal corporation of the State of California 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. !f.i! 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: b\lM, ttU'YU"ll Deputy City Attorney El Fuerte St. Asphalt Repair Page 5 City Attorney Approved 8/15/2073 PWM24-2311TRAN El Fuerte St. Asphalt Repair Page 6 City Attorney Approved 8/15/2023 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 PWM24-2311TRAN El Fuerte St. Asphalt Repair Page 7 City Attorney Approved 8/15/2023 EXHIBIT B El Fuerte St. Asphalt Repair The Contractor shall repair and replace approximately 1890 square feet of asphalt that has sunk due to poor compaction located on El Fuerte Ave in the south bound lane between Faraday Avenue and Palomar Airport Road, in Carlsbad. Contractor’s work includes but not limited to: calling for utility location, saw cutting or cold milling and removal of existing asphalt, installing class 2 base and compacting (to Greenbook Standards), application of SS1H tack coat to all vertical surfaces, pave road at 6” using standard Greenbook specifications in 3” lifts. Before any work can start contractor shall apply for a no-fee right-of-way permit, traffic control will be provided by the City. Contractor is responsible to obtain a water meter from Carlsbad Municipal Water District if any city water is needed during the project. Any road cleanup from debris left after project must be cleaned up by the contractor before leaving the project site. All subcontractors must be added to the contract in exhibit A prior to execution of the contract. All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, latest edition, the 2021 Standard Specifications for Public Works Construction (Greenbook), 2018 Caltrans Standard Plans and Caltrans Specifications and California Manual on Uniform Traffic Control Devices. JOB QUOTATION ITEM NO. UNIT UNIT PRICE QTY DESCRIPTION PRICE 1 LS N/A 1 Mobilization $11,500 2 SF $7.50 1890 A/C Pavement Removal $14,175 3 TON $256 65 6" A/C Paving (2 Lifts Of 3") ( Main Line Paving Full Lane Width 18' X 105' (1890 SF) $16,640 TOTAL* $42,315 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 PWM24-2311TRAN El Fuerte St. Asphalt Repair Page 8 City Attorney Approved 8/15/2023 Exhibit B Continued (Site Image) DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 EXHIBITC LABOR AND MATERIALS BOND PWM24-2311 TRAN Bond Number: 0101721 Premium: $1,058.00* * Subject to Adjustment Based on Final Contract Price WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to L.C. Paving and Sealing, Inc. (hereinafter designated as the "Principal"), a Contract for: EL FUERTE ST. ASPHALT REPAIR in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, LC. Paving and Sealing, Inc., as Principal, (hereinafter designated as the "Contractor"), and Developers Surety and Indemnity Company , as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty-two thousand, three-hundred fifteen dollars ($42,315), said sum being an amount equal to: One hundred percent (100%) ofthe 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. El Fuerte St. Asphalt Repair Page 9 City Attorney Approved 8/15/2023 DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 PWM24-2311TRAN 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 18th dayof ______ O_c_m_b_er ____ __,2023 _LC_Pa_v_in~g _&_S_ea_li~ng'-, _ln_c. ______ (SEAL) ( ri cipal) (Name/Title) Developers Surety and Indemnity Company (SEAL) (Surety) By:---+------------- (Signature) Lawrence F. McMahon, Attorney-In-Fact (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: Deputy City Attorney El Fuerte St. Asphalt Repair Page 10 City Attorney Approved 8/15/2023 DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracy, or validity of that document. --- State of California County of San Diego before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._S_a_l_in_a_s _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ft •••••• ft. WITNESS my hand and official seal. MARISA ANN HAAS ~ . , Notary Public • Catlforni: • • -~" ·; San D1e-;;o County ~ , .. ,if Commission !i 2306519 - • My Comm. Expires Sep 24, 2026 (Seal) DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 ACKNOWLE DGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on October 18, 2023 before me Minna Huovila, Notary Public '-------------------(insert name and title of the officer) personally appeared Lawrence F. McMahon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to th.e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ (Seal) a MINNA HUOVILA I COMM. #2313883 o NOTARY PUBLIC-CALIFORNIA en SAN DIEGO COUNTY !2 My Commission Expires 1 DECEMBER 6, 2023 _ • DocuSign Envelope ID: F3D2276B-53DB-4E5A-9CA4-F29621993292 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd l'loor, New York, NY 10038 (2 12) 220-71 20 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE lNSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: _L_a_w_r_e_n_ce_F_. _M_c_M_a_h_o_n_, _Jo_h_n_R_. _a_u_a_lin_,_s_a_r_a_h_M_y_e_rs_,_T_a_r_a_B_a_c_o_n_, M_a_ria_H_a_ll_m_a_rk_an_d_M_in_n_a_H_u_ov_i_la ___ , of San Diego, CA as its true and lawful Attorney-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of surelyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perfonn every act necessary, req uisite or proper to be done in connection therewith as each or said company could do, but reserving to eac h of said company full power of substitution and revocation, and all of the acts of said Attorney-in-Fact, pursuant lo these presents, are hereby ratified and confirmed. This Power of Attorney is effective June 1, 2023 and shall expire on December 31, 2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors ol"COREPO!NTE INSURANCE COMPANY and DEVELOPERS SURETY AND IND EMNlTY COMPANY (collecti vely, "Company") on February 10, 2023. RESOLVED, that Sam Zaza_ President Surely Underwriting. James Bel l. Vice President Surety Underwriting, and Craig Dawson. Executive Underwriter. Surety. each an employee of Am Trust North America, Inc., an affiliate or the Company (the "Authorized Signors"), are hereby authorized lo exec ute a Power of Attorney, quali fying attorney(s)-in-foct named in the Power or Allorney to execute, on behalf of tl1e Company, bonds, underlakings and contracts of surctyship, or olher surctyshi p obligations; and that the Secretary or any Assis Lant Secretary of the Company be, and each of them hereby is, authorized to attest the execulion of any such Power of Attorney. RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed lo any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the ruture with respect lo any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents lo be signed by the Authorized Signor and attested by their Secretary or Assistm1l Secretary lhis ______ M_ar_c_h_2_7~,_2_0_2_3 _____ _ ~ , .......... ,,., , ~~u~' B • t?a ... , ~., \ .. ····· ll/.c ,, y. ,. "-v •• 0 ·• ·,<,. , :-~ .··o~P Fv.i;·. ,, ~ Printed Nai ·: Sam Zaza : O :• Ci <;.<'\ b ~ = a.f SEALl ~= :LLl ~ ::n : -ex'..· • ~. ~o ·• :<': ~, () •••91:t..Awr,.~Y-;•'• ';-,.: ... ,,, ••···· ···•• ,, ... -'•,,, * , ... • ''""°'''' Title: President, Surely Underwriting ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identi ty of the individual who signed the document to which this certificate is attached, and not the truthfi.tln ess, accuracy, or validity of that document. STATE OF Cali fornia --------------COUNTY OF _O_r_a1~1g~e ________ _ On !his X]__ day of March 202)__, before me, Hoang-Q uyen Phu Pham , personally appeared ~S,~m~11~Z~az=_=a ________ _ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they exec uted the same in their authorized capacity, and that by the signature on the instrum enl the entities upon behalf which the person acted, executed this instrument. I certily, under penalty of perj ury, under the laws oflhe Stale of_C~'=il-"il"'o""n""1i=-a _________ lhat the forego ing paragraph is true and correct. WITNESS my hand and otlicial seal. CORPORATE CERTIFICATION •r HOANc;..QUYEN P. ~HAM f Notary Public -California Oran!!! County Commission# 2◄32970 ••••••• My Comm. Expires 0l!C 31, 2026 The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMN ITY COMPANY, does hereby cerlilY that the provisions of the resolutions of the respective Boards of Directors of said corporations set fo11h in thi s Power of Allorney are in force as oflhe date of this Certification. ll1is Certification is exec uted in the City or Cleveland, Ohio, this March 19, 2023. OocuSigned by: By: -t-t,,,..,a~m~11-'{..,,"1~&-~C.A.s,,,__,s ______ _ 686415E7ADE548C ... Barry W. Moses, Assistant Secretary POANo. N/A ------- DocuSignEnvelope ID: 3352BFD6-5E9O-4 796-837E-C 1 E455E6530F Ed. 0323 Signed and sealed this 18th day of October, 2023 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DDIYYYY) "'--'' 03/23/2023 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEOATIVELY AMEND, EXTEND OR ALTER THE COVERAQE 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 CERTIACATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or-be endorsed. If SUBROOATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may nquire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~i~\~CT CLIENT CONT ACT CENTER FEDERATED MUTUAL-INSURANCE COMPANY r.r,i~~o. Ext); 886-333-4949 I f~. No); 507-446-4664 HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55060 i-J"1oi1tss; CLIENTCONTACTCENTER""'FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 416-992-6 INSURER B: LC. PAVING & SEALING, 620 ALPINE WAY INC. INSURER C; ESCONDIDO, CA 92029-1204 INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 23 REVISION NUMBER: 1 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. • l,N.§,f TYPE OF INSURANCE ADe, "'" POLICY NUMBER POLICY EFF POLICY EXP LIMITS _!, COMMERCIAL GENERAL LIABILITY EACH OCCURRENC5 $1,000,000 -tJ CLAIMS-MADE [!] OCCUR &~AGE TO_~ENTED PREMISES $100,000 MED EXP (Arly 0ne pers0n) $5,000 -A y N 1845867 11/15/2022 11/15/2023 PERSONAL & MJV INJURY !l.1 000 000 -GENERAL AGGREGATE 't'l 000 000 i1GEN L AGGREGATE LIMIT APPLIES PER: POLICY □rc?r □ Loc PRODUCTS li COMP/OP A.CC $2,000,000 OTHER: AUTOMOBILE LIABILITY ~~~~~5~t1SINOLE LIMIT $1,000,000 - X ANY AUTO BODILY INJURY (Per Person) -A OWNED AUTOS OOLY ~8~ULED N N 1645867 11/15/2022 11/15/2023 BODILY INJURY (Par A«id,nlj - HIREDA.UTOSOWNLY NON•OWNED PROPER,TY DAMAGE -AUTOS ONLY _!, UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 A EXCl::SS LIAS CLAIMS-MADE N N 1845866 11/15/2022 11/15/2023 AGGREGATE $5,000,000 DED I IRETENTICN WORKERS COMPENSATION I PER STATUTE I ioTHER AND EMPLOYERS' LIABILITY L l>J'lY PROPRIETOR/PARTNER/ EXECUTIVE E.L EAU ACCIDENT OFFICER/MEMBER EXCLUDED? N/A {Mandatory In NH) E.L DISEASE £A EMPLOYEE II ~es. describe under DESCRIPTION OF OPERATIONS b,IDW E.L DISEASE • POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES !ACORD 101, Addll!onal Remut.1 Schedule, may be attached if m0re sp1ee i1 required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 416-992~ 23 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CITY OF CARLSBAD/CMWD C/0 EXIGIS INSURANCE COMPLIANCE SERVICES BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 947 ACCORDANCE WITH THE POLICY PROVISIONS. MURRIETA, CA 92564-0947 AUTHORIZED REPRESENTATIVE ) ✓) 0 t.~ @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER 10: :._4:._16:._-9:.:92::.._-< __________________ _ LOC#: __________________ _ ADDITIONAL REMARKS SCHEDULE Page o! AGENCY NAMEO INSUREO FEDERATED MUTUAL INSURANCE COMPANY LC. PAVING & SEALING, INC. 620 ALPINE WAY POLICY NUMBER ESCONDIDO, CA 92029-1204 SEE CERTIFICATE# 23.1 CARRIER r NA.IC COOE EFFECTIVE OATE: SEE CERTIFICATE # 23.1 SEE CERTIFICATE# 23.1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE Of LIABILITY INSURANCE BID NO, PWS22-1582TRAN; CCIIITRACT NO. 6042 EI CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS -PHASE II THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRLCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIHARV AND NONCONTRIBUTORY OVER OTHER INSURANCE. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .• PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other • insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 0413 Policy Number: 1845867 Transaction Effective Date: 11/15/2022 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who· Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and · such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damBge 11 or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions·of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional" insured under this endorsement ends when your operations for that additional insured are comp.leted. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervIsIon, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. © Insurance Services Office, Inc., 2012 Page 1 of2 CG 20 33 0413 Policy Number: 1845867 ,_ Transaction Effective Date: 11/15/2022 2. "Bodily injury" or "property damage" occurring after: a. All work. including materials. parts or equipment furnished in connection with • such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This· endorsement applicable Limits Declarations. shall not increase the of Insurance shown in the Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 04 13 Policy Number: 1845867 Transaction Effective Date: 11/15/2022 i J ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/14/2023 License # 0C36861 (619) 238-1828 (619) 699-2100 39152 LC Paving & Sealing, Inc. 620 Alpine Way Escondido, CA 92029 A X SAMTWC10018201 9/12/2023 9/12/2024 1,000,000 Y 1,000,000 1,000,000 RE: All Projects. Waiver of subrogation applies to the Workers Compensation but limited to the operations of the Insured under said contract, and always subject to all the policy terms, conditions and exclusions per endorsements attached. Cancellation wording applies per the terms and conditions of the attached form when required by written contract or agreement. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 LCPAVIN-01 DLI San Diego-Alliant Insurance Services, Inc. 701 B St 6th Fl San Diego, CA 92101 Sheila West Service American Indemnity Company X ~ ACORD" ~ f------□ f------ f------ f------ Fl □ f------ ' f------ f------ f------ □ □ ~ f------ f------ H I I I □ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 0403 06 (Ed. 04-84) 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 0.02% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation 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.) Endorsement Effective 9/12/2022 Insured LC Paving & Sealing Inc WC 0403 06 (Ed. 04-84) Policy No. SAMTWC10018200 Endorsement No. Insurance Company Service American Indemnity Company Countersigned By