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HomeMy WebLinkAboutRCB Enterprise Inc, dba Gridlock Sign & Safety Solutions; 2024-11-01; PWM24-3475TRANPWM24-3475TRAN R73 INTERSECTION SIGNS REPLACE - EL CAMINO REAL Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT R73 INTERSECTION SIGNS REPLACE - EL CAMINO REAL This contract is made on the ______________ day of _________________________, 2024 (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and RCB Enterprise, Inc., a California corporation dba Gridlock Sign & Safety Solutions whose principal place of business is 30749 Point Woods Ct., Temecula, CA 92591 ("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. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. 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 the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 1st October PWM24-3475TRAN R73 INTERSECTION SIGNS REPLACE - EL CAMINO REAL Page 2 City Attorney Approved 6/5/24 Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor’s required certification is provided in Exhibit D. 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 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 PWM24-3475TRAN 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 Contract 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 ~~~dti~~my of Carlsbad to disqualify the Contrac or or subrn troctor fr~ng in contract Signature: Print Name: Rebecca Buchholz 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 written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 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. R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL Page 3 City Attorney Approved 6/5/24 PWM24-3475TRAN R73 INTERSECTION SIGNS REPLACE - EL CAMINO REAL Page 4 City Attorney Approved 6/5/24 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. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against 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. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within ten (10) 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. RCB Enterprise, Inc. dba Gridlock Sign & Safety Solutions PO Box 890516 (name of Contractor) 1069303 (street address) Temecula, CA 92589 (Contractor’s license number) D42 09/30/2024 (city/state/zip) 619-933-2367 (license class. and exp. date) 1000730682 12/31/2024 (telephone no.) cory@gridlocksafety.com (DIR registration number/exp. date) (e-mail address) Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 PWM24-3475TRAN AUTHORITY. The individuals executing this Contract 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 Cont~2~tor to the tefms and conditions of this Contract. CONTRACTOR RCB .,ENTrni"RISE, INC, a California 'i:;orporation dba Gridlock Sign & Safety S~l~ti'ons ' By: Rebecca Buchholz, President By: Cory Buchholz, Secretary & CFO (print name, title) CITY OF CARLSBAD, a municipal corporation of the State of California By: AZ GOMEZ, Deputy City Manager, Public Works, ----as authorized by the City Manager ATTEST: SHERRY FREISINGER, City Clerk By: j~ R-.. ~ ~ Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !.f...§. corporation, Contract 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: ___ bi_·tM., __ f¾i_~ __ 'Dv __ _ Assistant City Attorney R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL Page 5 City Attorney Approved 6/5/24 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 PWM24-3475TRAN EXHIBIT A LISTING OF SUBCO NTRACTORS 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 t o 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 Business Name and Address DIR Registration No. License No., % of to be & Expiration Date Classification Total Subcontracted & Expiration Contract Date N/A IV/A !J/A /v /A N/A Total% Subcontracted: __ 7.,..JY=---- The Contractor must perform no less than 50% of the work with its own forces. R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL Page 6 City Attorney Approved 6/5/24 PWM24-3475TRAN R73 INTERSECTION SIGNS REPLACE - EL CAMINO REAL Page 7 City Attorney Approved 6/5/24 EXHIBIT B R73 Intersection Signs Replace - El Camino Real Replace qty 35 R73-X signs on El Camino Real (WO 1029) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 ea 35 Remove old sign and install new r73-2 mast arm sign $$26,250 2 ea 35 36"x36" ALUMINUM SIGN R73-2 BLK/WHT DIAMOND GRADE W/PREMIUM UV OVERLAY $5,600 TOTAL* $31,850 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 Premium Subject to Adjustment Based on Final Contract Price EXHIBIT C LABOR AND MATERIALS BOND PWM24-3475TRAN Bond No. 100880142 Premium: $637.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to RCB Enterprises, Inc. dba Gridlock Sign & Safety Solutions (hereinafter designated as the "Principal"), a Contract for: R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL 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, RCB Enterprises, Inc. dba Gridlock Sign & Safety Solutions, 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 thirty one thousand eight hundred fifty dollars ($31,850), 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. 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. R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL Page 8 City Attorney Approved 6/5/24 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 PWM24-3475TRAN 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 __ 5t_h __ day of ____ A_ug_u_s_t -------~ 2024 RCB Enterprise, Inc dba Gridlock Sign & Safe_ty_so_l_ut_io_n_s _________ (SEAL) (Princi By: ----==---/✓~'-t:::::==--"'--::~~~-=--­ ~(Signat CoR.'-r' f>1.1tHHu '-c Vut ?,-z6~tl6,,.v7' (Name/ itle) American Contractors Indemnity Company _(SEAL) (Sl ey) By , 0 lure) Ariel T. Heredia, 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 Assistant City Attorney R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL Page 9 PLEASE SEE ATTACHED ALL PURPOSE ACKNOWLEDGMENT WITH WORDING REQUIRED IN CALIFORNIA FOR NOTARY PUBLIC SEAL JV 08/0£R /102'-f City Attorney Approved 6/5/24 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 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 Orange AUG O 5 2024 On ___________ before me, _____ K_._H_o_, _N_o_ta_ry_P_u_b_li_c _____ _ (insert name and title of the officer) personally appeared __________ A_ri_e_l T_._H_e_re_d_ia ___________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. K. HO 1 -Notary Public• California ! I Orange County J Commission ~ 2428457 - Signature ____ i\ _ _,}('-':........lL.------ My Comm. Expires No·, 26. 2026 (Seal) Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 TOKIO MARINE HC C 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_8_8_0_1_4_2 _____ _ issued in the course of its business and to bind the Company thereby, in an amount not to exceed ________ O::....;n__;_ce:.....c....;_hu=n--'-'dC..C.r..::..ed..:.;.....:..;th-'-'o:....::u=s-=a'-'-nd-=---=a'-'-nd-=--=-0---=--0:....;/1--=-0---=--0--------<~~$~1_0_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 1'1 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)-i'n-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 lndem~Jty,11119,,~mpany has caused its seal to be affixed hereto and executed by its President on this 18th day of April , 2022. _,,,""'~?--~S!?.Ri'''",,,, /~~~;.-,.... ··<~oX\ AMERICAN CONTiCTORS INDEMNITY COMPANY ~ g ! INCORPORATED : :::j ~ By ·. ~rt>~'· A ="'; SEPT.25,1990 ,•<i!i ~•!£.! \'~}-.. ./8f Ada S. Pessin, President ~ .. •• .. , ..... ::f %/_,,, c .. <il.';;;·o·~~,ii-,,,"~ A Notary Public or other officer completing this certificate \'.l'll'P1 Ies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validit of that document. State of California County of Los Angeles 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. ~-···········i WITNESS my hand~and official seal, : _: '\ _ Not~;~u~li~~~~ni• z °' i ~ l.D< Angele< County ~ s· t ( ( I) Commission N 2]98710 -1gna Ure~ sea MyComm.ExpiresAprll,2016 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 and affixed the seals o/ said Companies cJt Los Angeles, California this 5th A t 2024 ""111111 ""'111 day of ugus , • ~~~~"'~noRi'Z;;,\ ~ Bond No. 100880142 h-' ··{l\ Agency No. 4046 ~ g • INCORPORATED : ==i ~ ir·,u-Lo AssIsta ecretary °% i '\ SEPT 25, 1990 / ;< f 1 ' , . . . 'Z,};.-ii'.iiji;;~;;~·:,::~/ V1s1t tmhcc.com/surety for more 1nformatIon 'lft:111I;11:1.,11\;11"'' HCCSOZZPOAACIco712023 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 ALL-PURPOSE ACKNOWLEDGMENT ~:::X:::)<:X:::X:::,C>::.::X::X::X::X::X:::><:>C>c:::X::>s-::X::X::X::X::X-::X-~X::::X:::X::X:: - I 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 tmthfulness, accuracy, or validity of that document. State of California County of g\\/fXSf d } SS. On /t];AU S ~ ~ (r; r 2Q2'-/ J DATE ' before me, Io~ h 'Pale {,£ /i.l of-a":f Pub lt c.. ' Notary Public, personally appeared ---+-C~o..,_,__r Y-=-~B~,~L c~h~h~t~)_I =2~----------' who proved to me on the basis of satisfactory evidence to be the person(~hose namec.eftis/)ire subscribed to the within instmment and ackn6wledged to me tha('fi?/s,he/they executed the same inrms?her/their authoriz'ecrc'"apacity(~), and that by~'r?their signature(4 on the instrument the person(n:' or the entity upon behalf of which the ~--·-········1 > JOYTI PATEL : ' Notary Public • California z i Riverside County f ., Commission# 2407742 -~,,, 0•"~ My Comm. Expires Jul 8, 2026 PLACE NOTARY SEAL IN ABOVE SPACE person(nacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL INFOR' The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) □ □ □ INDIVIDUAL CORPORATE OFFICER PARTNER(S) 0 ATTORNEY-IN-FACT 0 GUARDIAN/CONSERVATOR 0 SUBSCRIBING WITNESS TITLE(S) 0 OTHER: ___________ _ SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(LES) DESCRIPTION OF ATTACHED DOCUMENT l tt ha II' tt h d fA-akn· c<,/ 5 &r1.d TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER ,., _g APA O 1/2015 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM © 2005-2017 VALLEY-SIERRA INSURANCE Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 PWM24-3475TRAN EXHIBIT D In -Use Off-Road Di esel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca .gov/our-work/programs/use-road -diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC) for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL Page 10 City Attorney Approved 6/5/24 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 PWM24-3475TRAN EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: D The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. D The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. D Contractor and/or their subcontractor is unable to procure R99 or Rl00 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). D The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). M' The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is ~ached to this certification. Name: Rebecca Bucholz Title: President Date: R73 INTERSECTION SIGNS REPLACE -EL CAMINO REAL Page 11 City Attorney Approved 6/5/24 R73 INTERSECTION SIGNS REPLACE - EL CAMINO REAL Page 12 City Attorney Approved 6/5/24 EXHIBIT ‘E’ – Map of Area for Cartegraph Work Order 1029 . Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 R73 INTERSECTION SIGNS REPLACE - EL CAMINO REAL Page 13 City Attorney Approved 6/5/24 EXHIBIT ‘F’ – List of Assets for Cartegraph Work Order 1029: Asset ID SIGNTYPESIGNSTYLESIGNTESTFACING CAMUTCDDESCRIPTION STREETNAME gispw.SDECB.Sign.GlobalIDTasksExportWO1029_ExcelToTable.OBJECTIDTask_ID Activity Asset WO SGN884 REG R73-2 Lane Control ArrowsSE LANE CONTROL ARROWS EL CAMINO REAL {5878CBB0-DB2F-4BCB-BB0B-9A131191B492}1 62221 STREETS - SIGN REPLACEMENTSGN8841029 SGN14623 REG R73-6 Lane Control ArrowsSE LANE CONTROL ARROWS CANNON RD {7C40603D-EDAC-4E8A-9AC3-BAE4B0168293}2 62222 STREETS - SIGN REPLACEMENTSGN146231029 SGN8238 REG R73-2 KELLY DR SE STREET NAME KELLY DR {E2F6FA40-98EC-49E4-9B1A-91C624F8C8BE}3 62223 STREETS - SIGN REPLACEMENTSGN82381029 SGN8293 REG R73-2 Lane Control ArrowsSE LANE CONTROL ARROWS EL CAMINO REAL {25515BF4-EA4F-4D49-9D7F-7CDEEBCC8CBB}4 62224 STREETS - SIGN REPLACEMENTSGN82931029 SGN8265 REG R73-2 Lane Control ArrowsS LANE CONTROL ARROWS EL CAMINO REAL {20F4ABCB-41C5-4408-984F-FB57AA8E970A}5 62225 STREETS - 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SIGN REPLACEMENTSGN81811029 SGN10797 REG R73-5 Lane Control ArrowsN LANE CONTROL ARROWS EL CAMINO REAL {452F84B0-317F-42FE-BD1D-DB26FA37FB3B}13 62234 STREETS - SIGN REPLACEMENTSGN107971029 SGN11119 REG R73-2 Lane Control ArrowsN LANE CONTROL ARROWS EL CAMINO REAL {577537AA-308F-492D-A0FD-DE63A29296AD}14 62236 STREETS - SIGN REPLACEMENTSGN111191029 SGN15681 REG R3-4 No U-Turn SymbolW NO U TURN CAMINO VIDA ROBLE {009A5539-5ADA-44E9-BD9F-B803853B17A5}15 62237 STREETS - SIGN REPLACEMENTSGN156811029 SGN7722 REG R73-5 Lane Control ArrowsS LANE CONTROL ARROWS EL CAMINO REAL {E8E0F59A-7B30-4583-97C4-603EDCDD516C}16 62238 STREETS - SIGN REPLACEMENTSGN77221029 SGN15655 REG R3-4 No U-Turn SymbolE NO U TURN CAMINO VIDA ROBLE {74F170EA-7E21-47A2-A073-B61DE5DF8119}17 62239 STREETS - SIGN REPLACEMENTSGN156551029 SGN3113 REG R73-2 Lane Control ArrowsN LANE CONTROL ARROWS EL CAMINO REAL {D6638C34-7AF5-457A-9C5F-A3A95AE36861}18 62240 STREETS - SIGN REPLACEMENTSGN31131029 SGN3374 REG R73-5 Lane Control ArrowsN LANE CONTROL ARROWS EL CAMINO REAL {0506BD24-385F-4B9D-8D93-B0D9615EAD6B}19 62241 STREETS - SIGN REPLACEMENTSGN33741029 SGN3266 REG R73-2 Lane Control ArrowsN LANE CONTROL ARROWS EL CAMINO REAL {7E32D7B6-D81A-4D53-972D-D692D6665DC4}20 62242 STREETS - SIGN REPLACEMENTSGN32661029 SGN6283 REG R73-5 Lane Control ArrowsN LANE CONTROL ARROWS EL CAMINO REAL {4826214C-E1FC-43F3-A103-9C67DFA25DA8}21 62243 STREETS - SIGN REPLACEMENTSGN62831029 SGN6277 REG R73-6 Lane Control ArrowsW LANE CONTROL ARROWS CALLE BARCELONA {85C8938E-E8DD-4FC0-84CC-E536633A014D}22 62244 STREETS - SIGN REPLACEMENTSGN62771029 SGN6274 REG R73-2 Lane Control ArrowsW LANE CONTROL ARROWS EL CAMINO REAL {A4CC9A59-F827-40A6-9112-03E8D6CE09F7}23 62245 STREETS - SIGN REPLACEMENTSGN62741029 SGN6268 REG R73-3 Lane Control ArrowsE LANE CONTROL ARROWS CALLE BARCELONA {B0BEFFDC-6533-4D09-8618-83AEEFAFED63}24 62246 STREETS - SIGN REPLACEMENTSGN62681029 SGN3384 REG R73-5 Lane Control ArrowsW LANE CONTROL ARROWS LA COSTA AV {360ABBD4-2B48-47DD-BC95-1370FF5612B0}25 62247 STREETS - SIGN REPLACEMENTSGN33841029 SGN3360 REG R73-2 Lane Control ArrowsS LANE CONTROL ARROWS EL CAMINO REAL {4EEBA000-7604-4F10-954F-A0DB6E89F784}26 62248 STREETS - SIGN REPLACEMENTSGN33601029 SGN3349 REG R73-5 Lane Control ArrowsE LANE CONTROL ARROWS LA COSTA AV {74759A3F-C6C8-4BBE-9EB1-F344659FEA8F}27 62249 STREETS - SIGN REPLACEMENTSGN33491029 SGN1727 REG R73-3 Lane Control ArrowsW LANE CONTROL ARROWS DOVE LN {602C4272-929B-4A17-B75D-723FF2826DCA}28 62250 STREETS - SIGN REPLACEMENTSGN17271029 SGN3597 REG R73-2 Lane Control ArrowsS LANE CONTROL ARROWS EL CAMINO REAL {37A4B5BA-11A0-4349-A120-1349802B32CE}29 62251 STREETS - SIGN REPLACEMENTSGN35971029 SGN1025 REG R3-4 No U-Turn SymbolNE NO U TURN JACKSPAR DR {ADB06B7E-C9C2-4430-86C5-6DD9D6A100AD}33 62575 STREETS - SIGN REPLACEMENTSGN10251029 SGN11120 REG R10-12 Left Turn Yield on (green ball)SW LEFT TURN YIELD ON (green ball RANCHO CARLSBAD DR {6D1771B2-034F-441E-AC41-50DFA825DA36}34 62576 STREETS - SIGN REPLACEMENTSGN111201029 SGN886 REG R3-4 No U-Turn SymbolSW NO U TURN RANCHO CARLSBAD DR {941CD7A5-2AD7-4D5F-B50E-B64F2F6B5738}35 62577 STREETS - SIGN REPLACEMENTSGN8861029 SGN7722 REG R3-4 No U-Turn SymbolNE NO U TURN ECR And Camino Vida Roble 62252 STREETS - SIGN REPLACEMENTSGN10251029 SGN15681 REG R10-12 Left Turn Yield on (green ball)SE LEFT TURN YIELD ON (green ball ECR And Camino Vida Roble 62253 STREETS - SIGN REPLACEMENTSGN111201029 SGN15655 REG R3-4 No U-Turn SymbolNW NO U TURN ECR And Camino Vida Roble 62254 STREETS - SIGN REPLACEMENTSGN8861029 Docusign Envelope ID: B6AEA237-77EF-4D92-94BA-D7B3448AB933 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMF'cNSATION INSURANCE FUNO HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE AUGUST 17, 2024 AT 12.01 A.M. AND EXPIRING AUGUST 17, 2025 AT 12.01 A.M. GRIDLOCK SIGN & SAFETY SOLUTIONS 30749 POINT WOODS CT TEMCULA, CA 92591 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 9303821-24 RENEWAL NA 9-91-09-31 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2572 ~!.-5C AUGUST 20, 2024 li~,'?r, xii~<~~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) OLD DP 217 1