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HomeMy WebLinkAboutL.B. Civil Construction Incorporated; 2021-03-18; PWM21-1413TRANPWM21-1413TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SUNNYHILL DRIVE ROLLED GUTTER INSTALLATION AND MONROE STREET CROSS GUTTER REPAIR; CONT. NO. 6608 This agreement is made on the day of tock , 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and L.B. Civil Construction, Incorporated, a California corporation whose principal place of business is 324 East Valley Parkway, Escondido, CA 92025 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Daniel Zimnv (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 1 of 8 City Attorney Approved 1/20/2020 PWM21-1413TRAN Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor pr t contract from participating in contract bidding. Signature: Print Name: aktki James Robert t,. m, President & CFO REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than $1,000,000 Property damage insurance in an amount of not less than $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 2 of 8 City Attorney Approved 1/20/2020 PWM21-1413TRAN WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. L.B. Civil Construction, Incorporated 324 East Valley Parkway (name of Contractor) (street address) 888696 Escondido, CA 92025 (Contractor's license number) A & B 12/31/2022 (city/state/zip) 858-847-5200 (license class, and exp. date) (telephone no.) 1000006708 (DIR registration number) 6/30/2023 (fax no.) gbelayp,lbcivil.com (DIR registration exp. date) (e-mail address) Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 3 of 8 City Attorney Approved 1/20/2020 By: James Robert Lumm, President & CFO (sigh ere) PWM21-1413TRAN AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR L.B. CIVIL CONSTRUCTION, INCORPORATED, a California corporation (print name/title) By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez Deputy City Ma r, Public Works, as authorized by City 1anager (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA City Attorney BY: A sistant Ci Attorney Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 4 of 8 City Attorney Approved 1/20/2020 PWM21-1413TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 5 of 8 City Attorney Approved 1/20/2020 PWM21-1413TRAN EXHIBIT B Sunnyhill Drive Rolled Gutter Installation and Monroe Street Cross Gutter Repair All work shall be performed in accordance with the City of Carlsbad's Engineering Standards, the 2018 Standard Specifications for Public Works Construction (Greenbook). JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Mobilization $5,000 2 LS 1 Sunnyhill Gutter $29,500 3 LS 1 Park/Monroe Cross Gutter $12,500 TOTAL* $47,000 *Includes taxes, fees, expenses and all other costs. Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 6 of 8 City Attorney Approved 1/20/2020 2" WEAKENED PLANE JOINT GUIIIR LINE 1/2" R 11" 1/2" R 2" WEAKENED PLANE JOINT GUTTER LINE 3 CO 6" CURB 8" CURB AREA=0.89 Sq. Ft. AREA=1.12 Sq. Ft. WIDTH SHOWN ON PLANS 18" MIN GUTTER ELEVATION WEAKENED PLANE JOINT 1-1/2" EXCEPT WHERE ELEVATIONS SHOWN INDICATE OTHERWISE EXISTING CURB 1/2" GUTTER NOTES: 1.CONCRETE SHALL BE 520—C-2500. 2.SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 3.SLOPE TOP OF CURB 2% MAX TOWARD GUTTER. LEGEND ON PLANS Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING CURBS AND GUTTER - SEPARATE RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Chair erson R.C.E. 19246 Date 7 0Z.::5 70/25/2078 DRAWING G-01 NUMBER 12/75 KERCHEVAL ORIGINAL ADD METRIC 03/03 T. STANTON REFORMATTED 04/06 T. STANTON UPDATED 11/11 MR MR/CV UPDATED CV CV 12/15 NOTES: 1.TRANSITION TO TYPE G OR H CURB AT ALL CURB RETURNS, EXCEPT WHERE CURB RAMPS ARE PROVIDED, AND AT ALL CUL-DE-SACS WITH DRAINAGE STRUCTURES. SEE STANDARD DRAWING G-4B FOR DETAILS. 2.CONCRETE SHALL BE 520-C-2500. 3.SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 1/2" TYPE A CURB AREA (2.29 SQ. FT.) 3'-6" 1'-6" 2'-O" P.I. ELEVATION PT. ON PROFILE CO 1/2" R 1/2" R _ 2'-1/2" R 2" WEAKENED PLANE JOINT-/ 2'-6" R —11/16" .4. A • 3'-6" 2'-0" 1/2" R • 1/2" R 3" R • 4- 4. .4 . 2" WEAKENED •PLANE JOINT C•J N. 3-5/8" TYPE B CURB AREA (2.44 SQ. FT.) LEGEND ON PLANS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITIEE Ch a igkson R.C.E. 14246 Date /;;;:;5 70/25/2078 Revision I By ORIGINAL KERCHEVAL ADD METRIC T. STANTON REFORMATTED UPDATED UPDATED SAN DIEGO REGIONAL STANDARD DRAWING CURB AND GUTTER - ROLLED DRAWING r. -4A NUMBER Approved Date 12/75 03/03 T. STANTON 04/06 11/11 MR MR/CV CV 12/15 CV TC ELEV. PER PLAN ROLLED CURB PER STANDARD DRAWING G-4A, TYPE B • \"' 6 0.1\ci ‘'N • PScs 140•0„09 CO, itgOS TC ELEV. PER PLAN CURB AND GUTTER PER STANDARD DRAWING G-2, TYPE G ROLLED CURB PER STANDARD DRAWING G-4A, TYPE A 7 TC ELEV. PER PLAN CURB AND GUTTER PER STANDARD DRAWING G-2, TYPE G NOTES: 1.REFER TO RSD G-2, TYPE G AND G-4A FOR SPECIFIC DIMENSIONS RELATED TO EACH TYPE OF CURB. 2.TRANSITIONS SHOULD OCCUR ALONG THE BACK OF CURB, HOLDING EDGE OF PAVEMENT PARALLEL AND CONCENTRIC WITH STREET CENTERLINE. ALTERNATE ALIGNMENTS MAY BE REQUIRED AND ARE AT AGENCY'S DISCRETION. LEGEND ON PLANS Revision By Approved Date NEW DM MR/CV 11/11 UPDATED CV CV 12/15 RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMMEE ) 1.0/25/2018 SAN DIEGO REGIONAL STANDARD DRAWING CURB AND GUTTER TO ROLLED CURB TRANSITION Choi3Orson R.C.E. 19246 Date DRAWING G-04B NUMBER EXPANSION JOINT FILLER MATERIAL —1/2" (PAVEMENT) 1/4" MIN — 1/2" MAX (S EXPANSION JOINT 1/2" (#4) x 24" SMOOTH, GREASED OR OILED BAR, 30" ON CENTER CONTACT JOINT DEWALK) 1/8" PREFORMED JOINT FILLER WEAKENED PLANE JOINT CURB AND SIDEWALK WEAKENED PLANE JOINT GUTTER AND CONCRETE PAVEMENT 1-1/2" 1/8" -••••— 1-5/8" KEYED JOINT Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE JOINT DETAILS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 70/25/2018 Choipeerson R.C.E. 19246 Date DRAINING G-10 NUMBER 02/95 ORIGINAL PARKINSON ADD METRIC 03/03 T. STANTON REFORMATTED 04/06 T. STANTON UPDATED 11/11 MR/CV CV REVIEWED 12/15 CV CV 7_7 P.C.R. RADIUS P/4 (TYP) \ \\ \ \ > CONTACT JOINTS PER STANDARD DRAWING G-10 WHEN SEPARATE POURS ARE MADE A P.C.R. RADIUS A ui 10' UNLESS OTHERWISE SHOWN ON PLAN 1/2" R TIP. TOP OF PAVING 7" \— BASE MATERIAL AS SHOWN ON PLANS PLAN SECTION A—A NOTES: 1.CONCRETE SHALL BE 560-C-3250. 2. = WEAKENED PLANE JOINTS. 3.— - TYPICAL FLOWLINES. 4.o = ELEVATIONS TO BE SHOWN ON PLANS. 5.RETURN SEGMENTS TO BE 7" THICK. 6.CURB BETWEEN P.C.R.S SHALL BE CONSIDERED AS PART OF THE CROSS GUTTER. 7.IN ALL CASES SUBGRADE SHALL BE COMPACTED TO 95% MIN. RELATIVE COMPACTION TO DEPTH OF 12". LEGEND ON PLANS By Approved Date Revision ORIGINAL ADD MEW REFORMATTED UPDATED REVIEWED SAN DIEGO REGIONAL STANDARD DRAWING CROSS GUTTER RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS commrum 10/25/2018 çeson R.C.E. 19246 Date DRAWING NUMBER G-12 KERCHEVAL 12/75 T. STANTON T. STANTON 03/03 04/06 MR/CV 11/11 CV CV CV 12/15 R.O.W. REMOVE R 0 W 12" MIN. 3/8" LIP AC. \ 3/4" RADIUS 1/2" RADIUS 6" RESIDEN11AL 8"COMMERCIAL/MUL [I-FAMILY A.B. AS REQUIRED BY PLAN (6" MINIMUM) COLD JOINT AT EXTENSION OF TACK COAT & A.C. PAVEMENT C A IA/PI IT mil v 5.5 CONSTRUCT IMPROVEMENTS THIS, SIDE OF SAWCUT LINE NEAREST JOINT EARESTT JOIN BACK OF ADJOINING CURB. NOTES: 1.PROVIDE WEAKENED PLANE AT 15' MAXIMUM, OR AT TOP OF TRANSITION. 2.REMOVE CURB, GUTTER & SIDEWALK AS SHOWN ABOVE TO NEAREST EXISTING JOINTS. FORM ON A.C. SIDE AND SLOT PAVE WITH D -A1R4000 A.C. REV. APPROVED DATE CITY OF CARLSBAD 47?-eL 6-64 TYPICAL CITY ENGINEER DATE DRIVEWAY ADDITIONS I SUPPLEMENTAL GS-12 STANDARD NO. 4010 Sunnyhill Dr, Carlsbad, CA 92008 Executed in duplicate EXHIBIT C LABOR AND MATERIALS BOND PWM21-1413TRAN Bond Number:1080645 Premium: $635.00 Premium is for contract term and subject to adjustment based on final contract price WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to L.B. Civil Construction, Incorporated, (hereinafter designated as the "Principal"), a Contract for: SUNNYHILL ROLLED GUTTER INSTALL AND MONROE CROSS GUTTER REPAIR CONTRACT NO. 6608 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, L.B. CIVIL CONSTRUCTION, INCORPORATED., as Principal, (hereinafter designated as the "Contractor"), and The Hanover Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty seven thousand dollars ($47,000), 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. Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 7 of 8 City Attorney Approved 1/20/2020 March , 20 21 SIGNED AND SEALED, this 4th day of (SEAL) L.B. Civil Construction, Inc. The Hanover Insurance Company (SEAL) (Principal) (Surety) nature) (Signature) CELiAAREWER City Attorn By: sistant City Attorney PWM21-1413TRAN 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. 'TANEs LU1,14, PAESCONT Michael R. Strahan, Attorney-In-Fact (Name/Title) (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: Sunnyhill Rolled Gutter Install and Monroe Cross Gutter Repair; Cont. No. 6608 Page 8 of 8 City Attorney Approved 1/20/2020 oci-c"(4. 'Theodore G. Martinez_ \lee Pnr.iiktent • THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Michael R. Strahan, Eleanor B. Strahan, and/or Brian Guzman Of KPS Insurance Services, Inc. of San Diego, CA each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 27th day of June, 2016. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS,,INSURANCE COMPANY OF AMERICA A ; V?1/44CPS4 6'— _. . NOINtt tkornaz, Vicr Proident THE HANOVER INSURANCE COMPANY MA A N E BAY RA CE COMPANY CO' N I SUN CE y OP AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. 'to. as On this 27th day of June 2016 before me came the above named Vice Presidents of The Hanov Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Pioth: 1, Ks, NcCIA) C.\,1111.111,401t 1:1p1IVS. NtIte0114. 20Z2 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 4th day of March 2021 CERTIFIED COPY 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 San Diego County of On March 4th, 2021 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the person S4 whose namelgOire subscribed to the within instrument and acknowled ed to me tha he/they executed the same in 01s/ er/their authorized capacityStes); and that b el./their signaturei,$)-bn the instrument the persoh(s)ror the entity upon behalf of which the personXacted, 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 seat E. B. STRAHAN Notary Public - California San Diego County 'Y Commission g 2244484 My Comm. Expires Jun 25. 2022 (Seal) Signature PRODUCER Wood Gutmann & Bogart 15901 Red Hill Ave., Suite 100 Lic. #0679263 Tustin CA 92780 INSURED Lsav-1 L.B. Civil Construction, Inc. 324 East Valley Pkwy Escondido CA 92025 City of Carlsbad/CM WD 1635 Faraday Avenue Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE 7 1/4N-491 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACCPRD CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DDIYYYY) 3/8/2021 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 pacy(ies) must 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). •NTACT NAME. Maryssa Mace PHONE (A/C. No. Ext): 714-824-8374 E-MAIL ADDRESS. M aryssa@wgbib.com INSURER(S) AFFORDING COVERAGE INSURER A: Zurich American Insurance INSURER e: Associated Industries Ins Co INSURER C: Associated Industries Ins Co INSURER D: Continental Casualty INSURER E: INSURER F: TA/AX C., AO: 714-573-1770 NAIC # 16535 23140 23140 20443 COVERAGES CERTIFICATE NUMBER: 95732650 REVISION NUMBER: 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 VVITH 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. INSR LTR TYPE OF INSURANCE ADDL. INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MNUDDNYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY OCCUR AES105261802 5/1/2020 5/1/2021 EACH OCCURRENCE S 1,000,030 CLAIMS-MADE X DAMAGE TO RENTED PREMISES (Ea occurrence) S 100,030 MED EXP (Any one person) S 5,000 PERSONAL & ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: LOC GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO- PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON-OWNED AUTOS BAP450354808 10/1/2020 1011/2021 COMBINED SINGLE LIMIT (Ea accident) t . 1.000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)1 $ X _ y 's PROPERTY DAMAGE J r accident) $ $ C _ UMBRELLA UAB EXCESS LIAB Ix _ OCCUR CLAIMS-MADE EXA119711600 5/1/2020 511/2021 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/ N N / A )/VC450354708 10/112020 10/1/2021 l 0TH- X STATUTE E.L. EACH ACCIDENT $ 1 000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT 5 1,000,000 B D XS Umbrella Contractors Equipment 1 1 EXA119711600 6024602218 5/1/2020 5/1/2020 5/1/2021 5/1/2021 EACH OCC / AGG $5.000,000 Amount of Ins $750,000 Leased & Rented Equip Included DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate holder is named as additional insured on the General Liability per attached forms as required by written contract subject to the terms and conditions of the policy: GL Additional Insured - Completed Ops Form #CG 20 37 04 13 GL Additional Insured - Ongoing Ops Form #CG 20 33 04 13 GL Waiver of Subrogation Form #24 04 05 09 GL Per Project Aggregate Form #GLS-332s (1-12) GL Primary Form #GLS-152s (4-14) See Attached... CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LBCIV-1 LOC #: ACORD ADDITIONAL REMARKS SCHEDULE Page i of AGENCY Wood Gutmann & Bogart NAMED INSURED L.B. Civil Construction, Inc. 324 East Valley Pkwy Escondido CA 92025 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE GL VVrap Up Exclusion Form GLS-454s (5-14) Workers' Compensation Waiver of Subrogation Form #WC040306 RE: Project: Sunnyhill Rolled Gutter Installation & Monroe Cross Gutter Repair / Contract Number: PWM21-1413TRAN CERTIFICATE HOLDER VESTING: The City of Carlsbad, its officials, employees and volunteers THIS CERTIFICATE SUPERCEDES ANY PREVIOUSLY ISSUED. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES105261802 COMMERCIAL GENERAL LIABILITY CG 21 54 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): All operations at locations at which the insured was at any time: 1.Covered, offered Coverage, or denied coverage; or 2.Enrolled, offered enrollment, or not allowed to enroll under a wrap-up program (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Cove- rages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products- completed operations hazard" at the location de- scribed in the Schedule of this endorsement, as a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1)Provides coverage identical to that provided by this Coverage Part; (2)Has limits adequate to cover all claims; or (3)Remains in effect. CG 21 54 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 POLICY NUMBER: AES1052618 02 COMMERCIAL GENERAL LiABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations All persons or organizations where written contract with the Named Insured requires additiona( insured completed operations coverage. This form does not apply to your work on residential property Per Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard", CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: AES105261802 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 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 or- ganization 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 addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are corn- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a.The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. 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 ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(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 subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: AES105261802 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: AES105261802 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Overall Policy Aggregate Limit: $5,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a.Medical expenses under Coverage C; b.Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c.Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III — LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES105261802 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: As required by written contract (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY 4: WC450354708 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) 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 0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Person or Organization ALL PERSONS OR ORGANIZATIONS WHEN REQUIRED BY WRITTEN CONTRACT Schedule Job Description WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1