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HomeMy WebLinkAboutInternational Line Builders Inc; 2019-07-10; PWS19-742GSX 2p RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2020-0169868 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Apr 02, 2020 01 :38 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr., SAN DIEGO COU~ffY RECORDER FEES. $0.00 (S82 Atkins $0 00) PAGES 2 Space above this line for Recorder's use. PARCEL NO: n/a -~-------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on March 10, 2020. 6. The name of the contractor for such work or improvement is International Line Builder's, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 6062, Street Lighting Replacement Program -Phase 1. 8. The street address of said property is on various streets in the City of Carlsbad. CITY(5>F CARLSBA~ ~_Q9._ ~ ~ beoff Pr1fme1 ¥ Scott Chadwick, City Manager I Assi~hnl c:y ''""'' VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 120/ Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 419 , 20;?/) , accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on 3 / ol 0 I , 20.d.d., at Carlsbad, California. ( p-lBARBARA City Clerk ,r 6-ome-Z.1 De~v~ 015 Clt1i! Q:\Public Works\PW Common\CAPITAL-ACTIVE\6062 Street Lighting Replacement Program -Phase 1\NOC.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS International Line Builder's, Inc. has completed the contract work required for Project No. 6062, Street Lighting Replacement Program -Phase 1. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Street light replacements $671,418 CERTIFICATION OF COMPLETION OF IMPROVEMENTS CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby improvements. directed to commence maintaining the above described !) n r, \ ... \ ~ L -\" )~~~ ./ -\ d Scott Chadwick, Cit/Manager r &co£( Pafn«; A 55,s itn+ ciij /'IJ;n"Jtf APPROVED AS TO FORM: CELIA BREWER, City Attorney By 12~,L~ Deputy ity Attorney Q \Public Works\PW Common\CAPITAL-ACTIVE\6062 Street Lighting Replacement Program -Phase 1\APl.doc Project: 6062, Street Lighting Replacement Program -Phase 1 Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: 6062, Street Lighting Replacement Program -Phase 1 CONTRACT NO. 6062 P.O. NO. P137840 ACCOUNT NO. 3427000-9060/60622-9066 CONTRACTOR: International Line Builders, Inc. ADDRESS: 3955 Temescal Canyon Rd. Corona, CA 92883 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Decrease Bid Item No. A-3, remove and reinstall street light shields, by two. Decrease to contract cost. .................................................................. ($38.00) Item 2: Decrease Bid Item No. A-4, remove and replace fuse, by 64. Decrease to contract cost. .............................................................. ($4,352.00) TOTAL DECREASE TO CONTRACT COST ................................................... ($4,390.00) TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. THIS IN THE FINAL CHANGE ORDER FOR THE CONTRACT AND CONSTITUTES A FINAL SETTLEMENT OF ALL ISSUES AND CLAIMS RELATING TO ANY CHANGES IN THE WORK, WHICH IS THE SUBJECT OF THIS CHANGE ORDER, INCLUDING, BUT NOT LIMITED TO ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH SUCH CHANGES AND ALL ADJUSTMENT TO THE CONTRACT PRICE AND CONTRACK TIME. Project: 6062, Street Lighting Replacement Program -Phase 1 Change Order No. 1 J~S)~J ( ATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS FOR Street Lighting Replacement Program -Phase 1 l'\ •tr Revised 6/12/18 CONTRACT NO. 6062 BID NO. PWS19-724GS Contract No. 6062 Page 1 of 51 TABLE OF CONTENTS Item Page Notice Inviting Bids.................................................................................................................. 3 Contractor's Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Major Equipment List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Bid Security Form.................................................................................................................... 14 Bidder's Bond to Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Guide for Completing the "Designation of Subcontractors" Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Designation of Subcontractor and Amount of Subcontractor's Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Bidder's Statement of Technical Ability and Experience........................................................... 19 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation....................................................................................... 20 Bidder's Statement Re Debarment........................................................................................... 21 Bidder's Disclosure of Discipline Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Labor and Materials Bond........................................................................................................ 31 Faithful Performance/Warranty Bond....................................................................................... 33 Optional Escrow Agreement for Surety Deposits in Lieu of Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Special Provisions................................................................................................... 38 Part 7 Street Lighting & Traffic Signal Systems.............................................................. 46 Exhibits................................................................................................................. 51 l'\ •ff Revised 6/12/18 Contract No. 6062 Page 2 of 51 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on April 30, 2019, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Remove and salvage or recycle existing induc- tion street lights and replace with new LED street lighting fixtures at various locations. STREET LIGHT REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 BID NO. PWS19-724GS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and 2018 edition of the Standard Specifications for Public Works Construction "Greenbook" by reference, constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten ( 10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Con- tract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as ap- proved by the City Council of the City of Carlsbad on file with the City Clerk's office located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. The specifications for the work include City of Carlsbad Technical Specifications and the 2018 General and Standard Specifications for Public Works Con- struction, and the supplements thereto, all hereinafter designated "SSPWC", as amended. Specifica- tion Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. ('\ •+' Revised 6/12/18 Contract No. 6062 Page 3 of 51 SUMMARY OF BIDDING SCHEDULE An overview of the bidding schedule is included in the following table. Details for each activity can be found in relevant section. ACTIVITY SCHEDULE TIME Released for bid March 28, 2019 Deadline for questions April 23, 2019 5p.m. Deadline for submittal of Substitutions Ma-April 23, 2019 5 p.m. ior Equipment list for aooroval Final addendum/Q&A posted April 26, 2019 5 p.m. Bid opening April 30, 2019 11 a.m. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly exe- cuted including notarization, where indicated. 1. Contractor's Proposal 2. Major Equipment List (for substitutions) 3. Bidder's Bond 4. Noncollusion Declaration 5. Designation of Subcontractor and Amount of Subcontractor's Bid 6. Bidder's Statement of Technical Ability and Experience 7. Acknowledgement of Addendum(a) 8. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 9. Bidder's Statement Re Debarment 10. Bidder's Disclosure of Discipline Record 11. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap- proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $550,000. TIME OF COMPLETION: The Contractor shall diligently prosecute the work to completion within sixty (60) working days after the starting date specified in the Notice to Proceed. Unless otherwise approved in writing by the En- gineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday, excluding Agency holidays. SPECIAL TY CONTRACTORS / ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con- tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: C-10, Electrical Contractor l' •+; Revised 6/12/18 Contract No. 6062 Page 4 of 51 ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Bid Packages, various supplemental provisions and Contract documents may be obtained on the City of Carlsbad web site at www.carlsbadca.gov. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec- ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta- tion of any provision in the contract documents will be given by any agent, employee or con- tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc- tions given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Janean Hawney, Associate Contract Administrator janean. hawney@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 11 a.m. on April 23, 2019. No Questions will be entertained after this date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding the project by 5 p. m. on April 26, 2019. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID 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 Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime 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 Subcon- tracting Fair Practices Act." The City Engineer is the City's "_duly authorized officer" for the purposes of section 4107 and 4107.5. ,, • ., Revised 6/12/18 Contract No. 6062 Page 5 of 51 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 con- tract for public work, unless currently registered and qualified to perform public work pursuant to Sec- tion 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and mak- ing them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the 2018 edition of the Standard Spec- ifications for Public Works Construction "Greenbook". All bonds are to be placed with a surety insur- ance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, ('\ • .., Revised 6/12/18 Contract No. 6062 Page 6 of 51 non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2019-042, adopted on the 26th day of March, 2019. March 27 2019 Date .~ ~, Revised 6/12/18 Contract No. 6062 Page 7 of 51 CITY OF CARLSBAD5f2,~ t. ·., ~ STREET LIGHTING REPLACEMENT PROGRAM-PHASE 1 CONTRACT NO. 6062 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad. California 92008 The undersigned declares he/she has carefully examined the location of the work. read the Notice Inviting Bids. examined the Plans. Specifications. 2018 edition of the Standard Specifications for Pub- lic Works Construction "Greenbook". Contract Documents. and addenda thereto. and hereby pro- poses to furnish all labor. materials. equipment. transportation. and services required to do all the work to complete Contract No. 6062 in accordance with the Plans. Specifications. 2018 edition of the Stand- ard Specifications for Public Works Construction "Greenbook" by reference . Contract Documents. and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete. to wit: SCHEDULE "A" STREET LIGHTING IMPROVEMENTS Item No. Description A-1 Remove and Replace Safety Light Fixtures at Signalized In- tersections with GE ERL2-0-16-C3-40-D-GRA Y-L -:f" ou«.. \\uu l) 11..t-!) S; N'-/ Au°S) ot>l\bo , (Unit Price in Words) Approximate Quantity And Unit 568 EACH Unit Price (Figures) $ '-\6.0 .oo A-2 Remove and Replace Street 671 EACH $ L\12. ,ot:> Light Fixtures with GE ERLH-0-13-C3-30-D-GRA Y-L ~f?t>~ tluobt:c=-b ~"-:fie 0~ -r u.>t"L V'E' M-t!) too (Unit Price in Words) Remove and Replace Safety 112 EACH $ ~31.DO A-3 Light Fixtures at Signalized In- tersections with GE ERL2-0-16-C3-40-D-GRA Y-L Y f-l vE ~µ} t.E!) ~RIY <£.c. veu A:\->Y) c:o( loo. (Unit Price in Words) l' •;;' Revised 6/12/18 Contract No. 6062 Total Amount (Figures) $ lb\11-~~a:> Page 8 of 51 Item No. Description Approximate Quantity And Unit A-4 Remove and Replace Street-146 EACH light Fixtures with GE ERLH-0-13-C3-30-D-GRA Y-L Y -=ft>\P~ lli,L>'>~ E-l<ofil\[ -t'"u.>D ~~ \Q~ i (Unit Price in Words) A-3 Remove and Reinstall Street 40 EACH Light Shields \..) \ µ ~ c riu Co +-tr->\) 00\,00~ (Unit Price in Words) A-4 Remove and ReplE_ce Fuse 100 EACH <;. t )":. l ¥ Clk,ct \ ~µ~ oclwo, (Unit Price in Words) Total amount of bid in words for Schedule "A": $ $ $ Unit Price (Figures) W. lib 1...-DO tq.oo b't>.CO Total Amount (Figures) $ 7tJ,'312.. .oo $ 760.oD $ rp /'2:C>o.ro, ------------------ Total amount of bid in numbers for Schedule "A":$ b -i 5 J 'oO~ .oO · Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). AddrJo.t, Add NC-i.., has/have been received and is/are included in this pro- posal. Add "''·'5 The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad. the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares. under penalty of perjury. that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California. validly licensed under license number 782515 . classification A-C 1 0 which expires on 08/31/2020 . and Department of Industrial Relations PWC registration number 1000007032 which expires on 06/30/2019 . and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved. no bid submitted shall be invalidated by {'\ •~ Revised 6/12/18 Contract No. 6062 Page 9 of 51 the failure of the bidder to be licensed in accordance with California law. However. at the time the contract is awarded. the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member. officer agent. or employee of the City of Carlsbad is personally inter- ested. directly or indirectly. in this Contract. or the compensation to be paid hereunder; that no repre- sentation. oral or in writing. of the City Council. its officers. agents. or employees has inducted him/her to enter into this Contract. excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person. firm. or corporation making a bid for the same work. and is in all respects fair and without collusion or fraud. Accompanying this proposal is _B_o_n_d ___________ (Cash. Certified Check. Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code. and agrees to comply with such provisions before com- mencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code. Part 7. Chapter 1. Article 2. relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State ____________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail ____________________ _ IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted __________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business _________________________ _ (Street and Number) City and State ___________________________ _ ,, •;r Revised 6/12/18 Contract No. 6062 Page 10 of 51 (4) Zip Code ________ Telephone No. _____________ _ (5) E-Mail ____________________ _ IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted International Line Builder's, Inc. (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of-=D'-"e"-'-l=a=w=a"-'-re=-------- (4) Place of Business 3955 Temescal Canyon Road (Street and Number) City and State Corona CA (5) Zip Code _92_8_8_3 ______ Telephone No. (951) 682-2982 (6) E-Mail Omar.Echeverri@ilbinc.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president. vice president. secretary and assistant secretary. if a corporation; if a partnership. list names of all general partners. and managing partners: Michael Bass-President Earnest Brown-President So Cal Div. Brad Hulquist-Vice President Shane Watson-Vice President Nicholas Olsen-Secretary l' •,; Revised 6/12/18 Contract No. 6062 Page 11 of 51 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of '2N~.t2.l;d--e } On l.Jal,j !0 1 2:0Jg before me, B«urna J'iwca, NotallJJ H.,bli C. Date Here Insert Name and Title of the Officer personally appeared ~\.~f~h=0~r\___,_._£'", _\c,l..,__c=~~rJ~on~-Y~i~u,,-~Vrzi---j~, .... cl-Cl~~\:: ___________ _ ' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persontttl_ whose nameOO~ subscribed, to the within instrument and acknowledged to me that@~t~ executed the same in @h.Erlt~ir authorized capacity(i~. and that by ~ir signature(S) on the instrument the person(:!(), or the entity upon behalf of which the person(.56 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. Place Notary Seal and/or Stamp Above Signature '-f;3,.__1;,.,,,aU,.J.JivoJ Signaturof Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ~+__....£-.,.'..{)....,.ol,""-=&'1..,_.)'----------------------- Document Date: U alJ \Q1'.2[(/\C! Number of Pages: _L/+---- Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: __________ _ Signer is Representing: _________ _ ©2018 National Notary Association MAJOR EQUIPMENT LIST (to Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 The Equipment List below identifies the major equipment required for the Street Lighting Replacement Program -Phase 1. Bidders shall provide detailed information for the equipment in the table below if the proposal differs. attach additional pages as needed. If an "or equal" substitute product is submitted. the following additional information shall be provided to the City: The information provided below will be part of the bid evaluation process by the City of Carlsbad. You must submit your list of proposed substitutions for "an equal" ("or equal") item(s) no less than five (5) Working Days prior to Bid due date April 30, 2019. 1. An explanation of the advantages to the City for accepting the substitution. 2. A comparison of significant qualities of the proposed substitution with those specified. 3. A list of changes or modifications needed to other parts of the work and to construction per- formed by the City and separate Contractors that will be necessary to accommodate the pro- posed substitution. 4. A statement indicating the substitution's effect on the Construction Schedule compared to the Construction Schedule without acceptance of the substitution. Indicate the effect of the pro- posed substitution on overall contract time. 5. Cost information. including a proposal of the net change. if any. in the Contract Sum. 6. Certification that the substitution is equal to or better in every respect to that required by Con- tract Documents. and that it will perform adequately in application indicated. Include Contrac- tor's waiver of rights to additional payment or time extensions that may be necessary because of the substitution's failure to perform adequately. The substituted product will not be considered unless the submittal is accompanied by complete in- formation and descriptive data necessary to determine equality of offered material(s). article(s). or equipment. Samples shall be provided when requested by the City. Burden of proof as to comparative quality. suitability. and performance of offered material(s). article(s). or equipment shall be upon the Contractor. The City will be the sole judge as to such matters. In the event the City rejects the use of such alternative(s) submitted. then one of the particular products originally specified in the Contract Documents shall be furnished. If mechanical. electrical. structural. or other changes are required for installation. fit of alternative ma- terials. articles. or equipment. or because of deviations from Contract Drawings and Specifications. such changes shall not be made without consent of the City. and shall be made without additional cost to the City. l'\ •;;' Revised 6/12/18 Contract No. 6062 Page 12 of 51 EQUIPMENT LIST (to Accompany Proposal) Manufacturer Name, Equipment Meets Required Equipment Address, Model Number Specifications, or Phone Number "Or-Equal" Item A-1 GE-ERL2-0-16-C3-40-eoc e {t._\.. "t.0 \.\c.,C.. 34c Y£-s.. O-GRAY-L ~c.oRh'[ L Item A-2 GE-ERLH-0-13-C3-30-c;. t: \fc s O-GRAY-L e '(l..\..t\ b \ ~ C-3 ~1) ~Co~~'-1 L_ Item A-3 G E-E RL2-0-16-C3-40-\f-E-S -e,R,.Q.P\b C.."3'-tO O-GRAY-LY ~D ~to~Y-L\/ Item A-4 GE-ERLH-0-13-C3-30-<:,E E~ Lt\-C!:>\ 3 C..31C ycS· O-GRAY-LY A. C-9-~ y Ly ,, •,r Revised 6/12/18 Contract No. 6062 Page 13 of 51 BID SECURITY FORM (Check to Accompany Bid) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashier's check payable to the order of CITY OF CARLSBAD. in the sum of ~"''-1----'-'------------------------- ________________________ dollars($ ______ ~ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance. Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise. the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof. unless otherwise re- quired by law. and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check. the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ,, • ., Revised 6/12/18 Contract No. 6062 Page 14 of 51 BIDDER'S BOND TO ACCOMPANY PROPOSAL STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 KNOW ALL PERSONS BY THESE PRESENTS: That we, International Line Builders, Inc. , as Principal, and Liberty Mutual Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Amount Bid (10%) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this __ 14-'t'-'-h ___ day of _-'-'M"""'a'-'------------' 20_1.§L__ _L_ib_e_rt~y_M_u_tu_a_l l_ns_u_ra_n_c_e_C_o_m.,__pa_n~y ___ (SEAL) (Surety) By: ~ g, '(JJhA (SignatGre} '-fY Sb<;m:e., HtthC<iY1 • 'ii <,Q, Qw, Jen 1-Blake S. Bohlig, Attorney-in-Fact (Print Name/Title) (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney CA By: _/2/ Deputy City Attornet) ,, • ., Revised 6/12/18 Contract No. 6062 Page 15 of 51 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A r.otary 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 Q.N'eaJ1d-R } On )..,101-1 ,y ,:a01g before me, ~a \. G,...,,,a, N01"'12-Lj Vubli C,, Date Here Insert Name and Title of the Officer personally appeared Sncane., \0.Jc,)--JlX), Yi (.QJ ~ J1dent Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(t(.whose name(lq~ subscribed to the within instrument and acknowledged to me that @)s~t~y executed the same in t!!§)'IJ)t[/t~r authorized capacity(i~, and that by i-@-uWtbeir signaturewu on the instrument the person~, or the entity upon behalf of which the person'1() acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature =B>i~ Ovw Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___._B ..... ,~·ol~ ...... B....-l¥1~-d~-------------------- Document Date: ,, .. ,La1:4 11J ,--Zttl)g Number of Pages: ~•-3~--- Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ •cs10:ooo:o:o:~:1c111a1as:o:o:o:o:o:o:o:13 ©2018 National Notary Association 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 !&alKotNila Minnesota County of _..H...,e .... owo><jep.,...iao _________ _ On --~M=a~y~l~4~, 2~0~1~9 _____ before me, --~M~ic=h=e=ll~e ~H=a=lte=r~, ~A=tt=om~e.,__y-~in~-~F=ac='t ____ _ (insert name and title of the officer) personally appeared Blake S. Bohlig, Attorney-in-Fact , 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 l&adKotKili that the foregoing paragraph is true and correct. Minnesota WITNESS my hand and official seal. Signature u: otWDL ~ (Seal) ~Libertx \P Mutual SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8196930-190003 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty MJtual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Nicole Langer, Blake S. Bohlig, Kelly Nicole Bruggeman, Brian D. Carpenter, Heather R. Goedtel, Michelle Halter, Jessica Hoff, Craig Olmstead all of the city of Bloomington state of Minnesota each individually if there be more than one named, its true and lawful attorney-in-fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this PONer of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of September , ~ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company i:i' $ .,,b~ i c David M. Carey, Assistant Secretary _s ~ ~ State of PENNSYLVANIA >- '5 ~ County of MONTGOMERY ss ffi ~m C u a, On this 28th day of September , 20 I 8 before me personally appeared David M. Carey, who acknowtedged himself to be the Assistant Secretary of Liberty Mutual Insurance o o ..:! Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = ti, cu ~ therein oontained by signing on behalf of the corporations by himself as a duly authorized officer. r3 UJ =->-E .!!1 ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. a, a. -~ Ea c~ o~ ~ ~ COMMONWEALTH OF PENNSYLVANIA ~ ~ -:-a NotanalSeal ~ Wk O~c Teresa Paslella. Notary Public Upper Menon Twp., Montgomery County By: --1~--------------------I CU Elll My Comm,ss,on Expires March 28. 2021 f eresa Pastella, Notary Public § Ill QJ ....,. Member. Pennsylvania Association of Notaries CLO ~~ 00 ~ 2 This PONer of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance £ ~ o .!:: Company, and West American Insurance Company which resolutions are nON in full force and effect reading as follows: o le ~ _i ARTICLE IV-OFFICERS: Section 12. PONerof Attorney. ~_! .E ~ Ally officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President ;g _8 ~ >-may prescribe, shall appoint such attorneys-in-fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all ~ o 'ii g undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fad, subject to the limitations set forth in their respective powers of attorney, shall have full ~ ~ _ 0 > ~ po,,ver to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall -E Cl\> Z a be as binding as if signed by the President and attested to by the Secretary. Ally power or authority granted to any representative or attorney-in-fact under the provisions of this ... ~ artide may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such pONer or authority. 'E ~ ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. 8 w Ally officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, ~ .,.!. shall appoint such attomeys~n-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and exerution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys~n- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowtedge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company oonsents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any po,,ver of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original po,,ver of attorney of which the foregoing is a full, true and oorred copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and afflXed the seals of said Companies this 14th day of __ M~ay __ , 2019 4-f.·~ By:=-'-~--,c-c-c--,,---,--,-,.......,.=--,---------Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WP.iC Multi Co _062018 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the 2018 edition of the Standard Specifications for Public Worke--eons-tru.ction "Greenbook" to this Contract. especially. "Bid". "Bidder". "Contract". "Con- tractor". "Contract Price". "Contract Unit Price". "Engineer". "Own Organization". "Subcontractor". and "Work". Bidders are further urged to review sections 3-3 SUBCONTRACTS of the 2018 edition of the Standard Specifications for Public Works Construction "Greenbook" .. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bid- der's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percent- age of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement. and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or. in the case of bids or offers for the construction of streets and highways. including bridges. in excess of one-half of one percent (0.5%) or ten thousand dollars ($10.000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work. as shown on the plans. shall be assigned to the Contractor or the Subcontractor as the case may be. that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item. the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The ex- planation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the l'\ • ., Revised 6/12/18 Contract No. 6062 Page 16 of 51 required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l'\ •;;' Revised 6/12/18 Contract No. 6062 Page 17 of 51 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code. "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid. or in the case of bids or offers for construction of streets and highways. including bridges. in excess of one-half of one percent (0.5%) or ten thousand dollars ($10.000). whichever is greater. and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion/Type and and Email Registration License No. and Work by of Work Subcontractor Location of Business Address No. Classification in Dollars* Page-"-\_ of _L__ pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(A) California Public Contract Code. receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ,, • ., Revised 6/12/18 Contract No. 6062 Page 18 of 51 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal} STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully performed and give references. with telephone numbers. which will en- able the City to judge his/her responsibility. experience and skill. An attachment can be used. Date Name and Address Name and Phone No. Amount Contract of the Employer of Person to Type of Work of Completed Contract Contract Los Angeles Engineering, Inc./ 633 John Risch/ (626) Street Light Relocation 01/31/2019 N. Barranca Ave Covina CA 9 723 454-5222 $718,380.26 City of Orange/ 300 E. Chapm, n $1,037,161. 01/05/2019 AVA. nr::inno C'.A <:i2A&:&: Josh Soliz/ (714) 744-5588 LED Conversion 162 10/31/2018 City of Anaheim/ 200 S. Anahe m Robert Paleologus/ (714) 1$599 286.95 Rh,n An::ihAim r.A Q".)Q()r:; 765-5169 Street Liaht Installation Powell Constructors/ 8555 {oe Schulte/ (909) 356-888C Luminaire & Barrier Rail I :j)L,;:!U;:!, /~~- 07/31/2018 Banana Ave. Fontana CA 923 lmnrnv,:,m,:,ntc: 7n City of Riverside/ 3900 Main Julian Cardenas/ (951) I Street Light :til ,:101,0:10 04/30/2018 Str<><>t Riversirl<> CA <:i2!'i22 826-5397 Ronl!ll"OmP.nt .8'.'.l City of Alhambra/ 111 S. Robert Bias/ (626) 703-9013 Streetliaht Conversion $671, 965.62 08/30/2017 Firc:t ~t Alh::imhr::i C'.A Q1 An1 ,, •;;' Revised 6/12/18 Contract No. 6062 Page 19 of 51 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can. and upon payment of fees and/or premiums by the Bidder. will issue to the Bidder Policies of insurance for Comprehensive General Liability. Automobile Liability. Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids for this project for each insurance company that the Contractor proposes. 2) 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. ,, • ., Revised 6/12/18 Contract No. 6062 Page 20 of 51 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/10/2019 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 t1i:;PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . .. 3UBROGATION 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). PRODUCER CONTACT Marsh USA Inc. NAME: PHONE I FAX 333 South 7th Street. Suite 1400 I A/C. Nn Exn: IA/C Nol: Minneapolis. MN 55402-2400 E-MAIL ADDRESS: INSURER/SI AFFORDING COVERAGE NAIC# CN102299309-ILBR-GAWX-19-20 INSURER A : Liberty Mutual Fire Ins Co 23035 INSURED INSURER B : Associated Electric & Gas Ins Services Ltd 3190004 International Line Builders 2520 Rubidoux Blvd. INSURER c : Libertv Insurance Corooration 42404 PO Box 3039 INSURER D: Riverside. CA 92509 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CH 1-009270482-02 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 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INC:n mun POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY TB2-641-005097-049 1 01101,2019 01/01/2020 EACH OCCURRENCE $ 2.000.000 ~ I CLAIMS-MADE 0 OCCUR I DAMAGE TO RENTED I PREMISES <Ea occurrence\ $ 1.000.000 --I 10.000 MED EXP (Any one person) $ ~ PERSONAL & ADV INJURY $ 2.000.000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4.000.000 1 [8_JPRO-DLoc PRODUCTS -COMP/OP AGG $ 4.000.000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY Al2-641-005097-059 01/01/2019 - 01/01/2020 COMBINED SINGLE LIMIT $ 2.000.000 /Ea accident\ K ANY AUTO BODILY INJURY (Per person) $ -~ OWNED SCHEDULED I AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ----HIRED 1---NON-OWNED PROPERTY DAMAGE -~ X AUTOS ONLY X AUTOS ONLY /Per accident) $ ~ $ l:l UMBRELLA LIAB H OCCUR XL5063408P 01/01/2019 01/01/2020 EACH OCCURRENCE $ 5.000.000 ~ ix EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5.000.000 ./ I OED I I RETENTION$ $ C WORKERS COMPENSATION WA7-64D-005097-019 (AOS) 01/01/2019 01/01/2020 X I HfTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N "Includes "Stop-Gap" ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1.000.000 If yes, describe under 1.000.000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) Re: Street Lighting Replacement Program -Phase 1 Contract No. 6062. The City of Carlsbad is/are included as additional insured under general liability per the attached CG 2010 and CG 2037 endorsements and does not include professional liability coverage. Excess liability applies to general liability. products and completed operations. automobile liability. and employers liability. Blanket Waiver of Subrogation. where allowed by law. applies for Workers' Compensation per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE c/o EXIGIS Insurance Compliance Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 4668 -ECM #35050 ACCORDANCE WITH THE POLICY PROVISIONS, .. York. NY 10163-4668 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee ...Mo.~~~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: AI2-641-005097-059 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Email Address or mailing Organization( s): address: Per schedule of certificate holders Per schedule of certificate holders on file with the Company on file with the Company Number Days Notice: 90 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 0511 © 2011, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 POLICY NUMBER: TB2-641-005097-049 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insura,ce prc,\,1ded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or aganization(s) shown in the Schedule, but only with respect to liability fa "bodily injury', "property danage" or "personal aid advertising injury' caused, in whole a in part, by 1. Your ads or omissions: a 2. The a::ts or omissions of those a::ting on yUUr behalf; in the performance of your ongoing operctions fa the a:!ditional insured(s) at the location(s) designcted above. However: 1. The insura,ce affaded to such additional insured only applies to the extent permitted by law: and 2. If coverage pro'.1ded to the a:!ditional insured is required by a contra::t or agreement, the insurance afforded to such a:!ditional insured will not be broa:!er tha, that which ,YUU are required by the contra::t or agreement to pro\lide for such a:!ditional insured. B. With respect to the insura,ce afforded to these additional insureds, the following additional exclusions apply: This insuraice does not apply to "bodily injury' or "property damage" occurring after: 1. All wak, including materials, pats or equipment furnished in connection with such work, on the prqject (ether tha, seNce, maintenance or repairs) to be perfamed by or en behalf of the a:!ditionat insured(s) ct the location of the c011ered operations has been completed; a 2. That portion of "yUUr work" out of which the injury or damage arises has been put to its intended use by any person or organizaticn ether than another contra::tor a subcontractor engaged in perfaming operctions for a principal as a pat of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: If coverage prOllided to the a:!ditional insured is required by a contract a agreement. the most we will pcy on behalf of the additional insured is the amount of insurance: 1. Required by the contra::t or agreement: or 2. Avalable under the applicable Limits of Insurance shown in the Decla-ations: whichever is less. This endorsement shall not increase the applicable Limits of lnsura,ce shown in the Declarations. SCHEDULE CG 2010 0413 © lnsura,ce Services Office, Inc., 2012 Page 1 of 2 SCHEDULE (continued) Name Of Additional Insured Person(s) Or Organization(s): 1. Any person or organization with whom you have agreed in writing in a contract or agreement, prior to an "occurrence" or "offense", that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in item (1) above Location(s) Of Covered Operations All loca:ions as required by a written contra::t or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB2-641-005097-049 COMMERCIAL GENERAL LIABILITY CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insura,ce pro\1ded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A Section II -Who Is An Insured is emended to include as a, additiona insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property danage" caused, in whole or in part, by •~r work" ci the location designcied a,d described in the Schedule of this endorsement performed for thci additional insured a,d included in the "products-completed operations haza-d". However: 1. The insurance afforded to such additiona insured only ~plies to the extent permitted by law; and 2. If ccwerage pr0\1ded to the additional insured is required by a contract or agreement, the insura,ce afforded to such a::lditional insured will net be broader than thci which you a-e required by the contract or agreement to prCMde for such additiona insured. B. With respect to the insura,ce afforded to these additiona insureds, the following is added to Section 111-Limits Of Insurance: If coverage pr0\1ded to the a::lditional insured is required by a contract or agreement, the most we will pay on behalf d the additiona insured is the amount of insurance: 1. Required by the contra::t or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shal net increase the applicable Limits of Insurance shown in the Deda-ations. SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s): My person or organization with whom you have agreed in wrimg n a coriract or agreement, prior to an "occurrence" or "offense", that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the oontract or agreement described in item (1) above. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered irto prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 2037 0413 © lnsura,ce Ser\lices Office, Inc., 2012 Page 1 of 1 Policy Number TB2-641-005097-049 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Email Address or mailing address: Number Days Notice: Organization(s): Per Schedule of certificate 90 holders on file with the Company A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 1 0 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All otherterms and conditions of this policy remain unchanged. UM 99 010511 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We Vllill send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of other Person(s) / Organlzatlon(s): Email Address or mailing address: Number Days Notice: 90 Per schedule of certificate holders on file with the company Per schedule of certificate holders on file with the company All other terms and conditions of this policy remain unchanged. Issued by Uberty Insurance Corporation 21814 For attachment to Polley No. WA7-64D-0S097-0l 9 Effective Date Issued to Centennial Energy Holdings, Inc. WC 9920 75 Ed. 12/01/2016 © 2016 Liberty Mutual Insurance Premium$ Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments fron~ anyone liable for an injury covered by this µolicy. We will r.ot 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.) This agreament shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in Ali:,ska. Kentucky and New jersey Schedule Where re4u1recl by contract or written agreement prior to loss and allowed by law In the states of Alabama. Arizona, Arkansas, Colorado. Georgia. Idaho. Illinois. Indiana, Kansas. Michigan, Mississippi, Missouri, Montana, Nevada, New Mexico, North Carolina. Oklahoma, Pennsylvania, South Carolina, South Dakota. West Virginia the premium charge is 2% of the total manual premium, subject to a minimum premium of S 100 per policy. In the states of Florida. Iowa. Nebraska. Oregon the premium charge 1s 1 % of the total manual premium, subject to a minimum premium of $250 per policy. In the state of Hawaii the premium charge is $10,919 and determined as follows: The premium charge for this endorsement is 1 % of the total manual premium subject to a minimum premium of S250 per policy. In the state of Louisiana the premium charge is 2% of the total standard premium subject to a minimum premium of $250 per policy. In the state of Massachusetts the premium charge is 1 % of the total manual premium. In the states of New York. Tennessee the premium charge is 2% of the total manual premium, subject to a minimum premium of $250 per policy. WC 00 0313 Ed. 4/1/1984 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Issued t:y· Libe1y Insurance Corporation :?1814 r=or attachme'11 to Polley No WA7-64D-005097-0·9 Effec:tiva ::>~te January 1, 2019 issued lo: Cen:ennial Energy HolOirigs. Inc. WC 00 03 13 Ed. 411/1984 © 1983 National Council on Compensation Insurance, Inc. Premium$ Page 2 of 2 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes. what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. N/A party debarred agency period of debarment BY CONTRACTOR: International Line Builder's, Inc. (name f Contracto~ yt.,/"~ (sign here) , (han:e.i \ol~Ncn-v, U2.J fu.l, d~\- (print name/title) party debarred agency period of debarment Page _l_ of ____ \ _ pages of this Re Debarment form ,, • ., Revised 6/12/18 Contract No. 6062 Page 21 of 51 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar. Contractors' State License board. P.O. Box 26000. Sacramento. California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify. in each and every case. the party disciplined. the date of and violation that the disciplinary action pertain to. describe the nature of the violation and the disciplinary action taken therefore. N/A (If needed attach additional sheets to provide full disclosure.) Page \ of /1..,. pages of this Disclosure of Discipline form ('\ •ti' Revised 6/12/18 Contract No. 6062 Page 22 of 51 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 6) If the answer to either of 2. or 4. above is yes fully identify. in each and every case. the party who's discipline was stayed. the date of the violation that the disciplinary action pertains to. describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: International Line Builder's, Inc. (na~e J Contracto~ By: //h-v~~ ~ere) Slr\cirx., w~Ncn ~ Yi lQ.. Pu.JI dwl-: (print name/title) Page ~~ of /1,... pages of this Disclosure of Discipline form {' •ii Revised 6/12/18 Contract No. 6062 Page 23 of 51 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 The undersigned declares: I am the Yi(,QJHzRJ1def]tofJ;,~~rCA1al . the party making the foregoing bid. ljn-e, u1lct-eA2.i-, IN(.). The bid is not made in the interest of. or on behalf of. any undisclosed person. partnership. company. association. organization. or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded. conspired. connived. or agreed with any bidder or anyone else to put in a sham bid. or to refrain from bidding. The bidder has not in any manner. directly or indirectly. sought by agreement. communication. or conference with anyone to fix the bid price of the bidder or any other bidder. or to fix any overhead. profit. or cost element of the bid price. or of that of any other bidder. All statements contained in the bid are true. The bidder has not. directly or indirectly. submitted his or her bid price or any breakdown thereof. or the contents thereof. or divulged infor- mation or data relative thereto. to any corporation. partnership. company. association. organization. bid depository. or to any member or agent thereof. to effectuate a collusive or sham bid. and has not paid. and will not pay. any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation. partnership. joint venture. limited liability company. limited liability partnership. or any other entity. hereby represents that he or she has full power to execute. and does execute. this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Uru.J 10 . 20J.9_ at Mena [city]. c...A-[state]. re of Bidder JV\e\Vle, \;W\-JD'l-y;c..Jl.., l' •;; Revised 6/12/18 Contract No. 6062 Page 24 of 51 CONTRACT PUBLIC WORKS This agreement is made this \ D-\½-, day of _-=c...=:..,,""-='-'~---------' 2019, by and between the City of Carlsbad, California, a municipal car o ation, (hereinafter called "City"), and International Line Builder's, Inc., a Delaware corporation whose principal place of business is 3955 Temescal Canyon Road, Corona, CA 92883 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Tech- nical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the 2018 edition of the Standard Specifications for Public Works Con- struction "Greenback" incorporated herein by reference , addendum(s) to said Plans and Specifica- tions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per Section 7, Measurement and Payment of the Standard Specifications for Public Works Construction (Greenback), Edition 2018. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. l'\ •tr Revised 6/12/18 Contract No. 6062 Page 25 of 51 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor- mation that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying pay- roll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. ,, •,; Revised 6/12/18 Contract No. 6062 Page 26 of 51 9. Indemnification. 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 connec- tion 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 relating 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. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" basis, including products-completed operations, 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 oc- currence limit. b. Business Automobile Liability Insurance: $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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as re- spects: liability arising out of activities performed by or on behalf of the Contractor; products and com- pleted operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate doc- uments attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. l'\ • ., Revised 6/12/18 Contract No. 6062 Page 27 of 51 b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em- ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured reten- tion levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of in- surance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and orig- inal endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated herein by reference. In addition, all claims by Con- tractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorpo- rated herein by reference. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. {'\ • ., Revised 6/12/18 Contract No. 6062 Page 28 of 51 (A) Assertion of 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. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. 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. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. 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. (F) Carlsbad Municipal Code. 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. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an- other jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this a1ent is San Diego County, California. I have read and understand all provisions of Section 11 above. ____ init J-i. fl init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. ,, •+;' Revised 6/12/18 Contract No. 6062 Page 29 of 51 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or otherwise, any such provision is not insened, ,or is not cor- rectly inserted, then upon application of either party, the Contract shall forthwith be pt:ysica!ly amended to make such insertion or correction. · 17. Additional Provisions. Any additional provisions of this agreement are set fc;.rth in u-,e ''Sup- plemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) nicipal corporation of ayor By: ___ ~.,i=;.__,.....,...--.-::::::,------- (sign here) ( A7lEST: • "'(?IR,nt,H· ~IUl'Yn-Y,dr.d.u:Jh.fo~.D;II ~..]HYla A q o.m .rrY/, n., , (print name and title) kif\.-Barbara ~leson,C~~ By: b-,-.,A '2:H0o _,-r U' (sign here) e,-L,j t t~!~X~d trl.t:;:12J~ President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER ~~Y Attorney C JZ RI- Deputy 'city Attorney l'\ •ff Revised 6/12/18 Contract No. 6062 Page 30 of 51 CERTIFICATE I, Julie A. Krenz, hereby certify that I am the duly elected and qualified Assistant Secretary of International Line Builders, Inc., a Delaware corporation; and I further certify that, pursuant to a resolution adopted by Written Consent of the Board of Directors dated December 11, 2018, the persons named below have been duly elected, have qualified and are officers of the Company holding the offices set forth opposite their respective names: Jeffrey S. Thiede Michael A. Bass Earnest L. Brown Arnold Arias Bradley R. Hulquist Thomas D. Nosbusch Shane V. Watson JonB. Hunke Daniel S. Kuntz Julie A. Krenz Nicholas A. Olsen Chair of the Board and Chief Executive Officer President Division President -Southern California Vice President -Civil Operations Vice President -Accounting and Assistant Secretary Vice President -Business Development and Operations Support Vice President -C&I Operations Treasurer General Counsel and Secretary Assistant Secretary Assistant Secretary ************ I further certify that the following is a true and correct copy of Section 5 .13 of the Bylaws of International Line Builders, Inc. which sets forth the powers of the officers to execute documents; and that said Bylaw Section is presently in full force and effect: 5.13 Execution of Instruments. All deeds, bonds, mortgages, notes, contracts and other instruments shall be executed on behalf of the Corporation by the Chairman of the Board, the Chief Executive Officer, the President, any Vice President or Assistant Vice President, the General Counsel, any other officer who performs a policy-making function (such as administration, operations, accounting, or finance) or such other officer or agent of the Corporation as shall be duly authorized by the Board of Directors. Any officer or agent executing any such documents on behalf of the Corporation may do so (except as otherwise required by applicable law) either under or without the seal of the Corporation and either individually or with an attestation, according to the requirements of the form of the instrument. If an attestation is required, the document shall be attested by the Secretary or an Assistant Secretary or by the Treasurer or an Assistant Treasurer or any other officer or agent authorized by the Board of Directors. When authorized by the Board of Directors, the signature of any officer or agent of the Corporation may be a facsimile. IN WITNESS WHEREOF, I have hereunto set my hand on December 20, 2018. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 121'1'(.4/1 d<t? } On :iun-e. 21.2:0,q before me, ~da ,r, NGl, NOl::0r2.y PubJj ~ Date Here Insert Name and Title of the Officer personally appeared .... E.....,oi"'--IL.ml2n€,,/::....o..=,,.._,__t____.~ ........ ........,L.r1_,,, __ Y........,.,~-u\ ......... ·d~Vl+..,_,_._,l..._f, ..... o......__..C~a'-'-I ..... D....,1'-"v'-'.'---------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personOO whose name~ subscribed to the within instrument and acknowledged to me that @st$/t~ executed the same in ~t~ir authorized capacity(ieod, and that by t@,s(tft~ signature(oJ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~rk,\J Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ DocumentDate: ______________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association 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. CNZ.Vtjc.v1 6~~~1~1o~•u~~A:t On ~;:~= .beforeme. L£6\(e,J', vllttfrsNo-b.x~ B\C04l \'\ \\1 ~ . t (insert name and title of /i;;officer) personally appeared . 1 ~ S . who proved to me on the basis of satisfactor; e~ce 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. Ef~O" I certify under PENAL TY OF PERJURY under the laws of the State of0ihni& that the foregoing paragraph is true and correct. WITNESS my hand and official seal. - OFFICIAL STAMP LESLIE JEAN WATTS ~ NOTARY PUBLIC -OREGON ., COMMISSION NO. 957497 MY COMMISSION EXPIRES DECEMBER 15, 2020 (Seal) Bond No. !90043158/107097152 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to International Line Builder's, Inc., a Delaware corporation (hereinafter designated as the "Principal"), a Contract for: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 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 their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the perfor- mance 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, International Line Builder's, Inc., a Delaware corporation, as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual Insurance Company & Travelers Casualty and Surety Campany of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED EIGHT Dollars ($675,808.00), 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 In- surance 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 Unem- ployment 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. l'\ • ., Revised 6/12/18 Contract No. 6062 Page 31 of 51 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this \( D+l"\ day of :jl,,.JV\f, ,2011,__ _l_n_te_m_a_ti_on_a_l _L_in_e_B-'-u'-il-'-d-'-er_s,'--I=nc=.-----(SEAL) Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America (SEAL) (Principal) (Surety) By:.::::,,,,'~-.l4~~~~==:::::;:::=;=-...---...---~By: ~ I? ,/.Jj/~ I Div, -B-1-'ak"""e""""sL... _..Bo-h-li-g,-A-tt-o-"m"-ey---in,._'i'!1"i..,..ac"'"'t'--L--'------ (Signature) (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER ::Y Attorney C_ 2. -~ Deputy City Attorney {"\ • ., Revised 6/12/18 Contract No. 6062 Page 32 of 51 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of f,n/cfJt,C ,·ol~ } On ::fune,1..1,"7JV)O\ before me, 812.i.ndet tP,lva,NcJ\-e4~ t?ubli{' Date Here Insert Name and Title of the Officer personally appeared ..... 6 ..... a,<&.V,_,__,'-".e.J""---'--+____.,,3~e.uo ......... ----1"--V'\_,.,__._fuJ ___ ....__..·,ol......,..en___,.._}:_,,J,_o=-------cC.,_,)o-=-) ---'Q""-'--1 "-'----------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose name~,s a~ subscribed to the within instrument and acknowledged to me that @)s~t~ executed the same in 1s Q{fth«r authorized capacity(iE;)t, and that by @,~thJtjr signature(JQ_ on the instrument the person • or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: \ A21b G,l(l a µ aJ.cLJ '&' IJ .6QC1 d Document Date: ::fu n-e,, I u ,?lD Cf Number of Pages: ~fi ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: _________ _ ©2018 National Notary Association Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ 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 ~omi:m Minnesota County of _.H..,e .... u ... u~ep~i .... u _________ _, before me, -----=K=el..,_ly._N'-'-'-'ic=o=le'-'B=ru=gg""e=m=a=n ..... "-'N=o=ta ..... ry.....,_Pu=b=l=ic'---_ (insert name and title of the officer) personally appeared Blake S. Bohlig, Attorney-in-Fact , 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 tia:lXOCNila that the foregoing paragraph is true and correct. Minnesota WITNESS my hand and official seal. Signature /~ (Seal) ' ~'~ ...,_ , __ . ,..:.__,,' , 8""1 '.l«·,t BRUGGEMAN I ◄ NOTARY f'UHLIC-MINNESOTA • Comm1ss1on Number 31076678 1 MyCom1111ss1on Expires January 31, 2021 • ~Liberl)'. ~ Mutual SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8196930-190003 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Nicole Langer, Blake S. Bohlig, Kelly Nicole Bruggeman, Brian D. Carpenter, Heather R. Goedtel, Michelle Halter, Jessica Hoff, Craig Olmstead all of the city of Bloomington state of Minnesota each individually if there be more than one named, its true and la..vful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of September , _1Q.!L Liberty Mutual Insurance Company The Ohio Casualty Insurance Company ~ .._,~--By :h;~~ f c: David M. Carey, Assistant Secretary ..5 ~ ~ State of PENNSYLVANIA >- 'o ~ County of MONTGOMERY 55 ffi ~~ C u a, On this 28th day of September , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o ~ Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = t;, cii ~ therein contained by signing on beha~ of the corporations by himself as a duly authorized officer. ~ w ~->-E ~ ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ~ a. c~ o~ 111 ~ COMMONWEALTH OF PENNSYLVANIA ~ ~ Notarial Seat Teresa Pastella, Notary Public Upper Menon Twp., Montgomery County My Commission Expires March 28, 2021 Member, Pennsylvania Assoc1ahon of Notaries By:~~ ~~ Teresa Pastella, Notary Public ~ 111 O.o (1)0 t:: ..... This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance £ ~ o .!:: Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o ~ ~ _!!f ARTICLE IV-OFFICERS: Section 12. Power of Attorney. ~ ~ J2 ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chainnan or the President, and subject to such limitation as the Chairman or the President ;g i "O >-may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all ~ o ro g undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full ~ ~ .=; ~ power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall ..... ex;> ~ :5 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this E ~ u article may be revoked at any time by the Board, the Chainnan, the President or by the officer or officers granting such power or authority. 'E ex;> ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. 8 ~ Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chainnan or the president may prescribe, {3. .,.!. shall appoint such attomeys~n-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys~n- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. LMS-12873 LMIC OCIC WAIC Multi Cc_061018 4-~"1--By:~-~~~~~--~---------Renee C. Llewellyn, Assistant Secretary ..... TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Blake S. Bohlig of BLOOMINGTON Minnesota , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut City of Hartford ss. By: 'Robert L. Raney, Sefiror Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 A ~ Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which ii is attached. Dated this l U To verify the authenticity of this Power of Attomey, please call us at 1-800-421-3880. Please refer to the above-named Attomey-in-Fact and the details of the bond to which the power is attached. Bond No. 190043158/107097152 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to International Line Builder's, Inc., a Delaware corporation (hereinafter designated as the "Principal"), a Contract for: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, 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 for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, International Line Builder's, Inc., a Delaware corporation, as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIX HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED EIGHT Dollars ($675,808.00), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or as- signs, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alter- ation thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 there under 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. ,., •,; Revised 6/12/18 Contract No. 6062 Page 33 of 51 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond SIGNED AND SEALED, this __ l u~Wl ___ day of :::f'})tl-t.. I 2o__i_g_ __ In_te_m_a_ti_on=a=I~L~in=e~B~u=il=d=er=s~I=nc=·----(SEAL) Liberty Mutual Insurance Company & Travelers Casualty and Smety Campany af A ruerica ( SEAL) By: --4:=,µ.~~__:-~r-.!!~-,--:--..,.....-£"~~+ e,~n- (Signature) (Surety) Blake S. Bohlig, Attorney-in-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By C ~ Deputy City Attorney r. •ff Revised 6/12/18 Contract No. 6062 Page 34 of 51 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of e,IV,ep. ,; cJ-.e } On :iun-e, :aL:av>ot before me, Beu,de1 J.\.Ja, ND}c-lC2-Y' YubliC:., Date Here Insert Name and Title of the Officer personally appeared .... 0-.ce:t~rz.nal~~+--,~-~~n_,,,_H~w~i-d~.e.n,..~-•-G-->.______.,C_,a~I ~j)-·,_v_. ______ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person1') whose name(!s a~ subscribed to the within instrument and acknowledged to me that i©s~/ttay executed the same in I hQ(Jtt1'ir authorized capacity(i~). and that by @,atLtheir signature('5(.on the instrument the person , or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:"f:Ai¼hhJJ P~Ut'lt1c.J./WaU.e;1YJly ,B01d __, I Document Date: =tt,JV:W ILP,:a:v1 &J Number of Pages:_5 ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator o Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ o:o:o:o:o:o:~:o:o:o: m e:afflftu:0:0:(fflOI e:a De:out.1:8:o:H:o:o~u:o:o:o:o00110 ©2018 National Notary Association 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 ~omi:ll Minnesota County of _.H....,e .... o ... o""lep,...i.._n __________ ) before me, ---'K'-"e""l!.Zly_,_N..,_,i""'co><!l,._e -"'BC!.lru~g-=g""em.,_,_a..,_n..._, -'-'N'-'"oC»:ta,._ryL...P'--'u..,_b'--"li"'-c __ (insert name and title of the officer) personally appeared Blake S. Bohlig, Attorney-in-Fact , 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 !&a:IX0m:ilil that the foregoing paragraph is true and correct. Minnesota WITNESS my hand and official seal. , 8 KELLY NICOLE BRUGGEMAN. 1 · NOTARY PUBLIC· MINNESOTA 1 Comm1ss1on Number 31076678 My Comc11ss,on Expires January 312021 1 (Seal) _________ _._.,.. ~Libert): ~ Mutual SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No 8196930-190003 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Nicole Langer, Blake S. Bohlig, Kelly Nicole Bruggeman, Brian D. Carpenter, Heather R. Goedtel, Michelle Halter, Jessica Hoff, Craig Olmstead all of the city of Bloomington state of Minnesota each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this PONer of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ~ day of September , ~ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company i ~ 1~7~; i ~ By: ~ 'iii c David M. Carey, Assistant Secretary .5 ..;-~ State of PENNSYLVANIA >, 'c ~ County of MONTGOMERY 55 ffi ~~ C u a, On this ~ day of September , ~ before me personally appeared David M Carey, who acknONledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o ..:! Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = ti, <ii ~ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ w ~->-E ~ ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ~ a. C~ -~ PA_,, 0~ l1l ~ Q-~c> ,". , ., '\. COMMONWEALTH OF PENNSYLVANIA ~ -.i' ~ ....._, ~ -v Notarial Seal ~ d -"O ~ u-~ . Teresa Pastelta, Notary Public (I/., ~ _ ,. . \ f/ -1-,/ / 0 c a.> \ UpperMenonTwp.,MontgomeryCounty By•-+-µ,u. ___ ,<L1'--) ___ ~ _______________ 1cij l1l c_ '§ . . "._c / My Comm,ss,on Expires March 28. 2021 • feresaPastella, Notary Public § ~ Q) -~'?\ p,J'(;,1/ Member Pennsylvania Assoc1at1on of Notaries Q_ O g>~ -.:.__.--~o .g> _gi This PONer of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance £ ~ o .S Company, and West American Insurance Company which resolutions are nON in full force and effect reading as follows: o ~ ~ _2f ARTICLE IV-OFFICERS: Section 12. PONer of Attorney. ~ ~ ,!2 ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President ;g i -o >-may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all g? o ~ g undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full ~ c':!j _:: 0 ~ power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall .... E ex;> z i3 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this .._ ~ article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such pONer or authority. 'E ex;> ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. 8 ~ Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, ~ .,!. shall appoint such attomeys~n-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys~n- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknOINledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I nave hereunio set ,ny hand and afflXed the seals of said Companies this l_il__ day of ivn..e,, , ~ ~·l«r--By:=-~~-=-.,...,--,,----,---,--,--,--=----,----------Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Mu1ti Co_062018 ~ TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Blake S. Bohlig of BLOOMINGTON Minnesota , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford SS. Robert L. Raney, Sefifor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 ~ ~ Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. Dated this ff'e:-!:"~- 'Kevin E. Hughes,Ass1 Tant Secretary To verify the authenticity of this Power of Attomey, please call us at 1-800-421-3880. Plea~e refer to the above-named Attomey-in-Fact and the details of the bond to which the power is attached. OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is ----------------------------hereinafter called ----------------------------- 11 Contractor" and whose address is ---------------------- hereinafter -------------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings re- quired to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for STREET LIGHTING REPLACEMENT PROGRAM -PHASE 1 CONTRACT NO. 6062 in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow ,, • ., Revised 6/12/18 Contract No. 6062 Page 35 of 51 Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: Title ____ --'F'---'l..:....:N"""'A"-'N-=C-=E"-=D::..:.l:....:.R=EC=-T-=--O=...:....;R ___ _ Name ------------------ Signature ________________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title ------------------ Name ------------------ Signature ________________ _ Address ----------------- Title ------------------ Name ------------------ Signature ________________ _ Address ----------------- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. ,., • .., Revised 6/12/18 Contract No. 6062 Page 36 of 51 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title __ ---=-=M=-A-=--Y:......:O:::...:Rc..:_ __________ _ Name _________________ _ Signature ________________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name _________________ _ Signature ________________ _ Address ----------------- For Escrow Agent: Title _________________ _ Name _________________ _ Signature ________________ _ Address ________________ _ l'\ •tr Revised 6/12/18 Contract No. 6062 Page 37 of 51 SPECIAL PROVISIONS Pursuant to section 6-3.1 of the Standard Specifications for Public Works Construction (SSPWC), the contractor shall complete all contract work within 60 working days. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each working day excess of the time specified for completion of Work (60 working days from Notice to Proceed), in accordance with Section 6-9 of the Standard Specifica- tions for Public Works Construction (SSPWC), the Contractor shall pay the Agency, or have withheld monies due it, the sum of Seven Hundred dollars ($700.00) for each consecutive working day in ex- cess of the time specified. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. RIGHT-OF-WAY PERMIT. Contractor shall apply for and obtain a right-of-way permit from the City of Carlsbad prior to commencement of any work. BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Con- tractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, 2018 edition of the Standard Specifications for Public Works Construction "Greenbook", Special or Technical Pro- visions/Specifications shall be considered as included in the Bid Items. Contractor must protect exist- ing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irri- gation systems, and vegetation at his expense. Remove and Replace Safety Light Fixtures at Signalized Intersections (Bid Item No. A1 and A3) Each The contract unit price paid for this bid item shall constitute full compensation to remove and replace safety light fixtures at various signalized intersections in the City. The bid item shall include furnishing and installing GE Evolve LED Roadway Lighting fixture ERL2-0-16-C3-40-D-GRAY-LY or ERL2-0-16- C3-40-D-GRAY-L or approved equal. A Fisher-Pierce# TRS-2 105-305 VAC LED photo control or approved equal shall be installed with each light fixture. Safety lights shall be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the Greenbook and contract documents. This includes, but is not limited to, light fixture, photocell, wire connections, testing of new light fixture, salvaging old LED fixtures, recycling old induction fixtures, mobilization, and traffic control. Fixtures ERL2-0-16-C3-40-D-GRA Y-L Y are to be installed at signalized intersections west of Interstate 5. Remove and Replace Street Light Fixtures (Bid Item No. A2 and A4) Each The contract unit price paid for this bid item shall constitute full compensation to remove and replace street light fixtures at along various streets in the City. The bid item shall include furnishing and in- stalling GE Evolve LED Roadway Lighting fixture ERLH-0-13-C3-30-D-GRA Y-L Y or ERLH-0-13-C3- 30-D-GRA Y-L or approved equal. A Fisher-Pierce# TRS-2 105-305 VAC LED photo control or ap- proved equal shall be installed with each light fixture. Street lights shall be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accord- ance with the Greenbook and contract documents. This includes, but is not limited to, light fixture, photocell, wire connections, testing of new light fixture, salvaging old LED fixtures, recycling old in- duction fixtures, mobilization, and traffic control. Fixtures ERLH-0-13-C3-30-D-GRAY-LY are to be installed on street light poles west of Interstate 5. ,, •+; Revised 6/12/18 Contract No. 6062 Page 38 of 51 Remove and Reinstall Street Light Shields (Bid Item No. 3) Each The contract unit price paid for this bid item shall constitute full compensation to remove and reinstall existing street light shields at various locations. The bid item shall include reinstalling the existing shields with new stainless-steel screws to the new street light fixture. Street lights shields be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full com- pensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to com- plete the work in accordance with the Greenbook and contract documents. This includes, but is not limited to, stainless steel screws, mobilization, and traffic control. Remove and Replace Fuse (Bid Item No. 4) Each The contract unit price paid for this bid item shall constitute full compensation to remove and replace fuses at various street light poles. The bid item shall include furnishing and installing new fuses within the existing street light pole for locations that have inoperable street light fixtures. Fuses be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full com- pensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to com- plete the work in accordance with the Greenbook and contract documents. This includes, but is not limited to, fuses, fuse holders, mobilization, and traffic control. l'\ •t' Revised 6/12/18 Contract No. 6062 Page 39 of 51 Add the following: 2-10 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified here- inafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is com- plete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay as- sessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. ,, • ., Revised 6/12/18 Contract No. 6062 Page 40 of 51 (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct con- tract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (8), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivi- sion, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that depart- ment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor'' means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written state- ment identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written state- ment, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (8) Within 1 0 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by l'\ • ., Revised 6/12/18 Contract No. 6062 Page41 of51 the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation con- ducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifi- cations of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written re- quest, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the sub- contractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obliga- tions. ,, •ii' Revised 6/12/18 Contract No. 6062 Page 42 of 51 (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commenc- ing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (8) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. ( d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. l'\ • ., Revised 6/12/18 Contract No. 6062 Page 43 of 51 (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claim- ant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (com- mencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. ,, •+' Revised 6/12/18 Contract No. 6062 Page 44 of 51 (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 7-4. l'\ •ff Revised 6/12/18 Contract No. 6062 Page 45 of 51 PART 7, STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 700 -Materials 700-4 STREET LIGHTING SYSTEM MATERIALS 700-4. 7 Photoelectric Controls 700-4.7.2 Photoelectric Control Units REPLACE the subsection with the following: The photoelectric unit shall consist of a photoelectric cell in a weatherproof housing which plugs into an EEI-NEMA twist-lock receptacle integral with the luminaire and shall be installed with the clear UV- stabilized photocell window facing north. The control unit shall contain a uniformly coated cadmium- sulfide photoelectric cell suitable for operation with 120-or 240-volt line supply with surge protection to prevent damage and made to fail in the "ON" position. The unit shall have a HID load rating of 1,800 VA with a Tungsten load rating of 1,000 watts. The unit shall have time-delay capabilities. Photocell unit shall be hermetically sealed. The response level of the unit to changing light levels shall remain stable throughout the life of the unit (5,000 operations). The "turn-on" level shall be nominal 1 foot-candle and the "turn-on: turn-off' ratio shall be 1.5. A Fisher-Pierce# TRS-2 105-305 VAC LED photo control or approved equal shall be installed with each light fixture. The photo control unit shall meet the following minimum electrical and mechanical criteria: • Operating Voltage Range: 105-305 VAC, 50/60 Hz-Nominal Voltage 120/208/240/277 V • Load Rating: 1,000 W / 1,800 VA • Operating Temperature: -40°F to 150°F • Surge Protection: 40,000 Amps • Power Consumption: <0.5 Watts@120 V • Dielectric Strength: 5,000 V between current carrying parts • Circuit Board: Glass epoxy, ionic cleaning and decontamination, and conformal coated • Operating Light Levels: Turn-on 1.5FC, 1.5: 1 Off/On Ratio 700-4.9 LED Streetlight Luminaires ADD new sections with the following: 700-4.9.1 General LED streetlight luminaires shall meet the applicable requirements of the following industry standards: 1. ANSI/NEMA/ANSLG C78.377-2011-Specifcations for the Chromaticity of Solid-State Lighting (SSL) Products 2. IES LM-79-08 -Approved Method: Electrical and Photometric Measurements of Solid-State Lighting Products {'\ •ti' Revised 6/12/18 Contract No. 6062 Page 46 of 51 3. IESNA LM-80-08 -Approved Method measuring Lumen Maintenance of LED chips/ Fixture Manufacturer must provide extrapolation explanation for Lumen Maintenance derived from In- Situ testing upon request. 4. IEEE C62.41.2-2002-IEEE Recommended Practice on Characterization of Surges in Low-Volt- age (1000 V and less) AC Power Circuits 5. I ESNA TM-15-11 & Addendum A (replaces TM-15-07 and TM-15-07 Addendum A) -Lumi- naire Classification System for Outdoor Luminaires; Backlight, Uplight, and Glare (BUG) Rat- ings 6. ANSI/UL 1598 -Poles & luminaires; UL 7. ANSI/UL 8750: Additional requirements for LED luminaires as well as drivers and LED arrays Test data that establishes compliance with the requirements of ANSI/UL 1598 and the other industry standards listed above shall be provided upon request. 700-4.9.2 LED Luminaires Luminaires/fixtures shall be LED, dimmable, and one of the following: • Safety Lighting: GE Evolve LED Roadway Lighting ERL2-0-16-C3-40-D-GRAY-LY or ERL2- 0-16-C3-40-D-GRA Y-L or approved equal. • Street Lighting: GE Evolve LED Roadway Lighting ERLH-0-13-C3-30-D-GRA Y-L Y or ERLH- 0-13-C3-30-D-GRA Y-L or approved equal. LED luminaires shall meet the following criteria: • Standard fixture utilizes terminal block for power input suitable for #6 -#14 AWG wire operates at 700mA. • Drive current is not field switchable. • A three-pole terminal block capable of accepting #14 to #10 AWG shall be mounted to the housing inside the electrical compartment. • Luminaire shall be provided with capability for optional backlight control. • Complete assembly weight shall not exceed 25 lbs. • Fixture is designed to mount on a schedule 40, 2" nominal pipe size (NPS) horizontal tenon (minimum 8" in length) and is adjustable +/-5 degrees to allow for fixture leveling (includes two axis T-level to aid in this process). • Fixture, including the LEDs, drivers and electrical components, shall carry a limited ten-year warranty and housing paint and finish shall carry a ten-year warranty. • Color temperature and CRI: o 4000K color temperature for Safety Lighting, minimum 70 CRI o 3000K color temperature for Street Lighting, minimum 70 CRI 700-4.9.3 Optical System Requirements Optical configurations shall meet the following criteria: 1. No reflectors or single lensed fixture accepted. Close contact refractors to be employed for optical distribution. 2. Refractors are to be polymeric material rated 5VA, f1 rating. 3. Lumen maintenance at 50,000 hours of life to be no less than 88% of initial lumen output. 4. Shall have 95% survival rate at 50,000 hours. 5. Integral 1 OK surge suppressor for diode and entire system protection. 6. Safety lighting fixture shall provide a minimum 15,300 Lumens and shall be IESNA Type Ill distribution. l'\ •ti' Revised 6/12/18 Contract No. 6062 Page 47 of 51 7. Street lighting fixture shall provide a minimum 12,000 Lumens and shall be IESNA Type Ill distribution. 8. The LED pad temperature shall not exceed 75°C at 25°C ambient. 9. On units that contain more than one optical assembly, there shall be a provision to specify that at least one of the optical assemblies can offer photometry in the house side direction. 10. The optical assembly shall be from the same manufacturer as the luminaire housing. 700-4.9.4 Luminaire Housing Luminaire housing shall be furnished with an optical assembly, be powder-coated silver, include a level bubble to facilitate installation, allow for tool-less entry, and shall include an integral twist-lock type receptacle for photoelectric cell control in accordance with the latest EEI-NEMA standards which is adjustable with respect to north and prewired to the terminal board. Photocell control shall be for a 7 -pin receptacle per ANS I C 136. 41 . Luminaire external housing shall have a minimum rating of IP66 as specified in IEC 60529, with the ability to shed water from inside the housing (i.e. weep holes). The LED luminaire shall be designed for horizontal mounting. The LED assembly shall have a slip- fitted mounting bracket capable of attaching to a two-inch (2") pipe without the need for special mount- ing parts. They shall be installed in a horizontal position with leveling and clamping to the mast arm pipe accomplished by tightening mounting bolts, which are externally or internally accessible. Bolts shall be minimum 5/8" x2" size and stainless steel. Luminaire circuitry shall include quick connect / disconnects to allow easy separation and removal of driver and power door. Grounding requirements: ANSI/UL Standards and NFPA 70. The luminaire power unit assembly shall consist of an integral driver, capacitor, 1 OK surge suppressor, and heavy-duty terminal block. The power unit assembly shall be mounted on a separate component of the luminaire to facilitate replacement. The luminaire optical chamber shall have a minimum rating of IP66 as specified in IEC 60529. The luminaire housing cooling system shall consist of a passive heat sink with no fans, pumps, or liquids and shall be designed and constructed to accept a standard plug type, locking, three-pole, three-wire, streetlight photocontrol. The fixture and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117. All fasteners shall be stainless steel and all polycarbonate components shall be UV stabilized. An easily-viewable nameplate shall be permanently affixed to the inside of each luminaire housing. The nameplate shall contain the following information: manufacturer's name, manufacturer's catalog number, date of manufacture (month and year), plant location, input power consumption, driver output current, IEC IP Rating, correlated color temperature (CCT), IES light distribution type, IESNA TM-15 BUG ratings, and serial number. Utility approved luminescent name plate with light source and watt- age shall be permanently affixed on the exterior of the Luminaire to be visible from the ground. The driver assembly shall be enclosed in a separate compartment from the optical assembly. The entire fixture shall be "wet listed" with the optical assembly compartment being rated at IP66. The LED Luminaire shall be constructed to provide the required light distribution with the lower edge of the Luminaire housing below the entire light source close contact refractors. The Luminaire must be Dark ,, •+' Revised 6/12/18 Contract No. 6062 Page 48 of 51 Sky Compliant with U0 bug rating. The light distribution pattern shall be per optical system require- ments section above. Luminaire head shall be equipped with a photoelectric control unit. 700-4.9.5 LED Drivers Light Emitting Diode (LED) drivers shall be component-type consisting of precision wound coils and welded magnetic steel laminations assembled together and impregnated with baked-on, insulating, weatherproof varnish; and metal-cased, hermetically-sealed capacitor, suitable for use on multiple distribution circuits with 60Hz, 120-or 240-Volt rating. The operating sound pressure noise level shall not exceed the ambient noise level by more than five (5) decibels at 30-feet when measured by a sound level meter conforming to the American Standards for Sound Level Meters. Where the ambient noise level is less, a minimum of 40 decibels shall be assumed. The driver shall be the same manu- facturer as the fixture. Power supply / driver shall be field replaceable by means quick-disconnect connectors and easy ac- cess mounting hardware. Power supply/ driver shall be wet-listed in the US and Canada, UL, ROHS compliant, meet Caltrans 611 vibration testing and GR-63-CORE section 4.4.1/5.4.2 earthquake zone 4. LED driver shall meet the following criteria: • Electronic: o voltage range = universal 120 -277 v +/-10%; o frequency = 50/60 Hz; o power factor> 90%@ full load; o THO< 20% @full load; o output ripple < 10%; o output shall be isolated; o case temperature rated for -40°C to 60°C; o fully encased and potted; o overheat protection, self-limited short circuit protection, and overload protected -mini- mum integral 10k surge protection tested in accordance with IEEE C62.41 and ANSI standard 62.41.2; o Driver Life Rating not less than 100,000 hours. l'\ •+' Revised 6/12/18 Contract No. 6062 Page 49 of 51 SECTION 701 -CONSTRUCTION 701-16 STREET LIGHT CONSTRUCTION 701-16.1 General ADD the following: For street lights with existing lighting shields, picture documentation shall be performed and reported back to City with associated Asset ID number. Existing shields shall be removed and reinstalled with the replacement of the lighting fixture. Contractor shall attach shield with stainless steel screws and install in such a way to not affect the new lighting fixture. Contractor shall cap and test all new fixtures to ensure operability. For inoperable fixtures, contractor shall troubleshoot by checking line side of the fuse in pole. Contractor shall replace fuse and test operability of light fixture. If replacing of the fuse does not correct the street light operability issues, contractor shall document issue and report back to the City with associated street light Asset ID num- ber. 701-20 SALVAGE ADD the following: Existing LED fixtures shall be salvaged and returned to Carlsbad Public Works building located at 405 Oak Ave, Carlsbad CA, 92008 by the Contractor. City requires that at least 50% of items removed be recycled. Contractor shall provide the city with a report, with accompanying disposal receipts, by tonnage of all fixtures removed, place where recycled, and the weight of the materials recycled. If items were disposed of as hazardous please provide a separate report for these items. Existing induction fixtures shall be removed and recycled appropriately per State recycling guidelines by the Contractor. After award of contract. contractor shall provide a submittal outlining how they intend to comply with state regulations for recycling and hazardous waste disposal. ,, • ., Revised 6/12/18 Contract No. 6062 Page 50 of 51 EXHIBITS A. Location map of signalized intersections (safety light fixtures) -See attached. B. Location map of streetlights being replaced on roadways within the City of Carlsbad -See attached. l'\ •+;" Revised 6/12/18 Contract No. 6062 Page 51 of 51 April 26, 2019 ADDENDUM NO. 1 {'cityof Carlsbad RE: STRET LIGHTING REPLACEMENT PROGRAM -PHASE 1, PROJECT NO.: 6062; Bid No. PWS19-724GS Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: May 14, 2019 Time remains the same: 11 a.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. \0,.,1\I l\~ t\(\A,\_; \ \j •,\ . J1~EAN HAWNEY ) Associate Contract Administrator I ACKNOWLEDGE RE;6DDENDUM NO. 1 Z.,-CA-- Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t From: CITY OF CARLSBAD Street Lighting Replacement Program -Phase 1 Project No. 6062 Bid No. PWS19-724GS Addendum No. 1 Janean Hawney. Associate Contract Administrator Phone: 760-602-2795 janean.hawney@carlsbadca.gov No. of Pages: 4 pages (including this page) Date: April 26. 2019 Proposal Due Date: May 14, 2019 -11 a.m. (changed from April 30, 2019) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes. deletions. or additions. Item No. One: Questions and Responses Contract No. 6062-Street Lighting Replacement Program -Phase 1 Addendum No. 1 Street Lighting Replacement Program -Phase 1 Project No. 6062 Bid No. PWS19-724GS Questions and Responses Date: April 26. 2019 Question 1: Regarding Bid Item #4. Remove and replace fuse. on page 39 of 51 of the bid documents it states: "This includes. but is not limited to. fuses. fuse holders. mobilization. and traffic control. " Are any of the estimated 100 units going to be dual fuse holders with two fuses for 208-240v or are we to assume all will be single fuse holders with a single 10-amp fuse? Response 1: Contractor is to assume all fuses are associated with single fuse holders and a 10- amp fuse. Question 2: Under the Special Provisions we are being asked to remove and reinstall existing light shields on the new fixtures. I've recently installed 70 light shields for City of San Diego. We had to have them custom made to fit the GE ERL fixtures. I don't think the shields currently installed will fit the new ERL fixtures. Has this been confirmed in the field? Response 2: City forces have successfully completed the task as required by the contract. If the contractor wishes to propose a change. contractor shall submit in accordance with the procedures outlined in the 2018 Edition of the Standard Specifications for Public Works Construction. "Green book". Question 3: Does the City have yard space available for the contractor to lease as a staging area for the trucks and fixtures? Response 3: The City intends to offer contractors the opportunity to lease 1500 square feet of space at 2480 Impala Drive. or 2402 Tamarack Avenue. Carlsbad CA. Access to the site will be limited to the hours of 7:00 AM and 3:00 PM. Monday through Friday. The yard rental rate will be $500 per month. Question 4: How will the specific locations of the installations be provided to the contractor? Response 4: Contractor will be provided larger scale street light location maps similar to the ones included in the contract documents. The maps will include individual Asset ID numbers. Question 5: Will GIS data be available? Response 5: No. Question 6: Will access to the GIS platform be available? Response 6: No. Contract No. 6062-Street Lighting Replacement Program -Phase 1 Addendum No. 1 Question 7: Will any installations be close enough to the railroad to require MTS flaggers. roadway training. and permits? Response 7: It will be the contractor's responsibility to determine if the contractors proposed means and methods for replacing any of the light fixtures would require MTS flaggers. roadway training. and permits. Question 8: The project is noted to be completed within 60 working days of the NTP issue. Does this exclude material shipping time? The shipping time could consume a large majority of the 60 days. Response 8: The Notice to Proceed will be issued only after the proposed construction schedule. as required under section 6-1.1 of the 2018 Edition of the Standard Specifications for Public Works Construction. "Greenbook". is approved. The intent is to complete all of the contract work within 60 working days. Question 9: The RFP restricts any subcontractor from completed more than 49% of the work. This is a Cal Trans requirement that does not directly apply to streetlight conversion and has been removed from others such as Corona. Can the City consider removing this requirement? Response 9: Please refer to section 3-2 SELF-PERFORMANCE. of the 2018 Edition of the Standard Specifications for Public Works Construction. "Greenbook". Question 10: The bid opening is set for 11 AM on the final day. Can the City consider moving this to 3PM to allow for shipment of bids to insure on time arrival? Response: 10: No. Question 11: Will the City consider answering questions as they arrive given the short time between scheduled addenda release and RFP deadline? Response 11: No. Question 12: What is the warranty period and what section is it listed in? Response 12: In addition to the warranty period included in section 3-13.3 of the 2018 Edition of the Standard Specifications for Public Works Construction. "Greenbook". yes. the product shall come with the standard 10-year warranty offered by the manufacturer. see attached. Contract No. 6062-Street Lighting Replacement Program -Phase 1 Addendum No. 1 • larranty #PCity of XXX March 20, 2019 1975 Noble Road Cleveland, OH 44112 USA GE Evolve™ LED Luminaires Limited Warranty Current. Powered by GE ("GE"), a business of General Electric Company, is pleased to provide the following Limited Warranty to City of XXXX ("Purchaser"), covering ERLl, ERLH ERLZ GE Evolve™ LED luminaires, ("Product"), purchased from GE Date XXXX LIMITED WARRANTY: Subject to the terms and conditions specified in this Limited Warranty, GE warrants that GE Evolve™ LED luminaires ("Product") purchased directly from GE will be free from (al defects in material and workmanship of electrical components until the earlier of (ii Ten 1101 years from the date of manufacture, and (ii) 44,000 hours of operation; (bl defects in material and workmanship of non-electrical components until one (11 year from the date of manufacture; and (cl visible exterior-surface cosmetic defects in paint and material finishes (described as chips, pitting, corrosion, chalking/fading) exceeding 50% loss from the initial 60-degree gloss per ASTM D523-08, and other surface deterioration greater than 15% of the surface, in each case until Ten (10) years from the date of manufacture; provided, however, that GE does not warrant: (1) photoelectric controls and shorting caps, which are covered by the applicable warranties (if any) of the companies that manufacture these devices, and (21 paint and material finishes when Product is installed in a coastal application1, unless the Product is ordered with GE's Coastal Finish option IYl2. REMEDY: If a Product fails to meet the warranty set forth above, then GE will, at its option, either (ii repair the defective Product, (iii provide a free replacement Product or replacement parts, F.O.B. GE's warehouse, or (iii) refund the purchase price paid to GE for the Product or replacement parts. Any replacement Product or part will be comparable in function, but may not be identical to the original. The replacement or repaired Product is warranted for the remainder of the original warranty period. GE is not responsible for labor and other costs associated with removal or reinstollotion. TERMS AND CONDITIONS: This Limited Warranty is VOID if Purchaser or the user fails to comply with any applicable instructions and recommendations of GE; if any components are replaced with components of other manufacturers; or if the Product is operated outside the specified electrical values or is subject to abnormal use or stress, including under/over voltage conditions, excessive switching cycles, and operation in environmental conditions (e.g., ambient temperature) outside normal specified operating range. -E shall not be responsible for any failure of Products that result from external causes, including, but not limited to, acts of God; power surges that <ceed product specification; improper power supply; fault or negligence of the Purchaser or user; improper or unauthorized use, 1nstollation, handling, storage, maintenance, alteration or service; any abuse, misuse, abnormal use or use in violation of any applicable standard, code or instructions for use in installations including those contained in the latest Notional Electrical Code (NEC), the Standards for Safety of Underwriters Laboratory, Inc. (UL), Standards for the American National Standards Institute (ANSI), in Canada, the Canadian Standards Association (CSA). Europe (CE), Australia (C-Tick); or any cause other than a defect in the material or workmanship of the Product itself. Notwithstanding anything to the contrary in this Limited Warranty, the LED module of the Product shall not be deemed to fail to meet the warranties above unless ten percent (10%) or more of the LEDs in the module do not light. HOW TO MAKE A WARRANTY CLAIM: GE must issue a Return Material Authorization (RMA#) for oil requests for warranty review. To make a warranty claim, retain the failed Products and notify your GE soles or customer service representative in writing within thirty (30) days of the failure. After contacting GE and receiving on RMA number, Purchaser shall promptly return the Product after receiving instructions regarding if, when, and where to ship the Product. The Product must be returned within 10 days of receiving RMA number, and the shipping box must be clearly marked with RMA number. Failure to follow this procedure shall void this Limited Warranty. GE reserves the right to examine all failed Product to determine the cause of failure and patterns of usage and shall be the sole Judge as to whether any Product is defective and covered under this Limited Warranty. LIMITS OF LIABILITY: THE FOREGOING LIMITED WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY AND REMEDY OF THE PURCHASER AND THE SOLE LIABILITY OF GE FOR THE SPECIFIED LED LUMINAIRES AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IS TO BE IMPLIED. IN NO EVENT SHALL GE BE LIABLE FOR ANY OTHER COSTS OR DAMAGES INCLUDING LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. Nicolas Langel Pricing Specialist ~ stribution Fred Smith. Anderea Corriere. Patrick Stimolo. Mike Brown, Greg Valeri. Mike McVeigh ·oostal appl,cat1on 1s defined as w1th1n 750 feet of a saltwater coastline L ..:oastol F1nrsh, when offered. 1s Option Y 1n the ordering number logic for GE Evolve lum1no1res. May 10, 2019 ADDENDUM NO. 2 {'cicyof Carlsbad RE: STRET LIGHTING REPLACEMENT PROGRAM -PHASE 1, PROJECT NO.: 6062; Bid No. PWS19-724GS Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: May 29, 2019 Time remains the same: 11 a.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. ?(µJA) ~NEAN HAWNEY Associate Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 yz_ .d:- Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t May 24, 2019 ADDENDUM NO. 3 ('Cityof Carlsbad RE: STRET LIGHTING REPLACEMENT PROGRAM -PHASE 1, PROJECT NO.: 6062; Bid No. PWS19-724GS Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. Bid Opening Date: May 29, 2019 11 a.m. (Unchanged) This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. ~ JANEAN HAWNEY Associate Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's ~ v,.~ ~<:..J;\'c.lffc1' IR.. i Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t From: No. of Pages: Date: CITY OF CARLSBAD Street Lighting Replacement Program -Phase 1 Project No. 6062 Bid No. PWS19-724GS Addendum No. 3 Janean Hawney. Associate Contract Administrator Phone: 760-602-2795 janean.hawney@carlsbadca.gov 5 pages (including this page) May 24. 2019 Proposal Due Date: May 29, 2019 -11 a.m. (unchanged) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes. deletions. or additions. Item No. One: Manufacturer information for the existing street lights to be replaced is attached for reference. Addendum No. 3 PWS19-724GS ~ US Lighting Tech Project : Type: Quantity : Jersey HR Street Lighting • Wattage: 200W • High index. CRI: 80; Makes colors look more true and vibrant • Vibration resistant: Electrodeless design allows for use in high-vibration applications • Instant on and Instant re-strike • Applications: Street Lighting, Area Lighting Housing • Rugged die-cast aluminum housing • Electrostatic powder-coated surface for corrosion-resistance and long life • Anodized aluminum reflector for optimal light distribution • Gas tight rubber seal • Tool less lamp access and terminal access • Protection class: IP65 (Dust and low pressure water) in optical and ballast chamber • Bolt mast arm mount is adjustable for arms from 1-1/4" to 2" (1-5/8" to 2-3/8" O.D.) diameter • Terminal block and NEMA photo control receptacle System Performance System Designation Lamp Ballast System Lumens Rated Life Color Temp CRI 200 2x100 2x100 23 000 100 000 5000K 80 System Specification System Designation Lamp Ballast System Voltage Range Input Current Power Operating Wattage (50-60HZ) (A) Factor Temp (F) 200 2x100 2x100 212/206 120-227 /480V 1.76-0.74 0.98 -30 to 149 SYLVANIA US Lighting Tech I phone: (714) 617-8800 I website: www.uslightingtech.com I e-mail: sales@uslightingtech.com ~ US Lighting Tech Jersey HR Street Lighting Dimensions 1e.1· Ordering Guide Reference Description 511-2001-003 Jersey Street Liqhtinq 120/277 Volt, 200 Watt, 5000K Grev. Flat Lens 511-2001-043 Jersey Street Liqhtinq 120/277 Volt 200 Watt 5000K Green Flat Lens 511-2003-002 Jersey Street Liqhtinq 120/277 Volt 200 Watt 5000K Grey Drop Lens 51 1-2003-013 Jersev Street Liqhtinq 120/277 Volt 200 Watt 5000K Green Droo Lens Options Reference Description Call for details Reolacement Droo Lens Call for details Replacement Flat Lens Call for details Shortino Cao Call for details House Side Shield Call for details Vandal Shield US Lighting Tech I phone: (714) 617-8800 I website: www.uslightingtech.com I e-mail: sales@uslightingtech.com ~ US Lighting Tech I Project, Type: Quantity, Jersey HA Street Lighting Housing • Rugged die-cast aluminum housing • Wattage: 40W, ?OW, 100W and 150W • High index. CRI: 80; Makes colors look more true and vibrant • Vibration resistant: Electrodeless design allows for use in high-vibration applications • Instant on and Instant re-strike • Applications: Street Lighting, Area Lighting • Electrostatic powder-coated surface for corrosion-resistance and long life • Anodized aluminum reflector for optimal light distribution • Gas tight rubber seal • Tool less lamp access and terminal access • Protection class: IP65 (Dust and low pressure water) in optical and ballast chamber • Bolt mast arm mount is adjustable for arms from 1-1/4" to 2" (1-5/8" to 2-3/8" O.D.) diameter • Terminal block and NEMA photo control receptacle System Performance System Deslg-Lamp Ballast System Rated Life Color Temp CRI nation Lumens 40 40 40 2 800 100 000 3500K 41 0OK 5000K 80 70 70 100 6 500 100 000 3500K 41 O0K 5000K 80 100 100 100 8,000 100 000 3500K 41 O0K 5000K 80 150 150 150 12 000 100 000 3500K 41 00K 5000K 80 System Specification System Lamp Ballast System Voltage Range Input Current Power Operating Temp (F) Designation Wattage (50-60HZ) (A) Factor 40 40 40 44 120-227 0.37-0.16 0.98 -30 to 149 70 70 100 79/77 120-227 0.66-0.28 0.98 -30 to 149 100 100 100 106/103 120-227 0.88-0.37 0.98 -30 to 149 150 150 150 161/156 120-227 1.34-0.56 0.98 -30 to 149 SYLVANIA US Lighting Tech I phone: (714) 617-8800 I website: www.uslightingtech.com I e-mail: sales@uslightingtech.com ~ US Lighting Tech Jersey HA Street Lighting Dimensions 14.a• + Ordering Guide Reference Description 511 -2001 -004 Jersev Street Liahtina 120/277 Volt 40 Watt 5000K Grev 511 -2001-005 Jersey Street Liahtina 120/277 Volt 70 Watt 5000K Grev 511 -2001 -009 Jersey Street Liahtina 120/277 Volt 100 Watt 5000K Grev 511 -2001 -002 Jersey Street Liahtina 120/277 Volt 150 Watt 5000K Grev 511 -2001 -012 Jersev Street Liahtina 120/277 Volt 40 Watt 5000K Green 511 -2001 -042 Jersev Street Liahtina 120/277 Volt 70 Watt 5000K Green 511 -2001 -014 Jersey Street Liahtina 120/277 Volt 100 Watt 5000K Green 511 -2001-013 Jersey Street Liahtina 120/277 Volt 150 Watt 5000K Green Options Reference Descrlotlon Call for details Replacement Drop Lens Call for details Replacement Flat Lens Call for details Shortino Cap Call for details House Side Shield Call for details Vandal Shield US Lighting Tech I phone: (714) 61 7-8800 I website: www.uslightingtech.com I e-mail: sales@uslightingtech.com