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HomeMy WebLinkAboutPlanes, Boats and Automobiles; 2016-04-16; PWS16-105TRANRATIFICATION OF CONTRACT PUBLIC WORKS PWS 16-1 05TRAN CARLSBAD BLVD 2015 EMERGENCY RIP RAP REPAIRS-EXTENDED CONTRACT NO. 6063-B This Ratification of Public Works Contract is entered into as of the 01 st-day of M~~ , 2016, but effective as of the 141h day of April, 2016, ratifying the contract by and be een the C1ty of Carlsbad, a mun1c1pal corporation, (hereinafter called "C1ty"), and Planes, Boats and Automobiles, (PBA), a limited liability company, whose principal place of business is 800 Grand Ave. UnitA-9, Carlsbad, CA 92008 (hereinafter called "Contractor''). City and Contractor agree as follows: 1. DESCRIPTION OF WORK Contractor shall perform all work specified in the Contract documents, including Exhibit "A", for: CARLSBAD BLVD 2015 EMERGENCY RIP RAP REPAIRS-EXTENDED CONTRACT NO. 6063-B (hereinafter called "project"). 2. RATIFICATION OF CONTRACT The Parties desire to ratify any work already performed by the Contractor without the benefit of this Contract. The Contract is hereby ratified effectiveApril14, 2016. 3. PROVISIONS OF LABOR AND MATERIALS Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 4. CONTRACT DOCUMENTS The Contract Documents consist of this Contract, Designation of Subcontractors, Specifications, addendum(s) to said Plans and Specifications and General Provisions, Exhibit "A", and all proper amendments and changes made thereto in accordance with this Contract 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 indicated, 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. 5. PAYMENT For all compensation for Contractor's performance of work under this Contract, City shall make ('\ •fi Revised 5/17/16 Contract No. 6063-B Page 1 of 13 Pages PWS 16-1 OSTRAN payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of the 2015 edition of the Standard Specifications for Public Works Construction (Greenbook). 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. 6. 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 information 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. 7. 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 required 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. 8. 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. ·'l '-+' Revised 5/17/16 Contract No. 6063-B Page 2 of 13 Pages PWS 16-1 OSTRAN 9. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 41 04 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 10. 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 connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those 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 Contractor, 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. 11. 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 {'\ •fi Revised 5117/16 Contract No. 6063-B Page 3 of 13 Pages PWS 16-1 05TRAN 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 Insurance. $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. 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 respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed 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 documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. 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, employees 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 non renewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (1 0) 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 retention levels must be declared to and approved by the City. At the option of the City, {'\ •+' Revised 5/17/16 Contract No. 6063-B Page 4 of 13 Pages PWS 16-1 OSTRAN 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 insurance 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 original 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. 12. CLAIMS AND LAWSUITS All claims by contractor 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 201 04) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). 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. 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. l' •ii' Revised 5/17/16 Contract No. 6063-B Page 5 of 13 Pages PWS 16-1 OSTRAN 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 another 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 agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. /?;2 in it J"J:#, in it 13. 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. 14. LABOR CODE PROVISIONS The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 15. 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 established 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. 16. 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. 17. 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 included herein, and if, through mistake or otherwise, any ~~ • ., Revised 5/17/16 Contract No. 6063-B Page 6 of 13 Pages PWS 16-1 05TRAN such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 18. ADDITIONAL PROVISIONS Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) Kevin Doherty I Vice President -Secretary (print name and title) By: z?·'LJ (sign here) Ray Files I President (print name and title) CITY OF CARLSBAD a municipal corporation of the State of California By:~~~~ May r GLESON, City Clerk t-av 1 o \'":1 {Vted~n~, Dep.cl') 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 City Attorney / (; / By: Xc~e=L::c£e~~ Deputy City Attorney - {'\ •+' Revised 5/17/16 Contract No. 6063-B Page 7 of 13 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIl CODE§ 1189 • A notaty 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 S_Jl,.!{>v~'"" ) ) 0 I~ tfttlr"1 '1...&>1' ~;, b f ~\J1--»"~ rAl::7f:~AA f4~~ n --'----'-'-----7.--B------e ore me, -----=-------r-__::__:_"'"'V_:_-_!._ '-------- Date Here ln~rt ~ame and Title of the Officer ~~oo~~~~ared_-_,_~_1_~_-_o_-~--~---~~r~~~·~'--~~~~~-~-~-'----~------- Name(sJ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/h,¢r/their authorized capacity(ies), and that by hfs/~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -----------------------------OPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document -11 F ,,N_;'fiA~Iil f! -.~ ~ ~~ i. i, Title or Type of Document: v, -~$ 11'1,;\ Document Date: _ _:7_,._1 ____ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s} Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner-0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notaty Association· www.NationaiNotaty.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWS 16-1 05TRAN Bond# CE11510702833 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, California has administratively awarded to PLANES, BOATS, AND AUTOMOBILES, LTD (PBA), (hereinafter designated as the "Principal"), a Contract for: CARLSBAD BLVD 2015 EMERGENCY RIP RAP REPAIRS-EXTENDED CONTRACT NO. 6063-B 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 performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, PLANES. BOATS. AND AUTOMOBILES. LTD (PBA). as Principal, (hereinafter designated as the "Contractor"), and ---------------:-----:------:-- Philadelphia Indemnity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of one hundred sixty one thousand dollars ($161 ,000), said sum being an amount equal to: One hundred percent ( 1 00%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to .section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. {"\ •+' Revised 5/17/16 Contract No. 6063-B Page 8 of 13 Pages PWS 16-1 05TRAN 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. Executed by CONTRACTOR this 24th day of ___ M........,ayl'-------' 2016 . CONTRACTOR: Planes, Boats and Automobiles L TO (title and org_~~Y1{Z~tion of signatory) ~.- By: _____ -L-.,"' -,-------- (sign here) ... ~~l6S () _, ., (print name here) tl'&S (title and organization of signatory) Executed by SURETY this ____.2=:4ll!thc.!,..._ __ day of ___ ..:..:M=a"'-y ______ , 201.Q_. SURETY: Philadelphia Indemnity Insurance Company (name of Surety) One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 (address of Surety) 800-765~9794 (telephone,nl,,mber of Surety) , , Steven A. Swartz (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney 1 / ~-~- fl I ./J ~· ,. /. "" By: /'---1-.r::~'Lt:"( .(.. «( / .. ~ _.,.. ""t) Deputy City Attorney · o-•·· l' •fl Revised 5/17/16 Contract No. 6063-B Page 9 of 13 Pages CALIFORNIA ALL-PURPOSE 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--~-~ __ Q_it1,_"' _____ _ On \ fi r*t '1.V ~f. ) .{ w~~r ,w~~ f~~ ... bate before me,---·---------.~.------"-_________ _ Here Insert Name and Title of the Officer ~rnoo~~~~ared ___ ~_-~1-~-~-~-~~~·-~\-~_~_~;_~_1_·~-~--~-~1--~------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ¢are subscribed to the within instrument and acknowledged to me that h,?lsl!i(e/they executed the same in h~/h§l!r/their authorized capacity(ies), and that by h~.Sf/their signature{s) on the instrument the person(s), 6r the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL 1 DAREN VASS NOTARY PUBLIC-CALIFORNIA €8 COMM. NO. 2087484 ~ SAN DIEGO COUNTY MY COMM. EXP. NOV. 21, 2018 Place Notary Seal Above I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------------------OPTIONAL------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . J~ 11'1 Title or Type of Document: 1AljJJ"1 ~.J1.4-~ & ·Document Date: __ ':?---"-'-Hi~_o I_•_Jo ___ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ California All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~O~ra4.!..n!.l;;lg.!.<.e __________ _ s.s. On May 24. 2016 N/A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ue subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity(ies), and that by his/~k 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' WITNESS my hand and official seal. ~~~-~ Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________ _ Payment Bond -Planes, Boats and Automobiles, LTD (PBA) -City of Carlsb,ad containing __ 2_ page~, and dated May 24, 2016 The si~her(s} capacity or authority is/are as: lndividual(s) !Xi Attorney-in-fact Corporate Officer(s) -------~------ Guardian/Conservator Partner-Limited/General Trustee(s) Other:----------------- Proved to me on the basis of satisfactory evidence: form(s) of identification credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other Signer(s) Thumbprints(s) PIDLADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Stlite 100 Bala Cynwyd, P A 19004-0950 Power of Attorney 8065 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht, Lorie Mandel, and Nicki Swartz, Michael Herranen and Thomas C. Buckner of the City of San Clemente, State of California of South Coast Surety, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes th\l President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE CQMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS lOTH DAY OF JUNE 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity In~urance Company On this 10"' day of June 2013, before me came the individual who executed the preceding in•tmment, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPIDA INDEMNITY INSUlV\NCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at: Bala Cynwyd, P A (Notary Seal) My commission expires: December 18 20 16 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this lOTH day of June 2013 trul! and correct and are still in fhll force and effect. I do further certify that Robert D. O'Leary Jr., wbo executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each C01J1pany this /Jt,.rl:k ~ / t7.1 day of '/) ~ , 20/&~ . Edward Sayago, Corporate Secretary PHILADELPIDA INDEMNITY INSURANCE COMPANY Bond# CE11510702833 Premium Amount: $5,635.00 PWS 16-1 05TRAN FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, California has administratively awarded to PLANES. BOATS. AND AUTOMOBILES. L TO {PBA), (hereinafter designated as the "Principal"), a Contract for: CARLSBAD BOULEVARD 2015 EMERGENCY RIP RAP REPAIRS EXTENDED CONTRACT NO. 6063-B 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, PLANES, BOATS AND AUTOMOBILES, LTD (PBA), as Principal, (hereinafter designated as the · "Contractor"), and Philadelphia Indemnity Insurance Company -------------' as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of one hundred sixty one thousand dollars ($161 ,000), 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 assigns, 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 alteration 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, incurred 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 . . , f..., Revised 5/17/16 Contract No. 6063-B Page 1 0 of 13 Pages PWS 16-1 05TRAN 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. Executed by CONTRACTOR this _.....:2=-4=th.;___ day of __ __:_:M~a::..z.y ______ , 2012_. CONTRACTOR: By: ___ __::. ________ _ (sign here) r<'~t Fl-:r-s (title and organization of signatory) Executed by SURETY this __ 2_4_th ____ day of _ __,;M.::..o.a;:;... Y.__ _______ , 20~. SURETY: Philadelphia Indemnity Insurance Company (name of Surety) One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 (address of Surety) 800 .. 765~9794 (tel~phonen,urnber of Surety) Steven A. Swartz (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: Deputy C1ty Attorney ~ ., f.., Revised 5/17/16 Contract No. 6063-B Page 11 of 13 Pages CALIFORNIA ALL-PURPOSE 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 ~Qt~"" On i~ ·,~ 'J,.;;.~~ ) ) { nA...&. A ~f) AJ;rltt+t_ ll.M>~.i! L-before me, ----''r_w_IY" ___ -+-'u,__ ~---'-n-~."'_ ..... -_-______ _ Date Here Insert Name and Title of the Officer / r.t~: f'h~' ."~~ ~JJ v,3u~--~-personally appeared ______ j.....__ ____ J:t'_,"'l!' ___ ___::_~_r-__ __,+1---.,----------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ilare subscribed to the within instrument and acknowledged to me that lile/stie/they executed the same in hi~h~r/their authorized capacity(ies), and that by t{islher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ature of Notary Public .1 ------------------------------OPTIONAL------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . . . . ~~~ylJ.I'i} -51.~··-~~u:. Title or Type of Document: ~fijf'ki-f""~ fl DoctJment Date: __ v __ "P'_I ___ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: ---------------------------Signer Is Representing: _________ _ Signer Is Representing: ________ _ ·~ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Califomia All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _...o""'ra..,_n!.:;lg~e __________ _ s.s. On. May 24. 2016 N/A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/~ey executed the same in his/~ authorized capacity(ies), and that by his/bmdbtmif 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. "' WITNESS my hand and offiCial seal. /)dltlf;;u~~ Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________ _ Performance Bond -Planes, Boats and Automobiles, LTD (PBA) -City of C§rlsbad containing __ 2_ page~. and dated May 24, 2016 The signer(s) capacity or authority is/are as: lndividual(s) l&l Attorney-in-fact Corporate Officer(s) -------------- Guardian/Conservator Partner-Limited/General Trustee(s) Other:----------------- representing: .:.....:..:.:.::::..:==::...:.:.=~:.:..:.L...:.:...:..::.::::..::::.:..:=-=--::.:.;..;,c=:..:.ir._ Proved to me on the basis of satisfactory evidence: form(s) of identification credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Signer(s) Thumbprints(s) PIDLADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., St~ite I 00 Bala Cynwyd, P A 19004-0950 Power of Attorney 8064 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht, Lorie Mandel, and Nicki Swartz, Michael Herrancn and Thomas C. Buckner of the City of San Clemente, State of California of South Coast Surety, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of in4enmity and writings obligat01y in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" 4ay of July, 2011. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact &nd authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it · That the signatures of such officers and the SC!\1 of the Company may be affixed to any such Power of Attorney or certificate relating then;to by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS lOTH DAY OF JUNE 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia h1demnity Insurance Company On this 10"' day of Jlme 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of Said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at: BaJa Cynwyd, P A (Notary Seal) My commission expires: December 18 2016 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attomey issued pursuant thereto on this lOTH day of June 2013 true and correct and are still in filii force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY RATIFICATION OF CONTRACT PUBLIC WORKS EXHIBIT "A" PWS 16-1 05TRAN Carlsbad Boulevard 2015 Emergency Rip Rap Repairs Extended DESCRIPTION OF WORK After approximately 270 feet of rip rap was placed in January 2016, the continued storm events of El Nino caused additional bluff failures compromising life and property. This work add approximately 250 feet of additional rip rap to stabilize the area. Contractor shall provide all labor, equipment, and materials necessary for the installation of rip-rap revetment rock at the toe of the slope/roadbed of westerly Carlsbad Boulevard immediately north of Encinas Creek. All work to be in accordance with the City of Carlsbad Engineering Standards and the latest edition of the State of California Standard Specifications. The anticipated work is generally described as follows: • Contractor shall assume all responsibility for location and avoidance or repair of all underground utilities, including, but not limited to, gas, water, electric, cable TV, telephone, sanitary sewer, and storm sewer. If the contractor fails to adequately protect the utilities, any resulting damage shall be repaired at Contractor's cost • Contractor shall assume all responsibility for safety during performance of the work. Excavations shall be shored and workmen protected in accordance with OSHA and all other applicable federal, state, and local regulations. Contractor shall conform to the rules and regulations of the State Construction Safety Orders pertaining to excavation and grading. • Procurement and delivery of rip-rap revetment rock of varying weights, generally between 2 and 6 tons per piece. Total quantity of rock anticipated to be installed is approximately 1600 tons. All rock shall be sound, durable, hard, free from laminations or cleavages, and of such character that it will not disintegrate from the action of air, sea water, or the conditions to be met in handling and placing. All stone shall be angular quarried material and stone shall have the greatest dimension not greater than 3 times the least dimension. • Placement of rock: All rock shall be placed under the direction of the City inspector. Rocks shall be carefully placed, keyed and set by placing or relocating with an excavator or similar approved equipment. In general, the longitudinal axis of each outer stone shall be normal to the axis of the revetment and shall slope downward toward the toe of the revetment. • Copies of scale tickets or records of weights including displacement weight data, shall be submitted to the Engineer during the progress of the work. Each scale ticket or record shall include the gross, tare, dunnage and net weight of stone. The weight of dunnage for each load will be determined, recorded and certified by the Engineer. Copies of scale tickets and/or receipts shall accompany each load of stone for all methods of transportation and a l' •+V Revised 5/17/16 Contract No. 6063-B Page 12 of 13 Pages PWS 16-1 05TRAN copy shall be delivered to the Engineer on delivery of the stone. Before the final payment is made, the Contractor shall file with the Engineer certified scale tickets or certified records for all stone used in the construction covered by the contract. MEASUREMENT AND PAYMENT The City will compensate the contractor for directed emergency repair work in accordance with the following schedule: RATES: 330 excavator with operator & fuel. Laborer Supervisor w/ truck Revetment Rock $3,000.00/day $90 per hour $125 per hour $51.75/ton (delivered) All unforeseen or additional work will be performed on a time and material basis. A markup for all overhead and profits of 15% shall be added to the contractor's materials costs on unforeseen or additional work. Total price for all work, to include taxes, fees, expenses and all other costs, will not exceed one hundred sixty one thousand dollars ($161 ,000}, unless proper change orders are executed. l' •+' Revised 5/17/16 Contract No. 6063-B Page 13 of 13 Pages