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Ayala Engineering; 2014-09-16; PWM15-20UTIL
PWM15-20UTIL CiTY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REHABIUTATE SEVEN SEWER MANHOLE ASSETS (41A-18,12A-12, 6C-45, 6C-86, 70-5, 7C-6 AND 7C-3) CONT. NO. 55031 This agreement is made on the ^ day of r^i^/T^^^^ A 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter dalled "City"), and Ayala Engineering, a sole proprietorship, whose principal place of business is 8482 E. Meadowridge St, Anaheim CA' 92808 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform ali work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project'). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools equipment, and personnel to perform the wori< specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict this Contract will supersede tenms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled woricers and abide by all State laws and City of Carisbad Ordinances goveming labor. GUARANTEE. Contractor guarantees ali labor and materials fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Castaneda (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carisbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concem. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor hereby agrees that any contract daim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that Califomia Govemment Code sections 12650 et seq., the False Claims Act, provides for dvil penalties where a person knowingly submits a false daim to a public entity. These provisions indude false daims made with deliberate ignorance of the false infonnation or in reckless disregard ofthe tmth or falsity ofthe information. The provisions of Carisbad Munidpal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. REHABILITATE SEVEN SEWER Page 1 of 7 City Attomey Approved 2/7/13 MANHOLE ASSETS; CONT. NO. 55031 PWM15-20UT1L Contractor hereby acknowledges that the filing of a false daim may subjed the Contrador to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contrads for a period of up to five years and that debamient by another jurisdiction is grounds for the City of Carisbad to disqualify the Contrador or ajbcontrador from partidpating in contrad bidding. Signature: _^ Print Name: X^^^yp^^rO y^^^Ja REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification of Commerdal General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the Caiifornia Insurance Commission. The certificates shall indicate coverage during the period of the contrad and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Bests Key Rating Guide of at least A-:V and (2) are admitted and authorized to transad the business of insurance in the State of Califomia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries induding acddental death, to any one person in an amount not less than $500,000 Subjed to the same limit for each person on account of one acddent in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per acddent for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contrad, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above polides shall have non-cancellation dauses providing that thirty (30) days written notice shall be given to the City prior to such canceilation. The policies shall name the City of Carisbad as an additional insured. INDEMNITY. The Contrador shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all daims, loss, damage, injury and liability of every kind, nature and description, diredly or indiredly 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, mles or regulations induding those related to safety and health; and from any and all daims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indiredly from the nature of the work covered by the Contrad, except for loss or damage caused by the sole or active negligence or willful misoondud of the City. The expenses of defense indude all costs and expenses induding attomeys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contrador agrees and hereby stipulates that the proper venue and jurisdidion for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contrador agrees to start within 7 working days after receipt of Notice to Proceed. Completion: Contrador agrees to complete work within 25 working days after receipt of Notice to Proceed. REHABILITATE SEVEN SEWER Page 2 of 7 City Attomey Approved 2/7/13 MANHOLE ASSETS; CONT. NO. 55031 PWM15-20UTIL CONTRACTOR'S INFORMATION. AYALA ENGINEERING (name of Contrador) 959385 (Contractor's license number) A (license class, and exp. date) Exp. 3-31-15 8482 E. MEADOWRIDGE ST. (street address) ANAHEIM, CA 92808 (city/state/zip) 714.823.7179 (telephone no.) 714.912.4571 (fax no.) ricardo® Avalaengineering.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instmments referenced in it on behalf of Contractor each represent and wan^ant that they have the legal power, right and adual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR AYALA ENGINEERING, a sole proprietorship By: CITY OF CARLSBAD, a municipal corporation of the State of California (sigpillfere) (pfjfit name/title) By: (sign here) (print name/title) •nt City^onogor, Doputy City Managop Department Diredor, as authorized by th^ City Manager Jim Howell If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Seaetary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the seaetary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant REHABILITATE SEVEN SEWER Page 3 of 7 MANHOLE ASSETS; CONT. NO. 55031 City Attomey Approved 2/7/13 ACKNOWLEDGWIENT f Califpm of/j^ County of (yyu^^H'i^ On ^ ' ^ ^3 '7V before me, GLP(71/>^ ^ /O^r^ >^r P^^/g (insert name and title of the officer) personally appeared (7? / C/^c7LC^o /k^QC^ , 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. * GLORIAM. FERRIER I WITNESS my hand and official seal. | NO?A^^PL?C^2J2FS1.UK \ \ ^^^&7 ORANGE COUNTY « t ^''~*^y Comm. Expires Nov. 20,20171 Sianature y^-itU^^l^c^ 'V^^--l>^^.g^ (Seai) Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 959385 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. -* Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding Workers' Compensation 959385 Extract Date 8/27/2014 AYALA ENGINEERING Business Phone Number: (714) 823-7179^ 8482 EAST MEADOWRIDGE STREET ANAHEIM, CA 92808 Sole Ownership 03/29/2011 03/31/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with WESCO INSURANCE COMPANY. Bond Number: 04WB016962 Bond Amount: $12,500 Effective Date: 03/17/2013 Contractor's Bond History WORKERS' COMPENSATION https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/27/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 9004955 Effective Date: 02/08/2012 Expire Date: 02/08/2015 Workers' Compensation History Personnel List Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/0nlineServices/CheckLicensell/LicenseDe... 8/27/2014 PWM15-20UTIL EXHIBITA LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contrador whom the Contractor proposes to subcontrad portions of the Projed in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contrador for each subcontrad. NOTE: The Contractor understands that if it fails to spedfy a sub-contrador for any portion of the Projed to be performed under the contrad in excess of one-half of one percent of the bid, the contrador shall be deemed to have agreed to perform such portion, and that the Contrador shall not be pennitted to sublet or subconti-act that portion of the wori<, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the fads constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontrading Fair Pradices Ad (Sedion 4100 et seq. of the Califomia Public Contrad Code). If no subcontradors are to be employed on the projed, enter the word "NONE." Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: REHABILITATE SEVEN SEWER Page 4 of 7 MANHOLE ASSETS; CONT. NO. 55031 City Attomey Approved 2/7/13 PWM15-20UTIL EXHIBIT B Rehabilitation of seven (7) sewer manholes JOB QUOTATION ITEM NO. UNIT QTY DESCRiPTiON PRICE 1 1 Mobilization of all equipment Confined space entry procedure Removal of existing frame and cover to repair conaete and liner Installation of new frame & cover provided by City of Carisbad Surface preparation per Ameron recommendations Rebuild existing bench to original dimensions Application of Ameron An-owlock Lining System to bench and grade ring Welding of new liner to existing shafting Repairs to be perfonned by Ameron trained Installers Testing per manufadures recommendations to indude spark and probe Testing 2 6 Application of Sauereisen Epoxy Lining System Confined space entry procedure Surface preparation per manufadurer's recommendations Installation of false floor to prevent debris from entering collection system Removal of existing manhole steps Manholes to be resurfaced to original dimensions Manholes to be line using Sauereisen 210 Epoxy Lining System Testing per manufacturer's recommendations Traffic control as needed TOTAL* $29,400 'Includes taxes, fee's, expenses and ali other costs. REHABILITATE SEVEN SEWER Page 5 of 7 MANHOLE ASSETS; CONT. NO. 55031 City Attomey Approved 2/7/13 PREMIUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. 802419P Issued in Two Original Counterparts Premium; $257.00 PWM15.20UTIL EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of Califomia, has administratively awarded to Ayala Engineering (hereinafter designated as the "Principar), a Contrad for REHABIUTATION OF SEVEN SEWER MANHOLES IN THE SOUTHWEST QUADRANT OFTHl GITY CONTRACT NO. SS031 in the City of Carisbad, in strid confonnity with the drawings and specrfications, and other Contract Documanis now on file in the Office ofthe City Clerk ofthe City of Carisbad and all of which are iricorpof^ herein by this reference, WHEREAS, Principal has executed or is about to execute said Contrad and the tenms thereof require the furnishing of a bond, providing «iat if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the perfbmiance ofthe worit agreed to be done, or for any work or labor done ttiereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forfli. NOW, THEREFORE, WE. AYALA ENGINEERING, as Prindpal, (hereinafter designated as the "CQntractof"), and Developers Suretv and Indemnitv Company as Surety, are held firmly bound unto ttie City of Cartebad in the sum of Twenty Nine Thousand Four Hundred Dollars ($29,400), said sum being an amount equal to: One hundred percent (100%) ot the total amount payable under ttie temns of ttie Contract by ttie City of Cartsbad, and for which payment well and tmly 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 Contrador or his/her subcontradors fail to pay for any materials, provisions, provender, supplies, orteams used in, upon, for, or about ttie performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with Caiifornia Civil Code section 9100. or for amounts due under the Unemployment Insurance Code with resped to the work or labor peribrmed under this Contract, or for any amounts required to be deducted, withheld, and pakl over to the Employment I>evelopment Department from the wages of emptoyees of the contrador and subcontradors pursuant to section 13020 of the Unemployment Insurance Code with resped to the wori< and labor, that the Surety will pay for the same, and, also, in case suit is brought upon ttie bond, reasonable attomey's fees, to be fixed by the court consistent witti Califomia Civil Code section 9564. This bond shall inure to the benefit of any of the persons named in Califomia Civil Code sedion 9100, so as to give a right of adion to those persons or their assigns in any suit brought upon ttie bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Contrad, or to tt>e wort< to be peribrmed hereunder or ttie specifications accompanying the same shall affed its obligations on this bond, and it does hereby waive notice of any change, extension of Bme, alterations or addition to the temis of the contrad or to the work or to the specifications. REHABILITATE SEVEN SEWER Page 6 of 7 MANHOLE ASSETS; CONT. NO. 55031 Gity Attomey Approved 2/7/13 PWM15'20UTIL In the event ttiat Contrador is an individual, it is agreed that the death of any such Conti^dor shall not exonerate the Surety from its obligattons under this bond. Executed by CONTRACTOR tiiis 3 day Executed by SURETY ttiis 3rd of ^T^-Tci%^/^ .20_d.. of September .soil day CONTRACTOR: Ayala Engineering (riame of Contractor By (signhej liGtfns (print name here) By: (sign here) (pfiritname here) SURETY: Developers Surety and Indemnity Company (name of Surety) 3517 Camino Del Rio South, Ste 200, San Diego, C (addres (JfSuiily) 619-521-9686 (telephone number of Surety) pie and dtganizatton of signatory) (signature of Attomey-in-Fact) Shaunna R. Burchfiel (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attomey) (title and organization of stgnatory) (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 ttie seaetary or assistant secretary under corporate seal empowering ttiat officer to bind tiie c»rporation.) APPROVED AS TO FORM: CELIA A. BREWER CityAttomey^ By: Assistaht City Attorney REHABILITATE SEVEN SEWER Page 7 of 7 MANHOLE ASSETS; CONT. NO. 55031 City Attomey Approved 2/7/13 ACKNOWLEDGMENT state of Caiifomia Countv of Orange On September 3rd, 2014 before me, Suzan M. Marinez, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel. Attorney-in-Fact Who proved to me on the basis of satisfadory evidence to be the persgn(«5 whose name^0are subscribed to the within instrument and acknowledge^ me that he/|hi?/they executed the same in his/ffieiiftheir authorized capacity^), and that by hi^/h^/their signature)^ on the instrument the person^, or the entity upon behalf of which the person(s^ aded, executed the instrument. 1 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. Signature (Seal) SUZAN M. MARTINEZ Commission # 1970964 Notary Public - California | ^wy Oranfle County - ^ Mv Comm. Expires Mar 29,20161 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do eacti hereby make, constitute and appoint: ***Shaunna R. Burchfiel, George J. Burchfiel, Suzzanne D. Burchfiel, jointly or severally*** as their taie and lawful Altomey(s)-in-Fact to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfonn every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but resennng to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attomey qualifying the attomey(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Seaetary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corpwations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Seaetary or Assistant Seaetary this May 23,2013. By: Daniel Young, Senior Vice-President state of Califomia County of Orange On ice-President May 23,2013 before me,. i^i OCT. \M \%\ 19 36 /^l •""""...liTB..""'*" Gina L. Gamer, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Daniel Young and Gregg N. Okura Name(s) of Signer(s) III*"*! *»<^«AiAAriA GINA L. GARNER 0OMM.#2C@1213 f NOrmRY RJBLJC CMUFOfMA ORANCECOUNry Myo oomm. 5P» Place Notary Seal Above 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 instniment the person(s), or the entity upon behalf of which the person(s) acted, executed the instnjmenL I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and con-ect WITNESS my hand and official seal. Signature CERTIFICATE Gina L. Gamer, Notary Public The undersigned, as Seaetary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. ThisCerSficateisexecutedintheCityoflrvine, Califomia, this 3rd dayof September , 2014 . Mark J. Lansdon, Assistant Secretary lD-1380(Rev.05/13) ACKNOWLEDGMENT state of California County of {o^^..^U'V'^^^ ) On 9^ '^-/V before me, G^POll^ fi./-t^!^^^^c>r^n.tPu&0^ (insert name and title of the officer) personally appeared CR/CA^hQ AyA^4 _, 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f^j^^ GLORIAM. FERRIER I WITNESS my hand and officiai seal. | NO?A^PUBL?C^2J2S1.W f i ^^^^7 ORANGE COUNTY « I Comm. Expires Nov. 20, 20171 SignatureyUMy^^ (Seai) BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17771 COWAN SUITE 100, IRVINE, CA 92614 DATE OF NOTICE BOND NUMBER TYPE-OFBOND LICENSE* 9/5/2014 802419P CONST CLASS A CONTR ,5*'^*^^VEl> L '. ^ITYl-|FrAP,|,fiD,HD 1 Nothing herein contained shall be held to vary, waive, alter, or exj^ sQi^gofilhe terms, cjbnditions agreements, or warranties of the above mentioned bond, other than stated Belftw. CITY OF CARLSBAD 1635 FARADAY CARLSBAD CA 92008 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of Ayala Engineering 09/03/2014 understood and agreed, effective from above date, that: THE PREMIUM AMOUNT SHALL BE: $287.00 FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 05 day of September, 2014 PRODUCER ED COLLINS/AttO£Dev4n^ct Dealey Renton & Associates Ins Brokers dba Rta Ins 3 Macarthur Place Ste 440 Santa Ana CA 92707 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO } On SEPTEMBER 5, 2014 before me, A. WATT. NOTARY PUBLIC Qate Here Insert Name and Title of the Officer personally appeared TED COLLINS Name(s) of Signer(s) A. WATT Commission # 1992149 Notary Public - California San Diego County ' My Comm. Expires Oct 21, 20161 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^) whose name(^) \sld^k subscribed to the within Instrument and acknowledaed to me that helifiiftlH^ executed the same in hlsl^iltfmr authorized capacity^i/t^^), and that by h\slMlffiili signature(^) on the instrument the person(^), or the entity upon behalf of which the person(5<) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrapl^ is true and correct. Witness my hand and official seal. Signature Signature of Notary Public A. WATT OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Titie or Type of Document: Document Date: Numberof Pages:. Signer(s) OtherThan Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title (s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, A. Watt, Steven R. Bonilla, S. Smith-Bowman, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfomi every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chaimnan of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attomey qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Seaetary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or cettificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretaiy this May 23,2013. By: Daniel Young, Senior Vice-President state of Califomia County of Orange On Ice-President May 23,2013 before me,. Date personally appeared. OCT. 10 1936 :ui I Gina L. Gamer, Notarv Public Here Insert Name and Title of the Officer Daniel Young and Gregg N. Okura Name(s) of Signer(s) GINA L GARNER \ COMM. #2021213 1 NOmW PUBUC CMJfOfMA S OfMNQECQIiNnr Myoomm.1 iii»ia.aoi7| Hpppipvr Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the petson(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 instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and con-ect. WITNESS my hand and official seal. Signature Gina L. Gamer, Notary Public CERTIFICATE The undersigned, as Seaetary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. ThisCerSficateisexecutedintheCityoflrvine, Califomia, this STH dayof SEPTEMBER , 2014 . Mark J. Lansdon, Assistant Seaetary lD-1380(Rev05/13) AYALA ENGINEERING EXHIBIT D LICENSE #959385 8482 E. Meadowridge St Anaheim CA 92808 Phone (714) 823-7179 Fax (714) 912-4571 July 15, 2014 City of Carisbad Attention: Jesse Castaneda Je$se.Castanedaca.gov (760) 802-8200 Project: Manhole Rehabilitation MH41A-18 Scope: T-Lock/ArrowLock Repairs to Existing Sewer Manhole City ofCarlsbad Business License City ofCarlsbad Right of Way Perniit Mobilization of all Labor and Equipment Confined Space Entry Procedure Removal of existing frame and cover to repair concrete and liner Installation of new frame and cover provided by City ofCarlsbad Surface Preparation per Ameron Recommendations Rebuild Existing bench to original dimensions Application of Ameron Arrowlock Lining System tc bench and grade ring Welding of new liner to existing shafting Repairs to be perfonned by Ameron trained Installers Testing per Manufactures Recommendations to include Sparic and Probe Testing Exclusion: Coordination of flow control MH12A-12, MH6C-45, MH6C-86, MH7C-5, MH7C-6, MH7C-3 Scope: Application of Sauereisen Epoxy Lining System to Existing Manholes City ofCarlsbad Right of Way Permit Confined Space Entry Procedure Surface preparation per manufactures recommendations Installation of false floor to prevent debris from entering collection system Removal of existing manhole steps Manholes to be resurfeced to original dimensions Manholes to be lined using Sauereisen 210 Epoxy Lining System Testing per manufacturers recommendations TraflBc Control as needed Exclusions: Replacement of frames and covers on Epoxy Lined Manholes Total: $29,400.00 Sincerely, Ricardo Ayala AYALA ENGINEERING IT) o o p.* EXHIBIT D Q Q. 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