HomeMy WebLinkAboutPulice Construction Inc; 2017-01-18; PWS17-62GS/ tf· I ,
I
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# 2017-0303255
111111111111111111111111111111111111111111 lllll lllll lllll l!lll llll llll
Jul 05, 2017 04:26 PM
OFFICIAL RECORDS
Ernest J Dronen burg, Jr .
SAN DIEGO COUNTY RECORDER
FEES $0.00
PAGES 1
Space above this line for Recorder's use.
PARCEL NO: N/A ----------
NOTICE OF COMPLETION
Notice is hereby given that:
1. The owner of the interest or estate stated below and the property hereinafter described is Edbell, LLC
and Blash Momeny, Ph.D.
2. The full address of the undersigned is 780 Roosevelt, Suite 100, Irvine, CA 92620.
3. The nature of the title of the undersigned is: In fee.
4. A work or improvement on the property hereinafter described was completed on March 2, 2017.
5. The name of the contractor for such work or improvement is Pulice Construction, Inc.
6. 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. PWS17-62GS, Contract No.
95701, Batiquitos Drive Storm Drain Basin Emergency Repairs.
7. The street address of said property is on Batiquitos Drive in the City of Carlsbad.
CITY OF C~RL.S\AD A :----, i\0 ,._J\/\ J .....,._
-¼,t-City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1 00 Carl:~.l;n;:ic!, Village Drive, Carlsbad, California,
92008; the City Manager of said City on Vl-f' l/t:'f1..-, 20_l1, accepted the above
described work as completed and ordered tha a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ( /uh£-, / &-M, 20.11, at Carlsbad, California . ..;;
City Clerk
V'JorC\Masters\Forms\Not1ce of Completion {City) 319198
CONTRACT
PUBLIC WORKS
PWS17-62GS
BATIQUITOS DRIVE STORM DRAIN BASIN EMERGENCY REPAIRS
This agreement is made this J fith day of , 2017, by
and between the City of Carlsbad, California, a municipal corporation, ( r inafter called "City"), and
Pulice Construction, Inc., a California corporation whose principal place of business is 591 Camino
De La Reina, Suite 1250, San Diego, CA 92108 (hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
Batiquitos Drive Storm Drain Basin Emergency Repairs
CONTRACT NO. 95701
(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, Designation of Sub-
contractors, 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
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. Compensation for all work will be made on a time and materials basis pursuant to
section 3-3.2.2 Basis for Establishing Costs, of the 2015 edition of the Standard Specifications for
Public Works Construction (Greenbook). For all compensation for Contractor's performance of work
under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Gen-
eral Provisions section of the 2015 edition of the Standard Specifications for Public Works Construc-
tion (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.
PWS17-62GS
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.
PWS17-62GS
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 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 employ-
ees 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 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.
PWS17-62GS
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 (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 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
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.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac-
cordance 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 in-
cluded 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 Gov-
ernment 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.
(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.
c~ I have read and understand all provisions of Section 11 above. ____ init in it
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
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.
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
included herein, and if, through mistake or otherwise, any 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.
17. 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)
CONTRACTOR: municipal corporation of
'Pv ~ C.€ C. o v-l 7-t~v t.--c '-O.J l ,.J t.. •
(name of Contractor)
By: _C_G_----:--:--~~~ --:-"""---------
(sign here)
C~R\'~ ~O~E..~~ I PI2...E";:1 ~PE:'N(
(print name i.fnd title)
By: ~c¥ (~" f (sign here)
:r a J c r f.J. /\ ,a-ce.?-I.> c'" "'("'"'"'Y
(print name and title)
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 Attorne~ r:-_~-
By: ~.,~
Deputy City Attorney
NOTARY ACKNOWLEDGEMENT
State of ~~tV
County of JtV\CL¥1 'ury1Cl
·n)
On this ~J / day of ~t;(Cv~ , 20 1..1__, before me personally appeared
CJvJ.j) QAJ q US , whose identity is known to me, and I acknowledge
that he signed the attached document.
~L~~JA-
Notary Public Signature
Seal
ACKNOWLEDGEMENT BY PULICE CONSTRUCTION, INC.
STATE OF NEW YORK )
) s.s.:
COUNTY OF NEW YORK)
On the '1_-hflay of January, 2017, before me came Joseph G. Portela, to me known, who
resides at 810 Seventh Avenue, Ninth Floor, New York, New York 10019, United States of
America; that he is the Secretary of Pulice Construction Inc., the corporation described in and
which executed the foregoing instrument; that he knows the seal of the corporation; that the seal
was affixed to the foregoing instrument by order of the corporation's Board of Directors; and
that he signed his name to th~ ~oing by reason of the same order.
t:r' _.-///~/ ~~ e------, ~~ / ' ~....-
z NOTARY PUBLIC
t~
Mark Peve'lo
Notary Pubi:c .. ~r;1te of New York
~~0. 02':i['.cc;.:f~ 571
Oua!if:ed in i: ''-' York COtmty
Cornrn1ss1on ExiJ': es i\/1ay 8, 2ota
EXHIBIT"A"
Batiquitos Drive Storm Drain Basin Emergency Repairs
Description of Work:
Contractor shall provide all labor, equipment, and materials necessary to repair the failed storm
drain basin on the west side of Batiquitos Drive approximately .25 miles south of Poinsettia Lane.
All work shall be in accordance with the City of Carlsbad Engineering Standards and the latest
edition of the Standard Specifications for Public Works Construction (Greenbook).
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.
The anticipated work is generally described as follows:
PHASE 1:
Clear and grub dead trees, materials, and debris within the limits of the concrete spillway and
portions of the basin between the concrete spillway and the corrugated metal pipe (CMP) riser.
Remove and stockpile approximately four feet of sediment and debris from the basin adjacent to the
CMP riser. Material shall be removed in a circular fashion around the CMP riser for a distance of
approximately 10 feet, creating a circular depression immediately adjacent to the riser.
Shore up the eroded area on the north side of the concrete apron where runoff is undermining the
concrete spillway. Shoring shall consist of a sandbag check dam, plastic sheeting, compacted soils,
or other means to prevent runoff from leaving the basin other than through the CMP riser or over the
concrete spillway.
PHASE 2:
Remove temporary shoring of eroded area on north side of the concrete apron and portions of the
concrete spillway necessary to restore the basin fill slope to its pre-existing condition as shown on
city drawing number DWG 227-2.
Import, place and compact soil materials as required to establish grades as shown on DWG 227-2.
Replace the concrete spillway , sidewalk, curb and gutter, and other damaged improvements as
required to restore the site to it's pre-existing condition as shown on city drawing number DWG 227-
2.
Compensation: Compensation shall be made on a time and materials basis pursuant to Section 4,
Payment of the contract. The cost of all work to be completed under this contract shall not exceed
sixty thousand dollars ($60,000).
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
BATIQUITOS DRIVE STORM DRAIN BASIN EMERGENCY REPAIRS
CONTRACT NO. 95701
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
DIR Subcontractor's Amount of
Portion of Subcontractor Name and Registration License No. and Work by
Work Location of Business Subcontractor No. Classification* in Dollars*
......... -:::'
r-------~ -~--~----/ v
/
1:\.\~ ""/
.t.. \ (;) ~ / /
\"'~/
/
/
/
/
/
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Page __ of __ pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(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."
FAITHFUL PERFORMANCE/WARRANTY BOND
Bond Number: 015052042
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No.Contract#9570l, adopted ContractdateJanuary5,2017 , has awarded to
__._P"""ul'""ic"""e'-'C~o"'"'nC!..\s'-"tr.._.u...,c""ti""o=-'n_,_I"""n'""c"-. --::-:----=-----=----------------' (hereinafter
designated as the "Principal"), a Contract for:
Batiquitos Drive Storm Drain Basin Emergency Repairs
CONTRACT NO. 95701
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, Pulice Construction Inc. , as Principal,
(hereinafter designated as the "Contractor"), and
Liberty Mutual Insurance Company
, as Surety, are held and firmly bound unto the City of Carlsbad, -in_t_h_e_s_u_m_o_f"""""'S"'i-x.,--ty-.T.,..,l'1o_u_s_a-n'd-a-n'd""""'o=o; 100-----------------------------------------------------.. ____ --·· ____ ...
·--··---------------------------------------------------------------------Dollars ($60,000.00 ),
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 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.
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!h__ __
day of January , 20u__.
CONTRACTOR:
Pulice Construclion, Inc
(name of Contractor)
By:_~D.: » >
(sign here) "
t ~C2..\~ ~&E.f'.S
Executed by SURETY this _.,_,5t.._.h~-day
of January '20lL_.
SURETY:
Liberty Mutual Insurance Company
(name of Surety)
175 Berkeley Street
Boston, MA 02116
(address of Surety)
339 832 5255
(print name here) (telephone number of Surety)
Vll~-7 \Oe_t-l'( V\JL-ltt Co..>~"(~Jl:1\oJ By: ---;..,'n=, '......,.-__,'/l_l..._,_, """-'-"-+-"'~_t _____________ ..
(title and organization of signatory) \t..lt...
By~{,~
-,-,.., --__ Jl __ IJ_L['( ~' I CJ "-I ~ <. ...4-
(print name here)
-_.[_("__~ .... r I, "' 7 / ? .... l z ~ .r '-fJ ..s / ; ...... L.r..l, .~.h.
(title and organization of signatory)
Ieaniorreia, Attorney-in-Fact
(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
By: tk<':£#~
DeputyClty Attorney
LABOR AND MATERIALS BOND
Bond Number: 015052042
WHEREAS, the City Council of the City of Carlsbad, State
Contract No. 95701 , adopted Contract date Ianuary 5, 2017
Pulice Construction, Inc
(hereinafter designated as the "Principal"), a Contract for:
of California, by Resolution No.
, has awarded to
Batiquitos Drive Storm Drain Basin Emergency Repairs
CONTRACT NO. 95701
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, _,P,_,u:o:.l.:c.:ic:co:.e....::C~o'-.!.n'-""s.!..!tr-=u""'-ci~·to"'"'n:..:.L..OI.!..!n.!:Cc.'----------------
as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual Insurance Company
as Surety, are held firmly bound unto the City of
Carlsbad in the sum of
Sixty Thousand and 00/100 -----------------------------------------------------------------------------
-----------------------------------------------------------------------Dollars ($60,000.00 _),
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 Insurance Code with respect to the work or labor performed under this Contract, or
for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will
pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be
fixed by the court consistent with California Civil Code section 9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
9100, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed hereunder or the specifications accompanying the same
shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this ----""'5t=h __
day of I an uary , 2017 .
CONTRACTOR:
Pulice Construction, Inc.
(name of Contractor)
By: _c_a __ ~-~~--=;l..._....--.-
(sign here)
~~ p.oc,~~
(print name here)
Executed by SURETY this _5_th ____ day of
~Ia_n_u_ar~y ____________________ ,20_LL_
SURETY:
Liberty Mutual Insurance Company
(name of Surety)
175 Berkeley Street
Boston, MA 02116
(address of Surety)
339 832 5255
(telephone number of Surety)
/1 J j\ v~~vP~ VVL.\.G~ co~~e--t \,o...; By: _ _____..t..L-;ft0:l'--' '~~~L"'-"':fl~'f«'-""~'--f\.""----
(sign9¢re of Attorney-in-Fact)
(Title and Organization of Signatory) lv.Jt . I
By-) A(~ ~ignhere)
(print name here)
Lc<-if.J r ~ /t" <-:J:.. ...... ~ c IJ..J • .u'-IJ,J,;u ...
(Title and Organization of signatory)
Jean Correia, Attorney-in-Fact
(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
By:
Deputy City Attorney
/CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
For Surety
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 Massachusetts
County of Suffolk
On January 5, 2017 before me, Jane Gilson , Notary Public, personally appeared
J can Correia 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 ofthe
State of California that the foregoing paragraph is true and correct.
A JANE GILSON _,_
. :;:-\ ·•. Notary Public
.. \ ·,;:· / Cc·n: ·nnrr.-.r:x;!th of Massachusetts ~'1 My Commission Expires
May 9, 2019
!cALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
for Principal
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
County of
=-==..z___.=::.;>-=_:_:__ before me, Ama.ndlL f.ediY\mc\ Notary Public, personally appeared
--\...JI..l.-l--'--"..1-__...L~~,_,_"----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 ~ertify unJer PENALTY OF PERJURY unJer lhe laws oflhe
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
/CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
for Principal
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.
Stateof ,JtvJ Y.,-c..f.-
County of ,J .( vi ~ v" k_
/u On J anuaryJ, 2017 before me, -"" 1 A-C ~~>J (' Jl 0 Notary Public, personally appeared
';Ju/: I'JI 'fuf-T('(~ 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 ~mia that the foregoing paragraph is true and correct. ..., ..,. """
WITNESS my hand and official seal.
~Libertv \f' tv\utual
SURETY
Assets
Cash and Bank Deposits ............................... ..
*Bnnlb U.S Government .............................. .
*Other Bonds .......................................................... .
*Stocks ................................................................... .
Real Estate ............................................................. .
Agents' Balances or Uncollected Premiums .......... .
Accrued Interest and Rents .................................... .
Other Admitted Assets ........................................... .
LIBERTY MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT-DECEMBER 31,2015
$753.038_641
1,547,613.446
1 J.ml8,162.545
9,919,835,033
295.926.24 7
4.487,50 I ,643
120,872.424
14. I 30.266.527
Liabilities
Unearned Premiums ............................................... $6.580.520.311
Reserve for Claims and Claims Expense ................. 16,917,138,6 77
Funds Held U ndcr Reinsurance Treaties................. 21 0. 794.503
Reserve for Dividends to Policyholders.................. 358,033
Additional Statutory Reserve ................................. . 29.659.093
Reserve for Commissions, Taxes and
Other Liabilities ............................................... 2.7119.4711.27{1
Total ................................................................. $26,527,948,893
Special Surplus Funds ................. $67,890,944
Capital Stock............................... I 0,000,000
Paid in Surplus ........................... 8.829.183.823
Unassigned Surplus ..................... 6,908,192,846
Total Admitted Assets ..................................... $42 343 2 I 6 506 Surplus to Policyholders ............................... 15,815,267,613
Total Liabilities and Surplus ................................ $42,343,21Q,~.06
* Bonds arc stated at amortized or investment value; Stocks at Association Market Values.
The foregoing tinancial information is taken trom Liberty Mutual Insurance Company"s tinancial
statement tiled with the state of Massachusetts Department of Insurance.
I. Tl\1 VIIKOLA.IEWSKI. Assistant Secretary of Liberty Mutual Insurance Company. do hereby certify that the foregoing is a true. and
co1Tcct stali.:ment ol' the Assets and Liabilities of said Corporation. as of December 31, 2015. to the best ol' my knowledge and bclicr
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Corporation at Seattle. Washington. this 15th da: or
March. 20 16.
Assistant Secretary
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
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.
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No. 7425297
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations 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, Brian Driscoll; Bryan Huft; Gregory J. Steele; Jane Gilson; Jean Correia; Jeffrey Hendricks; Kevin A. White; Maria Chaves; Mark P.
Herendeen; Theresan E. Rowedder
all of the city of Boston , state of MA 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 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 19th day of July , ~.
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
On this~ day of July , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute 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 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA ~d---.. ~
Notarial Seal (/ / '
Teresa Pastella, Notary Public By: ..C:::-_:___,=-'--:-:-:--:-'-":-=--=---:-c:--=-------Piymouth Twp., Montgomery County Teresa Pastella, Notary Public My Commission Expires March 28, 2017
Member, Pennsylvama Assoctatton of Notanes
ARTICLE IV-OFFICERS-Section 12. Power of Attorney. 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 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 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 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 power or authority.
ARTICLE XIII-Execution of Contracts-SECTION 5. Surety Bonds and Undertakings. 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 attorneys-in-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-in-
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.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, 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 have hereunto set my hand and affixed the seals of said Companies this , '7'i-fr.. day of__._.(l"'-!"14-;=-f~""·~'-'· "'··=·._..1'-1;'--1 -------, 20 I 7
I I ~y:~~
Gregory W. Davenport, Assistant Secretary
214 of 300
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