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Pulice Construction Inc; 2015-07-09; PWS13-40UTIL
Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 016 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 16 PROJECT: PWS13-40UTIL, Agua Hedionda Sewer Lift Station, Vista/Carlsbad Interceptor Sewer Reaches VC11 B-VC-15, and Recycled Water Line Project CONTRACT NO. 338861, 34921, 39491, 60011, 50271 P.O. NO. P130569 & P130570 ACCOUNT NO. /388619066, /349219066, /394919066, /600119066, /502719066 CONTRACTOR: Pulice Construction ADDRESS: 2033 West Mountain View Road Phoenix, AZ 85021 The Contractor is directed to make the following changes for the reasons set forth in the Contract Change Order Transmittal, above, and described below. Changes and directives shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Item 2: Pursuant to Section 3-2.1 of the General Provisions, the City deletes from the Contract all remaining Contract Work, which generally includes demolition of the existing (old) lift station, third-party utility removals, grading, storm drain installation, curb/gutter flatwork, base and final paving, landscaping, and site lighting. The Contract price is adjusted as a deductive Change Order. Contractor, and Surety, remain bound by all other contractual obligations. A copy of the most current Progress Pay Estimate #39, dated June 12, 2019 is attached for reference. Decrease to contract cost. ........................................................... ($834,888.18) Due to the failing condition of the existing (old) lift station and to protect public health and safety, the City has determined it is necessary for the City to use the force main pumps as a completed facility or appurtenance under Section 6-10 of the General Provisions. (See, City letter 168). Until the old pump station regains acceptable operations, the City may also require use of the lift pumps and related appurtenances on a temporary and interim basis to ensure adequate operational redundancy and sewer flow capacity. Use of the force main pumps under Section 6- 10 of the General Provisions and, as may be necessary, the lift pumps and related appurtenances on a temporary and interim basis does not constitute completion of Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 016 Item 3: Item 4: Item 5: the lift pumps nor acceptance of the Work under Section 6-8 of the General Provisions. No Co~ Item ................................................................................................. ($0) Pursuant to Section 3-2.1 of the General Provisions, and in order for the City to effectively utilize the force main pump facilities and related appurtenances, the Contractor is notified that the City will utilize the entire Project site and the Contractor is relieved of further obligations to perform any remaining Contract work and is to demobilize from the site. This action relieves the Contractor of responsibility for damage to those portions of the improvement used by the City, which result from use by public traffic or from action of the elements or from any cause, except Contractor operations or negligence. Contractor is not relieved from full responsibility for correcting defective work or materials, including, but not limited to, those related to the lift pumps and related appurtenances. Such corrective work is expressly excluded from the remaining Contract Work described in Item 1, above, No Cost Item .................................................................................................. ($0) With reference to City letters 134, 140, 144 and 165, and related communications, the Contractor is again directed to correct all outstanding deficiencies in the Work, including and not limited to, those related to the lift pumps (and any related systems), and to resolve the capacity drift. Within thirty (30) calendar days of this Change Order, Contractor must submit a remediation plan and schedule for City review pursuant to Section 2-5.3 of the General Provisions. If Contractor requires entry to the pump station to develop the remediation plan and schedule, the City will provide reasonable access during working hours. Contractor shall provide notice to City no less than 48 hours before the requested event, and such notice shall include a description of the work to be performed, forces on site, estimated duration, and whether any operational shut downs is contemplated. Contractor may request in writing an extension to the 30-day deadline to submit a remediation plan and schedule; the City will not unreasonably deny a request for extension. No Cost Item ................................................................................................. ($0) Contractor is required to provide City with current as-built drawings and all other close-out deliverables for its work already performed within 15 days of delivery of this Change Order. No Co~ Item ................................................................................................. ($0) Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 016 TOTAL DECREASE TO CONTRACT COST ............................................. $(834,888.18) TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: lo/.i3 Ii (DATE) APPROVED BY: ---- (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR ITY OF CARLSBAD -ENGINEERING DEPARTMENT PROGRESS PAY ESTIMATE NO. 39, JUNE, 2019, PROJECT NOS. 38861/34921/39491/60011/50271 AGUA HEDIONDA SEWER LIFT STATION, VC INTERCEPTOR SEWER REACHES VC11B- VC15, AND RECYCLED WATER LINE PROJECT: Aaua Hedionda Swr Lift Sta, V/C Int Swr VC11 B-VC-15 PROJECT No: PWS13-40UTIL PURCHASE ORDER No. P130569 ACCOUNT Nos. 38861, 34921, 39491, 60011, 50271 CONTRACTOR: Pulice Construction, Inc. ADDRESS: 2033 West Mountain View Road Phoenix, AZ 85021 PHONE: 602-944-2241 FAX: () PROJ INSPECTOR: MJS CONSTRUCTION MGR: INSURANCE EXPIRATION DATE: Bid Quantity Unit Item Item Description Authorized Unit Price Schedule A 1 Gravity sewer installation 1.00 LS $ 1,628,500.00 2 Lagoon bridge const & trestle dem, 1.00 LS $ 2,433,800.00 3 Sheeting, shoring & bracing 1.00 LS $ 4,700.00 4 Protection & reloc of YMCA facilitiE 1.00 LS $ 35,000.00 Subtotal Sched A: Schedule B 1 Lift station improvements 1.00 LS $ 15,507,000.00 2 Sewer force main installation 1.00 LS $ 3,427,100.00 3 Sewer Fforcemain high point 1.00 LS $ 41,800.00 4 Sheeing, shoring & bracing 1.00 LS $ 8,100.00 Subtotal Sched B: Schedule C Open cut gravity sewer 1.00 LS $ 2,888,300.00 2 Microtunneled gravity sewer 1.00 LS $ 7,537,700.00 3 Steel water pipeline 1.00 LS $ 114,900.00 4 Jacking pits 1.00 LS $ 1,062,500.00 5 Receiving piets 1.00 LS $ 1,025,200.00 6 Additive bid item: tunneling stand-t 1.00 LS $ 46,100.00 7 Sheeting & shoring 1.00 LS $ 257,000.00 8 2" AC grind & overlay 1.00 LS $ 417,100.00 9 Pavement striping and markings 1.00 LS $ 43,000.00 10 T raffle control 1.00 LS $ 410,000.00 11 Additive bid item: obstr rem shaft 1.00 LS $ 50,000.00 Subtotal Sched C: ORIGINAL CONTRACT AMOUNT($): VALUE OF CHANGE ORDERS($): VALUE OF CHANGE ORDERS(% CONTRACT): VALUE OF WORK COMPLETED(%): REVISED CONTRACT AMOUNT($): ORIGINAL WORKING DAYS: WEATHER DAYS THIS PERIOD (non working days): PREVIOUS WEATHER DAYS: TIME EXTENSIONS (CC0#11, 130 days/ CCO#12, 15 days/ CC0#13, 10 days/ CCO#14, 15 days): REVISED WORKING DAYS: TIME ELAPSED (WORKING DAYS): DAYS REMAINING: TIME ELAPSED (CALENDAR DAYS) AFTER REVISED COMPLETION DATE: ORIGINAL START DATE: ORIGINAL COMPLETION DATE: REVISED COMPLETION DATE: ACTUAL COMPLETION DATE: NOTICE OF COMPLETION RECORDATION DATE PROGRESS THIS MONTH Authorized Amount Units $ 1,628,500.00 ~ I $ 2,433,800.00 $ $ 4,700.00 $ $ 35,000.00 $ J$ 4,102,000.00 I J$ $15,507,000.00 0.0002454556 $ $ 3,427,100.00 $ $ 41,800.00 $ $ 8,100.00 $ I $18,984,ooo.oo I J$ $ 2,888,300.00 $ $ 7,537,700.00 $ $ 114,900.00 $ $ 1,062,500.00 $ $ 1,025,200.00 $ $ 46,100.00 $ $ 257,000.00 $ $ 417,100.00 $ $ 43,000.00 $ $ 410,000.00 $ $ 50,000.00 $ I $13,851,800.00 I J$ Amount 3,806.28 3,806.28 I PROGRESS TO DATE Previous Units 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.9628293994 1.0000000000 0.9999999000 1.0000000100 1. 0000000000 1.0000000000 1.0000000000 1.0000000011 1.0000000000 - 1.0000000000 1.0000000000 1.0000000000 1.0000000000 - Cumulative Units 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.9630748550 1.0000000000 0.9999999000 1.0000000100 1.0000000000 1.0000000000 1. 0000000000 1.0000000011 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 $ $ $ $ $ $ $ J$ $ $ $ $ J$ $ $ $ $ $ $ $ $ $ $ $ J$ 44,195,300.00 2,064,160.62 4.67% 98.19% 46,259,460.62 460 2 69 170 697 763 -133 3-Aug-15 5-Jun-17 18-May-18 Cumulative Amount 1,628,500.00 2,433,800.00 4,700.00 35,000.00 4,102,000.00 I 14,934,401.78 3,427,100.00 41,800.00 8,100.00 18,411,401.11 I 2,888,300.00 7,537,700.00 114,900.00 1,062,500.00 1,025,200.00 257,000.00 417,100.00 43,000.00 410,000.00 13,755,100.00 I ~ITV OF CARLSBAD -ENGINEERING DEPARTMENT PROGRESS PAY ESTIMATE NO. 39, JUNE, 2019, PROJECT NOS. 38861/34921/39491/60011/50271 AGUA HEDIONDA SEWER LIFT STATION, VC INTERCEPTOR SEWER REACHES VC11B- VC15, AND RECYCLED WATER LINE I B'd I lt~m Item Description I Quantity I I Authorized Unit Schedule D 1 Const rec wtr pipeline N/o sta 73+ 76 1.00 LS 2 Const rec wtr pipeline S/o sta 73+76 1.00 LS 3 Sheeting, shoring & bracing 1.00 LS Subtotal Sched D: Schedule E 1 Mobilization & bonds 1.00 LS 2 Project closeout & demobilization 1.00 LS 3 CPM schedule development 1.00 LS 4 CPM schedule updates 1.00 LS 5 Class ''A" field offices 2.00 EA 6 Right of entry permits & insurance 1.00 LS 7 SWPPP certificaiotn & BMP estab 1.00 LS 8 SWPPP monthly BMP maint 1.00 LS 9 Additive bid item treat groundwater 4.00 WKS 10 Allowance for site security at NRG 1.00 LS Subtotal Sched E: TOTAL (Schedules A-E): CCO#1 1 Disposal fees for concrete debris 1.00 LS 2 Demo, rem & disp concrete slab 1.00 LS 3 App fees / volntry assistance progr 1.00 LS 4 Soil sampling & testing services 1.00 LS 5 RWQCBNOI 1.00 LS 6 Mobilize drilling subcontractor 1.00 LS 7 Install erosion & sediment control 1.00 LS CCO#2 1 License agrnt with YMCA 1.00 LS 2 Revise design plan/HOD swr force 3 Trench spoils at swr lift station 1.00 LS CCO#3 1 Additional soil testing 1.00 LS 2 Install 2 rec water fire hydrants 1.00 LS 3 Rem ex aerial warning pole 1.00 LS 4 Rem buried & abandoned shoring 1.00 LS 5 Install chain link fence 1.00 LS 6 Hand holes for welded joints repair 1.00 LS 7 Relocate ex 3" ACP water line 1.00 LS 8 Revise plan, profile & materials 1.00 LS 9 R&R 900 CY of existing subgrade 1.00 LS 10 Revise Note 2 of Schad A sheet B· 1.00 LS $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Unit Price 701,800.00 3,118,400.00 36,000.00 2,000,000.00 40,000.00 20,500.00 110,000.00 217,000.00 60,000.00 120,000.00 480,000.00 4,200.00 120,000.00 15,000.00 10,000.00 4,373.00 11,836.00 4,312.00 14,000.00 10,000.00 14,793.60 10,000.00 1,710.00 30,000.00 2,670.40 2,126.25 7,410.88 1,393.23 12,500.00 (16,587.00) 12,000.00 (15,000.00) I $ $ $ J$ $ $ $ $ $ $ $ $ $ $ I$ Authorized Amount 3,118,400.00 : 701.800.00 I 36,000.00 3,8s6,200.oo I 2,000,000.00 40,000.00 20,500.00 110,000.00 434,000.00 60,000.00 120,000.00 480,000.00 16,800.00 120,000.00 3,401,300.00 I I $44,19s,3oo.oo I $ 15,000.00 $ 10,000.00 $ 4,373.00 $ 11,836.00 $ 4,312.00 $ 14,000.00 $ 10,000.00 $ 14.793~60 I $ $ 10,000.00 $ 1,710.00 $ 30,000.00 $ 2,670.40 $ 2,126.25 $ 7,410.88 $ 1,393.23 $ 12,500.00 $ (16,587.00) $ 12,000.00 $ (15,000.00) PROGRESS THIS MONTH Units I Amount I: J$ $ $ $ $ $ $ $ $ $ $ I$ I$ 3,806.28 I $ $ $ $ $ $ $ I: $ $ $ $ $ $ $ $ $ $ PROGRESS TO DATE Previous Units 1.0000000000 1.0000000000 1.0000000000 1.0000000000 - 1.0000000000 1.0000000000 2.0000000000 1.0000000000 1.0000000000 1.0000000000 - 0.3680469600 0.9999999997 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000003300 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 I Cumulative Units 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 2.0000000000 1.0000000000 1.0000000000 1.0000000000 0.3680469600 0.9999999997 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1. 0000000000 1.0000000000 1.0000000000 1.0000003300 1.0000000000 1. 0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1. 0000000000 I $ $ $ J$ $ $ $ $ $ $ $ $ $ $ I$ I$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Cumulative Amount 701,800.00 3,118,400.00 36,000.00 3,856,200.00 I 2,000,000.00 20,500.00 110,000.00 434,000.00 60,000.00 120,000.00 480,000.00 44,165.64 3,268,665.64 I 43,393,967.41 I 15,000.00 10,000.00 4,373.00 11,836.00 4,312.00 14,000.00 10,000.00 14,793.60 10,000.00 1,710.00 30,000.01 2,670.40 2,126.25 7,410.88 1,393.23 12,500.00 (16,587.00) 12,000.00 (15,000.00) ~;ITY OF CARLSBAD -ENGINEERING DEPARTMENT PROGRESS PAY ESTIMATE NO. 39, JUNE, 2019, PROJECT NOS. 38861/34921/39491/60011/50271 AGUA HEDIONDA SEWER LIFT STATION, VC INTERCEPTOR SEWER REACHES VC11B- VC15, AND RECYCLED WATER LINE I B"d I lt~m 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 2 3 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 Item Description I Quantity I I Authorized Unit CCO#4 Temporary sewer bypass system Monitor, maintan, fuel temp pump CCO#5 Furn C-900/905 PVC pipe v.dSBR { Balance of CCO#1, item 1 Balance of CCO#1, item 2 Balance of CCO#1, item 6 Balance of CCO#1, item 7 Balance of CCO#2, item 3 Excavate unsuitable native subgra, Over-ex 36" below retaining wall Rev bridge abutment pile cap detai Soldata settlement monintoriny sr- Revise 18" rec waterline plan Over-ex 24" below retaining wall Balance of CCO#3, item 7 Add'I exp excavation Balance of CCO#3, item 9 CCO#6 Inst block-outs/ sewer lift pump piI Remove 18LF of ACP Locate unforseen utilities CCO#7 NCTD Mitigation site Interfering sewer & SD imp 6" waterline & dry utility conflict Temp wtr service to ex sewer lift st Delete waterstop at swr lift station Humidification system YMCA license agreements ext Replace damaged SD Extend NCTD SD CCO#8 Delete sump pumps Revise painting & coatings sched Swr lift sta access & security syste Recycled water fire hydrants Swr force main HPP & VR valve Rev plan & prof/ MH#4 swr lateral 54" conn to ex swwr / sta 1+00 Fab lift pump sue spools v.dvanes 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ 1.00 LS $ Unit Price I 110,301.03 $ 20,000.00 $ (19,433.52) $ (6,265.86) $ (2,687.78) $ 560.00 $ (1,621.73) $ 5,796.08 $ 7,840.73 $ 2,986.33 $ (20,000.00) $ (15,000.00) $ 10,000.00 $ 19,526.26 $ 3,623.52 $ 6,500.00 $ 3,013.35 $ 25,000.00 $ 30,432.00 $ 25,000.00 $ 2,455.30 $ 20,000.00 $ 3,500.00 $ 2,822.56 $ (6,000.00) $ 46,091.80 $ 4,761.00 $ 28,816.94 $ 1,000.00 $ (32,769.34) $ (63,427.00) $ 139,273.47 $ (2,790.70) $ 18,683.33 $ $ 9,000.00 $ 12,872.74 $ Authorized Amount PROGRESS THIS MONTH Units l 110,301.03 ~-----'I $$ 20,000.00 '-· -----'· (19,433.52)1----------l $ (6,265.86) $ (2,687.78) $ 560.00 $ (1,621.73) $ 5,796.08 $ 7,840.73 $ 2,986.33 $ (20,000.00) $ (15,000.00) $ 10,000.00 $ 19,526.26 $ 3,623.52 $ 6,500.00 $ 3,013.35 $ ~~:~~~:~~ ~-----<I :$ 25,000.00 '-· -----'· 2,455.30 1-------1 $ 20,000.00 $ 3,500.00 $ 2,822.56 $ (6,000.00) $ 46,091.80 $ 4,761.00 $ 28,816.94 $ 1,000.00 $ Amount (32,769.34) (63,427.00) 139,273.47 1.0000000000 $ (32,769.34) (2,790.70) 18,683.33 9,000.00 12,872.74 1.0000000000 $ (63,427.00) $ $ $ $ $ $ I I PROGRESS TO DATE Previous Units 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.8500000000 1.0000000000 1.0000000000 0.9999999840 1.0000000000 1.0001200000 1.0000000000 0.8500000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.9860000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 -- 0.9899999240 1.0000000000 1.0000000000 - 1.0000000000 1.0000000000 I Cumulative Units 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1. 0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.8500000000 1.0000000000 1.0000000000 0.9999999840 1.0000000000 1.0001200000 1.0000000000 0.8500000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.9860000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.9899999240 1.0000000000 1.0000000000 1.0000000000 1.0000000000 I $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Cumulative Amount 110,301.03 20,000.00 (19,433.52) (6,265.86) (2,687.78) 560.00 (1,621.73) 5,796.08 7,840.73 2,986.33 (20,000.00) (15,000.00) 8,500.00 19,526.26 3,623.52 6,500.00 3,013.35 25,003.00 30,432.00 21,250.00 2,455.30 20,000.00 3,500.00 2,822.56 (5,916.00) 46,091.80 4,761.00 28,816.94 1,000.00 (32,769.34) (63,427.00) 137,880.72 (2,790.70) 18,683.33 9,000.00 12,872.74 ~ITY OF CARLSBAD • ENGINEERING DEPARTMENT PROGRESS PAY ESTIMATE NO. 39, JUNE, 2019, PROJECT NOS. 38861/34921/39491/60011/50271 AGUA HEDIONDA SEWER LIFT STATION, VC INTERCEPTOR SEWER REACHES VC11 B- VC15, AND RECYCLED WATER LINE Bid Quantity Unit Item Item Descri ion Authorized Unit Price CCO#9 1 Rep ex YMCA aquatic center traile 1.00 LS $ 30,000.00 2 YMCA aquatic center site impacts 1.00 LS $ 20,000.00 3 HOPE wall flange 1.00 LS $ 10,192.49 4 Avenida Encinas pothole repair 1.00 LS $ 7,078.69 5 Repair ex 10"waterline & valve clu 1.00 LS $ 7,500.00 CCO#10 1 Sewer MH #L 1 utility conflict 1.00 LS $ (8,085.42) 2 6" waterline & dry util conflict 1.00 LS $ 702.48 3 54" connection to ex RCP sewer 1.00 LS $ (250.74) 4 YMCA aquatic tac, ex site impacts 1.00 LS $ 6,541.48 5 Bridge Sched A potable wtr pipelin, 1.00 LS $ 12,458.95 6 Temp SD@ NCTD swale 1.00 LS $ 248.30 7 Swr Force Main highpoint, int MH Ii 1.00 LS $ 4,816.19 8 Grinder roof stem sleeves 1.00 LS $ 6,864.00 9 Swr lift sta, roof top AC unit coatin~ 1.00 LS $ 1,250.00 10 Swr lift sta, revise logic controller 1.00 LS $ 32,874.84 11 Rem mat at microtunnel shaft #9 1.00 LS $ 7,000.00 12 Revise 18" rec waterline material 1.00 LS $ (1,885.33) 13 Revise 18" rec waterline profile 1.00 LS $ 25,000.00 CCO#11 Full & final settlement for all claims 1.00 LS $ 850,000.00 CCO#12 1 Repair ex 54" RCP 1.00 LS $ 3,959.40 2 Revised drop sewer lateral detail 1.00 LS $ 3,615.92 3 Utility bridge gate modification 1.00 LS $ 2,222.00 4 Wtr conflict w/54" sewer (sta1+03) 1.00 LS $ (4,370.89) 5 NRG potable water svc & rec wate1 1.00 LS $ 65,869.06 6 Vacuum eductor revisions 1.00 LS $ 50,000.00 7 Sewer lift sta biofilter coating 1.00 LS $ 44,019.34 8 Sun shield revision 1.00 LS $ 1,041.01 9 Additional panel capacity 1.00 LS $ 1,490.96 10 Sewer lift sta 55 roof hatches 1.00 LS $ 11 Rem unsuitable material 1.00 LS $ (3,305.67) 12 12" recycled waterline plan rev 1.00 LS $ (531.36) 13 Rev 18" recycled connection & pro 1.00 LS $ 30,000.00 CC0#13 1 Relocate swr lift station/NRG fence 1.00 LS $ 8,685.73 2 AE overlay; pavement remediation 1.00 LS $ 40,000.00 3 Unforseen utilities & cone structure 1.00 LS $ 20,000.00 4 6" sewer bypass, MT statoin 1.00 LS $ 5 54" sewer; 8" collector 1.00 LS $ 95,000.00 6 Recycled waterline, tracer wire 1.00 LS $ 7,259.67 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ PROGRESS THIS MONTH Authorized Amount Units 30,000.00 § I 20,000.00 $ 10,192.49 $ 7,078.69 $ 7,500.00 $ (8,085.42) 702.48 (250.74) 6,541.48 12,458.95 248.30 4,816.19 6,864.00 1,250.00 32,874.84 7,000.00 (1,885.33) 25,000.00 850,000.00 3,959.40 3,615.92 2,222.00 (4,370.89) 65,869.06 50,000.00 44,019.34 1,041.01 1,490.96 (3,305.67) (531.36) 30,000.00 $ $ $ $ $ $ 1.0000000000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ,.~,,,~, 40,000.00 $ 20,000.00 $ -$ 95,000.00 $ 7,259.67 $ Amount 4,816.19 PROGRESS TO DATE Previous Units 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 - 1.0000000000 1.0000000000 1.0000000000 0.9999999700 1.0000000000 - 1.0000000000 I 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.9999998392 1.0000000000 1.0000000000 1.0000000000 1.0000000000 - 1.0000000000 1.0000000000 1. 0000000000 1.0000000000 1.0000000000 1.0000000000 - 0.9999999900 1.0000000000 Cumulative Units 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Cumulative Amount 30,000.00 20,000.00 10,192.49 7,078.69 7,500.00 (8,085.42) 702.48 (250.74) 6,541.48 12,458.95 248.30 4,816.19 6,864.00 1,250.00 32,874.84 7,000.00 (1,885.33) 850,000.00 3,959.40 3,615.92 2,222.00 (4,370.89) 65,869.05 50,000.00 44,019.34 1,041.01 1,490.96 (3,305.67) (531.36) 30,000.00 8,685.73 40,000.00 20,000.00 95,000.00 7,259.67 CITY OF CARLSBAD -ENGINEERING DEPARTMENT 0 PROGRESS PAY ESTIMATE NO. 39, JUNE, 2019, PROJECT NOS. 38861/34921/39491/60011/50271 AGUA HEDIONDA SEWER LIFT STATION, VC INTERCEPTOR SEWER REACHES VC11B- VC15, AND RECYCLED WATER LINE Bid Item 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Item Descri on CCO#14 Revise conductor wire Balance & close CCO#6 item #1 Balance & close CCO#12 item #6 Rev SIM" LS communication panel Balance & close CCO#13 item #3 Delete work for SIM" MH L3 Revise 42" sewer pipeline & MH at Balance & close CCO#13 item #5 Remedial AC pavement repair Revise AE signage & striping plan Delete 2 blow-off assemblies Revise loc & size of rec wtr service Revise rec wtr alighnment & config Install 2" MAR CCO#15 Inst 650LF of T-post & 3 wire fence Inst 24 vibration switches Pothole & survey ex rec water pipe Revise handrail at sewer lift station Inst UPC device/SIM" lift sta Revise biofilter's control panel/wirir lnsall Allen Bradley selector switch Temporary water meter Inst weir plate/MH#3 Balance & close CCO13 item #2 Balance & close CCO14 item #9 Inst knox box & SDG&E key switch Delete irr & planting at lift station lnstal barbed wire on top of fence Inst 6" AC trench repair Inst 30,700SF 2" grind & AC Balance & close CCO#9 item #5 Quantity Authorized Unit 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS 1.00 LS TOTALCCO: TOTAL (Schedules A-E + CCO): $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Unit Price 2,244.22 (725.72) 6,656.61 24,042.70 7,622.53 (28,000.00) (30,000.00) (41,590.45) 50,000.00 (10,724.77) (14,441.24) 8,451.47 3,508.89 2,000.00 9,905.17 32,229.76 4,457.95 13,307.18 2,605.30 3,271.90 1,534.29 3,336.03 5,638.48 (7,256.54) 8,830.88 (3,806.28) 28,329.24 11,779.44 55,600.00 15,693.61 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Authorized Amount 2,244.22 (725.72) 6,656.61 24,042.70 7,622.53 (28,000.00) (30,000.00) (41,590.45) 50,000.00 (10,724.77) (14,441.24) 8,451.47 3,508.89 2,000.00 9,905.17 32,229.76 4,457.95 13,307.18 2,605.30 3,271.90 1,534.29 3,336.03 5,638.48 (7,256.54) 8,830.88 (3,806.28) 28,329.24 11,779.44 55,600.00 15,693.61 I s 2,064,160.62 I I s 46,259,460.62 1 PROGRESS THIS MONTH Units Amount $ $ $ $ $ $ $ $ 0.1451308000 $ 7,256.54 $ $ $ $ $ 1.0000000000 $ 9,905.17 1.0000000000 $ 32,229.76 1.0000000000 $ 4,457.95 1.0000000000 $ 13,307.18 1.0000000000 $ 2,605.30 1.0000000000 $ 3,271.90 1.0000000000 $ 1,534.29 1.0000000000 $ 3,336.03 1.0000000000 $ 5,638.48 1.0000000000 $ 1.0000000000 $ (7,256.54) 1.0000000000 $ 8,830.88 1.0000000000 $ (3,806.28) 1.0000000000 $ 28,329.24 1.0000000000 $ 11,779.44 1.0000000000 $ 55,600.00 1.0000000000 $ 15,693.61 1 s 101,332.80 1 I s 105,139.08 1 PROGRESS TO DATE Previous Units 1. 0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 0.8548692000 1.0000000000 1.0000000000 1.0000000000 1.0000000000 - Cumulative Units 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Cumulative Amount $ 2,244.22 $ (725.72) $ 6,656.61 $ 24,042.70 $ 7,622.53 $ (28,000.00) $ (30,000.00) $ (41,590.45) $ 50,000.00 $ (10,724.77) $ (14,441.24) $ 8,451.47 $ 3,508.89 $ $ 9,905.17 $ 32,229.76 $ 4,457.95 $ 13,307.18 $ 2,605.30 $ 3,271.90 $ 1,534.29 $ 3,336.03 $ 5,638.48 $ $ (7,256.54) $ 8,830.88 $ (3,806.28) $ 28,329.24 $ 11,779.44 $ 55,600.00 $ 15,693.61 1 s 2,030,604.81 1 1 s 45,424,512.28 1 CITY OF CARLSBAD • ENGINEERING DEPARTMENT ROGRESS PAY ESTIMATE NO. 39, JUNE, 2019, PROJECT NOS. 38861134921/39491/60011/50271 AGUA HEDIONDA SEWER LIFT STATION, VC INTERCEPTOR SEWER REACHES VC11B· VC15, AND RECYCLED WATER LINE Bid Item c~L(Y~ _,/~eµ-1~ .. ..r INSPECTOR: MUNICIPAL PROJECTS MANAGER: ENGINEERING MANAGER/CM&!: Quantity Allthorizad Unit J.J,, DATE 7/12/19 DATE DATE DATE Unit Price PROGRESS THIS MONTH Authorized Amount Units Amount TOT AL BID ITEMS EARNED TOTAL C/O EARNED TO DATE TOT AL ADD'L WITHHOLDINGS SUBTOTAL LESS PREVIOUS RETENTION LESS RETENTION THIS PAYMENT (So/e) LESS PREVIOUS PAYMENTS LESS STOP NOTICE RETENTION LESS STOP PAYMENT NOTICE WITHHELD STOP PAYMENT NOTICE RELEASE : BAL:ANCE:DUE THIS'.MONTH " ' PROGRESS TO DATE Previous Cumulative Units Units ,'" $ $ $ $ $ $ $ $ Cumulative Amount 43,393,967.41 2,030,604.87 45,424,572.28 2,265,971.68 5,256.95 43,053,461.68 $" •··• .. 99'882~13 Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 015 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 15 PROJECT: PWS13-40UTIL, Agua Hedionda Sewer Lift Station, Vista/Carlsbad Interceptor Sewer Reaches VC11 B-VC-15, and Recycled Water Line Project CONTRACT NO. 338861, 34921, 39491, 60011, 50271 P.O. NO. P130569 & P130570 ACCOUNT NO. /388619066, /349219066, /394919066, /600119066, /502719066 CONTRACTOR: Pulice Construction ADDRESS: 2033 West Mountain View Road Phoenix, AZ 85021 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Item 2: Furnish and install approximately 650 linear feet of T-post & 3-wire fence in accordance with City Request for Proposal #38 (RFP #38), dated June 21, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "A", Project #3886) Increase to contract cost. .................................................................. $9,905.17 Furnish and install twenty-four (24) vibration switches with associated conduit and wiring. Modify the internal wiring of the Variable Frequency Drives (VFDs) to accommodate. Include all associated and appurtenant Work. Refer to Contractor Letter #216.1, dated February 28, 2018. Refer to the City's response to RFI #196, dated January 5, 2018. Refer to the City's response to RFI #138.1, dated March 13, 2017. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................ $32,229. 76 Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 015 Item 3: Item 4: Item 5: Item 6: Item 7: Pothole and survey an existing recycled water pipeline and survey an existing SDGE guy anchor in accordance with Force Account Directive #41, dated May 7, 2018. Refer to Contractor Letter #263, dated August 10, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. .................................................................. $4,457.95 Revise handrail at the sewer lift station, grinder facility and bio-filter as delineated within City Request for Proposal #35R 1 (RFP 35R 1 ). Refer to Contractor Letter #238.2, dated December 4, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................... $13,307.18 Furnish and install an Uninterruptible Power Source (UPC) device within the sewer lift station's communication panel in accordance with City Request for Proposal #36 (RFP #36), dated June 6, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. .................................................................... $2,605.30 Revise the Biofilter's control panel and equipment wiring in accordance with the City's response to Request for Information #208, dated March 30, 2018. Refer to Contractor Letter #245, dated June 19, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. .................................................................... $3,271.90 Furnish and install an Allen Bradley 800H-HR2A 30mm selector switch into the sewer lift station's bubbler control panel. Furnish and install a name plate above the switch, with the words; "OPEN DISCONNECT WHEN DE-ENERGIZING PANEL TO DISABLE LOW LEVEL PUMP SHUTDOWN INTERLOCK." Refer to City response to Request for Information 205.2 (RFI 205.2), dated April 25, 2018. Refer to Contractor Letter #243, dated June 18, 2018. Payment shall be made pursuant to Section 32.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. .................................................................... $1,534.29 Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 015 Item 8: Item 9: Furnish a temporary, construction water meter and 1-inch hose at an existing NRG recycled water fire hydrant adjacent to the new sewer lift station in accordance with City Force Account Directive #43 (FAD #43), dated July 11, 2018. Refer to Contractor Letter #265, dated August 10, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................... $3,336.03 Furnish and install a stainless-steel weir plate and associated mounting hardware within sewer Manhole #3 at the sewer lift station in accordance with City Force Account Directive #42 (FAD #42), dated July 11, 2018. Refer to Contractor Letter #264.1, dated December 4, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Estimated increase to contract cost. ..................................................... $5,638.48 Item 10: Balance and close previously issued force account Change Order #13, Item #2, issued to perform asphalt concrete pavement repairs on Avenida Encinas. Refer to Contractor Letter #249, dated July 3, 2018. Change Order #13, Item #2, shall be invoiced to 100% of the estimated amount. A corresponding payment shall be furnished pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein, in order to provide full satisfaction and accord on this issue. (Schedule "C", Project #3949) Increase to contract cost. ......................................................................... $0.00 Item 11: Balance and close previously issued force account Change Order #14, Item #9, issued to perform asphalt concrete pavement repairs on Avenida Encinas. Refer to Contractor Letter #249, dated July 3, 2018. Change Order #14, Item #9, shall be invoiced to 100% of the estimated amount. A corresponding credit shall be furnished pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein, in order to provide full satisfaction and accord on this issue. (Schedule "C", Project #3949) Decrease to contract cost. ................................................................ ($7,256.54) Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 015 Item 12: Furnish and install a City of Carlsbad Fire Department standard Knox Box and SDGE standard Schlage VTQP Quad Section key switch at the Sewer Lift Station's entrance gate. Furnish and install a 14-foot wide gate leaf, in lieu of a 10-foot wide gate leaf, and upsize the gate opener motor, accordingly. Refer to City of Carlsbad Request for Proposal #32, dated February 28, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost .................................................................... $8,830.88 Item 13: Delete irrigation and planting at the sewer lift station site in accordance with City of Carlsbad Field Change #40, dated August 20, 2018 and Request for Proposal #42, dated August 20, 2018. A Contract Credit shall be furnished in accordance with Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B'', Project #3492) Decrease to contract cost. ............................................................... ($3,806.28) Item 14: Furnish and install 3-strand barbed wire on top of existing perimeter fence, new 1 inch mesh polyvinyl chloride (PVC) coated fence and a chain link spare parts enclosure at the Sewer Lift Station in accordance with City of Carlsbad Request for Proposal #41, dated August 16, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................ $28,329.24 Item 15: Furnish and install an approximately six-inch depth base course asphalt concrete trench repair over new sewer lateral alignment from existing sewer Manhole #35C-9 to new sewer Manhole #3. Refer to City of Carlsbad Field Change #31 R1, dated January 9, 2018. Refer to City of Carlsbad Field Change #31 R2, dated February 21, 2018. Refer to Contractor Letter #266, dated August 10, 2018. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "C", Project #3949) Increase to contract cost. ................................................................. $11,779.44 Item 16: Furnish and install 30,700 square feet of additional 2-inch grind and finish coarse asphalt concrete paving on Avenida Encinas, south of Palomar Airport Road. Refer to City of Carlsbad Field Change #39, dated August 6, 2018. Refer to Contractor Letter #270, dated August 29, 2018. Payment shall be made pursuant to Section 3- 2.4 of the General Provisions at the agreed price stated herein. (Schedule "C", Project #3949 & Schedule "D", Project #5027) Increase to contract cost. .................................................................. $55,600.00 • Project: PWS13-40UTIL, Agua Hedionda Sewer Lift Station Change Order No. 015 Item 17: Balance & close force account Change Order #9, Item #5, previously executed to repair an existing 1 O" waterline within Avenida Encinas. Refer to City of Carlsbad Force Account Directive #23, dated February 22, 2017. Refer to Contractor Letter #258, dated August 10, 2018. Change Order #9, Item #5, shall be invoiced to 100% of the estimated amount. A corresponding payment shall be furnished pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein, in order to provide full satisfaction and accord on this issue. (Schedule "D", Project #5027) Increase to contract cost. .................................................................. $15,693.61 TOTAL INCREASE TO CONTRACT COST ................................................. $185,456.41 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: ----1' ~_.?-~ £,;.,,._ V 3/25/19 C NSTRUCTION MANAGER (D TE) ~~~~~ Zot°\ ENGINE DEPARTMENT HEAD APPROVED AS TO FORM: ') (DATE) 5h1/11 (DATE) APPROVED BY: (DATE) .5 /t/ (19 (DATE) (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O # 12 Project: #PWS13-40UTIL Agua Hedionda Sewer Lift Station, Vista/Carlsbad Interceptor Sewer Reaches VC 11B-VC15, and Recycled Water Line Project Initials: To: Construction Management & Inspection Department Head Finance Director City Manager/Mayor Construction Management & Inspection (RETURN TO DALE WILLIS ONCE FULLY EXECUTED) Executive Summary: On May 15, 2015, city council adopted Resolution #2015-120 and 2015-125, and the CMWD board adopted Resolution #1552, awarding a contract to Pulice Construction in the amount of $44,195,300. The contract award included a contingency amount of $3,535,624. There are adequate contingency funds remaining to fund this change order, and the City Manager or his/her designee has the authority to approve this contract change order. Reasons for changes: Item 1: Item 2: Item 3: Item 4: An existing 54-inch Reinforced Concrete Pipe (RCP) located where the new 54" sewer pipeline will connect to the existing sewer pipeline is cracked and damaged. Additional work is required to repair the damaged RCP pipe before completing the connection work. (Schedule "A", Project #3886) New construction has reconfigured existinQhe sewer system north of the Agua Hedionda Lagoon, and has resulted in sewer gas and odor impacts to adjacent residences. Design modifications incorporate a revised sewer lateral detail to eliminate the impacts. (Schedule "A", Project #3886) Modifications to the security gate design are required to prevent public trespass on the new utility bridge. Wing panel fence extensions will be added to restrict public access to potential bridge jumpers and vandals. (Schedule "A", Project #3886) Balance and close a previously issued time & material change order (Change Order #5, Item #14). The subject change order work funded additional exploratory excavations required to determine the exact location of an existing 3-inch waterline, which was in conflict with the new 54-inch sewer. The work was completed under budget. By execution of this change order the remaining funds are committed back to the project's contingency. (Schedule "A", Project #3886) Project: #PWS 13-40UTI L Change Order No. 12 Item 5: Item 6: Item 7: Item 8: Item 9: Design revIsIons are required to provide a redundant water supply to the pump's mechanical seal coolant system. Per the original design the mechanical seals are cooled from a potable water supply which originates on the north side of the Agua Hedionda Lagoon. If this water supply is interrupted the pumps may experience damage within thirty to sixty minutes due to overheating. This change order furnishes a second coolant water supply source by connecting to and constructing a service from an adjacent recycled water pipeline south of the sewer lift station. (Schedule "B'', Project #3492). This change order item also funds the construction of a new 2-inch water service requested by NRG to support new facilities associated with their Carlsbad Energy Center project. The 2-inch water service will be extended from the sewer lift station's potable water source, through the sewer lift station site where a water meter will be set adjacent to the exterior fence line. NRG has agreed to compensate the City of Carlsbad for costs associated with this work. (Schedule "B'', Project #3492). Design revisions are required to facilitate reliable operation of the sewer lift station's vacuum eductor system. The vacuum eductor system introduces high pressure water into the discharge side of the lift pumps to increase pump efficiency and substantially reduce energy costs. It has been determined that as designed, the mechanically actuated globe valve will be problematic to maintain within the proper balance required to properly operate the system. The design engineer recommends installation of electrically actuated control valves. (Schedule "B", Project #3492). Design revisions are required to protect the interior concrete surfaces of the grinder facility. The interior of the grinder facility will be exposed to sewer gases which attack and destroy concrete over time. The design engineer has recommended an epoxy coating system which is more durable than the epoxy coating system originally specified. The revised coating will provide more protection and extend the service life of this facility. (Schedule "B", Project #3492). A design revision is required to prevent galvanic corrosion on Lighting Control Panel LCP-0904 at the new sewer lift station. The contract drawings and specifications call for an aluminum sun shield to be mounted on the 316 stainless steel enclosure. The 316 stainless steel sun shield is required to prevent galvanic corrosion between the two dissimilar metals. (Schedule "B", Project #3492). A design revision is required to increase the breaker capacity for Lighting Control PBD-3011 at the new sewer lift station. The lighting panel as specified is required to be upsized to allow a total of fifty-four (54) circuits instead of the specified forty-two (42) circuits. (Schedule "B", Project #3492). Project: #PWS13-40UTIL Change Order No. 12 Item 10: The Contractor has requested a change order to install two (2) stainless steel roof hatches in lieu of galvanized steel hatches, which were submitted upon and accepted by the Engineer. In response, design revisions have been made which delete two (2) stainless steel hatches from the grinder facility, and incorporates them into the sewer lift station at no additional cost. This item confirms the no cost agreement. (Schedule "B", Project #3492). Item 11: Existing native soils adjacent to Microtunnel Shaft #9 are expansive clays, are unsuitable for compaction and for the structural street section. The native soils must be over-excavated and replaced with suitable, compactable and stable soils in order to complete the street repairs. (Schedule "C", Project #3949). Item 12: Design revisions are proposed to facilitate the potential future extension of a 12- inch recycled water pipeline from the new sewer lift station to the north, across the Agua Hedionda Lagoon. The proposed revision reduces the total amount of new 12-inch pipeline, which will be constructed by twenty-five (25) lineal feet, and results in a contractual credit. (Schedule "D", Project #5027) Item 13: Existing electric and communication duct banks interfere with the construction of new 18-inch recycled water pipeline at Cannon Road. Design revisions and the procurement of new pipeline materials are required to overcome the conflicts. (Schedule "D", Project #5027) COST ACCOUNTING SUMMARY: Original contract amount $44,195,300.00 Total amount this C/O $194,009.77 Total amount of previous C/O's $1,534,704.80 Total C/O's to date $1,728,714.57 New Contract Amount $45,924,014.57 Total C/O's as% of original contract 3.91% Contingency amount encumbered $3,535,624.00 Contingency increase / decrease $0.00 Contingency Subtotal $3,535,624.00 Total C/O's to date $1,728,714.57 Contingency balance $1,806,909.43 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 12 PROJECT: #PWS13-40UTIL Agua Hedionda Sewer Lift Station, Vista/Carlsbad Interceptor Sewer Reaches VC 11B-VC15, and Recycled Water Line Project CONTRACT NOs. 338861, 34921, 39491, 60011, 50271 P.O. NOs. P130569 & P130570 ACCOUNT NOs. 1388619066, /349219066, /394919066, /600119066, /502719066 CONTRACTOR: Pulice Construction ADDRESS: 2033 West Mountain View Road Phoenix, AZ 85021 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, and all other goods and services required to implement these changes. Unless otherwise specifically stated herein, payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, acceleration, loss of efficiency, standby time, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Repair Existing 54-inch Reinforced Concrete Pipe Repair the interior of an existing reinforced concrete pipe (RCP) from the 54-inch wood "stop-log" within the existing sewer flow diversion structure to the new 54-inch Centrifugally Cast Fiber Reinforced Mortar Pipe (CCFRMP) point of connection. Construct a new 36-inch steel "stop-log" for the existing flow diversion structure to accommodate the sewer flow transfer, and the 36-inch and 42-inch pipe abandonment. Refer to Schedule "A", Drawing C-4. Refer to Contractor Letter #172, dated August 3, 2017. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "A", Project #3886) Increase to contract cost ................................................................. $3,959.40 Project: #PWS 13-40UTI L Change Order No. 12 Item 2: Revised Drop Sewer Lateral Detail Construct a revised drop sewer lateral in accordance with Field Change #28, dated July 11, 2017. Refer to Schedule "A", Sheet C-4. Refer to Contractor Letter #173, dated August 3, 2017. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "A", Project #3886) Increase to contract cost. ................................................................ $3,615.92 Item 3: Utility Bridge Gate Modification Construct two (2) modified San Diego Regional Standard, Type M-05 swing gates with wing panels at each end of the new utility bridge in lieu gates shown on Schedule "A", Sheet B-2. Refer to Contractor Letter #177, dated August 23, 2017. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "A", Project #3886) Increase to contract cost. ............................................................... $2,222.00 Item 4: Water Conflict with 54-inch Sewer (Station 1 +03) Item 5: Balance and close previously issued force account Change Order #5, Item #14, issued to complete additional exploratory excavations required to determine the exact location of an existing 4" polyvinyl chloride (PVC) and 3" asbestos concrete pipe (ACP) water pipeline, which was determined to be in conflict with construction of the new 54-inch Sewer. Change Order #5, Item #14, shall be invoiced to 100% of the estimated amount. A corresponding credit shall be furnished pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein, in order to provide full satisfaction and accord on this issue. Refer to Contractor Letter #70, dated September 20, 2016. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "A", Project #3886) Decrease to contract cost. ............................................................. $(4,370.89) NRG Potable Water Service & Recycled Water Yard Piping at Sewer Lift Station Construct revised recycled and potable water improvements at the sewer lift station in accordance with City of Carlsbad Request for Proposal #25.1, dated May 25, 2017. Refer to Contractor Letter #156.1, dated June 28, 2017. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................ $65,869.06 Project: #PWS13-40UTIL Change Order No. 12 Item 6: Vacuum Eductor Revisions Incorporate the installation of an electrically-actuated ball valve into the vacuum eductor system with associated and appurtenant work as defined within City of Carlsbad Request for Proposal #27, dated May 25, 2017. Payment shall be made based upon an accumulation of the actual costs in accordance with Section 3-3.2.1 of the General Provisions. (Schedule "B", Project #3492) Estimated Increase to contract cost. ................................................... $50,000.00 Item 7: Sewer Lift Station Biofilter Coating Coat interior surfaces of the Biofilter Structure with Coating System EA-2 (25-30 mils) in lieu of Coating System E-4. Refer to Section 09900 of the Technical Provisions. Refer to Contractor Letter #160.1, dated June 30, 2017. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................ $44,019.34 Item 8: Sun Shield Revision, Local Control Panel LCP-0904 Furnish a 316L stainless steel sun shield in lieu of an aluminum sun shield for the NEMA 4X enclosure specified for LCP-0904. Refer to Contractor Letter #176, dated August 22, 2017 Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................... $1,041.01 Item 9: Additional Panel Capacity, Lighting Panel PBD-3011 Furnish a fifty-four (54) circuit 120/208 volt panel in lieu of a forty-two (42) circuit 120/208 volt panel for PBD-3011. Refer to Contractor Letter #168, dated July 27, 2017. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ................................................................ $1,490.96 Project: #PWS13-40UTIL Change Order No. 12 Item 10: Sewer Lift Station Stainless Steel Roof Hatches Modify the rough opening for the Wet Well Roof Hatch and install a 24-inch high concrete curb in general conformance with the modified detail furnished by the Contractor on June 28, 2017. The revision shall facilitate installation of a 48" x 48", single leaf stainless steel roof hatch. Refer to Schedule "B", Sheet M-202. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "B", Project #3492) Increase to contract cost. ......................................................................... $0.00 Item 11: Remove Unsuitable Material at Microtunnel Shaft #9 Balance and close previously issued force account Change Order #10, Item #11, issued to remove unsuitable native subgrade soils and replace with imported suitable material to facilitate subgrade restoration and repair of the street section adjacent to Microtunnel Shaft #9. Change Order #10, Item #11, shall be invoiced to 100% of the estimated amount. A corresponding credit shall be furnished pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein, in order to provide full satisfaction and accord on this issue. Refer to Contractor Letter #165.1, dated July 21, 2017. (Schedule "C", Project #3949) Decrease to contract cost. ............................................................. $(3,305.67) Item 12: 12-inch Recycled Waterline Plan Revision Delete approximately 25-feet of 12-inch Recycled Waterline in accordance with Contractor Letter #164, dated July 21, 2017 and City of Carlsbad Field Change #27, dated July 3, 2017. Refer to Schedule "B'', Sheet C-501. Payment shall be made pursuant to Section 3-2.4 of the General Provisions at the agreed price stated herein. (Schedule "D", Project #5027) Decrease to contract cost. ................................................................ ($531.36) Item 13: Revise 18" Recycled Connection and Profile at Cannon Road Revise 18-inch recycled waterline connection and pipeline configuration from approximate Station 73+10 to 73+ 75 in general conformance with City of Carlsbad Field Change #29, dated August 24, 2017 and Force Account Directive #32, dated August 24, 2017. Payment shall be made based upon an accumulation of the actual costs in accordance with Section 3-3.2.1 of the General Provisions. (Schedule "D", Project #5027) Estimated increase to contract cost .................................................. $30,000.00 Project: #PWS13-40UTIL Change Order No. 12 TOTAL INCREASE TO CONTRACT COST .................................................. $194,009.77 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY FIFTEEN (15) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: ~re~ FINANC~ECTOR DISTRIBUTION: t /i. / t.lJ I fl' (DATE) (DATE) INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN 11/30/2017 (DATE) / I' 1P (DATE) ' \ ·f ' \ .: CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL Revised 1/30/13 Contract No. PWS13-40UTIL Page 1 of 172 0 TABLE OF CONTENTS JWn filml c Notice Inviting Bids.................................................................................................................. 14 Contractor's Proposal............................................................................................................... 19 Equipment/Material Source Information................................................................................... 28 Bid Security Form.................................................................................................................... 29 Bidder's Bond to Accompany Proposal .. .. . ..... . .. .. .. .. .. .. .. .. ... .... .. .. .. .. . . .. . . .. .. .. . . .. . . .. . . . .. .. .. .. .. .... .... . 30 Guide for Completing the "Designation Of Subcontractors" Form............................................. 32 Designation of Subcontractor and Amount of Subcontractor's Bid Items .... .. .. .. .. .. .. .. .. .. .... ... .. .. 34 Bidder's Statement of Technical Ability and Experience........................................................... 35 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation ...................... ...... .. ........... ...... ........................... ... .... ...... 36 Bidder's Statement Re Debarment........................................................................................... 37 Bidder's Disclosure of Discipline Record .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .... .... .... .. . .. .. 38 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid............................ 40 Contract Public Works.............................................................................................................. 41 Labor and Materials Bond . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Faithful Performance/Warranty Bond....................................................................................... 49 Optional Escrow Agreement for Surety Deposits in Lieu of Retention...................................... 51 Revised 1/30/13 Contract No. PWS13-40UTIL Page 2 of 172 0 GENERAL PROVISIONS c Section 1 1-1 1-2 Terms, Definitions Abbreviations and Symbols Terms.............................................................................................................. 55 Definitions.................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 56 1-3 Abbreviations............................................... . . . . . . .. .. . . .. . . . .. . . . . .. . . . . . . .. . .. . . .. . . .. . . .. .. .. 59 1-4 Units of Measure.......................................... .................................................... 63 1-5 Symbols........................................................................................................... 67 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract................. ... . . . . . .. . . . . .. . . . .. . .. .. . . . . . . . .. . . . . . . . . . .. . .. .. . 65 2-2 Assignment.................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . 65 2-3 Subcontracts................................................ .................................................... 65 2-4 Contract Bonds . . . . . . . . . . . . . . . .. . . .. . . .. . . .. . . .. .. . .. . . .. . . . . . .. . .. . . . . . . . .. .. . .. .. .. . .. . . . . .. .. .. .. . . .. . .. . . .. 66 2-5 Plans and Specifications.............................. . . . . . . . . . . .. . . . . . . .. . . .. .. .. . .. . . . . . . . . . .. . . .. . .... . 67 2-6 Work to be Done.......................................... . .. .. . . .. ... ... .. .. .. . . .. . . .. . . .. . . .. . . .. . . . . .. .. .. . 73 2-7 Subsurface Data.......................................... . . . .... . . . . . . . . . . .. . . .. . . .. . . .. . . .. . . .. . . .. .. .. . ... . 73 2-8 Right-of-Way................................................ .................................................... 73 2-9 Surveying..................................................... .. . .. . . .. .. . . . . . .. .. .. .. .. .. .. .. .. .. .. . .. .. . . .. . . .. . 73 2-10 Authority of Board and Engineer.................. .................................................... 77 2-11 Inspection .................. ..... ...... ................ ... . ... .. . .............. .................... ............... 78 Section 3 Changes in Work 3-1 Changes Requested by the Contractor .. .. .. .. .. .. .. .. . . . ... . .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . .. .. .. . 79 3-2 Changes Initiated by the Agency.................. .................................................... 79 3-3 Extra Work................................................... ........... ......................................... 80 c 3-4 3-5 Changed Conditions . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . .. . .. .. .. . . . . . . . .. . . .. .. . . . .. . . .. . . .. . . 82 Disputed Work . . . . .. .. .. .. .. .. .. .... .. .. .. .. .. .. . . .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ................... 84 Section 4 Control of Materials 4-1 Materials and Workmanship......................... .................................................... 87 4-2 Materials Transportation, Handling and Storage............................................... 91 Section 5 Utilities 5-1 Location . .. .. .. .. .. .. . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. . . . . . . . .. . . . .. .. . . .. . . .. . . . .. . . . . . . . . . .. . . . . . . .. . . .. . 92 5-2 Protection .. . . .. . . .. . . .. . . . . . . .. . . .. .. . . . . .. . . .. . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 5-3 Removal.......................................................................................................... 93 5-4 Relocation.................................................... . . . . . . . . . . . .. .. .. . . .. .. . . .. . . . .. .. .. .. .. .. . . .. . . .. .. 93 5-5 Delays.............................................................................................................. 94 5-6 Cooperation . .. .. .. . . . . .. .. .. .. . .. . . .. . .. . . .. .. .. .. .. .. . .. . .. .. . . . . .. . . . .. .. .. . . . . .. . .. . . .. . . . .. . .. . . . . .. . .. . . .. . 95 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work .. . .. .. . .. .. .. .. . . .. .. .. .. . . .. .. . .. . .. . 97 6-2 Prosecution of Work..................................... .............................. ...................... 105 6-3 Suspension of Work..................................... .. .. .. . . . .. ... . .. .. .. .. .. . . . .. .. . . ... . . . .. .. .. . . . . . . 1 07 6-4 Default by Contractor................................... . .. . .. . . . . .. .. . . . . . . . . . . . . . . .. . . .. . .. . . .. . . .. . . . . . . . 1 07 6-5 Termination of Contract................................ . . . .. .. .. .. .. .. .. . . . .. .. .. .. .. .. .. .. .. .. .. . . . . .. .. .. 1 08 6-6 Delays and Extensions of Time.................... .. .. .. . . .. .. .. . . . .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. . 1 08 6-7 Time of Completion...................................... . . . ..... .. . .... .. . . . . . . .. .. . .. . .. .... . . .. . .. .. .. .. .. 1 09 6-8 Completion, Acceptance, and Warranty....... .................................................... 110 6-9 Liquidated Damages.................................... . .. .. .. .. .. . . .. . . .. .. .. .. .. .. .. . . . . . . . ... . . . . . .. . . .. 11 0 6-10 Use of Improvement During Construction .... ...... .......... ......... ........................... 110 '--' 0 Revised 1/30/13 Contract No. PWS13-40UTIL Page 3 of 172 Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities.......... . .. .. ... .. ... .......... .. .. . . . . . .. .. .... .. ...... .... 112 ~-· 7-2 , 7-3 '--7-4 Labor............................................................................................................... 112 Liability Insurance ... .. . .. .. .... .... ...... .. .. .. . . . .. ..... ............ .. . . .. .. ........ ... .... .. .. . . . .. .. .. .... 112 Workers' Compensation Insurance.............. .................................................... 112 7-5 Permits . .. . . .. .. .. .. .. ................. ... .. ................... . .. .. .. ................... .. .. ...................... 113 7-6 The Contractor's Representative.................. .................................................... 114 7-7 Cooperation and Collateral Work ....... .......... .. .. .. .. ..... ... ............ .... . .. ................. 114 7-8 Project Site Maintenance ................. ............ ... .......... .... .................... .... .. .... ..... 115 7-9 Protection and Restoration of Existing Improvements....................................... 127 7-10 Public Convenience and Safety .. .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. .. ... .. .. .. .. .. ... .. . .. ... . .. . .. .. .. .. . 128 7-11 Patent Fees or Royalties.............................. .. .. .. .. . .. .. .. . .. . .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. 134 7-12 Advertising .. . . .. . . . . . .. . . . .. . .. . .. .. .. .. . . . .. .. .. .. .. .. . .. .. . . .. .. . . . .. .. .. .. .. .. . .. .. . . .. . .. . .. .. . .. .. .. . .. .. .. . 134 7-13 Laws to be Observed .. . . . .. .. .. .. .. .. . .. .. .. .. .. . .. . . .. . .. .. . .. . .. .. .. . .. .. .. . .. . .. .. .. .. .. .. .. .. .. . . . .. . .. 135 7-14 Antitrust Claims............................................ ............. ... ... .. .. ........... .... . . . . .. .. .. . ... 135 Section 8 Facilities for Agency Personnel 8-1 General........................................................ . . . . . . . .. .. .. . .. . .. .. . .. . . . . . . . .. .. .. . .. . .. .. .. .. . .. 136 8-2 Field Office Facilities.................................... .................................................... 136 8-3 Field Laboratories........................................ ........... .... . .. .... ............. .... . .. .. .. ...... 137 8-4 Bathhouse Facilities..................................... .................................................... 137 8-5 Removal of Facilities .............................. ~..... .................................................... 137 8-6 Basis of Payment......................................... .. .. .. . . .. .. ... . .. .. .. .. . . . .. . . .. .. . .. .. .. .. .. .. . . . . 137 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work .. .. .. .. .. .. .......................... .......... 138 9-2 Lump Sum Work.......................................... ... ........... .. . ... . ....... .......... ... ... .. .. .. .. 138 9-3 Payment . .. . . . .. .. .. . . .. . . . .. .. . . .. . . . .. . . .. .. .. . .. . .. . .. .. .. . .. . . .. .. . .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. . .. .. 138 9-4 Bid Items...................................................... .................................................... 141 ,.. '-- Revised 1/30/13 Contract No. PWS13-40UTIL Page 4 of 172 Part 2 Section 201 201-1 201-3 Section 203 203-6 Section 206 206-7 206-8 206-9 Section 207 207-25 Section 210 210-1 Section 213 213-2 Section 214 214-5 SUPPLEMENTAL PROVISIONS TO PART 2, AND 3 OF THE SSPWC Construction Materials Concrete, Mortar and Related Materials Portland Cement Concrete ............................................................................. . Expansion Joint Filler and Joint Sealants ........................................................ . Bituminous Materials Asphalt Concrete ............................................................................................ . Miscellaneous Metal Items Traffic Signs .................................................................................................... . Light Gage Steel Tubing and Connectors ....................................................... . Portable Changeable Message Sign ............................................................... . Pipe Underground Utility Marking Tape ................................................................... . Paint and Protective Coatings Paint ............................................................................................................... . Engineering Fabrics Geotextiles ...................................................................................................... . Pavement Markers Reflective Pavement Markers ......................................................................... . 142 144 145 146 148 149 150 151 152 153 c Section 215 Fencing 215-1 Environmental Fencing.................................................................................... 154 PART3 Section 300 300-9 300-11 300-12 Section 301 301-1 Section 302 302-4 302-5 302-10 Section 303 303-2 303-5 303-6 Section 306 306-1 306-5 Construction Methods Earthwork Geotextiles for Erosion Control and Water Pollution Control. ........................... . Stonework for Erosion Control ......................................................................... . Rock Slope Protection Fabric ........................................................................... . Treated Soil, Subgrade Preparation and Placement of Base Materials Subgrade Preparation ...................................................................................... . Roadway Surfacing Emulsion-Aggregate Slurry .............................................................................. . Asphalt Concrete Pavement ............................................................................ . Asphalt Pavement Repairs and Remediation ................................................... . Concrete and Masonry Construction. Air-Placed Concrete ......................................................................................... . Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ....................................................................... . Stamped Concrete ........................................................................................... . Underground Conduit Construction Open Trench Operations .................................................................................. . Abandonment of Conduits and Structures ........................................................ . 155 156 156 157 157 159 160 162 162 162 163 165 Revised 1/30/13 Contract No. PWS13-40UTIL Page 5 of 172 0 c Section 310 310-5 Section 312 312-1 Section 313 313-1 313-2 313-3 313-4 Painting Painting Various Surfaces ............................................................................... . Pavement Marker Placement and Removal Placement ........................................................................................................ . Temporary Traffic Control Devices Temporary Traffic Pavement Markers ............................................................. .. Temporary Traffic Signing ............................................................................... . Temporary Railing (Type K) and Crash Cushions ........................................... . Measurement and Payment ............................................................................ .. 166 167 167 168 168 170 Revised 1/30113 Contract No. PWS13-40UTIL Page 6 of 172 0 TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01010 01011 01014 01015 01025 01050 01060 01071 01200 01300 01310 01380 01400 01500 01505 01530 01550 01560 01600 01605 01662 01664 01680 01700 01720 01730 01800 01900 01999 Summary of Work Contract Time Work Sequence Contractor's Use of Premises Measurement and Payment Survey Information Safety and Health Standard References Project Meetings Submittals Construction Schedule Photographs Quality Control Contractor's Utilities Mobilization Protection of Existing Facilities and Properties Site Access and Storage Environmental Controls Products, Materials, Equipment and Substitutions Shipment, Protection and Storage Commissioning Training Testing and Physical Checkout Project Closeout Record Drawings Operating and Maintenance Information Environmental Conditions Seismic Anchorage and Bracing Reference Forms DIVISION 02 -SITE WORK 02050 02080 02100 02140 02145 02146 02200 02202 02223 02270 02342 02345 02346 02347 02348 02350 02603 02605 02760 Demolition and Savage Asbestos Cement Pipe Removal Site Preparation Dewatering Temporary Bypass Pumping Hot Tapping/Line Stopping Earthwork Flowable Fill Trenching, Excavation, Backfilling, and Compacting Erosion, Sedimentation, and Dust Control Contact Grouting Microtunneling Shaft Excavation Instrumentation and Monitoring Horizontal Directional Drilling Sheeting, Shoring, and Bracing Rehabilitation of Sanitary Sewer Manholes Sanitary Sewer Manhole Coating Systems Sewer Pipe and Structure Cleaning Revised 1/30/13 Contract No. PWS13-40UTIL Page 7 of 172 DIVISION 03-CONCRETE 03100 Formwork ,~-03121 Form Liners for Architectural Concrete '-.,.... 03200 Concrete Reinforcement 03290 Joints in Concrete Structure 03300 Cast-in-Place Concrete 03365 Concrete Stain 03400 Precast Concrete (Structures) 03460 Precast Concrete Manholes 03600 Grout DIVISION 04-MASONRY 04232 Reinforced Concrete Block Masonry DIVISION 05-METALS 05100 Structure Metals 05101 Prefabricated Steel Truss Bridge 05405 Cold-Formed Metal Framing 05500 Metal Fabrications 05501 Anchor Bolts 05503 Access Hatches 05505 Miscellaneous Metalwork 05520 Handrailing 05522 Aluminum Pipe Railings 05800 Expansion Joint Covers 05910 Hot-Dip Zinc Coating c DIVISION 06 -WOOD AND PLASTIC 06100 Rough Carpentry 06610 Fiberglass Reinforced Plastic Railings DIVISION 07-THERMAL AND MOISTURE PROTECTION 07100 Waterproofing and Moistureproofing 07131 Self-Adhering Sheet Waterproofing 07190 Water Repellents 07210 Thermal Insulation 07270 Self-Adhering Air and Vapor Barrier 07541 Polyvinyl-chloride (PVC) Roofing 07600 Flashing and Sheet Metal 07620 Sheet Metal Flashing and Trim 07720 Roof Accessories 07900 Sealants 07920 Architectural Joint Sealants 07950 Expansion Joint Systems DIVISION 08-DOORS AND WINDOWS 08113 Hollow Metal Doors and Frames 08220 Fiberglass-Reinforced Door Frames Systems 08332 Overhead Coiling Doors 08620 Unit Skylights 08710 Finish Hardware 0 Revised 1/30/13 Contract No. PWS13-40UTIL Page 8 of 172 DIVISION 09 -FINISHES 09200 Gypsum Board c 09221 Non-Structural Metal Framing 09651 Resilient Base and Accessories 09870 Tape Coating System with Mortar Shield for the Exterior of Steel Water Pipelines 09881 Polyvinyl Chloride Liner for Concrete 09900 Coating Systems 09911 Painting 09955 Fiberglass Reinforced Panels 09960 High Performance Coatings 09961 Fusion Bonded Epoxy Linings and Coatings DIVISION 10 -SPECIAL TIES 10431 Architectural Signage 10441 Warning Signs 10801 Toilet Accessories DIVISION 11 -EQUIPMENT 11000 General Requirements for Equipment 11002 Rigid Equipment Mounts 11005 Machine Alignment 11010 Equipment Controls 11021 Vibration Isolation Systems 11050 General Requirements for Centrifugal and Axial Flow Pumping Equipment 11 060 Electric Motors 11069 Adjustable Frequency Drives 11104 Aluminum Stop Logs 11109 Fabricated Stainless Steel Slide Gates 11116 In-Channel Grinders 11142 Vacuum Eductors 11304 Custom Engineered Vertical Variable Speed Non-Clog Centrifugal Pumps 11346 Submersible Sump Pumps 11347 Submersible Wastewater Pumps for Constant Speed Applications DIVISION 13 -SPECIAL CONSTRUCTION 13230 Fiberglass Reinforced Plastic Fabrications 13234 Fiberglass Reinforced Plastic Ductwork 13237 RTP Grating 13565 Packaged Bulk Media Biofilter 13900 Modification to Existing Structures, Piping, and Equipment DIVISION 14-CONVEYING SYSTEMS 14611 Monorail Hoist and Trolley 14630 Bridge Cranes and Hoists DIVISION 15 -MECHANICAL 15041 Disinfection of Piping 15043 Testing of Gravity Sewer Pipelines 15044 Hydrostatic Testing of Pressure Pipelines 15050 Piping Systems 15056 Reinforced Concrete Pipe 15057 Copper Tubing, Brass, and Bronze Pipe Fittings 15059 Fiberglass Reinforced Plastic Mortar Pipe 15061 Steel Pipe Revised 1/30/13 Contract No. PWS13-40UTIL Page 9 of 172 0 c 15062 15063 15064 15065 15067 15072 15073 15074 15075 15085 15090 15095 15096 15100 15101 15102 15103 15110 15112 15118 15125 15129 15147 15151 15180 15184 15185 15250 15400 15782 15828 15844 15858 15863 15873 15887 15891 15944 15990 Ductile I ron Pipe Polyvinyl Chloride (PVC) Gravity Sewer Pipe Polyvinyl Chloride (PVC) Pressure Pipe High Density Polyethylene (HDPE) Pipe Stainless Steel Piping Steel Reinforced Polymer Concrete Pipe Double Containment Plastic Pipe Blow off Assemblies Joint Gaskets Piping Connections Expansion Joints and Flexible Metal Hose Piping Appurtenances Pipe Hangers and Supports Valves, General Metal Seated Gate Valves Resilient-Seated Gate Valves Butterfly Valves Eccentric Plug Valves Reduced Pressure Backflow Preventers Spring-Loaded Swing Check Valves Jacked Pipe Casing Full-Port Ball Valves Solenoid Valves Air Release and Vacuum Relief Valves Power Actuated Valve and Gate Schedule Manual Valve and Gate Operators and Operators Appurtenances Power Valve and Gate Actuators and Appurtenances Insulation for Exposed Piping and Equipment Plumbing Packaged Rooftop Air Conditioning Unit Centrifugal Fiberglass Reinforced Plastic Foul Air Fans Gravity Ventilators Centrifugal Roof Supply Fans Propeller Wall Fans Centrifugal Roof Exhaust Fans Disposable Air Filters Sheet Metal Ductwork Louvers HVAC Conditioning Systems Testing, Adjusting, and Balancing DIVISION 16 -ELECTRICAL 16000 General Requirements for Electrical Work 16030 Electrical Acceptance Testing 16069 Active Harmonic Filter 16110 Raceways Boxes and Supports 16120 600 Volt Conductors, Wire and Cable 16140 Wiring Devices 16175 Miscellaneous Electrical Devices 16232 Indoor Standby Diesel Generator 16265 Service Entrance Section Automatic Transfer Switches 16311 Low Voltage Switchboards 16400 Entrance and Security System 16431 Arc Flash, Short Circuit Study, and Protective Device Coordination Report Revised 1/30/13 0 Contract No. PWS13-40UTIL Page 1 0 of 172 c 16445 16450 16460 16470 16500 16640 16920 Transient Voltage Surge Suppression Grounding System Dry Type Transformers Lighting and Power Distribution Panelboards Luminaries Cathodic Protection by Sacrificial Anodes 600 Volt Motor Control Centers DIVISION 17 -INSTRUMENTATION AND CONTROL 17000 General Requirements for Instrumentation and Control 17030 Process Instrumentation and Control System Testing 17110 Instrumentation and Control Panels 17130 Power Supply and Conditioning Equipment 17200 Instrument Index 17211 Process Taps and Primary Elements 17212 Transmitters 17216 Process Switches 17310 Programmable Logic Controller 17316 Operator Interface System 17510 Ambient Air Pollution Monitoring Systems 17715 Security Surveillance System 17900 Control Specifications 0 Revised 1/30/13 Contract No. PWS13-40UTIL Page 11 of 172 APPENDIXES /-APPENDIX A-RESIDENT NOTIFICATION EXAMPLE '--· APPENDIX B-ENCINA WASTEWATER AUTHORITY (EWA) FORMS B.1 EWA Special Use Discharge Permit Application B.2 Indemnity Agreement B.3 EWA Local Discharge Limits APPENDIX C-MISCELLANEOUS STANDARD DRAWINGS City of Carlsbad Engineering Standard Drawings Trench Resurfacing AC Pavement for Trench Widths Less Than 25" Trench Resurfacing AC Pavement for Trench Widths From 26" to 48" Trench Resurfacing AC Pavement for Trench Widths Greater Than 48" Notes for Asphalt Concrete Trench Resurfacing Exploratory Utility Pothole Backfill & Resurfacing (Diam. :s; 8 in.) Carlsbad Municipal Water District Standard Drawings Typical Trench Section 2" Blow-Off I Manual Air Release Assemblies 2" Air Vacuum Valve Assembly & Appurtenances Outlets on A.C or PVC Main for 1" thru 2" Assemblies Fire Hydrant Assembly Valve Box Assembly Concrete Thrust Blocks for Non-Restrained Joints Gate Valve Installation Thrust Block Bearing Areas 4" thru 16" 2" and Under Backflow Installation 3 Inch and Above Backflow Installation Extension Stem and Marker Post Protection Post Zinc Anode and connectors for 1" and 2" Water Service Welded Steel Pipe Section w/Thrust Walls for Slopes and Dips San Diego County Regional Standard Drawings Chain Link Gate Street Survey Monument Fire Hydrant Markers Break-Away Sign Post Pipe Support for Undercut Sewer Mains or Sewer Laterals GS-25 GS-26 GS-27 GS-28 GS-29 W-2 W-6 W-7 W-8 W-12 W-13 W-15 W-16 W19 W-20 W-21 W-23 W-24 W-25 W-34 M-5 M-10 M-19 M-45 WP-09 APPENDIX D-CMWD'S APPROVED MATERIALS LIST FOR USE ON CONSTRUCTION OF POTABLE AND RECYCLED WATER FACILITIES APPENDIX E -EASEMENTS AND ACCESS AGREEMENTS SDG&E. NCTD AND NRG 1) Sewer Easement Agreement Cabrillo Power (NRG) 2) NCTD Amendment to Agreement 3) General Underground Utility Easement SDGE/City APPENDIX F -RESOURCE AGENCY PERMITS 1) Army Corps of Engineers 2) California Coastal Commission Coastal Development Permit Revised 1/30/13 Contract No. PWS13-40UTIL Page 12 of 172 0 c APPENDIX G-PRELIMINARY SUBMITTAL LOG APPENDIX H -SWPPP (90% DRAFT) APPENDIX 1-SOIL AND GROUNDWATER MANAGEMENT PLAN "SGMP" (90% DRAFT) APPENDIX J-PROJECT SIGNS 1) Clean Water State Revolving Fund Sign 2) General Project Sign APPENDIX K-GEOTECHNICAL REPORTS 1) Geotechnical Evaluation Agua Hedionda Lift Station and Force Main; Ninyo & Moore August 3, 2009 2) Environmental Soil and Groundwater Sampling Agua Hedionda Lift Station and Force Main; Ninyo & Moore Sept. 25, 2009 (included in SGMP 90% Draft, see Appendix I) APPENDIX L-UTILITY WORK ORDERS Package 1 UG Removal and Pole Relocation Package 2 Pole to Vault Package 3 Lift Station Service/Meter Package 4 YMCA Service APPENDIX M-TUNNEL CLASSIFICATION APPENDIX N-CWSRF RELATED FORMS AND GUIDELINES -Disadvantage Business Enterprise Forms -Davis Beacon Requirements and Rates -American Iron and Steele Provisions -Vista Debarment Policy and Form -Drug-Free Workplace Certification Form -Certification of Non-Segregated Facilities Form -Nondiscrimination Clause Form APPENDIX 0-DRAWINGS FOR TEMPORARY EMERGENCY BYPASS PUMPS APPENDIX P-STORM WATER MANAGEMENT PLAN (SWMP) APPENDIX Q -NCTD WORK Plan (90% DRAFT) APPENDIX R-SoCaiGas Gas Pipeline Relocation Plans NCTD Work Plan for Gas Pipeline Relocation APPENDIX S -ASBESTOS & LEAD CONTAINING PAINT INVESTIGATION FOR EXISTING LIFT STATION Revised 1/30/13 Contract No. PWS13-40UTIL Page 13 of 172 c CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on April 1, 2015, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL The project includes the construction of a prefabricated steel truss bridge, construction of a 33 million gallon a day capacity wastewater lift station; construction of approximately 4,000 lineal feet of 36-inch diameter HOPE sewer force main pipeline by open cut and trenchless methods of installation; construction of approximately 6,900 lineal feet of 54-inch diameter gravity flow sewer pipeline by a combination of open cut and trenchless construction methods; construction of approximately 290 lineal feet of 42-inch diameter gravity flow pipeline and construction of approximately 11,000 lineal feet of 18-inch and 12-inch diameter PVC recycled water pipeline and appurtenances. The project includes demolition of the existing sewer lift station, removal of a wooden truss bridge and removal of approximately 1 ,200 lineal feet of 42-inch diameter reinforced concrete sewer pipe and the miscellaneous components of the existing sewer. The project also includes approximately 290,000 square feet of Asphalt Concrete overlay work. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer Chat shall remain valid and in full force for a period of 90 days and such additional time as may be mutually greed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten ( 1 0) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 1 0263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts a11d omissions of the agent in connection with the handling of retentions under this section in an amount nq~ less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and technical specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include the City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. current edition at time of bid opening and supplements thereto included as part of the contract documents all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and \,..., ascription of the work. The General Provisions (Part 1) to the SSPWC do not apply. Revised 1/30/13 Contract No. PWS13-40UTIL Page 14 of 170 The City of Carlsbad encourages the participation of minority and women-owned businesses. " · ·The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize ...._.fecycled and recyclable materials when available, appropriate and approved by the Engineer. Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. (Gov. Code§ 7550, 40 CFR § 31.20.) BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. All documents are to be included at the time of bid opening unless otherwise specified. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use. the Escrow Agreement for Security) · , : · 11. Equipment/Material Source List 12. Clean Water State Revolving Fund forms located in Appendix N: A Debarment and Suspension Certification B. DBE Forms i. EPA 6100-3 ii. EPA 6100-4 iii. Clean Water State Revolving Fund Program -Form 1 iv. Clean Water State Revolving Fund Program -Form 2 v. Clean Water State Revolving Fund Program -Form 3 (if Contractor or Subcontractor is DBE) vi. Clean Water State Revolving Fund Program -Form 4 vii. Clean Water State Revolving Fund Program -Form 5 C. Certification of Non-Segregated Facilities Form D. Drug-Free Workplace Certification Form E. Nondiscrimination Clause Form ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $43,500,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. Revised 1/30/13 Contract No. PWS13-40UTIL Page 15 of 170 SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES ~xcept as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor '--pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid (does) involve federal funds. The following classifications are acceptable for this contract: Classification A, General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Plans, various supplemental provisions, and Contract documents are available in digital format only and may be downloaded for the bidder's convenience at no cost from the City's web site: http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each •erson receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to \.., ~ .. he award of the contract, no addition to, modification of or interpretation of any provision in th~ contract documents will be given by any agent, employee or contractor of the City of Carlsb~~ except as hereinbefore specified. No bidder may rely on directions given by any agent, employe.tt or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PAYMENT NOTICE IS HEREBY GIVEN that payment of "PREVAILING WAGES" is required for this Project. The Contractor shall satisfy this requirement by reviewing the State of California schedule of General Prevailing Wage Determination Made by the Director of Industrial Relations given in these BIDDING AND CONTRACTUAL DOCUMENTS and the Davis-Bacon Act Wage Determinations. U.S. Department of Labor given in these BIDDING AND CONTRACTUAL DOCUMENTS. The Contractor shall select the wage rates for this project from the schedule that has the highest level of wages. Notification to the Agency of the wage rates selected by the Contractor is required within ten (1 0) calendar days from the date that the bids were received by the Agency. SB 854; PREVAILING WAGE COMPLIANCE MONITORING Senate Bill 854 created a major change in the way the Department of Industrial Relations (DIR) monitors prevailing wage requirements. All contractors and subcontractors must be registered with the DIR prior to pidding. Registration must be done online and includes a registration fee. All contractors must electronically .;ubmit all certified payrolls records to DIR. · ;_. The prime Contractor shall be responsible for insuring compliance verification. Revised 1/30/13 Contract No. PWS13-40UTIL Page 16 of 170 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM t--;ompliance with the DISADVANTAGED BUSINESS ENTERPRISE (DBE) requirements is required for '--chis Project. The Contractor shall review and comply with all of the regulations contained in these Project Specifications. AMERICAN IRON AND STEEL REQUIREMENTS Compliance with the American Iron and Steel provisions of P.L. 113-16 of the Consolidated Appropriations Act of 2014 is required. PRE BID MEETING A pre-bid meeting and tour of the project site will be held at 10:00 a.m. on Wednesday March 41h, 2015. The meeting will be held at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314; Conference Room 1738. '_~,..,. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS ,,~"1idders are advised to verify the issuance of all addenda and receipt thereof one day prior to ''-,"'idding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (1 00%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent ( 1 00%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by. the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: · ' 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 1 0 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Revised 1/30/13 Contract No. PWS13-40UTIL Page 17 of 170 ; ·y' ------------------------------ Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. (e"~) 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. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2015-037 adopted on t~:b~~~~:.o~~:brua~, 2015. /ii:~e££2:{/ Date Deputy City Clerk Revised 1/30/13 Contract No. PWS13-40UTIL Page 18 of 170 CITY OF CARLSBAD AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT City Council City of Carlsbad CONTRACT NO. PWS13-40UTIL CONTRACTOR'S PROPOSAL c;: 1200 Carlsbad Village Drive ~ Carlsbad, California 92008 ·~ _ rS 0 ·E ~vd~G~N~h~r~tf~~----------- The undersigned declares he/she haa carefully examined the a n of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PWS13-40UTIL in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" SEWER AND LAGOON BRIDGE REPLACEMENT Item No. Description Approximate Quantity And Unit A-1 Gravity Sewer Installation at LS 0VtL th\ll oil\ I eyw l.l...,.,A~c\ T~\;~ ~J~t-- 1[....~.~)"~ I 'f1..t(_ U,!~Jd¢ (). \\ll,() (Price in Words) A-2 Lagoon Bridge Construction & LS Trestle Demolition at T~ f'\\\tro~ . tow 1-ta.~a.J llw-~ 11\ru.-~ £ljk+-'~...._drr.~ fl(IAJ.) (Price in Words) A-3 A-4 Sheeting, Shoring, and Bracing at LS ~:r~~~~~RS (Unit Price in Words) Protection and Relocation of YMCA Facilities at-. "3 l-H ~J F\ \J c. \ Hol.l.St\ No Dc!IARS (Price in Words) LS Total amount of bid in words for Schedule "A": Unit Price (Figures) s35 1 <J:Jo. t() f'o.,1,-fvl\\\to11 /k. b\vto.Orcc\ \ l,o.")O fi.y,u~ ~\\«.r..S Total Amount (Figures) '-/ t:JD Total amount of bid in numbers for Schedule "A":$ ----L,.~· -'--'( D:::.__2--l,'--'D=----=0::.._0.::........::... ______ _ ft Revised 1/3/13 ~ Contract No. PWS13-40UTIL (Addendum #4) Page 19 of 170 SCHEDULE 118" LIFT STATION AND FORCE MAIN Item No. Description Approximate Quantity And Unit B-1 Lift Station Improvements at LS b~ ~•1\u"-Ftv(... ""~ ~ ~~~ 0.\\4rJ (Price in Words) B-2 Sewer Force Main Installation at LS B-3 B-4 ~(Z:EE:; M, l \'tc~ I nw 12--\!uNJ)fc£D L\.Uq.try5E.-'J~o~ND AND (Price in Words) ()f'.l~ -\-\uN-oflED tp\~ Sewer Forcemain High Point Assembly !rrift~~;~s;.u~ (Unit Price in Words) --:De~ Sheeting, Shoring and Bracing at ~Jr£\}T~N~~~ (Unit Price in Words) 1 EA LS Unit Price (Figures) $ g, IOO. 00 Total Amount (Figures) s41 J too. ()O Total amount of bid in words for Schedule "B": G1)~'""111 M~.Uto"'-N-1\t... 1-W~dd £u~ry-£rur tkv"~ Oct I~~ Total amount of bid in numbers for Schedule "B": $ \ ~. 4 6 4. f)" 0. 00 . .. SCHEDULE 11C" INTERCEPTOR SEWER IN AVENIDA ENCINAS Item No. Description Approximate Quantity And Unit C-3 Steel Water Pipeline at LS -P~~~ciri\~~J{e~ (Price in Words) 1)o \\A~ ft Revised 1/3/13 Q Contract No. PW513-40UTIL (Addendum #4) Unit Price (Figures) Total Amount (Figures) s \ \1;C1oo . ~o Page 20 of 170 Item No. C-4 Approximate Quantity Description And Unit Jacking Pits at --.-LS ON-6 1\,\,t\ic:>/{, 'S\ '(\'jl~o \\\O\J~11 ~ F\\.{ ~ \:\v.,A r<.J Pe\\6.6 (Price in Words) C-5 Receiving Pits at LS ON6 r\ ,u_,ON 1 :Tw(J.a'T''f F.'Je 1L~~ "T v.)O ""~cb-t.d Q \Ia r $ (Price in Words) C-6 Additive Bid Item; Tunneling 10 DAYS Stand-by at rou CL1i{ou5AN D, S lX ituNDOJ:ED ~rJ o~eJ ])a\~ (Unit Price in Words) Sheeti g and Shoring at T\).)~ n~~MD n·:: E.\/~J\1 __ ND ]).c\)&RS C-7 LS Unit Price (Figures) s\,O(o~,~. 01) s4.~1().(X) . s 257, aca.oo (Price in Words) C-8 ..,--2" AC Grind and Overlay at _lS $ 4·1~!\ ~l'JO .~ ~~~~oSE:\1\S~N \~D t\\1, \OtJ.CU AN~ ON£ \\\.:>NO ~D I:bl (ARS (Price in Words) C-9 Pavement Striping and Markings LS s4?, 00() .oo at _ ____.. ~ \-\\-0\lSA~ (Price in Words) C-10 Traffic Con rol at LS s1J ol ooo.oo FoVv \~ (Price in Words) C-11 Additive Bid Item 1 EA s '2D) ~oo. ()0 Obstruction Removal Shaft ~n~5 \t\ cUSA Nn (Unit Price in Words) Total amount of bid in words for Schedule "C": Total Amount (Figures) s\ ,O(o~CC .. Cb {2.57, 000. ()Q s43JDOO.OO s+lO, Ooo.oo s ~J bOO. Oc -d ~rtan M 11\ho10.. C•j~+ itvlflJnJ h ~., Omz.. ~us~ Bjl.-l--IJca"dtt,J Oo(l~ .,., Total amount of bid in numbers for Schedule "C" ----fl-3 ...... ,~. _,8~~~1 ,.-=e_o_D_· ____ _ 0 Revised 1/3/13 Contract No. PWS13-40UTIL (Addendum #4) Page 21 of 170 SCHEDULE 11D" AVENIDA ENCINAS RECYLED WATER LINE Item No. Description Approximate Quantity And Unit Unit Price (Figures) D-1 Construct Recycled Water Pipeline (North of Station 73+ 76) LS $1~\ J ~.CJ:) at :5Ev~-\\UI'I= ANo<JNE; \~SAND£::T fh.Jt{O(ZED:\)o\~ (Price in Words) D-2 Construct Recycled Water Pipeline {South of Station 73+76) LS s3,\ \~f\OO.aJ D-3 ~~tv\\ l\\.oN () 1'-\E. \-\IJtn>RaJ ~\lSf\~1 Fov R..t\\J~ (Price in Words) \)o \ \A;R..5 LS (Price in Words) Total amount of bid in numbers for Schedule "D": $3) cg5(Q \ ;)S:J:). \:)\:::) Item No. E-1 E-2 SCHEDULE 11E11 GENERAL PROJECT BID ITEMS Description (Price in Words) Project Closeout and Demobilization at Fo~ \HOMBAD (Price in Words) Approximate Quantity And Unit LS LS Unit Price (Figures) shooo,aco.oo E-3 CPM Schedule Development at LS T-NCtt\'/ \tio~D ~D B ~e. \lv...N=R:Lo \(1<5 s 1!J) SOQ. 00 (Price in Words) 0 Revised 1/3/13 Contract No. PWS13-40UTIL (Addendum #4) Total Amount (Figures) {7or. ~ro .oo • Total Amount (Figures) sb ooo, Coo. oc Page 22 of 170 Approximate Item Quantity No. Description And Unit E-4 CPM Schedule Updates at S110,000 One hundred and ten thousand Stipulated dollars Amount (Price in Words) E-5 Class 11A" Field Offices at 2 EA Twa -H u..~ ti\Z .. t::-o AJJ D \Se~e~\BEN\H{)Q~ lJ,((-Af$ (Unit Price in Words) E-6 Right of Entry Permits and Insurance for SDG&E, NRG, LS NCTD, EWA at ~Qf~ouSAND (Price in Words) E-7 SWPPP Certification and BMP Establishment at LS () ~ t::.-\\ \lNUR.ED k Nt> \'tl ~p HINSAN\> J:b\l·M2S (Price in ords) E-8 SWPPP Monthly BMP S480,000 Maintenance thru Close-Out & Stipulated N.O.T. Amount Four hundred and eighty thousand dollars (Price in Words) E-9 Additive Bid Item Treat and Process Potentially 4 WEEKS Contaminated Groundwater F(jJ..~ \\lDIJ~~D b.~ D. · \wo ~u~ b\2£0 l)o~\-/\R5 (Unit Price in Words) E-10 Allowance for site security at STIPULATED NRG PROPERTY ALLOWANCE One hundred and twenty thousand dollars (Price in Words) ft Revised 1/3/13 Q Contract No. PWS13·40UTIL (Addendum #4) Unit Price Total Amount (Figures) (Figures) $110,000 $110,000 s'lf?, ooc .oo sA-?~ <JOG.ac - s(o~, (JOG .(}0 ) sloC, oro. Oo si 2J:J,crJJ.OO • s \'20, 000 .0() S480,000 S480,000 s4 .20a. tJt; s ltn} ~00. 0\) S120,000 S120,000 Page 23 of 170 ""' .. Total amount of bid in numbers including Schedule "A", Schedule "B", Schedule "C", Schedule "D" and Schedule "E": $ Ltt.\ , I~£ '300 . I The basis of award will be the sum of Schedule "A", Schedule "B", Schedule "C", Schedule "D" and Schedule "E". Price(s) given above are firm for 90 days after date of bid opening. .a-.. Revised 1/3/13 ,... . ., Contract No. PWS13-40UTIL (Addendum #4) Page 24 of 170 Addendum(a) No(s). 1, 2, 3, 4, 5, 6 In this proposal. has/have been received and Is/are Included Tho Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. By submitting a sealed bid, the Contractor acknowledges to and for the benefit of the City of Carlsbad and the City of Vista ('Purchaser") and the State of California Clean Water State Revolving Fund (the KState") that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel;" that requires all of the Iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the Iron and steel products used In the project will be and/or have been produced In the United States In a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified Information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding a'ny other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) Incurred by the Purchaser or State resulting from any such failure (Including without limitation any impairment or Joss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of Its project, the Purchaser and the Contractor agree that the State Is a thirdM party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. The Contractor shall provide step certification as described in the March 20, 2014 USEPA memorandum "Implementation of American iron and Steel provisions of P .L. 113-76, Consolidate Appropriations Act, 2014. The Undersigned bidder declares, under penalty of perjury, that the undersigned Is licensed to do business or act In the capacity of a contractor within the State of California, validly licensed under license number 528519 , classification A which expires on 04/30/2016 , and that this statement Is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and-shall be rejected by the City §7028.15(e). In all contracts where federal funds are Involved, no bid submitted shall be Invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract Is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: () Revised 1/30/13 Contract No. PWS13-40UTIL Page 25 of 170 :heck A License -License Detail -Contractors State License Board Page 1 of~ ~Contractor's License Detail for License# 528519 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. trhis license is current and active. Business Information PULICE CONSTRUCTION INC 2033 WEST MOUNTAIN VIEW ROAD PHOENIX, AZ. 85021 Business Phone Number:{602) 944-2241 Entity Corporation Issue Date 04/18/1988 Expire Date 04/30/2016 License Status \. ~'~_!!_!!!!_ormation below should be reviewed. I A-GENERAL ENGINEERING CONTRACTOR I B-GENERAL BUILDING CONTRACTOR L _____ . ____ _ Classifications Bonding Information Contractor's Bond /This license filed a Contractor's Bond with FIDELITY AND DEPOSIT COMPANY OF MARYLAND. ~ond Number: LPM09066975 !Bond Amount: $12,500 !Effective Date: 04/15/2012 I ____ j ~~r~tract~r's Bond Histo-'-ry _________________________________ _ Bond of Qualifying Individual ~his license filed Bond of Qualifying Individual number LPM09143308 for FRAZIER MAX GORDON in the amount of $12,SOO-witi1·--· IDELITY AND DEPOSIT COMPANY OF MARYLAND. ffective Date: 02/12/2014 ---------·---- Workers' Compensation l lis license has workers compensation insurance with the AMERICAN ZURICH INSURANCE COMPANY J olicy Number:WC595373601 ffective Date: 12/01/2013 xpire Date: 12/01/2015 c...:..orkers' Compensation History ·------------____..] 1ttps :/ /www2.cslb .ca. gov I onlineservices/ checklicenseii/LicenseDetail.aspx?L ic ... 4/22/201: :heck A License -License Detail -Contractors State License Board ! Personnel listed on this license (current or disassociated) are listed on other licenses. ! c Page 2 of: 1ttps://www2.cslb.ca.gov/onlineservices/checklicenseii/LicenseDetail.aspx?Lic... 4/22/201: c Public Work's Contractor Registration Search Page 1 of 1 fK!ll~~·~•iv t!iflt~lft@IJ ~-~ Division of Labor Standards Enforcement Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1(commencing with section 1720) of the California Labor Code. Enter at least one search criteria to display active registered public worl<s contractor(s) matching your selections. Registration Number: Contractor Legal Name: License Number: 528519 Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name PULICE CONSTRUCTION INC Contractor License Lookup Registration Number 1000002792 License Type/Number(s) Registration Date Expiration Date CSLB:528519 11/14/2014 06/30/2015 Export as: Excel I PDF Copyright© 2014 State of California https://efiling.dir.ca.gov/PWCR/Search.action 4/22/2015 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is -'B=o.:..:.n..:::.d _______ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted __ N_/A _________________ _ {2) Signature (given and surname) of proprietor-------------------- (3) Place of Business---------,----------------------- (Street and Number) City and State------------------------------ (4) Zip Code--------Telephone No. _______________ _ (5) E-Mail ___________________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted _ _..;N:....::..:./A-=------------------ (2) Signature (given and surname and character of partner) (Note: Signature must be made by general partner) (3) Place of Business---------=-=-:----:-:--:---:---:----------------- (Street and Number) City and State------------------------------ (4) Zip Code _____ _ Telephone No.------------------ (5) E-Mail ____________________________ _ Revised 1/30/13 Contract No. PWS13-40UTIL Page 26 of 170 IF A CORPORATION, SIGN HERE: (1} Name under which business is conducted: Pulice Construction, Inc. (2} Signature -~/b~~~~~~~-----------------:--:-- Victor M. Jimenez Title: -~~~~~~....>£.!.~01!.!._-------------------l Impress (3) Incorporated under the laws of the State of __ C_a_lif_o_rn_i_a _______ -..111 City and State __ S_a_n_D_i -=-...:....._C_a_li_fo_r_n_ia _____________ ~ (4) Place of Business 591 Camino De La Reina, Suite 1250, San Diego, CA (4) Zip Code _9_2_1_0_8 ____ _ Telephone No. __ 61_9_-_8_14_-_3_70_2 _______ _ (5) E-Mail __ v_m..!...ji_m_e_n_e_z_a...:::@:::...;p~u_l_ic_e_.c_o_m ____________________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a ,, partnership, list names of all general partners, and managing partners: Victor M. Jimenez Chief Operating Officer Revised 1/30/13 Contract No. PWS13-40UTIL Page 27 of 170 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California A notary public qr other officer com7cleting this . . ~ertificate v~rifies only the identi of tfie . mdtvt~ual w~o stgned the document, o which this certificate ts attached, and not the truthfulness accuracy, or validity of that document. ' On Ap~ \ J, 20 IS before me, --.J...-L.l-l...L.~~-!Vti_l'---::""-__,_' \:--'")~~~--::-.-t---::::--'~..t=...::..._--=-+--~-..-=----:::::::-=----=-- personally appeared Vi c.iz>v j( o1RneL who proved to me on the basis of satisfactory evidence to be the personY.1 whose name i Me subscribed to the within instrument and acknowledged to me that ~/they executed the same i i th&ir authorized capacity~, and that b~/their signatur~ on the instrument the person0J, or the entity upon behalf of which the person(J? 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. (}/;:;Jf:l!;;c(;. f} (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT C':GI-t\wr(•±zvs ~~· (Title or description of attache ocument) itle or description of attached document continued) Number of Pages_\_ Document Date ____ _ (Additional information) CAP ACIJY CLAIMED BY THE SIGNER CiY"individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other ------------------------------ CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/t;ftey;-is /Me) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document EQUIPMENT/MATERIAL SOURCE INFORMATION (To Accompany Proposal) AGUA HEDrONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11 B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13~40UTIL The bidder shall indicate opposite each item of equipment or material listed below, the name of the one supplier and manufacturer of each item or equipment or material proposed to be furnished under the bid. Awarding of a contract under this bid will not imply approval by City or the manufacturers listed by the Bidder. E ui ment I Materials 1. Force Main Pumps 2. Lift Pumps 3. Variable Frequency Drives 4. 5. 6. Steel Truss Bridge 7. Biofilter and Humidifier 8. Motor Control Center l'br~~ Revised 1/30/13 Contract No. PWS13-40UTIL Page 28 of 170 BIDDER'S BOND TO ACCOMPANY PROPOSAL AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL KNOW ALL PERSONS BY THESE PRESENTS: Liberty Mutual That we,Pulice Construction, Inc., as Principal, and Insurance Compan)f as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (1 0%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTJL in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 1/30/13 Contract No. PWS13-40UTIL Page 30 of 170 : In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Principal: Executed by SURETY this _,7-=th:.:.._ ___ day of April , 20...1.5_. Pulice Construction, Inc. By: nam~e of Principal) SURETY: ___:Lo::.ib::::ce::..::r..:..ty'-'M=uo.:;tu=al=-=I.:.:n""'su::.::r-=an:;:.c::.:e:-C:=:-o""m=p-=an:..:.yJ--____ _ '" here) (name of Surety) Steve (_jy?rp./;;e(/ <ft. V f -~-:_~t_!e-=;_k~_1:_Y_;2_t~-~~.,....,t --,------ (print na~ere) (address of Surety By: (~ ~ (sign here) 339 832 5255 ~T.../rf~.J--fu'-lcL~ B ~~--~~~~~~~~~~~~-------(print name here) ) c (. .A..C JliiA. '( I ? .... L ~ c .:--(~~ "" ... ~.) ,"J:uc. ·-------fl<---.1-,............,..""-4.4........,~--------- (title and organization of signatory) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL 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 Revised 1/30/13 Contract No. PWS13-40UTIL Page 31 of 170 NOTARY ACKNOWLEDGMENT State of Arizona County of Maricopa ) ) ss. ) On 31st of March , 20 __!2_ before me, Monica Zahmdt , Notary Public, personally appeared Steve Campbell 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 __ A--=-=ri=-zo.:..:n:::..:a.:..__ ____ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1/~~· ~ MONICAZAHRNDT : '{ ~ ... · '; NOTARY PUBUC-ARIZONA ~'~': · MARICOPA COUNTY :=. / 1\.fy Commiaaion Expires Nov. 02. 2011 (seal) '---·------_J My Commission Expires - CALIFQ.RNIA ALL~:eu ·. 'bSE AGKNOWLEDGMBNT 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. for Surety State of Massachusetts County of Suffolk On April 7, 2015 before me, Jane Gilson, Notary Public, personally appeared Jean 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 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. e of Notary Public Jane Gilson JANE GILSON ~ Notary Public WCommonwealth of MassachuseHI My Commission Expires May 9, 2019 : ~Liberh.· ~MutuaL LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT-DECEMBER 31,2014 SURETY Assets Cash and Bank Deposits......................................... $744,221,142 *Bonds-U.S Government..................................... 1,718,117,704 *Other Bonds ............................................................ 11,205,872,087 *Stocks..................................................................... 9,533,437,819 Real Estate.............................................................. 277,742,849 Agents' Balances or Uncollected Premiums........... 4,150,041,316 Accrued Interest and Rents .................................... . 129,26I,358 Other Admitted Assets .............................................. 14.896.464.393 Total Admitted Assets ..................................... $42 655 I 58 668 Liabilities Unearned Premiums ................................................ $6,288,178,795 Reserve for Claims and Claims Expense ................. 16,879,324,618 Funds Held Under Reinsurance Treaties................. 211,983.009 Reserve for Dividends to Policyholders ................. . Additional Statutory Reserve ................................ .. Reserve for Commissions, Taxes and I ,246,547 40,877.587 Other Liabilities ..................... ........................... 2.664.248.124 Total ................................................................. $26,085,858,680 Special Surplus Funds................. $53,954,363 Capital Stock............................... I 0,000,000 Paid in Surplus ............................ 8,829,117,542 Unassigned Surplus ..................... 7,676,228,083 Surplus to Policyholders ............................... 16,569,299,988 Total Liabilities and Surplus ................................ $42 655 I 58 668 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. I. TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2014, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 20th day of March. 2015. Assistant Secretary S·1262LMIC/a 3/15 u; CD s r:: ...:-E --cu 'O::::J e., uCD .... ::I o-._cu CD> =-CDCU _::I aiS -CD o_ r::cu ~'-CD-C) til THIS ROWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. T.h!s 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. 6676592 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: Brvan Huft: 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 7th day of August , ~. STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company On this 2!!::_ day of August , 2014 , 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 su nd affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. C()Ri\,lCt)\l\1£/\lTR OF PENNSYLVANIA By: ~ ~ Teresa Pastella . Notary Public This Power of Attorney is made and execute ority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, Insurance Company which resolutions are now in full force and effect reading as follows: 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 cue .,CD t::-0.5 E ~ ... s ocu :; ~ 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. ~ g 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, > e 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, o 5 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 Z u 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. . 1 ~ 1 1 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2.!!i__ day of /tff!.IL , 20 I J . c By: -~-=---L..c----__;_~!J-~_.._ ____ _ Gregory W Davenport, Assistant Secretary LMS_12873_122013 11801200 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", "Work" and "Portion of Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 1/30/13 Contract No. PWS13-40UTIL Page 32 of 172 0 Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 1/30/13 Contract No. PWS13-40UTIL Page 33 of 172 0 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11 B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL 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 ($1 0,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Portion of Work AC Paving Portion (B-1 ,B-2,C-1, C-3 C-8,D-1 ,D-2) SUBCONTRACTOR'S BID ITEMS . Subcontrac~r;~me and Loca .. on of Business . \.)At~~~ ~~70-~'1 C!7 L.A~s\~,0!.~ Subcpntrac~r's License Arno11nt of Work by SUbcontractor in N~. arid qlassificafion Do !!ius* A~ct'5 -545, 05D·~ Shoring I~\WPN~~bN ~1> \.t{f {. \4\. \tD Portion (A-2, A-3, B-1, B-4 ~(Q~c;-~\A txcev-JctP\ C-1 thru C-5,C-7, D-2,D-3) I~ (<lD b"D~ q 2--\ ~ Electrical r\) 'l N-AELB 'TA "1'1'5 i"~\ ._," .:r qtq .Q.t\5.( Portion (B-1) ctSoS'~~~ 'lA-C1.f""]B_1 S1) I~ C-(~1~ Microtunneling NAl>A ...--\".f\C:t-8 v A. 'l?l\<Jq3 ~ 1 t'1 ~ I I' .A 1 ~--· ./ 'V Portion (C-2, C-6, E-1) r~200 S.w AV~ I~ ,q3;;) 1\9. ( ~~.e_Aq~ Horizontal Directional Drilling \\'\)~ ~o f'J\.. \)PI N '-1 ~S~Cf<Oi \ .~~~.('ffi .ci Portion (B-2, E-1) 3\~\ C,;~f't'\~.N 1>li!V~ ' ~\..1 Vlf7C+. ~ ~ Cf:> 7- Precast Piling Tpico Engineering 928364 $300,000.00 Portion (A-2) 425 E. Redondo Beach Blvd Gardena, CA 90248 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." Revised 1/30/13 Contract No. PWS13-40UTIL Addendum 6 Page 34 of 170 ~ h\\ ~ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11 B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL 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 ($1 0,000), 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 ·.· ... ··· . :<: ;:, Subcontrc~ctor ~~an.•and t.::O'eatian. Sl.lb ·.·!. ctOt's license Amount of Work by .,. Portion ofWork . · of ~q~i~$$ " . No. a'' Subcontractor in Classification ··' · ,,':,~ Domus"' . ··.· .:.:·>; . Instrumentation/Monitoring Soldata $407,216.00 Portion (8-2,C-2,C-6,E-1) 34{~ ~{>\J\.~-~·tta: ~.CA. qao?A- Quality Control Twinning N/A cl.OO ') ooc. ~ Portion (A-1 ,A-2,8-1 ,8-2,8-3) \YJ...t;D WI\~~\- S\), ~ -~ U2-1 C:_{)~~rJ(~J\rY1N~ d-3~4-A CTlll ""..-" Painting/Coatings •-u \' ~JV .v Portion (A-1, A-2, 8-1, C-1) \0~\4-~~ I~\ z._l %J; ,q o~=t.f\ <10(o'n> I HVAC Alpha Mechanical 847444 $410,000.00 Portion (8-1) 4885 Greencaig Lane San Diego, CA 92123 Reinforcing Steel Gerdau 974202 $1 ,402,645.00 Portion (A-1 ,A-2,8-1) 3880 Murphy Canyon Road, Suite 100 San Diego, CA 92123 <'~~~1bo~ C,p..\~ .~u<qCW... ~~q~o cl.4~ ~ '\ ?l> ~t:)~(\D~( t.-\ c.,.~) 3CA<:>e:~ ......-coo. ~~)l-o-,~~ 0\~ Page ----=2 __ 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." Revised 1/30/13 Contract No. PWS13-40UTIL Addendum 6 Page 34 of 170 \1 J v. ~ c BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC118-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used . Date .. Contract N«urw e~nd Addr~~s •· Cof11plet~d of th.e Employer SEE ATTACHMENT l' Revised 1/30/13 . ., · ... .. Amount Nam~ an~ Pilon~ No. pf . of Person to. Contre~ct .. Type of Work Contract Contract No. PWS13-40UTIL Page 35 of 170 Jun-06 Jan-09 Jul-09 Oct-10 Nov-12 Construct 3.63 miles of urban divided freeway along a new alignment. Six concrete bridges, one concrete box culvert, concrete paving, drainage facilities including 23,950 LF 21" to 90" storm drain, lined concrete channel, pump station, 4,827 LF 8'' & 12" DIP main, 380 LF of 12" & 16" sanitary sewer, signing, pavement marking, lighting, traffic signals, utility relocations. Construct 2. 7 miles, six lane urban divided freeway with concrete structures at Union Pacific Railroad, 3 consolidated canals, roadway excavation, asphaltic concrete paving, basin, removal and relocation of water and sewer lines (install12,000' of DIP and reclaimed water lines (12" -16''), install RGRCP and CHDPE storm drain, sewer, relocating utilities, curbing, signing, pavement marking, signalization, lighting, pump stations, retaining walls, sound walls, highway bridges, box culverts. I Job 2.50 I an urban divided freeway with three traffic interchanges, eight new concrete two CAP canal bridges, 11 RCB culverts, four RCB culverts equipment passes, retaining and sound walls, drainage facilities, storm water pump station, pavement markings, signing, lighting, signals, utility removals and relocations. Prime Contractor I Broadway 2A Construction of new sanitary sewer line on Broadway Road from 51st Avenue to 33rd I Broadway 28 I new 36' sanitary sewer line from 33rd Avenue to 1oth Avenue along the Prime Contractor I !Broadway 2C I Install new 36' sanitary sewer line from 33rd Avenue to 10th Avenue along the Contractor Maricopa County $47,704,946.00 I Cities of Chandler and Gilbert, A2 Maricopa County $196,285,407.00 I Mesa, A2 Maricopa County $11,599,14g.oo I Phoenix, AZ Maricooa County $18,582,694.00 Phoenix, AZ. Maricopa County $10,360,000.00 Phoenix, A2 Maricoca County Page 1 of 1 Department of Transportation lntermodal Transportation Division S. 17th Avenue Phoenix, A2 86007-3213 jArizona Department of Transportation !Construction Management Division W. Washington St., 8th Floor A2 85003 534-2297 W$90500144 1 Construction Management Division 200 W. Washington St., 8th Floor Phoenix, A2 85003 (602) 534-2297 Project Number: WS90500144 Number: W$90500144 c BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) AGUA HEDIONDA SEWER LIFT STATION1 VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC151 AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice I nvlting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. {'\ Revised 1/30/13 . ., Contract No. PWS13-40UTIL Page 36 of 170 AC::~ CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDIYYYY) ~ 05/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk services Northeast, NAME: Inc. PHONE I rffc. No.): Jericho NY Broadway office (A/C. No. Ext): 390 North Broadway E·MAIL Jericho NY 11753 USA ADDRESS: lNSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: American Guarantee & Liability Ins co 26247 Pulice construction Inc INSURER B: zurich American Ins Co 16535 2033 West Mountain view Road Phoenix AZ 85021 USA INSURERC: INSURER D: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 570057842600 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested l'~f'~ TYPE OF INSURANCE 1 f~~6 lw.J~ POLICY NUMBER ·~~li\'6~ ·~~~~'6~ LIMITS B X COMMERCIAL GENERAL LIABILITY GLOUU!IL/U/UU lL/Ul/LUl4 llL/Ul/ LUl> EACH OCCURRENCE $3,000,000 -:::J CLAIMS-MADE 0occuR ~~~~~~~~E~~~,;;,nce\ $300,000 -MED EXP (Any one person) $10,000 -PERSONAL & ADV INJURY $3,000,000 -GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $6,000,000 ~ 0PRO-0 $6,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG OTHER: A AUTOMOBILE LIABILITY BAP5953641-01 12/01/2014 12/01/2015 COMBINED SINGLE LIMIT $2,000,000 lEa accident\ X ANYAUTO BODILY INJURY (Per person) -ALL OWNED r-SCHEDULED BODILY INJURY (Per accident) -AUTOS 1--AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X i (Per accident) x r-AUTOS Camp/Coli. Ded. $1, A X UMBRELLA LIAB ti OCCUR AUC525204401 12/01/2014 12/01/2015 EACH OCCURRENCE $25,000,000 -AGGREGATE $25,000,000 EXCESS LIAB CLAIMS-MADE OED I X I RETENTION HO' 000 B WORKERS COMPENSATION AND WC595373601 12/01/2014 12/01/2015 X I PER STATUTE I IPTH-EMPLOYERS" LIABILITY Y/N ER ANY PROPRIETOR I PARTNER I EXECUTIVE ~ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} RE: Agua Hedionda Sewer Lift Station, Vista/Carlsbad Interceptor Sewer Reaches VC11B-VC15, and Recycled Water Line Project, Bid No. PWS13-40UTIL, Project No. 3492, 3886, 3949. city of carlsbad, its off1cials, employees and volunteers are included as Additional Insured in accordance with the policy ~rovisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability evidenced erein are Primary and Non-contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER City of carlsbad Public works Purchasing Department 1635 Faraday Ave. Carlsbad, CA 92008-7314 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01} The ACORD name and logo are registered marks of ACORD 0 0 <D "' .... "' ..... "' 0 0 ..... "' 0 z .! Ill .g :e CD u POLICYNUMBER:GLO 0082707-00 COMMERCIAL GENERAL LIABILITY CG 20 370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE FULL V. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Carlsbad, its officials, employees and Agua Hedionda Sewer Lift Station, Vista/Carlsbad interceptor sewer reaches VC11 B-volunteers VC 15, and recycled water line project, Bid #PWS13-40UTIL, Project# 3492,3886,3949, City or ~arsmaa, ~A Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20370413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 6 of6 ©Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: GLO 0082707-00 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations TheC!!X ot carlsbad, 1ts ott1c1a1s, employees Agua Hedionda Sewer Lift Station, and volunteers Vista/Carlsbad interceptor sewer reaches VC11 B-VC15, and recycled water line project, Bid #PWS13-40UTIL, Project# 3492,3886,3949, City of Carslbad, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 5 of6 Notification to Others of Cancellation, Non renewal or Reduction of Insurance 8 ZURICH~ Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem. GL0008270700 12/01/14 12/01/15 5/22/15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel or non-renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non-renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part(s) is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. Name and Address of Other Person(s) I Organization(s): The City of Carlsbad, its officials, employees and volunteers SCHEDULE Number of Days Notice: 30 U-GL-1447-A CW (05/10) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1447-A CW (05/10) Page 2 of 2 April 2, 2015 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: City of Carlsbad, CA Contract # PWS13-40 UTIL To whom it may concern: 0 ZURICH One Liberty Plaza-31". FL New York, New York 10006 Telephone: (212) 553-5372 Telefax: (516)213-70471 This letter will confirm that Pulice Construction, Inc. has the ability to obtain insurance coverage for Workers Compensation, General Liability, Automobile Liability Employer's Liability in conformance with the bidding documents through Zurich American Insurance Company subject to full review and underwriting qualifications at the time the bid is awarded. Please feel free to contact me at 212-553-5372 if you need additional information. Thank you. Aenberto Valedon ~~ Sr. Account Executive Zurich North America _ ~m to before me this date, 0/ dayof 14~·0/\ g ~ .. ," N~uauc MARGARET DAMITZ Notary Public-State of New York / No. 01DA5076938 7 Oualilled In Richmond County My Comrnlalon Expires Aprtl28, 2b- BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) AGUA HEDIONDA SEWER LIFT STATION7 VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11 B-VC15, AND RECYCLED WATER LINE PR.OJECT CONTRACT NO. PWS13·40UTIL 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency penod of debarment period of debarment BY CONTRACTOR: Victo . Jimenez, Chief Operating Officer (print name/title) Page _1_of 1 pages of this Re Debarment form {"\ Revised 1/30/13 . ., Contract No. PWS13-40UTIL Page 37 of 170 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1 or 3 above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of th · 1 r d th d. · r r t k th f e v1o a 1on an e ISCiplmary ac 10n a en ere ore. (If needed attach additional sheets to provide full disclosure.) Page _1_of 2 pages of this Disclosure of Discipline form () Revised 1/30/13 Contract No. PWS13-40UTIL Page 38 of 170 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC118-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL 6) If the answer to either of 2 or 4 above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: By: ---6§(};~~~~---- si Victor . (print name/title) Page _2_of 2 pages of this Disclosure of Discipline form l\ Revised 1/30/13 . ., Contract No. PWS13w40UTIL Page 39 of 170 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC118-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL The undersigned declares: I am the COO of PCI , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of th~Stata of California that the foregoing is true and correct ~nd that this declaration is executed on ~FR\ L \ 4 1 , 20_1!..05~-- San D1e o [city], CA [state]. ~'\ Revised 1/30/13 "IIi~ Contract No. PWS13-40UTIL Page 40 of 170 ·-CONTRACT PUBLIC WORKS This agreement is made this q{h day of 3 u[:tr , 20(6", by and between the City of Carlsbad, California, a municipal corporation, (hereinafr 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: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13·40UTIL (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, 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 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. 4. Payment. 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 General Provisions section of this contract. 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. 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 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. f' Revised 1/30/13 . ., Contract No. PWS13-40UTIL Page 41 of 170 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 of the following: 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. 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 11 01-1525) 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. 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. o Revised 1/30/13 Contract No. PWS13-40UTIL Page 42 of 170 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. 9. 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: $1 ,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: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. 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. o Revised 1/30/13 Contract No. PWS13-40UTIL Page 43 of 170 (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 retention 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 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. 10. 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 20104.2(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. o Revised 1/30/13 Contract No. PWS13-40UTIL Page 44 of 170 (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. I have read and understand all provisions of Section 11 above. C.f.. init T? init 11. 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. 12. 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. 13. 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 b~ physically amended to make such insertion or correction. '('\ Revised 1/30/13 .., Contract No. PWS13-40UTIL Page 45 of 170 14. Additional Provisions. Any additional provisions of this agreement are set forth in the l "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof . .......... c NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR Fu LJCE' C.oAST"'""''-1l=u..J, :C-lc.. (name of Contractor) By: CD-:~ (sign he t\-\~'~ t.t>C.C.f.S / P~~·oe~-r (print name I title) By:~~~ t'(S(gflhere) CITY OF CARLSBAD, a municipal corporation of the State o~~ By:24( ayor ~S c(f ~ fu ·w~L4) .r.:c. A..C"'i'~"-Y ' (print name I 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 Attorney o Revised 1/30/13 Contract No. PWS13-40UTIL Page 46 of 170 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tbr Principal A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cettificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca. l i tbvr\ lv County of ~Vl 1)\-<:0D .fL..;; . 1 A • "\ V\ y r\ Vl(..W.._ --rm \ ":) On \.)\A V\e._ ~ ~ ~20 15 before me, en LL , Notary Public, personally appeared 0/\ f5CXJf 'S who proved to me on the basis of satisfactory evidence to be the person~ whose name~trre subsctibed to the within instrument and acknowledged to me tha@'~/they executed the same in~rer/tlreb: authorized capacityVs), and that by ~heir signaturc!A on the instrument the person~), or the entity upon behalf of which the person(s} acted, executed the instrument. r8.:.. ...... . MINDA THAIS CAI.E t .. ' Commilsion No. 2079598 n 5 NOTARY PUBLIC-CALIFORNIA i . ~ SAN DIEGO COUNTY - L . illian~--23.2018~ ... . 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 jCALIFORNIA 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 ofthat document. Stateof A/ew h/! County of M W Yo! 1- 0n Ql.(lh~ [J;~ e 20!5 before me, ,.h,GcKI t'oc1 , Notary Public, personally appeared -"C ~b P;' k\o... 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 cotTect. WITNESS my hand and official seal. Signature __ A/t~ .............. ,.'IJ ..... vn""""'·~,~.._r-=izl~-----s· fN P br ....: t.Kfiatu~ o otary u lC .... .... • ALISON G PORT ~ Notary Public -State of New York NO. 01?06286652 ~ ~ Qualified in New York County ~ My Commission Expires Jul 29, 2017 ~ ~ --~ 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 S:J o Di ~o On "J.Jly ~~ .;x:?JS before me, J-.o,Dc(~T.re.v@ Rt¥~,.Aioitty A..blic. Date Here Insert Name and Title of the Officer personally appeared _f:Hwod±±:±___l:fuSfll( _____::::::====================----- NameJBfof Signer(BY" who proved to me on the basis of satisfactory evidence to be the perso~ whose name,(s)" is.'afe. subscribed to the within instrument and acknowledged to me that he/st:le/tt:ley executed the same in hiskbQr/ttc:leir authorized capaci~ and that by his.ll=lor/ttc:leil" signatureM on the instrument the persorM, or the entity upon behalf of which the person)s) acted, executed the instrument. Place Notary Seal Above 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. Signature~ 'Yu.Jnr ~ Signature of Notary Pub ----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the doc fraudulent reattachment of this form to an unintended document. ~--Signer(s) Other Than Named igner(s) Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner-0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Trustee 0 Guardian or Conservator 0 Other:----~---------Other: -------------- Sign National Notary Association· www.NationaiNotary.org • 1-800-US NOTA Empower Results® July 15.2015 Ms. lvlonica /ahrndt I'UI ICI CONSTRUCTION. INC. )91 Camino De Ia Reina Suite 1250 San Diego. CA 92108 RF CITY OF CARLSBAD A on Risk Solutions Bond Ji: 9183952.US00069297SU l 5/\.91839527,0 15046489.43SUR3000020 I 000 I ,9295915 I ~ Project: Agua 1-ledionda Sewer l.ift Station. Vista/Carlsbad interceptor Sewer Reaches VC II B-VC I 5. ami Recycled Water Line Project Contract No. PWS I 3-40UTIL Project No. 3492. 3886. 391llJ Contract Amount: $44.195.300.00 Dear Monica: Fncloscd please find a Surety Bond Change Rider that corrects one of the bond numbers on this bond. I" he l .ibcrty Mutual Insurance Company bond number was incorrectly typed on the bond as 0 I 5046689. It should he 0 I 5046489. All other terms and conditions of the bond remain unchanged. Please ha\l' this rider signed. scaled and notarized and forward the original to the City of Carlsbad. Thev \\illnel·d It> attach it tu the onginal bond they have on file. S i ncercl y. /i . Ill. 1 .. ~;-}/(1/(/\ ...• _... ...--. ' •., ... '.lean Correia Rccurd 2499122 A on Risk Scn·iccs Northcost, Inc. 390 N. Broadway. Jericho, NY I I 753 • tel: 516-396-4000 • tax: RIDER To be attached to and form part of: Bond Numbers: 43-Sl)R~JOOOQ2~0 1-0QOI' 0 15046689,_ 9183952, 929591514, US00069297SU 15;\. issued by XL Specialty Insurance Company, Liberty Mutual Insurance Company, Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, The Continental Insurance Company, National Indemnity Company in the amount of on behalf of and in h1vor of $if4_, 195_,}00 Pulice C~~mstrug1iQn Inc. (Principal) City of Carlsbad (Obligee) NLnv therci'orc, it is agreed that in consideration of the premium charged, the attached bond shall be amencled as follows: The bond number for Liberty Mutual Insurance Company is amended as follows: FROl\1: TO: 015046689 015046489 It is further understood and agreed that all other tenns and conditions of this bond shall remain unchanged. This Rider is to be F1Tective the 15th day of July 2015 Signed, Scaled & Dated this 15th day of July 2015. Pulice Construction Inc. (Principal) By: (Surety) XI. Specialty Insurance Company, Liberty Mutual Insurance Company, Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, The Continental Insurance Company, National Indemnity Company [tALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ _[ For Surety A Notary Public or other officer completing this certificate verifies only the identity of the indi\'idual who signed the document to which this cctiiticate is attached, and not the truthfulness. accuracy. or validity of that document. -·----~-----~-~------- State of Massachusetts County ofSullolk On 7i 15/2015 before me, . Jan<; ~:;(1~()!1~ Notary Public, personally appeared .[yan Correia \\ho proved to me on the basis of satisfactory evidence to be the pcrson(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his1her!thcir authorized capacity(ics). and that by his/her/their signature(s) on the instrument the person(s ). or the entity upon behalf of which the pcrson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and ofticial seal. JANE GILSON 00~ Notary Public }\"~· }{ Co:nY;rnonwealth of Massachusetts ~ My Commission Expires May 9, 2019 j_g_~_LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT for Principal ;\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 or Co\ 'l ~{v\tCG <:::'\ ~ County of ,~(\ lJ\-f~D _ ~~V\d~"--rvu,s . On July 15_, 2015 before me, _ Ct\ ~ __ NQ!ary_Pul;J]lc\ personally appeared \}\ c\vr ~-\ \)\t-(\f-z...__ -who proved to me on the basis of satisfactory evidence to be the pcrsm*) whose namck1)@trre subscribed to the within instrument and acknowledged to me that~!'.+te/they executed the same in(11}S7her/the!r authorized capacit:~)-~-~~} and that b~the+r signatur~ on the instrument the person~), or the entity upon be hal r 0 r which the pcrsony<) acted, executed the instrument. fa AAI-THAIS CAlf ! iii _ · · Commission No. 2079598 n ~ NOTARY PUBLIC-CALIFORNIA I f · -SAN DIEGO COUNTY ~ t Commission &pres Ses*mtJer 23, 2018~ ¥ • ... ......... I certify under PENALTY OF PERJURY under the laws ot'the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /_, I ) ' I I ' > j Signalurc .. t~fl. . r~lc) {/;_eL Signature o~otary Public, XL Group Insurance Power of Attorney XL Specialty Insurance Company Greenwich Insurance Company XL Reinsurance America Inc. THIS IS NOT A BOND NUMBER UNLIMITED POWER OF ATTORNEY XL1515331 KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, and Greenwich Insurance Company, Delaware insurance companie~ with offices located at 505 Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Avenue, Stamford, CT 06902, , do hereby nominate, constitute, and appoint: Maria Chaves, Jane Gilson, Mark P. Herendeen, Jean Correia each its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to exceed UNLIMITED. Such bonds and undertakings, when duly executed by the aforesaid Attorney {s) -in -Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 3rd day of October 2014. RESOLVED, that Gary Kaplan, David Hewett, William Mills, Gregory Baal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, David Hewett, William Mills, Gregory Baal <~nd Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co- surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any s~ch power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upoh the Company with respect to any bond, undertaking, contract or obligation in surety or co- surety with others to which it is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY and GREENWICH INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this October 3rd, 2014. XL SPECIALTY INSURANCE COMPANY GREENWICH INSURANCE COMPANY By: fJwi2. u David S. Hewett, SENIOR VICE PRESIDENT Attest: /()vu' ~ f!erk':1 ~ STATE OF CONNECTICUT Toni Ann Perkins, SECRETARY COUNTY OF FAIRFIELD On this 3rd day of October, 2014, before me personally came DavidS. Hewett to me known, who, being duly sworn, did depose and say: that he is Executive Vice President of XL SPECIALTY INSURANCE COMPANY and Senior Vice President of GREENWICH INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument are such corporate seals and were affixed thereto by order and authority ofthe Boards of Directors of said Companies; and that he executed the said instrument by like order. Kim D. Sliva, NOTARY PUBLIC STATE OF CONNECTICUT SB-0034 -3/11 COUN1Y OF FAIRFIELD I, Toni Ann Perkins, Secretary of XL SPECIAL1Y INSURANCE COMPANY and GREENWICH INSURANCE COMPANY, corporations of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporations, at the City of Stamford, this .::__·day of J vi·· ~__:.~. Toni Ann Perkins,SECRETARY IN WITNESS WHEREOF, XL REINSURANCE AMERICJ\ INC. has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 3rd day of October, 2014. STATE OF CONNECTICUT COUN1Y OF FAIRFIELD XL REINSURANCE AMERICA INC. by }:1/L.&_ 1 John P. Welch, PRESIDENT & CEO Toni Ann Perkins, SECRETARY On this 3rd day of October, 2014, before me personally came John P. Welch to me known, who, being duly sworn, did depose and say: that he is President & CEO of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Corporation, and that he executed the said instrument by like order. -f..\"-D. Sf.tt- NorARY "'I (I) .~. -i Aly~ 1-~ E"PPtQ .::> ~ """"30. 20!6 ~~ 0"'coN~<e.0 STATE OF CONNECTICUT COUN1Y OF FAIRFIELD / . .J:~,~._ ,1)_ .'~?.u:;_ Kim D. Sliva, NOTARY PUBLIC I, Toni Ann Perkins, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Stamford, this_ day of __ _ ~~tt¥:~Nce·~~ .. ~.~ .. ~~'\) ..-······~ "'4i'•, ~~~~VO.R~-~~\ (~f '.) ~~\ \\ ~ -~~g~(.> '••··~·•-n••"''' Toni Ann Perkins, SECRETARY This Power of Attorney may not be used to execute any bond with an inception date after October 3, 2019 SB0041 THIS DOCUMENT IS PRINTED ON A BLUE BACKGROUND SB-0034-3/11 Ill C1l C1l ... c: .-E ·-ra "0:::~ ~Cl (.)(1) 'Q..:! ._ra (1)> --~§ _., lij"iii 0~ aio o.S! c:ra _ ... (1) ... C) Ill raCll Cl ... t::.S! o.:: E -... 2 ora _ ... -o>. =(.) rae: >Cll ...... 0 ... z~ 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 Certificate No. 6855259 POWER OF ATTORNEY 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 Hull; 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 2nd day of February , ~- STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company On this~ day of February , 2015 , 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. By:~~ Teresa Pastella , Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 ....1.i!:±_ day of ·su, , 20__!_5__. By: -~-.....L.-£.-____ ij_.;p;'------..._----- Gregory W. Davenport, Assistant Secretary LMS_12873_122013 171 of300 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS 0. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereo( do hereby nominate, constitute, and appoint Kevin A. WHITE, Mark P. HERENDEEN, Jean CORREIA, Maria CHAVES, Theresan E. ROWEDDER, Bryan HUFT, Jeffrey HENDRICKS and Jane GILSON, all of Boston, Massachusetts, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of May, A.D. 2013. By. Assistant Secretary Eric D. Barnes State of Maryland City of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Thomas 0. McClellan On this 30th day of May, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS 0. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA-F 063-0474 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certifY that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _l6"·dayof ·J,,, ,201'.:) _. Geoffrey Delisio, Vice President POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kevin A White, Mark P Herendeen, Maria Chaves, Brian R Driscoll, Jean Correia, Bryan Hurt, Jane Gilson, Theresan E Rowedder, Individually of Boston, MA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of July, 2015. ········ •• ::~\. \NI(iJ,• •• ;t,~:"-1.,;. l~ .. ~ ·&:: -• :zB ,;r; f.B: . -. . -. ·. ~ ·~.: •• '!1!.1 ••• • "=·· ............ State of South Dakota, County of Minnehaha, ss: The Continental Insurance Company On this 2nd day of July, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company . ......... ~"""''"6to ............................... l 1 S. EICH , J~NOTARY PUa.IC~S :~SOUTH DAIC01'A~~ ............................. ~ ............. My Commission Expires February 12, 2021 S. Eich Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this I':> tr-, day of , ' ' A,c · t; The Continental Insurance Company D.Bult Assistant Secretary Form F6850-4/2012 Authorizing Resolutions AOOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Berkshire Hathawav Specialty Insurance' P(m er Of .\ttornn BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BER_K~Iji_RE HATH_/\WAY Sf'JC[ALTYJIIIWRA_NCE~()I\IlPA_N_y, a corporation existing under end by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 07110, 1\J_l\IJ()_I'.I_A._LI_N_QEM_IIJITY CQMPJ\NY, a corporation cxisting under and by virtue of the laws of the St<ltf' of N£'brcska and having an office at 3024 Harney Street, Omaha, Nebraska 68131, and NJ\IIOI\Ij\L l,I8BILIJY~ F_IBE INSURANCE COIIIIP~I\IY, a corporation existing under and by virtue of the laws of the State' of Connecticut and having an offiC<' at 100 first Stcmford Place', Stcmford, Connecticut 06907 (herC'inaftl'r collectively thr "Comp<Jnies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: 1\il~ri~ C:hav~,jear] Correia, Jane Gilson, Mark P._He_re_n_d~~n,_O_rg~F~d_er_aj Street, 20th Floor of the ~ty ofBosto!l ~1a_!t!_Qll\lli!SSa_c_l}l!?~tt~, their true and lawful attorncy(s)-in fact to make, execute, seal, acknowledge, end deliver, for and on their behalf as surety and as thc1r act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and exC'cuted by their regularly elected officers in their own proper persons. This authority for the 1\ttorney-in-fact shall he l<milerl to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witn<'SS whereof, this Power of /\ttorney hcs bC'en subscribed by an authori;ed officer of thl' Com paniC's, and th<' corporatr seals of thC' Companies hove been affixed hereto this date of November 1R, /.014. This Power of /\ttorrwy is made and f'Xc'CUtC'd pursuant to end by authority of the Bylaws, Resolutions of thf' Board of DirC'ctors, and other /\uthori;ations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which arc in full force' and effect, each reading as appears on the back page of this l'ower of /\ttorney, respectively. fly: David f iclds, I XE~cutivc Vi co Prosidcnt NCJIARY State uf Massachusetts, County of Suffolk, ss N/\TION/\L INDEMNITY COMP/\NY, N/\TION/\L LI/\BILITY & FIRE INSUR/\NCF COMP/\NY, ,----, --rr--,~-------:o> "-\\ i --~· --·---I, \ (-~· I _ __.-),_J}::::.,-1:'\~C .. C ... o~~-\ I \ I fly: -~ ---·--- David fields, Vice President UP tim 1Rth day of November, 7014 bcfor<' rnc appeared David 1:rclds, f_xecutive Vice President of lli:RI<SHIRI: HAl HAWAY SPlCii\11 Y INSURANCI C:UMI'ANY and Vice Prcsrdent of NAIIUNi\1 INDFMNITY COMPANY and NAIIONAL LIABILITY & FIRIINSURANCF CUMI'ANY, who bc111g duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the (ompanu-..s; that the seals affixed to the foregoing instrument orr such corporate seals; that they were affixed by order of the board of d1rrctors or othrr govcrnmg body of said Compan1es pursuant to its Bylaws, Resolut1ons and other /\uthori7ations, and that he signed sn1d lnstnmlC'nt m that capacity of sa1d Compan1cs. [Notary Seal] Notary Public I, flr~nnan Nf'ville, the undersigned, /\ssistilnt Secretary of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of /\ttorney executed by said Companies which is in full force and rffect and has not been revoked. IN TESTIMONY WHFREOF, I have hereunto affixed the seals of said companies this date of July l'>, 201S. ---------· --·---------. /\ssistant Secretary HHSIC, NICO & Nl f POA (2014) 0 .9. b E .: ~ ~ Q ·::: ~- 0 ·~ ~ w ~- 0 s: ;::; ,, >-0 ..:: ~ n 2 E 3 c ~ n c "' ·::; c r< 0 w " ~ E <~ ?; - " n ~ 0 < > "' "' ·~ ~ ~ ~ <! cc i 0 I= 0 <f. -5 ~ 0 c ~ 0:: ~ "' w i -, :;:. < 0 F' 2 0.. ·; ~ a. ?: M en 2 .-, "' en en :;, tJ:, :X: "' c < [ 0 ' 0 ' f c 8 ~ -!? e c 'i " 0 ~:-.<: c ' ;:t .s t <i 0 ]; ~ • ~ c "" c 0. a. " N § -5 en 0 M "' 0 ?; ;:; " 0. ~ co ~ J; s v ~ r. 0 0 0 £ <l ::: ~ .> ~ c 0 !? " 0 (' ,o ,_ " BERKSHI!iEHATHAWAY SPE_ClALTYJN~UR.t\I\ICE COfVIPAI\I'( (BYLAWS) ARTICI F V CORI'ORATI: ACTIONS I XFCLJTION Of DOCUMENTS: Section 6.(b) The i'rcsidE!nt, any Vice !'resident or the Secretary, shall have the power and authority: (1) To appoint Attorneys in fact, and to aut hori;o thom to cxocuto on bohalf of the Company bonds and other undc:rtakings, and (7) To remove at any timf' any such Attorney in fact and revoke the authority given him. NATIO~AL LNP_E_MI\IID' COMPANY (BY-LAWS) Soction 4. Qffic~er:;, [\gents, and Empl()yQes: A. !he officers shall be a President, ono or moro Vice Presidents, a Secretary, one or more Assistant Secretaries, a TrcascJrer, and one or more: Assistant Treasurers none of whom shall be required to be shareholders or Directors and c:ach of whom shall bE' f'lc:ctcd annually by the floard of Din!ctors at each annual meeting to serve a term of officE' of onf' year or until a successor has been E!IE'cted and qualified, may serve successive terms of office, may be! removed from office at any time for or without cause by a vote of a majority of the RoMd of Directors, and shall have such powers and rights and be charged with such dutic:s and oblig~tions as usually are vested in and pertain to such office or as may be directed from time to time by the Roard of Directors; and the 13oard of Directors or the officf'rs may from time to time appoint, discharge, engage, or remove such agc'nts and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONALINDEMI\IITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) Rr'solved, That the President, any Vicf' President or the' Secretary, shall have thf' power and authority to (1) appoint flttorni'YS 111 filet, and to authori1e them to execute on behalf of this Company bonds and other undertakings and (7) to remove at any time any such Attorney in fact and revoke the authority given him. NATIONAL liABILITY~ FIRE INSURANCECQI\II~AN_Y (BY-LAWS) [IRUfLLIV Qffi<:E:I_5 Section 1, Officers, Agents<JndFmployees: A. The officers shall be a presidf'nt, onf' or more vice presidents, one or more assistant vice presidents, a secretary, one or mcJrf' ass1stilnt sf'crctaries, a tn'asurer, and one or more assistant treasurers, none of whom shall be required to be shilrehold<'rs or directors, and each of whom shall be f'lected annually by the board of directors at each annual meeting to serve a term of offici' of one year or until a succc!ssor has been elected and qualified, may serve successive terms of office, may be removf'll from office at anytime for or without cause by a vote of a majority of the board of directors. The pn'sident and sc!crdary shnll be different individuals. flection or appointment of an officer or agent shall not create contract rights. The officf'rs oft hr Corporation shall have such powers and rights and be charged with such duties and obligations as usually arc vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of thf' Corporation. NATIONAL liABILITY &FIRE INSURANCE_c:.Q_MPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) Resolved, That the President, any Vice Prf'sident or the Secretary, shall have the powf'r and authority to (1) appoint Attorneys in fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) to remove at any time any such Attorney-in fact and revoke the authority given him. HIISIC, NICO & Nl f POA (7014) LABOR AND MATERIALS BOND 015046689, 929591514, US00069297SU15A, 9183952, 43-SUR-300002-01-0001 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No 2015-124 and 2015-125, adopted May 19,2015, has awarded to Pulice Construction Inc. (hereinafter designated as the "Principal"), a Contract for: AGUA HEDIONDA SEWER LIFT STATION, VISTAICARLSBAD INTERCEPTOR SEWER REACHES VC11 B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL 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, PULICE CONSTRUCTION INC. as Principal, (hereinafter designated as the "Contractor"), and ** co-surety listed below as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY FOUR MILLION ONE HUNDRED NINETY FIVE THOUSAND THREE HUNDRED DOLLARS ($44,195,300), 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 91 00, 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. · **Liberty Mutual Insurance Company, The Continental Insurance Company, XL Specialty Insurance Company, Fidelity and Deposit Company of Maryland/Zurich American Insurance Com~any, and National Indemnity Company ('\ Revised 1/30/13 Contract No. PWS13-40UTIL Page 47 of 170 . ., Executed by Contractor this h, Day of ~ ~e , 20_15 Contrat::tor: Pulic~_Constructiont Inc. (name of Contractor) By: (sign here) (print name here) By: /,~ ~(sign here) (print name here) (title and organization of signatory) Execute~ by SURETY this _i::....:........~=--.:>f:.___ __ day of ~u...t.)E , 20__li__. SURETY: Liberty Mutual Insurance Company (name of Surety) The Continental Insurance Company XL Specialty Insurance Company Fidelity and Deposit Company of Maryland Zurich American Insurance Company National Indemnity Company c/o Aon Risk Solutions (address of Surety 390 N. Broadway Jericho, NY 11753 (516) 396:4287 ____ _ (telephone number of Surety) sv,O.m.-.H ~M~.x.,* ·---· ( signature:bAttorney-in-F act) Andrea E. Gorbert (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 o Revised 1/30/13 Contract No. PWS13-40UTIL PB.ge 48 of 170 !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 lb/ r /iJvn l. fA.-/ County of Scv1 81 .e~ D J4vi~~I'S On J L{ ':::1 f t S +-2015 before me, ili ~ ~ , Notary Public, personal! y appeared 2l/\111 ~ fl\rraer'S: who proved to me on the basis of satisfactory evidence to be the person~ whose name~~ subscribed to the within instrument and acknowledged to me that~~/they executed the same i~ authorized capacity~, and that by ~ignatur¢) on the instrument the personl)5, or the entity upon behalf of which the person~ 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. I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT for Princi al 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 A/e_w 'Yor t County of Ntw Yor L On I st ~·ft't. 2015 before me, Abon /6r+ , Notary Public, personally appeared , f :; Ua 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 cotTect. WITNESS my hand and official seal. Signature ____,~='f'-4.<f."j()"'-l.(,.(/Ylc..L...L.:.~~::::.-.~~.----- Signature of Notary Public ALISON G PORT Notary Public • State of New York NO. 01P06286652 Qualified in New York County My Commission Expires Jul29, 2017 for co-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 New York County of Nassau . ~ On ~\AV\f, cf) Y , 2015 before me, Anne L. Potter, Notary Public , personally appeared Andrea E. Gorbert 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. WITNESS my hand and official seal. Signature b L · k-- Anne L. Potter Signature ofNotary Public My Commission Expires: 6/17/2017 ANNE L. POTTER NOTARY PUBLIC-STATE OF NEW YORK No. 01 P06283845 Qualified In Queens County My Commission Expires June 17, 2017 FAITHFUL PERFORMANCE/WARRANTY BOND 015046689, 929591514, US00069297SU15A, 9183952, 43-SUR-300002-01-0001 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No2015-124 adopted May 19, 2015 , has awarded to Pulice Construction Inc. (hereinafter designated as the "Principal"), a Contract for: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL 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 ** co-surety listed below , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FORTY FOUR MILLION ONE HUNDRED NINETY FIVE THOUSAND THREE HUNDRED DOLLARS ($44,195,300), said sum being equal to one hundred percent (1 00%) 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. ** Liberty Mutual Insurance Company, The Continental Insurance Company, XL Specialty Insurance Company, Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, and National Indemnity Company o Revised 1/30/13 Contract No. PWS13-40UTIL Page 49 of 170 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 __,1"""'-"'s'--'-T ___ _ Day of -:.1 uN l::. , 20_l5_. Contractor: Pulice Construction,Inc. (name of Contractor) By: (sign here) (print name here) By: -4. ./b ~~ ( ~ (sign here) (print name here) (title and organization of signatory) Exec~ by SURETY this __ i_s-_\ ___ day of \.l\l.N E , 20_li__. SURETY: Liberty Mutual Insurance Company (name of Surety) The Continental Insurance Company XL Specialty Insurance Company Fidelity and Deposit Company of Maryland Zurich American Insurance Company National Indemnity Company c I o Aon Risk ~<~_ct!!f¥i8n9l Surety 390 N. Broadway .Jericho, NY 11753 (516) 396.::-4287 (telephone number of Surety) By: G ~'t'tu!Yt ~ ..J ld;* ___ _ '"' (signature~orney-in-Fact) Andrea E. Gorbert (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 TOFORM: CELIA A. BREWER City Attorney By: )(2e)_~ Assistant City Attorne o Revised 1/30/13 Contract No. PWS13-40UTIL Page 50 of 170 !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 (},_(; wV\·LO>J County of 30¥\ \)\-RAO -u Av\~-r~~ 0 S-\-2015 before me, ~ , Notary Public, personally appeared Vl V who proved to me on the basis of satisfactory evidence to be the personV'1 whose name0 subscribed to the within instrument and acknowledged to me tha@Mte!they executed the same in~/thett-authorized capacityp.esJ, and that by ~er/their signature~) on the instrument the person~, or the entity upon behalf of which the person(~ 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. I dA.Jir~oR.:NifA..,:-t\taj~~ti~o$~i~c]~~9\V!J!f~tJfl\r1E~···._:_·-·--······· ... ·· .. _ 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 New YolK County of ;\/ lMI Yurt On __ June.. /Sf-,2015 beforeme, Alrsoa Por~ ,NotaryPublic,personally appeared J ose.ph Pork. Ia 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 instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I cet1ify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and conect. WITNESS my hand and official seal. Signature ----=~::.__~._../),._.__._t:""-/V'l~____.Rxt='--"--=--"'------- 1~1ature o otary u lC S" fN P bl" ----. .... ALISON G PORT • Notary Public · State or New 'fbrk ~ NO. 01P06288652 ~ ~ Qualified in New Yotfl County My Commission Expirn Jul29, 2017 --- 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 New York County of Nassau On ::s-~e... isr-, 2015 before me, Anne L. Potter, Notary Public, personally appeared Andrea E. Gorbert 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. WITNESS my hand and official seal. Signature~ L. p ~ Anne L. Potter, Signature of Notary Public My commission expires: 6117/2017 ANNE l. POTTER NOTARY PUBLIC-STATE OF NEW YORK No. 01P06283845 Qualified in Queens County My Commission Expires June 17, 2017 u) CD .s 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 Certificate No. 6549996 POWER OF ATTORNEY 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, Andrea E. Gorbert; Anne Potter: Annette Leuschner; Beverly A. Woolford; David W. Rosehill: Nancy Schnee: Valorie Spates all of the city of Jericho , state of NY 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. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company s::: STATE OF PENNSYLVANIA ~ ~ COUNTY OF MONTGOMERY ss 'a:;, eC) UCD o.a On this 24th day of April , 2014 , 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 . ._co CD > IN WITNESS WHEREOF, I have hereunto sub =-CDca _:;:, ~v S:::" ca ~. 0 e-· -~ ... CDO o.s s:::ca ~"'" CD-C)IIl Teresa Pastella , Notary Public This Power of Attorney is made and execut ority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, n Insurance Company which resolutions are now in full force and effect reading as follows: 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 cue C) CD t:-0.5 E ~ ... .s oca :;; ~ 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. ~ g 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, > e 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, o S 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 Z U 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, recognizanc.es 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. i IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~\ day of 5 \l.~ ~ , 20J..§__. LMS_12873 122013 By: --:~----L.~::------'-:--ijL..,__._-::---- Gregory W. Davenport, Assistant Secretary 984 of 1000 ~Libertx \P Mutual. LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT-DECEMBER 31, 2014 SURETY Assets Cash and Bank Deposits......................................... $744,221,142 *Bonds-U.S Government..................................... 1,718,117,704 *Other Bonds ............................................................ 11,205,872,087 *Stocks...................................................................... 9,533,437,819 Real Estate.............................................................. 277,742,849 Agents' Balances or Uncollected Premiums........... 4,150,041,316 Accrued Interest and Rents..................................... 129,261,358 Other Admitted Assets .............................................. 14,896,464,393 Total Admitted Assets ..................................... $42.655.158 668 Liabilities Unearned Premiums ................................................ $6,288,178,795 Reserve for Claims and Claims Expense ................. 16,879,324,618 Funds Held Under Reinsurance Treaties................. 211,983,009 Reserve for Dividends to Policyholders ................. . Additional Statutory Reserve ................................. . Reserve for Commissions, Taxes and 1,246,547 40,877,587 Other Liabilities ................................................ 2,664.248, 124 Total .................................................................. $26,085,858,680 Special Surplus Funds ................. $53,954,363 Capital Stock............................... I 0,000,000 Paid in Surplus ............................ 8,829,117,542 Unassigned Surplus ..................... 7,676,228,083 Surplus to Policyholders ............................... 16.569.299.988 Total Liabilities and Surplus ................................ $42 655 158 668 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department oflnsurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certifY that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2014, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 20th day of March, 2015. Assistant Secretary S-1262LMIC/a 3115 POWER OF ATTOR::'-iEY APPOINTING INDIVIDUAL ATTORJ.'l.EY -iN-FACT Know All Men By These Presents, That The Continennl Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, a.11d that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Annette lVI Leuschner, Nancy Schnee, Va!orie Spates, Andrea E Gorbert, Beverly A Woolford, Anne Potter, Individually, of Jericho, NY Debra A Deming, Vivian Carti, Evangelina L Dominick, Annette IVI Leuschner, Cynthia Farrell, Sandra Diaz, Jessica Iannotta, Kelly O'Malley, Kevin T Walsh, Jr, Edward Reilly, Individually, of New York, NY its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, sea! and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In 'Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of February, 2014. ····rn····· .~,.\. S(J~ • • ... ~ii-"'1~ •• :~ -~~ :1: -:. n: :z I 0'0 0! o:O ~ ~· .o --:t• ··~.:" #l ··~ ~.·· .. . .. . .... _ ..... . The Continental Insurance Company Paul State of South Dakota, County of Minnehaha, ss: On this 7th day of February, 2014, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the sea! affixed to u'le said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and ackilOWledges same to be the act and deed of said insurance company. i 'Oi;'J;'f;:;,JJ '";::'":f:/.'::::fiif .. 'f}'!J')'":jt I J.MOHR J ~ NOTARYPUSL!C/@\ f ~SOUTr!DAKOTA ~§ ' ................... .. My Commission Expires June 23, 2015 J. Mohr Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvar>ia insurance company, do hereby certify that the ?ower of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of t:-te insurailce :.nrilpany printed on the rerse hereof is still in force~ testimony whereof I have hereunto subscribed my name and affixed the seal c;f tl1e ~aid il'5Uranc~ company this 6-r day of :J \l~E.. , 20\S . The Continental Insurance Company D. Bult Assistant Secretary Form F6850-4/2012 Authorizing Resolutions ADOPTED BY THE BOARD OF DIRECTORS o;o THE CONTu"iENTAL li'iSURANCE COMP;-\NY: This Power of Attorney is made and executed pursuant IO and by authority of the following By-Law duly adopted the Board of Dirt!ctors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in "triting by the Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Brutlat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "\vnereas, the bylaws of the Company or specit1c resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, ''Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Off1cer shall be valid and binding on the Company." THE CONTiNENTAL INSURANCE COMPANY Radnor, Pennsylvania Statement ofNet Admitted Assets and Liabilities December 31,2014 Bonds Stocks Cash, cash equivalents, and sbort-tenn investments Amounts recoverable from reinsu.rers Net deferred tax asset Premiums and considerations Other assets Total Assets ASSETS UABIUIIES ANQ SQBPLUS Losses Lo$$ adjustment expense Ceded reinsurance premiums payable {net of ceding commissions) Funds held by company under reinsurance treaties Provision for reinsurance Other liabilities Total Liabilities Surplus Account Capital paid up Gross paid in and contributed surplus Special Surplus Unassigned funds Surplus as regards policyholders Total Uabilities and Capital $ 53.566,360 1,423.436,994 100,090,t72 ( 139 .752.422} $ 1.349,822,576 166,740,793 217,712,322 136,016,120 85,644,520 18,049,028 39,337,814 $ 1,995,334,145 $ 851,065,352 35,957,892 24,580,363 356,117,935 76.000.000 {785.728.50Jl $ 557,993,041 $ l,437,34I,l04 $ 1,995.334,145 I, Peter Locy. Assistant VieePresidentofThe Continental Insurance Company herebycertifythattheaboveis an accurate representation of the financial statement of the Company dated December 31.2014, as filed with the various Insurance Departments and is a true and correct statement of the condition of The Continental Insurance Company as of that date. Subscribed and sworn to me this 19th day of March • 2015. My commis.~ion expires; YOLANOA JIMENEZ OFFICIAL SEAl Notary Public, State of Illinois My Com minion hpires September 24, 2011 The Continental Insurance Company c Power of Attorney XL Specialty Insurance Company Greenwich Insurance Company XL Reinsurance America. Inc. THIS IS NOT A BOND NUMBER UNLIMITED POWER OF ATTORNEY XL 1519141 KNOW ALL MEN BY THESE PRES£NTS: That XL Specialty tnsurance Company, and Greenwich Insurance Company, Delaware insurance companies with offices located at 50S~agfeview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., aNew YOI'k msoral'la! company with offices located at 70 Sea11iew Avenue, Stamford, CT 06902, , do hereby norriinate, constitute, and appoint: Nancy Schnee, Edward Reilly, Anne Potter, Beverly Woolford, Kelly O'Malley, Debra A. Deming, Andrea E. Gorbert, Valorie Spates, Jessica /annotta, Annette M. L-suschner each i~ true and lawful Attomey(s}in-fact to make, execute, attest, seal and deliver for and on its behalf, as .surety, and as.its act and deed, where required, any and a!t oorids and undertakings in the nature thereof, , for tile ~al~m of no one.afwhidl ism art¥~vent tO exceed UNLIMITED. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) -in -Fact shall be binding upon each said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the Companies. orr~ 16th day of April 2015. RESOLVED, that Gary Kaplan, David Hewett, William Mills, Gregory Boa! C)nd.~vin..Mlrseh are hereb\' appoilltOO bytheBoamasauthorized to make, execute, seal and deliver for and on behalf of the Company;.af!Y ami .alffuniJs; ~kings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, David Hewett, William Mills, Gregory Boa! and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and_ ul)dertakings in surety or co- surety with others, and that the ~etary or any AssistantSeGretary of the ~y"De, and that each ofthem is hereby authorized to attest the execution af any such pawer Of attorney, and to attach theretg the corRP@I:!!,~a!;of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the a>rpofate seal of the Company may be affixed to Csuch powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures Jr facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or ca- su rety with others to which it is attached. c IN WITNESS WHEREOF, the XL SPECIALTY INSURANc;E CQt::tP~¥ andQEENWICH INSURANCE COMPANY has caused Its corporate seal to be hereunto affixed, and these presents to be signed byif:Scdl:!f¥.amhoriiedofficers tf\is April 16th, 2015. STATE OF CONNECTICUT COUNTY OF FAIRFIELD Attest: XL SPECIALTY INSURANCE COMPANY GREEN~CHINSURANCECOMPANY DavidS. Hewett;~IOR VICE PRESIDENT Toni Ann Perkins, SECRETARY On this 16th day ofAprit,2015,before me personally came DavidS. Hewett to me known, who,--6 s..wrn,mo depose and say: that he is Executive Vice President of XL SPECIAL TV INSURANCE COMPANY and Senior Vice President of G BlN&JRANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals a ed to the aforesaid instrument are such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like order. ----~-~.~~ !<imO..SiivarN6l'AA.Y PUBLIC SB-0034-3/11 STATE OF CONNECTICUT COUNTY OF FAIRFIELD Toni Ann Perkins, SECRETARY IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to l;le signed by its duly authorized officers this 16th day of April, 2015. STATE OF CONNECrtdrr COUNTY OF FAIRFIELD XL 1tEUI$lJRAI!K'lE AMERICA INC. ey: ohn P. Welch, PRESIDENT & CEO Attest: On this 16th day of April, 2015, before me personally came John P. Welch to me known, who, being duly sworn, did depose and say: that he is President & CEO of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the afor~@rument is such corporate seal cmd was affixed thereto by order and authority oftheSoard of Directors of said Corporation, and.~ he executed the saicfillstrument by like ord-:. .~ .. . . .. -..... .. .· .. STATE OF CONNEcrlCUT ~OOUNTY Qf FAIRFIELD Kim D. Sliva, NOTARY PUBUC I, Toni Ann Perkins, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Corporation, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is still in full for<:e ~,$ctand has not been revoked. - T.oniAnn Perkins, SECRET~¥ This Power -of Attorney may not be used ta··~xecute any bond with an inception date after April 16, 2020 SB0041 THIS.DQCUMEI'Itlts;BWNTED ON A BLUE~BAGKGROUN!l SB-0034-3/11 ·· .. '~ XL SPECIALTY INSURANCE COMPANY STATUTORY STATEMENT OF ADMITTED ASSETS, LIABILITIES, CAPITAL AND SURPLUS December 31, 2014 Assets: Bonds Stocks Cash and short-term investments Receivable for securities Total Invested Assets ,..... \.., 1gents Balances Funds held by or deposited with reinsured companies Reinsurance recoverable on loss and loss adjustment expense payments Accrued interest and dividends Other admitted assets Total Admitted Assets (U.S. Dollars) 232,863,926 46,171,492 101,315,183 380,350,601 ------ Liabilities: Loss & loss adjustment expenses Reinsurance payable on paid loss and loss adjustment expenses Unearned premiums Ceded reinsurance premium payable Funds held by company under reinsurance treaties Payable for Securities Other Liabilities Total Liabilities 30,638,955 Capital and Surplus: Aggregate write-ins for special surplus funds Common capital Stock Gross paid in and contributed surplus 1,150,117 Unassigned surplus 20,519,277 Total Capital and Surplus 432,658,950 Total Liabilities, Capital and Surplus 197,043,344 (63,502) 36,745,052 5,632,876 50,120,854 289,478,624 5,812,500 127,529,060 9,838,766 143,180,326 432,658,950 I, Andrew Robert Will, Vice President and Controller of XL Specialty Insurance Company (the "Corporation") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true Statutory Statement of Admitted Assets, Liabilities, Capital and Surplus of the Corporation, as of December 31, 2014, prepared in conformity with the accounting practic'='s prescribed or permitted by the Insurance Department of the State of Delaware. The foregoing statement should not be taken as a complete statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principal office located at Seaview House, 70 Seaview Avenue, Stamford, CT 06902-06040. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation at Stamford, Canl"!acticut. ~/«;W Vice President and Controller State of Connecticut County of Fairfield The foregoing financial information was acknowledged before me this 25th of March, 2015 by Andrew Robert Will of XL Specialty Insurance Company on behalf of the corporation. L'2 /":.... ~{2 b.-Notary Pu lie 0 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS 0. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Nancy SCHNEE, Andrea E. GORBERT, Annette LEUSCHNER, Valorie SPATES, Beverly A. WOOLFORD and Anne POTTER, all of Jericho, New York, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of December, A.D. 2014. By: Secretary Eric D. Barnes State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Thomas 0. McClellan On this 15th day of December, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS 0. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,, ,, ~!~~.~~.:~~~~~~~ .. f~~:::{:£) ,,, ,, ::? ~!~\'~, \ ,, Constance A. Dunn, Notary Public My Commission Expires: July 14,2015 POA-F 093-7185C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. r TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ~day of -:;},\.HE , 20__12_. Michael Bond, Vice President FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31,2014 ASSETS Bonds ............................................................................................................................................... $ 142,720,308 Stocks.............................................................................................................................................. 21,816,223 Cash and Short Tenn Investments................................................................................................... 2,077, 768 Reinsurance Recoverable................................................................................................................ 10,375,303 Other Accounts Receivable............................................................................................................. 46,778,921 TOTAL ADMITTED ASSETS ......................................................................................................... $ 223,768,523 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ..................................................................................................... $ 1,321,332 49,965,411 4,009,064 55,295,807 Ceded Reinsurance Premiums Payable ........................................................................................... . Securities Lending Collateral Liability .......................................................................................... .. TOTAL LIABILITIES .................................................................................................................... $ Capital Stock, Paid Up ......................................................................................... $ 5,000,000 Sw-plus................................................................................................................. 163,472,717 Surplus as regards Policyholders..................................................................................................... 168,472,716 TOTAL ........................................................................................................................................ $ 223,768,523 Securities carried at $58,191,540 in the above statement are deposited with various states as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for a11 bonds and stocks owned, the Company's total admitted assets at December 31, 2014 would be $227,936,393 and surplus as regards policyholders $172,640,586. I, DENNIS F. KERRIGAN, Corporate Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2014. orporate Sec1·etary State of Illinois } SS: City of Schaumburg Subscribed and sworn to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this 15th day of March, 201 5. NotaJJ' Public ............ .......,~DA~R~R~;~[f~· .. , ...... -~ OFFICIAL SEI\L Notary Public -State of Illinois My Commission Expires i, February 24, 2018 ZURICH AMERICAN INSURANCE COMPANY COMPARATIVE BALANCE SHEET ONE LIBERTY PLAZA, 165 BROADWAY, 32nd FLOOR, NEW VORl{, NY 10006 As of December 31,2014 and Dccembet• 31,2013 12/31/2014 12/3112013 Assets Bonds $ 17,933,136,241 $ 18,990,565,123 Preferred Stock Common Stock 3,213,594,517 2,411,755,638 Other Invested Assets 2,602,435,930 2,505,133,631 Shmt-terrn Investments 707,396,303 327,019,081 Receivable fur securities 20,334,654 123,767,865 Cash and cash equivalents 9,155,828 (65,045,469) Securities lending reinvested collateral assets 167,993,212 208,060,537 Employee Trust for Deferred Compensation Plan 140,606,132 142,420,097 Total Cash. and Invested Assets $ 24,794,652,816 $ 24,643,676,503 Premiums Receivable $ 3,317,513,374 $ 3,358,946,105 Funds Held with Reinsurers 2,357,701 2,383,155 Reinsurance Recoverable 492,689,841 391,812,478 Accrued Investment Income 116,594,177 113,886,701 Federal Income Tax Recoverable 941,023,188 940,033,456 Due from Affiliates 83,375,591 183,852,738 Other Assets 561 819,984 549,410,052 Total Asset.~ $ 30,310,026,672 $ 30,184,001,188 LlnbUitles nnd PQiicyltolders' Snrl!hls Liabilities: Loss and LAE Reserves $ 13,922,765,027 $ !3,894,112,327 Unearned Premium Reserve 4,502,895,029 4,321,146,577 Funds Held with Reinsurers 191,291,330 185,460,548 Loss In Course of Payment 306,093,345 357,922,606 Commission Reserve 79,627,248 68,132,284 Federal Income Tax Payable 115,512,376 290,773,995 Remittances and Items Unallocated 123,759,621 111,7!0,550 Payable to parent, subs and affiliates I 54,224,298 154,428,297 Provision for Reinsurance 59,189,897 43,942,761 Ceded Reinsurance Premiums Payable 721 '709 ,366 807,651,125 Securities Lending Collateral Liability 167,993,212 208,060,537 Other Liabilities 1,949,229,451 1,942,241,242 Total Liabilities $ 22,294,290,200 $ 22,385,582,849 Policyholders' Surplus: Common Capital Stock $ 5,000,000 $ 5,000,000 Paid-In and Contributed Surplus 4,394,131,321 4,394,131,32[ Surplus Notes Special Surplus Funds 57,824,000 34,865,000 Cumulative Unrealized Gain 572,072,362 505,136,565 Unassigned Surplus 2,986,708,790 2,859,285,454 Total Policyholders' Surplus $ 8,015,736,472 $ 7,798,418,339 Total Liabilities and Policyholders' Surplus $ 30,310,026,672 $ 30,184,001,188 I, Dennis F. Kerrigan, Corporate Secreta!}' ofZUIUCH AMERICAN INSURANCE COMPANY do hereby certifY that the foregoing statement is a correct exhibit of!he assets and liabilitie of the said Company, on the 31st dayofDecember, 2014, according to the best of my information, O\ dge and belief. State offllinois County of Cook } SS: Subscribed and sworn to, before me, a Notal}' Public ofthc State of illinois, in the City of Schaumburg, this 15th day ofMarch, 2015. ! " ,..2 .. ~o&o d \ v lro:)l-pllbfic DARRYL JOINER I) OFFICIAL SEAL . . Notary Public -Slate o!UUnoos My Commission Expires February 24, 2018 L--···--~· -··· D.i:l Berkshire Hathaway I!:! u Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY 43-SUR-300002-01-0001 Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 02110, NATIONAL INDEMNITY COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131, and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Andrea E. Gorbert. Annette Leushner. Anne Potter. Nancy Schnee. Valorie Spates, Beverly A. Woolford. 390 North Broadway of the citv of Jericho State of New York. their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of November 18, 2014. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: ~ David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss: NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: ~ David Fields, Vice President On this 18th day of November, 2014 before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] Notary Public BHSIC, NICO & NLF POA (2014) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1} To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers. Agents. and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) Resolved, That the President, any Vice President or the Secretary, shall have the power and authority to (1} appoint Attorneys-in- fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2} to remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Section 1. Officers. Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NAJIOI'JAl LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) Resolved, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys-in- fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) to remove at any time anv such AttomP.y-in-fact and revoke the authority given him. BHSIC, NICO & NLF POA (2014} "''·"w' c Total invested assets NATIONAL INDEMNITY COMPANY 3024 Harney Street, Omaha, Nebraska 68131 ADMITTED ASSETS* 9/30/2014 6/30/2014 $ 165,460,386,853 $ 161,211,841,312 Premium & agent balances (net) 4,436,716,255 4,276,077,321 All other assets 1,599,393,288 1 ,658, 719,338 Total Admitted Assets $ 171 ,496,496,396 $ 167,146,637,971 12/31/2013 $ 148,296,386,408 1,922,388,788 1,692,951,285 $ 151,911,726,481 LIABILITIES & SURPLUS* 9/30/2014 6/30/2014 12/31/2013 Loss & loss exp. unpaid $ 45,402,213,214 $ 40,000,179,494 $ 32,783,009,208 Unearned premiums 6,221 ,238,265 6,054,754,098 2,802,162,336 All other liabilities 21 '187,437,686 21,327,109,712 19,100,503,115 Total Liabilities 72,810,889,165 67,382,043,304 54,685,67 4,659 Total Policyholders' Surplus 98,685,607,231 99,764,594,667 97,226,051,822 Total Liabilities & Surplus $ 171,496,496,396 $ 167, 146;637,971 $ 151,911,726,481 * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. A.M. Best: A++ Rating Standard & Poor's: AA+ Rating ,,.,- '-' Company Profile Page 1 of2 \: Cf\LIFOP:rl!fl ';i, DEPARTMENT OF msURAI~CE Company Profile Company Search fr?folfJ~~on Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information CONTINENTAL INSURANCE COMPANY (THE) 333 S. WABASH. Old Company Names Date Agent For Service NANCY FLORES CHICAGO, IL 60604 800-262-4554 C/0 CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, SUITE 930 LOS ANGELES CA 90017 Reference Information INAIC #: 1135289 I California Company ID #: 112270-7 Date Authorized in California: 01/01/1978 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA back to top NAIC Group List NAIC Group#: 0218 CNA INS GRP Lines Of Business Effective The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 Company Profile back to top © 2008 California Department of Insurance BURGlARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELlANEOUS PlATE GlASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Page 2 of2 https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 ',, Company Profile Page 1 of2 Cf,LJFOF\1 II!\ ''· DEPARTMENT OF lr~SURANCE Company Profile Company Search fn°folfJ~fion Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information XL SPECIAL TV INSURANCE COMPANY 70 SEAVIEW AVENUE STAMFORD, CT 06902 800-622-7311 Old Company Names Date INTERCARGO INSURANCE COMPANY 08/04/2000 INTERNATIONAL CARGO AND SURETY INSURANCE 0612211994 COMPANY Agent For Service NANCY FLORES C/0 CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, SUITE 930 LOS ANGELES CA 90017 Reference Information NAIC #: 37885 California Company ID #: 3236-7 Date Authorized in California: 03/23/1990 License Status: UNLIMITED-NORMAL !company Type: II Property & Casualty !state of Domicile: II DELAWARE back to top NAIC Group List NAIC Group#: 1285 XL AMER GRP Lines Of Business Effective The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 ·---~~------ Company Profile back to top © 2008 California Department of Insurance AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Page 2 of2 https:/ /interactive. web.insurance.ca.gov I companyprofile/ company... 6/4/2015 "·· Company Profile Page 1 of2 CALIFOP:r·lili , ,. DEPARTMENT OF INSURAiiGE Company Profile Company Search f~folfJNon Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appea Is Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR SCHUAMBURG, IL 60196-1056 800-382-2150 Old Company Names Date Agent For Service KARISSA LOWRY C/0 CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO CA 95833 Reference Information INAIC #: 1139306 !california Company ID #: 112479-4 I Date Authorized in California: 01/01/1982 I License Status: UNLIMITED-NORMAL !company Type: Property & Casualty !state of Domicile: MARYLAND back to top NAIC Group List NAIC Group #: 0212 ZURICH INS GRP Lines Of Business Effective The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 Company Profile back to top © 2008 California Department of Insurance BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Page 2 of2 https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 ------------------------- """""" ~,.- Company Profile Page 1 of2 , CAL 1r 0 P.r-i l f1 ' OEPARTMErlT OF mSURAIJGE Company Profile Company Search f~folfJ~tlon Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information ZURICH AMERICAN INSURANCE COMPANY 1400 AMERICAN LANE SCHAUMBURG, IL 60196-1056 800-382-2150 Old Company Names Date Agent For Service KARISSA LOWRY C/0 CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO CA 95833 Reference Information INAIC #: 1116535 !california Company ID #: 114581-5 I Date Authorized in California: 1101/01/1999 I License Status: II UNLIMITED-NORMAL I company Type: II Property & Casualty I State of Domicile: II NEW YORK back to top NAIC Group List NAIC Group#: 0212 ZURICH INS GRP Lines Of Business Effective The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 Company Profile back to top © 2008 California Department of Insurance BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Page 2 of2 https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 ....._ Company Profile Page 1 of2 Cf\LIFORrM1 ; li DEPARTMENT OF U.SURANCE Company Profile Company Search f~folf~~on Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appea Is Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information NATIONAL INDEMNITY COMPANY 3024 HARNEY ST OMAHA, NE 68131-3580 800-356-5750 Old Company Names Date Agent For Service CHARLES LANDESS 27200 TOURNEY ROAD SUITE 360 VALENCIA CA 91355 Reference Information INAIC #: !california Company ID #: 1120087 111351-6 I Date Authorized in California: 1107/13/1948 I License Status: II UNLIMITED-NORMAL I company Type: II Property & Casualty !state of Domicile: II NEBRASKA back to top NAIC Group List NAIC Group#: 0031 BERKSHIRE HATHAWAY Lines Of Business Effective The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms/ please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY https://interactive.web.insurance.ca.gov/companyprofile/company... 6/4/2015 Company Profile back to top © 2008 California Department of Insurance BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Page 2 of2 https:/ /interactive. web.insurance.ca.gov I companyprofile/ company... 6/4/2015 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and "between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, ·California, 92008, herernafter called "City" and Pulice Construction, Inc. whose address is 591 Camino De La Reina, Suite 1250, San Diego, CA 92108 hereinafter called "Contractor" and u.s. Bank National Association whose address is ~1-:0~1-N_o_rt_h_F_irs_t_A_ve_n_u_e.:-, S_u_it_e_1_60_0..:_, ~P_ho_e_n_ix_, A_Z_85_0_0_3 _____________ hereinaffer called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 1 0263 of the Public Contract Code of the state of California, the Contractor has the option to deposit securities with the ·Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC118wVC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTrL in the amount of dated (hereinafter referred to as the "Contract''). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 1 0 days of the deposit. The Escrow Agent shan maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. () Revised 1/30/13 Contract No. PWS13-40UTIL Page 51 of 170 (. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shalf be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall Immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shaH release to Contractor all securities and interest on deposit less escrow fees and ch.arges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. () Revised 1/30/13 Contract No. PWS13-40UTIL Page 52 of 170 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title: FINANCE DIRECTOR Name: Signature Address: 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title: (R€"S \QE"r-l"T Signature CQ_ ~-....,=--- For Escrow Agent: Title: Vice President Signature~ I Name: Keith Hensele~ Address: 101 N. First Ave., Suite 1600 Phoenix, AZ 85003 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. o Revised 1/30/13 Contract No. PWS13-40UTIL Page 53 of 170 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title: MAYOR Name: Signature Address: 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title: Cf{lEF FIA14AJC(AL oFEtc.r;;n. Name: OSCA./?_ <"ff]~.£=LI a Signature ':..{) .. ~ Address: 2.0:13 W .. t(,OIJN7A/JJ VIeW R4?~4C: lSD2/ For Escrow Agent: Title: Assistant Vice President Name: Michelle Knutson SignatureQJJ · )~ Address: 101 N. First Ave., Suite 1600 Phoenix, AZ 85003 o Revised 1/30/13 Contract No. PWS13-40UTIL Page 54 of 170 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and 'between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, ·California, 92008, hereinafter called "City" and Pulice Construction, Inc. whose address is 591 Camino De La Reina, Suite 1250, San Diego, CA 92108 hereinafter called "Contractor" and U.S. Bank National Association whose address is .....--o:1 07*1-:N-:o_rt_h_F_ir_st_A_v_en_u_e-'-, _su_it_e_1_6_00...c.,_P_h_oe_n_ix_, _AZ_85_0_0_3 _____________ ,hereinaffer called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 1 0263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the ·Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B~VC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTrL in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on wrltten request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Cohtractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. () Revised 1/30/13 Contract No. PWS13-40UTIL Page 51 of 170 . :-··· '-·. ( 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shalf be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall Immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shaH release to Contractor all securities and interest on deposit less escrow fees and ch_arges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8}, inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above . () Revised 1/30/13 Contract No. PWS13-40UTIL Page 52 of 170 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title: FINANCE DIRECTOR Name: Signature Address: 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title: ~S~QEtl( Name: C~\? p..oc,.Ef2.-s Signature ~~ Address: 1,.0~~ w. M,ov .VI Ac\ ~ '\1 1€-w ~" For Escrow Agent: Title: Vice President Name: Keith Henselen if Signature J;::.e!c Address: 101 N. First Ave., Suite 1600 Phoenix, AZ 85003 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. {..... Revised 1/30/13 .;;s Contract No. PWS13-40UTIL Page 53 of 170 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title: MAYOR Name: Signature Address: 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title: Name: Signature For Escrow Agent: Title: Assistant Vice President Name: Miche[utson Signature r -\~ Address: 101 N. First Ave., Suite 1600 Phoenix, AZ 85003 (} Revised 1/30/13 Contract No. PWS13-40UTIL Page 54 of 170 ( OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and 'between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, ·California, 92008, hereinafter called "City" and Pulice Construction, Inc. whose address is 591 Camino De La Reina, Suite 1250, San Diego, CA 92108 ,hereinafter called "Contractor" and u.s. Bank National Association whose address is ~1 0_1_N_o_rt_h_F_ir_st_A_v_en_u_e..:.., S_u_it_e_1_60_0_:..,_P_h_oe_n_ix...;..., _AZ_85_0_0_3 _____________ .hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 1 0263 of the Public Contract Code of the state of California, the Contractor has the option to deposit securities with the ·Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC118wVC15, AND RECYCLED WATER LINE PROJECT CONTRACT NO. PWS13-40UTIL in the amount of dated (hereinafter referred to as the "Contract"}. Alternatively, on written request of the Contractor, the City shall make payments ot the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 1 0 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. () Revised 1/30/13 Contract No. PWS13-40UTIL Page 51 of 170 ""('"'' 4. The Contractor shall be responsible for paying ail fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall Immediately convert the securities to cash and shall distribute the cash as instructed by the City. B. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with aH requirements and procedures applicable to the Contract, the Escrow Agent shaH release to Contractor all securities and interest on deposit less escrow fees and ch~rges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8}, inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. () Revised 1/30/13 Contract No. PWS13-40UTIL Page 52 of 170 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title: FINANCE DIRECTOR Name: Signature Address: 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title: f'~ ~OErs"f Signature C-tl::__ ~ For Escrow Agent: Title: Vice President Name: Keith Henselen Signature ~If)__£_ Address: 101 N. First Ave., Suite 1600 Phoenix, AZ 85003 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. l"\. Revised 1/30/13 •+i Contract No. PWS13-40UTIL Page 53 of 170 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title: MAYOR Name: Signature Address: 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title: Address: Zt233 fd f"lf)IJAfT"AIA/ trlE'kl R.b, 'PIIDCA/1.1<1 A 2:-E~ 2./ For Escrow Agent: Title: Assistant Vice President Name: Michelle Knutson Signature Jh -~ Address: 101 N. First Ave., Suite 1600 Phoenix, AZ 85003 -l."ft Revised 1/30/13 -~ Contract No. PWS13-40UTIL Page 54 of 170 Vista Debarment Policy and Form Vista Administrative Policy DEBARMENT AND SUSPENSION POLICY PURPOSE To ensure that the City takes the necessary steps to check that Federal grant funds are not used to pay vendors or contractors that have been debarred or suspended from receiving Federal grant monies. BACKGROUND To comply with federal grant requirements, the City of Vista implements the following procedures when soliciting and selecting contractors, consultants, and vendors on projects using federal government grant funds. This procedure designed is to ensure that the contractor, consultant, or vendor is not debarred, suspended, or excluded from receiving federal contracts or financial and nonfinancial assistance and benefits. POLICY For any contract using federal government grant funds, the following procedure shall be followed: 1) Include Exhibit A, attached to this Policy, in the bid documents and require the contractor, consultant, or vendor to execute the certification statement. If the contract is being awarded outside of the formal bidding procedures then a signed Exhibit A shall be included in the documentation submitted to Finance as part of the staff report review or small agreement review. 2) Before a contract is awarded, the department responsible for executing the project shall also search the name of each individual, firm, and entity submitting a bid, proposal, quote or estimate for the project on the Excluded Parties Lists System at www.epls.gov to determine if the individual, firm, or entity is debarred, suspended, or excluded from receiving federal contracts or federal financial or nonfinancial assistance and benefits. The Excluded Parties Lists System is the official government-wide list of excluded parties. 3) The following documentation shall be retained with the grant agreement paperwork on file: a print screen showing the date and results of the search on www.epls.gov for the contractor, consultant, or vendor awarded the contract. In addition, a copy of such documentation must be attached to the purchase order cover sheet and forwarded to the Finance Department as part of the paperwork to create the purchase order for the contract DEBARMENT AND SUSPENSION CERTIFICATION TITLE 2, CODE OF FEDERAL REGULATIONS, PART 180 1. The undersigned (authorized official signing for the organization) certifies to the best of his or her knowledge and belief that the organization and he or she and any person associated therewith in the capacity of owner, partner, director, officer, or manager: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and (d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default. 2. The undersigned also certifies that, if the Undersigned later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to the awarding agency. 3. If the undersigned is unable to certify to all statements in paragraphs 1 and 2 of this certification, through those means available to the Undersigned1 including the federal General Services Administration's Excluded Parties List System {EPLS)1 the undersigned shall so state and provide a written explanation in an attachment to this certification. I, the undersigned1 declare under penalty of perjury under the laws of the State of California that the foregoing certifications and assurances, and any other statements made by me herewith are true and correct. Printed Name:f-7-'=::.:........:..:...:..:......::..:..:....:...:.=.:...;==-------- Chief Operations Officer EXHIBIT A February 26, 2015 ADDENDUM NO. 1 RE: AGUA HEDIONOA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11B-VC15 AND RECYCLED WATER LINE PROJECT Please include this addendum in the Request for Proposal package you have for the above project. IMPORTANT NOTE: Pre-bid meeting information has changed. This page-receipt acknowledged-must be included in your proposal when it is submitted. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ March 5, 2015 ADDENDUM NO. 2 RE: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11-B-VC15 AND RECYCLED WATER LINE; BID NO. PWS13-40UTIL Please include this addendum in the Notice to Bidders/Request for Bids you have for the above project. **"'"'"'****"'IMPORTANT NOTE********** The bid due and opening date has been changed to AprilS, 2015. The time for the submission deadline remains at "before 2:00PM". This page-receipt acknowledged-must be included in your bid when your bid is submitted. Attachments: Prebid Meeting Agenda Sign-in Sheet Pre-bid Presentation I ACKNOWLEDG RECEIPT OF ADDENDUM NO. 2 1635 Faraday Avenue • Carlsbad, CA 92008~7314 • (760) 602-4677 • FAX (760) 602-8562 {i) March 13, 2015 ADDENDUM NO. 3 RE: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11-B-VC15 AND RECYCLED WATER LINE; BID NO. PWS13-40UTIL Please include this addendum in the Request for Proposals you have for the above project. · This page-receipt acknowledged-must be included in your proposal when it is submitted. Attachments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 (!} March 26,2015 ADDENDUM NO. 4 RE: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11-B-VC15 AND RECYCLED WATER LINE; BID NO. PWS13-40UTIL Please include this addendum in the Request for Proposals you have for the above project. This page-receipt acknowledged-must be included in your proposal when it is submitted. ~~- Sr. Contract Administrator Attachments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ April 3. 2015 ADDENDUM NO. 5 RE: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11-B-VC15 AND RECYCLED WATER LINE; BID NO. PWS13-40UTIL Please include this addendum In the Request for Bid package you have for the above project. **********IMPORTANT NOTE********** THE BID DUE DATE HAS BEEN CHANGED TO APRIL 14. 2015. THE BIDS ARE DUE BEFORE 2:00 PM ON THIS NEW DATE. This page-receipt acknowledged-must be included in your bid when it is submitted. Attachments I ACKNOWLEDGE R Bidder's Sl 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 !*-) c Carlsbad i.UIIIU4Efili,JML!JIZUt.1h April 3, 2015 ADDENDUM NO. 6 RE: AGUA HEDIONDA SEWER LIFT STATION, VISTA/CARLSBAD INTERCEPTOR SEWER REACHES VC11-B-VC15 AND RECYCLED WATER LINE; BID NO. PWS13-40UTIL Please include this addendum in the Request for Bid package you have for the above project. This page-receipt acknowledged-must be included in your bid when it is submitted. Attachments GE RECEIPT OF ADDENDUM NO. 6 ~nez, COO 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602·8562