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Home My WebLink AboutA9165 - FERREIRA CONSTRUCTION CO., INC DBA FERREIRA COASTAL CONSTRUCTION (CP 18-18)CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Agreement (Construction Contract) Ferreira Construction Co., Inc. Carlos Lupercio, Project Engineer CLupercio@ferreiraconstruction.com Bogert Trail Sewage Lift Station, City Project 18-18 $2,448,105.37 (including this CCO# for -$12,033.27) 04/11/2025 On file James Black, jblack@ferreiraconstruction.com Engineering Services Joel Montalvo / Alberto Gradilla X8718 June 16, 2022, Item 1.S. A9165 Contract Change Order No. 2 - TBD No Yes Yes Department Yes No Contract Change Order No. 2 is attached. N/A 06/02/2025 Vonda Teed Docusign Envelope ID: A515CDDE-6D8B-4779-8400-9EC4D993D9EF CITY OF PALM SPRINGS CONTRACT CHANGE ORDER NO. 2 CP 18-18 BOGERT TRAIL LIFT STATION Contractor: Ferreira Construction Co, Inc. Date: 05/28/2025 CONTRACT CHANGE ORDER SUMMARY: This Change Order No. 2 covers line item work not performed and sets forth the credit to the City. Row No. Description Qty Unit Cost 01 Line item work not performed 1 L.S. $(12,033.27) Total Lump Sum Change Order Amount ($12,033.27) CHANGES TO CONTRACT TIME: The contractor is not requesting any additional days for the project. SUMMARY OF COSTS: Original Contract Amount: $2,342,139.00 Construction Start Date: 12/28/2022 Previous Change Orders: $117,999.64 Previous Agreed Completion Date: 05/01/2025 This Change Order Amount: ($12,033.27) Working Days Added: 0 Revised Contract Amount: $2,448,105.37 Revised Completion 05/01/2025 ACCEPTANCE AND SIGNATURES: I have received a copy of this Change Order and the above agreed prices are acceptable. Ferreira Construction Co, Inc. James A. Black, Division Manager Date City of Palm Springs Recommended By: Alberto Gradilla, Project Manager Date Recommended By: Joel Montalvo, City Engineer Date Attest By: Brenda Pree, City Clerk Date Docusign Envelope ID: A515CDDE-6D8B-4779-8400-9EC4D993D9EF 6/2/2025 6/2/2025 6/2/2025 6/2/2025 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Agreement (Construction Contract) Ferreira Construction Co., Inc. Carlos Lupercio, Project Engineer CLupercio@ferreiraconstruction.com Bogert Trail Sewage Lift Station, City Project 18-18 $2,460,138.64 (including this CCO#1 for $117,999.64) 04/11/2025 On file James Black, jblack@ferreiraconstruction.com Engineering Services Joel Montalvo / Alberto Gradilla X8718 June 16, 2022, Item 1.S. A9165 Contract Change Order No. 1 - TBD No Yes Yes Department Yes No Contract Change Order No. 1 is attached. N/A 03/20/2025 Vonda Teed Docusign Envelope ID: 5E91FDEB-CCC3-4C1E-A2B5-519305B6E01F Page 1 of 2 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER NO. 1 CP 18-18 BOGERT TRAIL LIFT STATION Contractor: Ferreira Construction Co, Inc. Date: 03/24/2025 CONTRACT CHANGE ORDER SUMMARY: This Change Order No. 1 covers the additional work listed below needed to complete the project. Row No. Description Qty Unit Cost 01. Per RFI No. 20 installation of a “Drop Bowl” was required which was not in the original scope of work. 1 L.S. $5,600.57 02. Larger cobbles and boulders were encountered in the subsurface than was expected from the geotechnical report. In addition, an unmarked active utility line was discovered, which required deeper excavations. Extra work was tracked as time and material. 1 T&M $66,325.78 03. Additional soil inspection and material testing needed. 1 L.S. $24,048.58 04. Custom stainless-steel flange per RFI #35 to fix elevation issues between the drop bowl and the pump station. 1 L.S. $5,093.52 05. Per Veolia, two additional bleed valves were needed, one at each discharge location. 1 L.S. $4,122.20 06. New leak seals installed at each end to prevent leaks over the wash. 1 L.S. $12,808.99 Total Lump Sum Change Order Amount $117,999.64 CHANGES TO CONTRACT TIME: The contractor requested a time extension due to long lead items. Long lead items included the manufacturing and delivery of the pump structure and electrical switchgear. Extensions were also granted due to unforeseen utility delays and conditions, thus adding 604 working days to the project. SOURCE OF FUNDS: Sufficient funding has been budgeted for this Contract Change Order No.1. SUMMARY OF COSTS: Original Contract Amount: $2,342,139.00 Construction Start Date: 12/28/2022 Previous Change Orders: This Change Order: Previous Agreed Completion Date: 10/26/2023 This Change Order Amount: $117,999.64 Working Days Added: 604 Revised Contract Amount: $2,460,138.64 Revised Completion 05/01/2025 Docusign Envelope ID: 5E91FDEB-CCC3-4C1E-A2B5-519305B6E01F Page 2 of 2 ACCEPTANCE AND SIGNATURES: I have received a copy of this Change Order and the above agreed prices are acceptable. Ferreira Construction Co., Inc James A. Black, Division Manager Date City of Palm Springs Recommended By: Alberto Gradilla, Project Manager Date Recommended By: Joel Montalvo, City Engineer Date Approved By: Scott Stiles, City Manager Date Attest By: Brenda Pree, City Clerk Date Docusign Envelope ID: 5E91FDEB-CCC3-4C1E-A2B5-519305B6E01F 3/24/2025 3/24/2025 3/24/2025 3/24/2025 3/24/2025 191W!"t f33:7:77K�7:fciY ACORDTM CERTIFICATE OF LIABILITY INSURANCE D6/2512024ATE YY) 6125/2024 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER R NE;CT Breffni McEntee Conner Strong 8 Buckelew P", NN E,N:646-891-4981 Ie; 646-843-3936 32 Old Slip, suite 3204 RECEIVED E-MAIL; bmcentee@connerstrong.com New York, NY 10005 INSURER(S)AFFORDING COVERAGE NAICa INSURER A: Liberty Mutual Fire Insurance Co. 23035 INSURED INSURER B: AXIS Surplus Insurance Company 26620 Ferreira Constructio(&E QF n� �CCo. rI�n�c. dba Ferreira Coastal CON6M' THE CITY CLER SURER Trisura Specialty Insurance Company 16188 10370 Commerce Center Drive, Suite B-200 INSURER D : Rancho Cucamonga, CA 91730 INsuRERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. lTR TYPE OF INSURANCE N I WD SUB POLICY NUMBER f D POLICY EFF EXP fMWDDffyM LIMITS A X COMMERCIALGENEMLUAiUUTY TB2631510814024 D710112024 0710112021 EACH OCCURRENCE s2,000,000 CLAIMS -MADE OCCUR PREMISES EiEMomlErrare S1 DDD 000 MED EXP (Any one Damon) $10 000 PERSONAL B ADV INJURY s2,000,000 GENT AGGREGATE UMIT APPLIES PER. GENERAL AGGREGATE f4,000,000 POLICY 4 JECCT O LOC PRODUCTS -COMPX)P AGG S4 000,000 I S OTHER A AUTOMOBILE LIABILITY AS2631510814014 7/01/2024 0710112026 CEO�MBINEDSINGLE LIMIT 2,000,000 BODILY INJURY (Per person) S X ANYAUT0 AO OE ONLY gUTpSU� X AUTOS ONLY X NON -OWNED AUTOS ONLY BODILY INJURY (Per amded) S PROPERTY DAMAGE Per accitleM f f B UMBRELLA WB X OCCUR P00100376214601 7/01/2024 07/01/202 EACH OCCURRENCE s3.000.000 X AGGREGATE s3,000,000 EXCESS LU1B CLAIMS -MADE DIED I I RETENTION$ f A AND EMPLOYERS' LIABILITY WORKERS COMPENSATION IN ANY PROPRIETORPARTNEREXECUTIVE Y ] OFRCERIMEMBER EXCLUDED'+ (Mandatory in NH) N/A WA263D510814034 7/01/2024 07/01/202 oTH- X PER ER E.L. EACH ACCIDENT $1000 000 E.L. DISEASE - EA EMPLOYEE $1110101010100 tt syeep describe under DESCRIPTION OF OPERATIONS bewx t123AEFFFCC012024 E.L. DISEASE - POLICY LIMIT $1000,000 C Excess Liability 7I01/2024 07/01/202 910M Occ. / $201M Agg. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remaras Schedule. may be attached N more space Is regWred) Coverage: Contractors Professional 8. Pollution Liability Carrier: Berkley Assurance Company (NAIC #39462) Effective: 07/0112024 to 07101/2026 Policy #: PCABS0253110724 Limits: Contractors Professional = $10,000,000 Each Claim & Aggregate (See Attached Descriptions) CityS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Palm Spring 0 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E Tahquitz Canyon Way ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE R1. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S46978261M4694142 B61M DESCRIPTIONS (Continued from Page 1) Pollution = $10,000,000 Each Claim & Aggregate Policy Aggregate Limit = $10,0009000 RE: Bogert Trail Sewage Lift Station Project CP 18-18 - 1451 Bogert Trail The City of Palm Springs, its officials, employees, and agents are Additional Insured on a primary and non contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. A waiver of subrogation applies as required by written contract and permitted by law. SAG17TA 25.3 (2016/03) 2 of 2 #54697826/M4694142 POLICY NUMBER: TB2-631-510814-024 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 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) Locations Of Covered Operations All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an "occurrence" or offence, to provide additional insured status 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 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. 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. 2. 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 contractor agreement to provide for such additional insured. 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 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: T132-631-510814-024 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an 'occurrence" or offence, to provide additional insured status 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 III — 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number T132-631-510814-024 Issued by Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Person(s) or Organization(s): Any person(s) or Organization(s) to whom you are Obligated by a written agreement to procure additional insured coverage under your policy If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4.Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 24 20 11 18 © 2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:TB2-631-510814-024 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Any person or organization you have agreed in writing to waive any right of recovery prior to a loss The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: AS2-631-510814-014 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization that the Named Insured has agreed and/or is obligated by contract or agreement to name as an Additional Insured, provided that the coverage afforded to the Additional Insured shall apply only to the extent of such contract or agreement and shall be subject to all the terms, conditions, exclusions and endorsements of this policy Information Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section If — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-631-510814-014 Issued by: Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Where required by written contract entered prior to a loss Regarding Designated Contract or Project: All locations as required by a written contract or agreement Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: AS2-631-510814-014 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. �161:I4 -1IIIItM Name(s) Of Person(s) Or Organization(s): Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Issued by: Liberty Mutual Fire Insurance Cc 23035 For attachment to Policy No WA2-63D-510814-034 Effective Date 07/01/2024 Premium $ Included Issued to: Ferreira Construction Co. Inc. WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 Client#: 353923 FERRECONST ACORD,. CERTIFICATE OF LIABILITY INSURANCE O TE 6/2512IODIYVYY) nsreo2a 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(les) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER N ME: Breffnl McEntee Conner Strong & Buckelew Ifir» En:646.891-4981 Na:6464M3.3936 32 Old Slip, Suite 3204 RECEIVED onE53: bmcentee@connerstrong.eom New York, NY 10005 INSURER(S) AFFORDING COVERAGE NAx:6 INSURER A: Liberty Mutual Fire Insurance Co. 23035 INSURED INSURER_8: AXIS Surplus Insurance Company 26620 Ferreira Construction Co. Inc. dba INSURER C: Triaurn Specialty Insurance Company 16188 Ferreira Coastal Cpf FICSOM.THE CITY CLERK 10370 Commerce Center Drive, Suite B-200 INSURERo_ _ Rancho Cucamonga, CA 91730INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. mgEpXCLUSIONS LTµ TYPE OF INSURANCE INS POLICY NUMBER M EFF POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR TB2631510814024 01710112024071011202 EACHOCCURRENCEs2000000 WORE gqeEMo Ema aKa $1 OOO 000 E10000 MED EXPAny one, perade PERSONAL S AOV INJURY s2,000,000 GEN'L AGGREGATE UNIT APPLIES PER: POLICY 51 JECT � LOC OTHER'. GENERAL AGGREGATE s4,000,000 PRODUCTS -COMP/OPAGG E4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X NCN-OWNrD AUTOS ONLY AS2631510814014 D7101112024 07/01/202 EOMBBDISINGLELIMIT 2,000,000 X BODILY INJURY (Per person) S BODILY INJURY (peraOdONX) i X PROPERTY DAMAGE Per $ S B UMBRELLALMB EXCESS LU(B X OCCUR I CLAIMS -MADE P00100376214601 7/01/2024 0710112026 EACH OCCURRENCE S3,000,000 X AGGREGATE s3.000.000 DED RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTWE Y/ OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) H yyes, desraihe under DESCRIPTIONOFOPERATO.Sbaba NIA Wp263D510814034 _ 123AEFFFCCO12024 7/01/2024 7/01/2024 0710112026 X IrPTEARTuTEI IOTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE S1 000 000 E.L. DISEASE -POLICY UNIT 57,000000 C Excess Liability 07/01/20 $1OM OCC. / $20M Agg. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is reRWred) RE: FCC-5462 - Bogert Trail Sewage Lift Station Project CP 18.18 Location: 1451 Bogert Trail, Palm Springs CA 92264 City of Palm Springs is an Additional Insured on a primary and non-contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. Excess Liability Policy follows form. City of Palm Springs Attn: Vonda Teed 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 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 W. ACORD 25 (2016/03) 1 of 1 #S4697391/M4697054 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD B6M POLICY NUMBER: T82-631-510814-024 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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) Locations Of Covered Operations All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an "occurrence" or offence, to provide additional insured status 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: 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CC, 20 10 12 19 POLICY NUMBER: T132-631-510814-024 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an 'occurrence" or offence, to provide additional insured status Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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 contractor agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number T132-631-510814-024 Issued by Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Person(s) or Organization(s): Any person(s) or Organization(s) to whom you are Obligated by a written agreement to procure additional insured coverage under your policy If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4.Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 24 20 11 18 © 2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:TB2-631-510814-024 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART EYti:l 4 lrl4 4 Name of person or organization: Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: AS2-631-510814-014 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization that the Named Insured has agreed and/or is obligated by contract or agreement to name as an Additional Insured, provided that the coverage afforded to the Additional Insured shall apply only to the extent of such contract or agreement and shall be subject to all the terms, conditions, exclusions and endorsements of this policy will be shown in the Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-631-510814-014 Issued by: Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Where required by written contract entered prior to a loss Regarding Designated Contract or Project: All locations as required by a written contract or agreement Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed priorto the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: AS2-631-510814-014 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Issued by: Liberty Mutual Fire Insurance Co 23035 For attachment to Policy No WA2-63D-510814-034 Effective Date 0710112024 Premium $ Included Issued to: Ferreira Construction Co. Inc. WC 00 03 13 01983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 CONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract Company Name: Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co/ Company Contact: Marla Gibbins Summary of Services: CP 18-18, Bogert Trail Sewage Lift Station Contract Price: $2,342,139 J Funding Source: Wastewater funds Contract Term: To be determined by the Notice to Proceed Contract Administration Lead Department: Development Services — Engineering Division Contract Administrator: Joel Montalvo/Andrew Crider Contract Anorovals Council Approval Date: June 16, 2022 i Agenda Item No.: Item LS. Agreement Number: A9165 ,/ Contract Compliance Exhibits: Attached Signatures: Attached Insurance: Attached Bonds: Attached Contract Prepared By: Engineering Division Submitted on: 07/05/2022 By: Vonda Teed N^ AGREEMENT A9165 (CONSTRUCTION CONTRACT) THIS AGREEMENT made this day of , 20 ? by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Ferreira Construction Company Inc. dba Ferreira Coastal Construction Company, a New Jersey corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 — THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: BOGERT TRAIL SEWAGE LIFT STATION PROJECT CP 18-18 The Work comprises include but are not limited to: all materials, labor, tools, equipment, apparatus, facilities, transportation, incidentals necessary to furnish, all implied requirements, and all appurtenant work as required to deliver and install the Bogert Trail Sewage Lift Station Project No. 18-18, including, a new belowground sewer lift station consisting of a new wet well and dry well, and a 4-inch sewer force main that connects to the existing manhole to the west of the Bogert Trail Bridge as detailed within the contract documents. ARTICLE 2 — COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss 9 the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications. as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section Revised 2.922 Page 1 of 6 does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. /_1 A i Is3, 4141meZil � h III :LC61 i a :1 Is] The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is two million, three hundred and forty-two thousand and one hundred and thirty-nine dollars ($2.342.139.001. Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions *to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non- Discrimination Certification, Non - Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 2, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Revised 2.9.22 Page 2 of 6 Documents. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -- NOTICES All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor's principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 8 -- INDEMNIFICATION Contractor shall provide indemnification and defense as set forth in Section 7-15 "Indemnification," of the Special Provisions. ARTICLE 9 — PREVAILING WAGES Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 10 -- CONFLICT OF INTEREST Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Revised 2.9.22 Page 3 of 6 ARTICLE 11--NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. ARTICLE 12 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without -such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 13 — PROJECT LABOR AGREEMENT 13.1 Generally The Work is subject to the City's Community Workforce Agreement dated August 31, 2021 ("CWA" or "Project Labor Agreement" or "PLA"), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Revised 2.9.22 Page 4 of 6 Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work. Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the "LOA" ), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first. 13.2 Subcontractors Contractor shall include, and shall require all of Contractor's subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost. 13.3 Condition of Payment Compliance by Contractor and all of Contractor's subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor's right to payment under this Agreement. 13.4 Reformation Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction. 13.5 Conflicts In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control. 13.6 Costs of Compliance Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13. 13.7 Not a Limitation The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents. SIGNATURES ON NEXT PAGE Revised 2.9.22 Page 5 of 6 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND FERREIRA CONSTRUCTION COMPANY INC. dba FERREIRA COASTAL CONSTRUCTION COMPANY IN WITNES HEREOF, the Parties have executed this Agreement as of the dates Stated belo . Iz�7% am.I — Date: (P �%L I ZZ Date CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: 6-I6��°2y AotM Date: Item No. � , S APPROVED TO FORM: By: y S. Ballinger, City Attorney APPROVED: By: � i & Justin Clifton, City Manager ATTEST: Revised 2.9.22 Page 6 of 6 required for Corporations) I --?'Z. e Lomeli, City Clerk Date: 1119 1 2>- PERFORMANCE BOND — PUBLIC WORKS Bond Number. 47SUR-300088-01-0479 KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work described as follows: BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract'), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Berkshire Hathaway Specialty Insurance Company, 1314 Douglas Street, Suite 1400, Omaha, NE 68102 -1944 a corporation organized and existing under the laws of the State of Nebraska , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City In the sum of Two Million Three Hundred Forty Two Thousand One Hundred Thirty Nine Dollars and 00/100 Dollars ($ 2,342,139.00 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its 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 said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby 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 thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications. No Final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BOGERT TRAIL SEWAGE LIFT STATION PERFORMANCE BOND CITY PROJECT NO. 18-18 AGREEMENT AND BONDS - PAGE 1 FEBRUARY 2022 PERFORMANCE BOND — PUBLIC WORKS (CONTINUED) Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 28th day of June 2p22 Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. CONTRACTOR: 10370 Commerce Center Drive, Suite B-200, Rancho Cucamonga, CA 91730 Check one: _ individual, _ partnership, X corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. By. signature (NOTARIZED) Print Name and Title: SURETY: Berkshire Hathaway Specialty Insurance Company a 1101. 11/ Print Name and Title: O, OX)lljil PCMs Cx'_ '�C�O' y, (k_ Marisol Mojica, Attomey-in-Fad 0 signature (NOTARIZED) Print Name and Title: By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 64 "Default by the Contractor", as further amended by the Special Provisions. BOGERT TRAIL SEWAGE LIFT STATION PERFORMANCE BOND CITY PROJECT NO. 18-18 AGREEMENT AND BONDS - PAGE 2 FEBRUARY 2022 PERFORMANCE BOND — PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $ 6.25 per thousand. The total amount of premium charged: $14,638.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the Califomia Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Berkshire Hathaway Specialty Insurance Company 1314 Douglas Street, Suite1400 Omaha, NE 68102 -1944 (Name and Address of Agent or Berkshire Hathaway Specialty Insurance Company Representative for service of process in California if 707 Wilshire Boulevard, 48th Floor different from above) Los Angeles, CA 90017 (Telephone Number of Surety and (862)777-8190 Agent or Representative for service of process in California) BOGERT TRAIL SEWAGE LIFT STATION PERFORMANCE BOND CITY PROJECT NO. 18-18 AGREEMENT AND BONDS - PAGE 3 FEBRUARY 2022 CML 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 San Bernardino __ On June 28, 2022 Date personally appeared before me, Marla K. Gibbins, Notary Public Here Insert Name and Title of the Officer Brandon Penick Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the per, on( whose name is/aX subscribed to the within instrument and acknowledged to me that hel;e/tF y�executed the same I his,/tf�r authorized capacity(), and that hisfI Ar/thFlr signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Bernardino no Co S NotaryPu6110 - CalHornia 3 San Bernardino County Commission ! 2364631 My Comm. Expires Jul 7, 2025 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capactty(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — T@Ie(s): Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-'800-876-6827) Item #6907 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 28th DAY OF June, 2022 BEFORE ME PERSONALLY APPEARED Marisol Moiica TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY -IN -FACT OF Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY. THE DAY AND YEAR WRITTEN ABOVE. Notary Public "mom A. D rAm Jr. Notary Public State of New Jersey My c m mem expires AWO 9.2020 47-S U R-300088-01-0479 Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and byvirtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, 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"), pursuanttoand by the authority granted asset forth herein, do hereby name, constitute and appoint: MarisLA Mirimiga, Kevin T. Walsh Jr. Thomas MacDonald, Knistal L. Strarvato. Jadyn Thomas 100 South Jefferson Road. Suite 101. of the city of Whippany State of New Jersey. their true and lawful attorney(s)-m4act 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 bonds) 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 December 20, 2018. 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 The following signature byan authorized officer of the Company maybe a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President i SPEW(rr 3P pPtogal'rY � SCNETYf �� gGL R ('�)j,�rBaxsti 3a �y f xis NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President me [�aE µa Oqq fLiscliETr �; SGLs8tH q xP+, NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, 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] /I A. DELISIO10 IN yPubiieommonwealth of Massachusetta0.1GEOFFERY r mT c.w Nmamhw 11. 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer 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 Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this June 28, 2022. o2�r�,�g.p5oi0PgE„RGv'MoERLNlavYsr.at 'F� )C�; ii6!oa��oes5x4FlS'x1PEa[oL4CFaT� aµ`Y 6C�sQsrppYh Officer UA3431L BHSIC, NICO & NLF PDA (2018) 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 anytime any such Attorney -in -fact and revoke the authority given. him. (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. (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) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers 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. NATIONAL 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) remove at any time any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY I N SURANCE C O M P A N Y 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS' 12131 /2021 12/31/2020 12/31 /2019 Total invested assets $ 6,504,184,299 $ 5,475,240,588 $ 5,172,183,338 Premium & agent balances in 552,510,359 603,615,506 368,086,012 All other assets 142,765,038 157,897,676 127,524,677 Admitted Assets $ 7,199,459,696 $ 6,236,753,770 $ 5,667,7914,027 LIABILITIES & SURPLUS` 12/3112021 1213112020 12/3112019 Loss & loss exp. unpaid $ 1,142,116,028 $ 921.923,948 $ 634,745,558 Unearned premiums 484,660,143 372,836,160 314,117,549 All other liabilities 1,163,007,684 1,054,922,210 744,738,458 Total Liabilities 2,789,783,855 2,349,682,318 1,693,601,565 Total Policyholders' Surplu. 4,409,675,842 3,887,071.452 3,974,192 463 Total Liabilities & Surplus $ 7,199,459,697 $ 6,236,753,770 $ 5,667,794,028 Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the companys domiciliary state. PAYMENT BOND — PUBLIC WORKS Bond Number: 47-SUR-300088-01-0479 KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor'), an agreement for the work described as follows: BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Berkshire Hathaway Specialty Insurance Company, 1314 Douglas Street, Suite 1400, Omaha, NE 68102 -1944 a Corporation organized and existing under the laws of the State of Nebraska , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Two Million Three Hundred Forty Two Thousand One Hundred Thirty Nine Dollars and 00/100 Dollars ($ 2,342,139.00 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment"Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. BOGERT TRAIL SEWAGE LIFT STATION PAYMENT BOND CITY PROJECT NO. 18-18 AGREEMENT AND BONDS - PAGE 1 FEBRUARY 2022 PAYMENT BOND — PUBLIC WORKS (CONTINUED) The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications. No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 28th day of June 2022 Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. CONTRACTOR: 10370 Commerce Center Drive, Suite B-200, Rancho Cucamonga, CA 91730 Check one: _ individual, _ partnership, x corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: Ferreira Constructon Co., Inc. dba Ferreira Coastal Construction Co. By: signature (NOTARIZED) Print Name and Title: By: signature (NOTARIZED) Print Name and Title: EXECUTED FOR THE SURETY: Berkshire Hathaway Specialty Insurance Company By signatuliq (NOTARI D) Print Name and Title: Madsol Mojica, Attorney -in -Fad BOGERT TRAIL SEWAGE LIFT STATION PAYMENT BOND CITY PROJECT NO. 18-18 AGREEMENT AND BONDS - PAGE 2 FEBRUARY 2022 PAYMENT BOND — PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $ 6.25 per thousand. The total amount of premium charged: $ 14,638.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California if different from above) (Telephone Number of Surety and Agent or Representative for service of process in California) BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 FEBRUARY 2022 Berkshire Hathaway Specialty Insurance Company 1314 Douglas Street, Suite 1400 Omaha, NE 68102 -1944 Berkshire Hathaway Specialty Insurance Company 707 Wilshire Boulevard, 48th Floor Los Angeles, CA 90017 (862)777-8190 PAYMENT BOND AGREEMENT AND BONDS - PAGE 3 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 rot the truthfulness, accuracy, or validity of that document. State of California County of _San Bemardino On _ June 28, 2022 Date personally appeared before me, Marla K. Gibbins, Notary Public Here Irtsed Name and Title of the Officer Brandon Penick Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person whose nam��,I( is/a/ subsc ib to the within instrume t and acknowledged tg me that he/ e/tF y executed thei same i his Rt it authorized capacity(t and that b hisRy!(r/tVIr signature(y�on the instrument the person; or the entity upon behaff of which the personA acted, executed the instrument. =yNotarypubjjC. ISBINS � Cali/ornlaa County 2364631s Jul 7, 2025 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 /►"Yp� 41- ti� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signers) Otter Capacfty(ies) Claimed by Signers) Signer's Name: Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Document Date: Than Named Above: Signer's Name: Corporate Officer — Tdlei Partner — i Limited ❑ General I ' Individual ❑ Attorney in Fact L_ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: _ ©2014 National Notary Association • www,NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 28th DAY OF June, 2022 BEFORE ME PERSONALLY APPEARED Marisol Moiica TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY -IN -FACT OF Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE. Notary Public William Drayton. Notary Public State of New Jersey My Commission expires Apra 8, 2028 E7'�iO�I2'CZI:II[EGi'gE7 Berkshire Harhaway Specialry Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY 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 One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, 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: M isol Malice. Kevin T. Walsh. Jr.,Thomas MacDonald, Krystal L Stravato. hichm Thomas 100 South Jeffitrion Road Suite 201. of the cityof Whippany, State of Newe their true and lawful attomey(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as theiract 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 December 20, 2018. 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. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President .�s avo4iPh- 9 srAL �s �rexasOF ♦ sMa NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President me l�Ny n+aisM NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, 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 duty 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] I OEOFFERY PuA.blic DELIBIO /vH[>•,_r/'�YIIk- Haary Publlc Cammonwealdta MasaachusatM My Comm. Espires November 29. 202t Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY& HIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this June 28, 2022. P�SPfa4sY �OEMH/T y�i`RE rya 2 ; ztrd5U0.E3y'1; of SE0.LTY ;y4' � 8AL of SEAL ]>'3J` _� Officer ~FeP so-vai° y�'un.,. Mcm r �o�°aA[cz`°±s2o Hpa a 1M[ N !YN ♦ xM BHSIC, NICO & NLF POA (2018) (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 anytime 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 usua Ily 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) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers 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 anytime 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. NATIONAL 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) remove at anytime any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NLF PDA (2018) BERKSHIRE HATHAWAY SPECIALTY I N SURANCE C O M P A N Y 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS' 12/3112021 12/31/2020 Total invested assets $ 6,504,184,299 $ 5,475,240,588 Premium & agent balances In 552,510,359 603,615,506 All other assets 142,765,038 157,897,676 Admitted Assets $ 7. 199459.696 S 6,236,753,770 LIABILITIES & SURPLUS` 12131/2021 1213l/2020 Loss & loss exp. unpaid $ 1,142,116,028 $ 921,923,948 Unearned premiums 484,660,143 372,836,160 All other liabilities 1,163,007,684 1,054.922,210 Total Liabilities 2.789.783,855 2,349,682,318 Total Policyholders' Surplus 4409.675,842 3,887,071452 Total Liabilities & Surplus S 7,199,459,697 S 6,236.753,770 12131/2019 $ 5,172,183,338 368,086,012 127,524,677 5 5,667.794,027 12/31/2019 $ 634,745,558 314,117,549 744,738,458 1,693,601,565 3,974,192,463 S 5,667,794,028 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. , BID PROPOSAL ACKNOWLEDGEMENT FORM BID TO: CITY OF PALM SPRINGS, CALIFORNIA BID FROM: Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. The undersigned Bidder proposes and agree, if this Bid is accepted, to enter into an Agreement with the City in the form included in the contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO.18-18 Bidder accepts all of the term and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period .stated in the Notice Inviting Bids, unless otherwise required by.law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Performance Bond, Payment Bond, Warranty Bond, and all Permits required by the Contract Documents. Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of the California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provision of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non -Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bid Schedule(s). The Base Lump Sum Bid commits the bidder to a "Firm Fixed Price" cost, and includes all other incidental or additional costs required to complete the work as identified in the contract documents. The Base Lump Sum Bid is inclusive of all other costs, including all materials, supplies, labor, vehicles, equipment and ancillary costs required to complete the work. BOGERT TRAIL SEWAGE LIFT STATION BID PROPOSAL ACKNOWLEDGEMENT CITY PROJECT NO. 18-18 PAGE 1 A detailed schedule of values for the lump sum bid shall be fully executed and submitted with the Bid not later than seven (7) calendar days of the bid opening. If required, the Bidder is to revise the schedule of values to the satisfaction of the City Engineer. QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid Rem in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted.item of Work. SPECIAL NOTE: In the event of any "missing" bid items or scope of work not otherwise included or identified in the Bid Schedule, but indicated or required by the Plans and Specifications, the Contractor shall prosecute the work as required by the Plans and Specifications, and payment for any "missing" bid items or scope of work shall be included in the various bid items of work, and no additional payment will be allowed therefore. Dated: 05.17.2022 By: (Signature) Printed Name: Brandon Pensick Title: Senior Vice President BOGERTTRAIL SEWAGE LIFT STATION BID PROPOSAL ACKNOWLEDGEMENT CITY PROJECT NO. 18-18 PAGE 2 BID PROPOSAL AND ADDENDA ACKNOWLEDGEMENT FORM BID TO: CITY OF PALM SPRINGS, CALIFORNIA BID FROM: Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. The undersigned Bidder proposes and agree, if this Bid is accepted, to enter into an Agreement with the City in the form included in the contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO.18-18 Bidder accepts all of the term and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Performance Bond, Payment Bond, Warranty Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda, receipt of which is hereby acknowledged: Addendum Number 1 Addendum Number 2 Addendum Number Addendum Number Addendum Number f_T 119MI SIVIN1R on, 07M Addendum Number Addendum Number BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 MARCH 2O22 Date Received: 04.25.2022 Date Received: 05.02.2022 Date Received: Date Received: Date Received: Date Received: Date Received: Date Received: BID PROPOSAL PAGE Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of the California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provision of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non - Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bid Schedule(s) Dated: 05.17.2022 By: (Signature) Printed Name: Brandon Pensick Title: Senior Vice President BOGERT TRAIL SEWAGE LIFT STATION BID PROPOSAL CITY PROJECT NO. 18-18 PAGE 2 MARCH 2O22 BID SCHEDULE Schedule of Prices for Construction (Unit Prices Shall be Submitted On -Line) BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 Fumish all labor, materials, equipment, applicable taxes, and incidentals necessary for the accomplishment of the following specific work items: each being the LUMP SUM PRICE (LS), LINEAR FOOT PRICE (LF), SQUARE FOOT PRICE (SF), STIPULATED DOLLAR AMOUNT, ALLOWANCE (ALLOW), DAILY PRICE (DAY), OR EACH PRICE for the specific item: Item Description Estimated Unit Unit Amount No. QuantitV Price 1. Mobilization/Demobilization 1 LS 00 11� IOU.° 2. Dust Control 1 LS 30,'60o.pO 36Vo,° 3. Traffic Control 1 LS 1011200.0° 4 Install 4" Dia. PVC 900 including all 462 LF 2 5-• 0 0 00 11$,334. fittin s and appurtenances . Install 4" Dia. D.I. Pipe C151, CIL 5. 350 including all fittings and 363 LF S S S . 00 appurtenances 6 12" Dia. Steel Casing per 300 LF 3q8. oo f 119,yoo. o specifications 7. Install Casing Spacers per 25 EA o0 00 Specifications 8 Install Hangers per drawings and 30 EA 2 5}$ 00� °D 3y specifications b, 9 Install 2" Air Release Valve per 1 EA ) } specifications 600,00 1} p0 ,000, 10. Provide Shoring/Trenching/Bracing 1 LS 133 000.p0 133 000 ° per the specifications Install Sewage Lift Station Package 11. per drawings and specifications 1 LS U 0A00" 1, 37O,gCO ' com lete 12. Pavement replacement 1 LS 66,500.00 66,500 06 13 Restore Owner's Property prior to 1 LS Ly oo iy,ab0 00 construction 14. Contractor to connect forcemain to 1 EA 113,700.0O p° existing manhole 15 Concrete encasement of piping per tans ands specifications 50 LF °0 3 50.. 00 13; S 00, 16. Permits 1 LS I, S00. p0 I'Soo. °0 BOGERT TRAIL SEWAGE LIFT STATION BID PROPOSAL CITY PROJECT NO. 18-18 PAGE 3 MARCH 2022 as 17. As -Built Drawings 1 EA 1,,O0o.°° l,000':a 18. Inspection and Testing 1 LS 1C1,00o pO jq, 000:po Total (items #1-18) 2 3 L;2 13 9. o v BASIS OF AWARD: TOTAL OF ALL ITEMS OF THE BID SCHEDULE (1-18): $ );9,00 (Price in figures) LWO p 'Lu Mwi lYXdAu kXAanZ *V-& Price in words QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the rightto delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. SPECIAL NOTE: In the event of any "missing" bid items or scope of work not otherwise included or identified in the Bid Schedule, but indicated or required by the Plans and Specifications, the Contractor shall prosecute the work as required by the Plans and Specifications, and payment for any .missing" bid items or scope of work shall be included in the various bid items of work, and no additional payment will be allowed therefore. BOGERT TRAIL SEWAGE LIFr STATION BID PROPOSAL CITY PROJECT NO.18.18 PAGE 4 MARCH 2O22 _4 j CORPORATE RESOLUTION UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS OF FERREIRA CONSTRUCTION CO., INC. IN LIEU OF A MEETING The undersigned, being the sole Director of FERREIRA CONSTRUCTION CO., INC, a New Jersey corporation (the "Corporation"), pursuant to the provisions of Section 14A:6-16, Corporations, General of the NewJersey Statutes, hereby consents in writing to the adoption of, and does hereby adopt, thefollowing resolutions, to be effective as though adopted by the directors of the Corporation at a meeting duly called and held: LET IT BE RESOLVED, that the following persons are officers of the Corporation, the same to serve at the pleasure of the Board: President: Nelson Ferreira Sr. Vice Presidentl CFO: Jerry Killian Sr. Vice President: Dictinio Garcia Sr. Vice President: Nancy Wet Sr. Vice President of Field Operations: Brian Delpome Vice President of NY Operations: Tom Groark Vice President of Stuart, Florida Operations: Jahn Ciabattari Vice President of Medley,_Fiorida Operations: Danny Garcia_._ ._ Vice President of Ferreira Coastal Operations: Brandon Pensick Vice President of Electrical, Southem Division: Robert Higginbotham Chief Operating Officer of Ferreira Northeast Coastal Operations: AI Marsocci Secretary[Treasurer. Luis Pacheco LET IT BE FURTHER RESOLVED, the officers of Ferreira Construction Co., Inc. have authority to sign all contracts and bind the corporation. IN WITNESS WHEREOF, I have set my hand on this 7n' day of January, 2021. 31 Tannery Road, Branchburg, NJ 08876 Phone: (908)534-8655 Fax: (908)'534.8656 www.ferrairaconstruction.com An Equal Opportunity Employer BIDDER'S LIST OF SUBCONTRACTORS As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non -responsive. A. BIDDER'S PORTION OF WORK Page 1 of_ 1. Name of Prime Contractor. Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. 2. Bid Items / Portion of Work tobeSelf-Performed (if less than 100% of the contract): yGl Y h a` • 1 . # t�Cv o 3. Dollar Amount of Work Self- 4. Percentage of Work Self- 5. Date: Performed: 116gI)Ioo,o,5 Performed: �-2 fo os.n.zozz rWB�y signing the Bid Form, Contractor hereby certifies that it will perform not less than 50% of the Contract ork with its own forces. B. LIST OF SUBCONTRACTORS 1. Type of Subcontractor (Check One) )Zf First Tier, ❑ Second Tier, ❑ Supplier; ❑ Service Contractor (e.g. Truckin 2. Subcontractor Name:' } q4A . '& ar `lmc - 3. Address: +f� r 32 flknd%o eC ii 2(3 4. Bid Items/Portion of Work: ) ark; q\ (�. S.. 1 - / is C G, ,,, 3 C a 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: 7-19-'iyy-►$Sj ` )5015Z 0<$1M 0<$5M ❑<$10M ❑ < $15M A> $15M 8. Amount of Contracted Work: 00 9.DIR Public Works Contractor ia, oi6 Registration No: I000OoC,5r+& 110. Percentage of Contracted 11. DBE Firm? ❑ Yes �MO 12. DBE Certification No.: .1904 BOGERT TRAIL SEWAGE LIFT STATION BIDDERS LIST OF SUBCONTRACTORS CITY PROJECT NO. 18-18 FEBRUARY 2022 BIDDER'S LIST OF SUBCONTRACTORS - (Continued) Copy this page as needed to provide a complete listing. Page _ of 1. Type of Subcontractor (Check One) Trucking)" ❑ First Tier, ❑ Second Ter, ❑ Supplier; ❑ Service Contractor (e.g. 2. Subcontractor Name: 3. Address: 4. Bid ItemslPortion of Work: 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: 0<$1M 0<$5M 0<$10M ❑ < $15M ❑ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11 DBE Finn? ❑ Yes ❑ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) Trucking) ❑ First Tier, ❑ Second Tier, ❑ Supplier; ❑ Service Contractor (e.g. 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: 0<$1M ❑<$5M 0<$10M ❑ < $15M ❑ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? ❑ Yes ❑ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) ❑ First Tier, ❑ Second Tier, ❑ Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: S. Contractor's License No.: 7. Annual Gross Receipts: 11<$1M 0<$5M ❑<$10M ❑ < $15M ❑ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Finn? ❑ Yes ❑ No 12. DBE Certification No.: BOGERT TRAIL SEWAGE LIFT STATION BIDDERS LIST OF SUBCONTRACTORS CITY PROJECT NO. 18-18 FEBRUARY 2022 LOCAL BUSINESS PREFERENCE PROGRAM BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 It is the policy of the City to promote employment and business opportunities for local residents and firms on all contracts and give preference to local residents, workers, businesses, contractors, and consultants to the extent consistent with the law and interests of the public. The contract for this project is subject to the provisions of Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub -Contracting)", which states: Local Preference in Public Works Contracts (Sub -Contracting). The prime contractor shall use good faith efforts to sub -contract the supply of materials and equipment to local business enterprises and to sub -contract services to businesses whose work force resides within the Coachella Valley'. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub -contractors, or by demonstrating that no local sub -contractors are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub -contractors shall include notification of this subsection. The City Council or Director may reject as non -responsive the bid of any contractor proposing to use sub -contractors that fail to comply with the requirements of this subsection. If you are a local firm, located in the Coachella Valley', please check this box, and sign/date below. You have complied with the City's Local Business Preference Program. ❑ I am a local business located in the Coachella Valley. Signature: Date: If you are not a local firm, located in the Coachella Valley', please check this box and one of the choices below it. By signing this statement, you understand that you are required to keep track of your efforts to reach out to businesses located in the Coachella Valley (or whose workforce resides in the Coachella Valley) and provide sufficient information to demonstrate that you have made good faith efforts to comply with the City's Local Business Preference Program. E'( I made efforts to subcontract bid items supply of materials, and/or services to local businesses, and businesses whose workforce resides in the Coachella Valley (you must check one below) P1 and I am using at least one to subcontract or provide materials/services on this project. ❑ er, no ere selected for this project. Signature: Date: 05.17.2022 ' "Coachella Valley" means the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley' includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. BOGERT TRAIL SEWAGE LIFT STATION LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 18-18 PAGE 1 FEBRUARY 2022 To demonstrate a good faith effort towards the City's Local Business Preference Program, you must provide an answer to each of the following 5 questions on additional sheets of paper. 1. Provide the list of bid item(s), materials/supplies to be furnished, and/or services provided (Le. hauling, crane, surveying) that you made available to local businesses located in the Coachella Valley (or whose workforce resides in the Coachella Valley) to provide you with bids or proposals on this Project. 2. Provide a list of all local businesses, located in the Coachella Valley (or whose workforce resides in the Coachella Valley) you solicited for bids or proposals for this project. If you did not solicit bids from any local subcontractors or businesses, you must explain why to answer this question. For each company solicited provide the following information: a. Name of firm solicited b. Date of initial solicitation c. Follow up methods (email, phone, in person) w/ dates 3. Provide a list of publications, electronic bid boards, or other resources used to solicit bids or proposals from businesses located in the Coachella Valley (or whose workforce resides in the Coachella Valley). For each, provide the following information: a. Name of publication, electronic bid boards, or other resource b. Date(s) of advertisement or posting, etc. 4. Provide the list of all local businesses, located in the Coachella Valley (or whose workforce resides in the Coachella Valley), who were selected to be a part of your bid on this project. For each company provide the following information: a. Name of Company b. Bid item(s), materials supplied and/or services provided c. Estimated cost of materials or services provided d. Percentage of total project bid 5. Provide the list of local businesses, located in the Coachella Valley (or whose workforce resides in the Coachella Valley) who were ultimately not selected to be a part of your bid on this project. For the purposes of the Local Business Preference Program the "Coachella Valley" means the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" also includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Common Zip Codes in the area defined as the Coachella Valley include, but are not limited to: 92201 92203 92210 92211 92220 92230 92234 92236 92239 92240 92241 92253 92254 92260 92262 92264 92270 92274 92276 92282 92561 BOGERT TRAIL SEWAGE LIFT STATION LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 18-18 PAGE 2 FEBRUARY 2022 CONSTRUCTION �* INC AR Your DBE resource HOME CONTACT US Get your DVBF CMIIueon Mra V.ax Gootl `a. EMan Ad, W re p4<F Good Fain Elfen rW. Hii e 'r 'NAdnugan Mrvka AEC Ya11aw Papra -bank'. BIOSn" pwt a P,haa pJ o Canpna Dlue neei'd Hap No Advarealnp OppeMKMa Click on 0 banner anntn�terrrrr�aIt�o learnmore . T�IVrrINTJiNGS A -SMI)PRUCSICNTHEWEA(OAR 1 Pure Effect area refet eadarin U rile txlHral IJbidlaa �c,` �-idF'ibilD Yr J(sll P(u(ili,uN• e.,:;board 'u•l. u(cvli.n (•;•Jt -. 1. n:un Cluya f Wrlramata CmeoueddeStar. Marth2r.2a13 Date Of AdvedUsement Macament 3128/2022 6:4a:1a M Ferreira Construction Co, Inc dba Ferreira Co An Equal Opportunity Employer, K requesting quotations tram all ggauned Lee sub -central are materal suppliers for the raeving prols, Bogert Trail Sewage Lift Station Project No. 18-18 City/Location: Pawn Springs County: Riverside Owner; City of Palm Springs Bid Date: TMoediry 4/26/2022 at 3:00 PM we are requesting bids for ire folievarg tril and/or suppres: Asphalt SuppheA Aspna t Paving Subcnnbattm, Sewer Ppe and Hating!, Concrete Peale, Mix Suppher. Ag,ilgate Suppler NAILS Cla"Iflcaagns sector 22— unties sea" 2 ddarruction • Sewaoe Treabnent FaoRtles• N'aW are Sewer Une arW PeNteP 5trucW,es ConSVuctbn "I Cassintatians DIVISION 2 - sin WORK • PIPR19TTINGS SEVdERAGE/DRAINAGE • TRENCHING. BACKFILING AND C044PAM04 Bid documents can be viewed at 0, gbtalr ad bore: pia s, SpNVY gbfalneelfl amre the City wgeeostttrepratthNettgpejecl are avaeable foor n.vlew at our recftki/ede(30 ment saer.gmeeeCranrt9-esr co!ea /mpCna-pmJemc-an -11Gm We are seeking local ouurau padecnobw hom the Coacre:la Vapey Ave, Ferreira Construction Car Inc dba Ferreira Co 10320 Commerce Carver DrNe Ste 2W B Rar ou Ceeamor ga, eA 91230 rimer: (909) 6r/5900 Pax:(9091 606-701_ tree Scon bscottBterrekacortsnuaign.com PYK'atm al am Thcba:ee %d M The aweuy eMFmh and Ttm eomm�,<mn sac had! ue Fa P,LA Mia Ieol<d at rr-1..a796311 <ae and AS,, 1onauri<om Ghene't.add,tTa.5I1< Faz'16196aa 05.5 This solicitation Ad will run until the bid date almsry PRIVACY STATEMENT TBI MME CePrrl%e 21122, Cemeuaaon MrN //Banner code Faster WMMtl We use rookies to provide you with the best Possible experience and to help us better understand how our site Is Used. We take the protection of your personal data very seriously. Please see our Pnvacv Poi for rtere details. BY COOtirluing to use this site, you consent to our use of cookies. -4_ �llte=.F'lash ROME CONTACT Get your DVBE us certification here View Good Faith Effort Ads Here Piece Good Faith Effort Ads Here Project Notification Service AEC Yellow Pages "What" Bidding" Post a Private Project Certified Disadvantaged Help Desk Advertising Opportunities Click on a banner to learn more 2020TOP PERFORMING SRA BMI)PROI)DOONiH WIMCMA Pure Effect. 1aL91/ 91If, TJlG#aTL►CMN/C 1A—U& LftcrftmuwjnlUnder in Your ruii-:;ufl'?yvJay l'iL/iii ;d1un q; DBE eBidboard Will Advil resource Welcome to The Weekly Bid Flash. March 28, 2022 Lbftd by tM Stated CaNmib DFpidnwRd SMas Bfdness ad DVBE Selvkea r s Trade and Focus Purbixedoo Date Of Advertisement Placement: 3/28; 2022 Ferreira Construction Co, Inc dba Ferreira Co An Equal Opportunity Employer, is requesting quotations from all qualified LBE sub -contractors and material suppliers for the following project: Bogert Trail Sewage Lift Station Project No. 18-18 City/Location: Palm Springs County: Riverside Owner: City of Palm Springs Bid Date: Tuesday 4/26/2022 at 3:00 PM We are requesting bids for the following trades and/or supplies: Asphalt Supplier, Asphalt Paving Subcontractor, Sewer Pipe and Fittings, Concrete Ready Mix Supplier, Aggregate Supplier NAICS Classifications Sector 22—utilities Sector 23--Construction • Sewage Treatment Facilities s Water and Sewer Line and Related Structures Construction CSI Classifications DIVISION 2 - SITE WORK • PIPE/FITTINGS • SEWERAGE/DRAINAGE • TRENCHING, BACKFILLING AND COMPACITON Bid documents can be viewed at or obtained from: Plans, Specifications, and requirements for the project are available for review at our office (10370 Commerce Center Drive, Rancho Cucamonga, CA 91730) or may be obtained from the City website at https://www.palmspringsca.gov/govemment/departments/engineering- services/capital-projects-on-line-bidding We are seeking local business participation from the Coachella Valley area. Ferreira Construction Co, Inc dba Ferreira Co 10370 Commerce Center Drive, Ste 200 B Rancho Cucamonga, CA 91730 Phone: (909) 606-5900 Fax: (909) 606-7011 Bree Scott bscott@fe"eiraconstmction.com Published on 342912022 by The Weekly Bid Flash and The Construction Star Trade and Focus Publications located at www.lheweaklybkh1ash.can and www.constari.com Phone: 1.800.479.5314 Fax: 11.619.689.0585 This solicitation Ad will run until the bid date SECURITY PRIVACY TERMS pCp STATEMENT OF USE pyrlgM2022, Weekly Bid Flash All Rights Reserved //Bannercode Bree Scott From: Brandon Pensick Sent Tuesday, March 29, 2022 6:58 AM To: Marla Gibbins; Bree Scott Subject Fwd: Construction Star DBE Ad Affidavit - Bogert Trail Sewage Lift Station Project No. 18-18 Brandon Penick Vice President Ferreira Construction 10370 Commerce Center Dr. Suite B- 200 Rancho Cucamonga, CA 91730 Begin forwarded message: From: Construction Star <support@constarl.com> Date: March 28, 2022 at 5:03:45 PM CDT To: Brandon Penick <BPensick@ferreiraconstruction.com> Subject: Construction Star DBE Ad Affidavit- Bogert Trail Sewage Lift Station Project No. MIS Proof of Publishing Affidavit To Whom It May Concern: Be it known that this is a sworn affidavit that Ferreira Construction Co, Inc dba Ferreira Co did place an advertisement we published on 3/28/2022 in our nationwide publications, Construction Star, Inc. and The Weekly Bid Flash, seeking Certified Disadvantaged subcontractors and/or material suppliers for the project Bogert Trail Sewage Lift Station Project No. 18-18 . A copy of the advertisement is below: Date Of Advertisement Placement 3/28/3022 6644:14 PM y '- Ferreira Construction Co, Inc dba Ferreira Co An Equal Opportunity Employer, Is requesting quotations from all qualified LBE sub -contractors and material suppliers for the following project: Bogert Trail Sewage Lift Station Project No.18-18 City/Location: Palm Springs County: Riverside Owner: City of Palm Springs Bid Date: Tuesday 4/26/2022 at 3:00 PM We are requesting bids forthe following trades and/or supplies: Asphalt Supplier, Asphalt Paving Subcontractor, Sewer Pipe and Fittings, Concrete Ready Mix Supplier, Aggregate Supp NAILS Classifications Sector 22—Utilitles Sector 23--Construction • Sewage Treatment Facilities • Water and Sewer Line and Related Structures Construction CSI Classifications DIVISION 2 - SITE WORK • PIPE/FITTINGS • SEWERAGE/DRAINAGE • TRENCHING, BACKFILLING AND COMPACTION Bid documents can be viewed at or obtained from: ,Specifications, and requirements for the project are available for review at our office (10370 Commerce Center Drive, Rancho Cuca (be obtained from the City website at htt s: [www.palmspringsca.gov/government/departmentslengineering-services/capital-prof We are seeking local business participation from the Coachella Valley area. Ferreira Construction Co, Inc dba Ferreira Co 10370 Commerce Center Drive, Ste 200 B Rancho Cucamonga, CA 91730 Phone: (909) 606-5900 Fax: (909) 606-7011 Bree Scott bscott@ferreiraconstruction.com Published on 3/28/2022 4:00:00 PM by The Weekly Bid Flash and The Construction Star Trade and Focus Publications located at www-theweeklvbidflash.com and www.con_starl_.c_om Phone: 1.800.479.5314 Fax: 1.619.688.0585 This solicitation Ad will run until the bid date Our publication is a listed approved source by the State of CA, Dept. of General Services, Office of Small Business Certification & Resources, in its Resource Packet. Since, 1989 our firm has been proud to help businesses reach Certified Disadvantaged firms statewide. If you should need any further information, please do not hesitate to contact us at 800-479-5314. Thank you again! Construction Star, Inc. 11622 El Camino Real, Suite 100 San Diego, CA 92130 www.theweeklybidflash.com 800-479-5314 DISCLAIMER: This e-mail may contain information that is confidential, privileged or otherwise protected from disclosure. If you are not an intended recipient of this e-mail, do not duplicate or redistribute it by any means. Please delete it and any attachments and notify the sender that you have received it in Bree Scott From: Sent: To: Subject: Brandon Pensick Vice President Ferreira Construction 10370 Commerce Center Dr. Suite B- 200 Rancho Cucamonga, CA 91730 Begin forwarded message: Brandon Pensick Tuesday, March 29, 2022 6:58 AM Marla Gibbins; Bree Scott Fwd: Copy of your DBE Ad - Bogert Trail Sewage Lift Station Project No. 18-18 From: Construction Star <support@constarl.com> Date: March 28, 2022 at 5:03:46 PM CDT To: Brandon Pensick <BPensick@ferreiraconstruction.com> Subject: Copy of your DBE Ad - Bogert Trail Sewage Lift Station Project No.18-18 Date Of Advertisement Placement: 3/28/2022 6:44:14 PM Ferreira Construction Co, Inc dba Ferreira Co An Equal Opportunity Employer, is requesting quotations from all qualified LBE sub -contractors and material suppliers for the following project: Bogert Trail Sewage Lift Station Project No.18-18 City/Location: Palm Springs County: Riverside Owner. City of Palm Springs Bid Date: Tuesday 4/26/2022 at 3:00 PM We are requesting bids for the following trades and/or supplies: Asphalt Supplier, Asphalt Paving Subcontractor, Sewer Pipe and Fittings, Concrete Ready Mix Supplier, Aggregate Supp NAICS Classifications Sector 22—Utilities Sector 23—Construction • Sewage Treatment Facilities Water and Sewer Line and Related Structures Construction CSI Classifications DIVISION 2 - SITE WORK • PIPE/FrrTINGS • SEWERAGE/DRAINAGE • TRENCHING, BACKFILLING AND COMPACTION -_ Bid documents can be viewed at or obtained from: ,Specifications, and requirements for the project are available for review at our office (10370 Commerce Center Drive, Rancho Cuca e be obtained from the City website at httpS1(ww_w.pal msprinesca. ov government det)artment_,'engineerigp-services/capital-_proj We are seeking local business participation from the Coachella Valley area. Ferreira Construction Co, Inc dba Ferreira Co 10370 Commerce Center Drive, Ste 200 B Rancho Cucamonga, CA 91730 Phone: (909) 606-5900 Fax: (909) 606-7011 Bree Scott bscott@ferreiraconstruction.com Published on 3/28/2022 4:00:00 PM by The Weekly Bid Flash and The Construction Star Trade and Focus Publications located at www.theweeklybidflash.com and www.constarl.com Phone: 1.800.479.5314 Fax: 1.619.688.0585 This solicitation Ad will run until the bid date DISCLAIMER: This e-mail may contain information that is confidential, privileged or otherwise protected from disclosure. If you are not an intended recipient of this e-mail, do not duplicate or redistribute it by any means. Please delete it and any attachments and notify the sender that you have received it in error. Unintended recipients are prohibited from taking action on the basis of Information in this e-mail. E-mail messages may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, deleted or interfered with without the knowledge of the sender or the intended recipient. By using email to communicate, you are accepting the risks associated with e- mail messages. Our organization reserves the right, to the extent and under circumstances permitted by applicable law, to retain, monitor and intercept e-mail messages to and from Its systems. DISCLAIMER: This e-mail may contain information that is confidential, privileged or otherwise protected from disclosure. If you are not an intended recipient of this e-mail, do not duplicate or redistribute it by any means. Please delete it and any attachments and notify the sender that you have received it In error. Unintended recipients are prohibited from taking action on the basis of information in this e-mail. E-mail messages may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, deleted or interfered with without the knowledge of the sender or the intended recipient. By using email to communicate, you are accepting the risks associated with e-mail messages. Our organization reserves the right, to the extent and under circumstances permitted by applicable law, to retain, monitor and intercept e-mail messages to and from its systems. Bree Scott From: Bree Scott Sent: Friday, April 22, 2022 12:13 PM To: ' jones@matichcorp.com' Subject: Palm Springs- Bogert Trail Sewer Lift Station Bids Wednesday April 27th HiJason- I saw that you were a plan holder on the above project. We are bidding as a Prime and would like a quote for the following: Subcontractor Price 1" Asphalt Grind and Cap = 4800 SF Material Supply Quote Asphalt Material B-PG-64-10 = 90 TN Cold Mix Material = 20 TN Location: Bogert Trail and Barona Rd, Palm Springs CA Please let me know if you can quote this job. Thank You, Bree Scott Sr. Estimator P 909.606.5900 F 909.606.7711 , M 626.710.0635 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 Ferreira Construction.com Bree Scott From: Bree Scott Sent: Friday, April 22, 2022 12:22 PM To: 'travis.ponchetti@martinmarietta.com' Subject: Palm Springs- Bogert Trail Sewer Lift Station Bids Wednesday April 27th Hi Travis - I spoke with your main office and they said you would be able to help us in the Palm Springs Area. I though you just handled San Diego. Hopefully you can give me a quote for the below materials. Material Supply Quote Asphalt Material B-PG-64-10 = 90 TN Cold Mix Material = 20 TN Location: Bogert Trail and Barona Rd, Palm Springs CA Thank You, Bree Scott Sr. Estimator P 909.606.5900 F 909.606.7711 M 626.710.0635 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 Ferreira Construction.com Bree Scott From: Bree Scott Sent: Wednesday, April 13, 2022 4:39 PM To: ryan@wwwsco.com Subject: Palm Springs- Bogert Trail Sewage Lift Station- Bids Wednesday April 27th at 3:00 PM Attachments: Atta ch ments. html Hi Ryan - We are bidding the above project on April 27'h. I have attached the plans and specs for your review. I also attached my take -off. The lift Station portion is a pre -packaged unit and will come complete with everything inside and a stub out for the 4" pipe to connect to the line we will be installing. Can you please have the quote come from your Palm Springs area store, as we must meet local business requirements. Thank You, Citrix Attachments CP 18-18 Complete Plans & Specifioations.pdf Take -off Bogert Trail Sewage Lit Station.xlsx Bree Scott uses Citrix Files to share documents securely. Bree Scott Sr. Estimator P 909.606.5900 /, F 909.606.7711 M 626.710.0635 Expires October 10, 2022 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 FerreiraConstruction.com FF.RRRIRA 53.3 MB 10.1 KB Bree Scott From: Bree Scott Sent: Friday, April 22, 2022 12:52 PM To: 'samuel.sanchez@coreandmain.com' Subject: Palm Springs- Bogert Trail Sewer Lift Station Bids Wednesday April 27th Hi Sam - It was nice speaking with you. Below is my contact information, I look forward to receiving your quote for the above project bidding next Wednesday. Sincerely, Bree Scott Sr. Estimator P 909.606.5900 if F 909.606.7711 M 626.710.0635 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 FerreiraConstruction.com FERREIRA Bree Scott From: Bree Scott Sent: Monday, April 25, 2022 9:58 AM To: jpenalber@supedorrm.com' Subject: FW: Palm Springs- Bogert Trail Sewer Lift Station Bids Wednesday April 27th Hi Jesse - Nice Speaking with you earlier this morning. We are bidding as a Prime and would like a quote for the following: Material Supply Quote Concrete 560-C-3250 = 60 CY Slurry 1 sack = 60 CY Location: Bogert Trail and Barona Rd, Palm Springs CA Please let me know if you can quote this job. Thank You, Bree Scoff Sr. Estimator P 909.606.5900 F 909.606.7711 M 626.710.0635 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 FerreiraConstruction.com ED FERREIRA Bree Scott From: Bree Scott Sent: Friday, April 22, 2022 1:02 PM To: jgilmor@wernercorp.net' Subject: FW: Palm Springs- Bogert Trail Sewer Lift Station Bids Wednesday April 27th Hi Jeri - We are bidding the above project next week and would like a quote on the following: Material Supply Quote Crushed Aggregate Base = 62 TON %" Crushed Rock = 203 TON Location: Bogert Trail and Barona Rd, Palm Springs CA Thank You, Bree Scott Sr. Estimator P 909.606.590C F 909.606.7711 M 626.710.0635 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 FerreiraConstruction.com 12 Bree Scott From: Bree Scott Sent: Friday, April 22, 2022 12:58 PM To: sales@wcsg.com Subject: FW: Palm Springs- Bogert Trail Sewer Lift Station Bids Wednesday April 27th Hi Sales - We are bidding the above project next week and would like a quote on the following: Material Supply Quote Crushed Aggregate Base = 62 TON ''%" Crushed Rock = 203 TON Location: Bogert Trail and Barona Rd, Palm Springs CA Thank You, Bree Scott Sr. Estimator P 909.606.5900 ; / F 909.606.7711 M 626.710.0635 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 Ferreira Construction.com IM Bree Scott From: Bree Scott Sent: Friday, April 22, 2022 12:56 PM To: twood@chandlerscorp.com Subject: FW: Palm Springs- Bogert Trail Sewer Lift Station Bids Wednesday April 27th Hi Trevor - We are bidding the above project next week and would like a quote on the following: Material Supply Quote Crushed Aggregate Base = 62 TON %" Crushed Rock = 203 TON Dump Materials Dirt Dump = 309 CY Asphalt Dump = 9 Loads (super 10) Location: Bogert Trail and Barona Rd, Palm Springs CA Thank You, Bree Scoff Sr. Estimator P 909.606.5900 F909.606.7711 M 626.710.0635 10370 Commerce Center Drive, St B-200 Rancho Cucamonga, CA 91730 FerreiraConstruction.com M NON -COLLUSION DECLARATION The undersigned declares: Ferreira Construction Co. Inc. dba I am the Senior Vice President of _ Ferreira Coastal Construction Co the (Title of Officer) (Firm/Company) 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 induced or solicited any other bidder to put in a false or 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 powerto execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 05.17,2022 at Rancho Cucamonga CA (Date) (City) (State) Signature BOGERT TRAIL SEWAGE LIFT STATION NON -COLLUSION DECLARATION CITY PROJECT NO. 18-18 FENRUARY2022 " CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis'). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter an agreement with Contractor, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. We agree specifically: 1. To establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate. this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FI NAME OF PERSON SIGNIN TITLE OF PERSON SIGNING Senior Vice President y Please include any additional information available regarding equal opportunity employment programs now in effect within your company. BOGERT TRAIL SEWAGE LIFT STATION CERTIFICATION OF NON-DISCRIMINATION CITY PROJECT NO.18-18 FEBRUARY 2022 CITY OF PALM SPRINGS BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non -responsive and may cause its rejection. Ferreira Construction Co. Inc. dba 1. BIDDER/CONTRACTOR'S Name: Ferreira Coastal Construction Co. Address: 10370 Commerce Center Drive Suite B200 Rancho Cucamonaa CA 91730 Telephone Number: ( 909 ) 606-5900 Contact Person: Marla Gibbins E-Mail: mgibbins@ferreiraconstruction.com Tax Identification Number: 22-3334957 2. TYPE OF FIRM: ❑ Individual El Partnership ❑Limited Liability Company ZCorporation (State NJ ) [I Other (specify) _Minority Business Enterprise(MBE) _Women Business Enterprise(WBE) _Small Disadvantaged Business (SDB) Veteran Owned Business Disabled Veteran Owned Business 3. CONTRACTOR'S LICENSE: Primary Classification A State License Number(s) __ 985180 Supplemental License Classifications _ C-10. C-13 DIR Public Works Contractor Registration No. 1000001634 4. BUSINESS LICENSE: Do you currently have an active City of Palm Springs Business License? V Yes No If Yes, License No.: 20026183 BOGERT TRAIL SEWAGE LIFT STATION BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 18-18 PAGE 1 FEBRUARY 2022 BIDDER'S GENERAL INFORMATION (Continued) 5. Number of years' experience as a contractor in this specific type of construction work: 34 6. List at least three related projects completed to date: a. Name of Project: Please see attached Contact: Location of Project (City/State): Phone: Contract Amount Date Completed Description of Work Done: b. Name of Contact:.. Phone: Location of Project (City/State): Contract Amount Date Completed Description of Work Done: C. Name of Project: Contact: Phone: Location of Project (City/State): Contract Amount Date Completed Description of Work Done: 7. Name of Project Manager/Superintendent: David Baker 8. Name(s) of persori(s) who inspected job site: Bree Scoff BOGERT TRAIL SEWAGE LIFT STATION BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 18-18 PAGE 2 FEBRUARY 2022 FERREn �r..�._.v,. T Ferreira Construction CO., Inc dba Ferreira Coastal Construction Projects Sewer Pmle 9. Surety Company and Agent who will provide the required Bonds: Name of Surety Berkshire Hathaway Specialty Insurance Company Address 1314 Douglas Street Suite 1400 Omaha NE 68102 Surety Company American Global (Broker) Agent Krystal Stravato Telephone Numbers: Surety ( 617 ) 936-2900 Agent ( 862 ) _777-8193 BOGERT TRAIL SEWAGE LIFT STATION BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 18-18 PAGE 3 FEBRUARY 2022 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1, Name of Entity Ferreira Construction CoInc.dba Ferreira Coastal Construction Co 2. Address of Entity (Principle Place of Business) 10370 Commerce Center Drive Suite B200 Rancho Cucamonga CA 91730 3. Local or California Address (if different than #2) _ Same as above 4. State where Entity is Registered with Secretary of State New Jersey ff other than Califomia is the Entity also registered in California? d Yes ❑ No 5. Type of Entity 9 Corporation ❑ Limited Liability Company ❑ Partnership ❑ Trust ❑ Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and otherrrduciariesforthemember, manager, trustorotherentity Nelson Ferreira E( Officer ❑ Director ❑ Member ❑ Manager ❑ General Partner ❑ Limited Partner ❑ Other Brandon Pensick 90fficer ❑ Director ❑ Member ❑ Manager ❑ General Partner ❑ Limited Partner ❑ Other Lou Pacheco L( Officer ❑ Director ❑ Member ❑ Manager ❑ General Partner ❑ Limited Partner ❑ Other CITY OF PALM SPRINGS —PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 FEBRUARY 2022 7. Owners/investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE: Jane Doe 50%, ABC Company, Inc. [name of ownerfinvestor] [percentage of beneficial interest in entity and name of entity] A. Ferreira Construction Co. Inc. dba Nelson Ferreira 100% Ferreira Coastal Construction Co. [name of ownerfinvestor] [percentage of beneficial interest in entity and name of entity] B. [name of ownerfinvestor] [percentage of beneficial interest in entity and name of entity] C. [name of ownerinvestor] [percentage of beneficial interest in entity and name of enti D. [name of ownerfinvestor] [percentage of beneficial interest in entity and name of entity] E. [name of ownerfinvestor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. 7Si,g,nat4eof isclosing Party, 'nled Name, Title Date don Penslck- Senior Vice President 05.17.2022 PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. CITY OF PALM SPRINGS —PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2 BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 FEBRUARY 2022 ;o�OPtM r•4 r o CITY OF PALM SPRINGS M PUBLIC INTEGRITY DISCLOSURE 0c4tIFO6M�P (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more. When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals) What Must I Disclose? 1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Notes: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity, (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form. 2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions. USE ADDITIONAL PAGES AS NECESSARY What if 1 Have Questions? If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, cityclerk@palmspringsca.gov. CITY OF PALM SPRINGS —PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 FEBRUARY 2022 7 copy BID BOND KNOW ALL PERSONS BY THESE PRESENTS, Ferreira Construction Co., Inc. oba Ferreira Coastal Construction Co., That 10370 Commerce Center Drive, Suite B-200, Rancho Cucamonga, CA 91730 as Principal, and Berkshire Hathaway Specialty Insurance Company,1314 Douglas Street, Suite 1400, Omaha, NE 68102as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the "City" in the sum of: Ten Percent Of The Total Amount Bid dollars for the (not less than 10 percent of the total amount of the bid) payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO.18-18 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders' enters into a written Agreement on the Form of Agreement included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 27 day of EXECUTED FOR THE PRINCIPAL: By Fe"i2 Cana C.''Q\W Ferreira Atianlic Coastal Consvuction Co. Signature (NOTARIZED) Print Name and Title: Signature (NOTARIZED) Print Name and Title: 2022 . EXE ED FO E SURETY: rks a Specialty Insurance Company Signature (NOTARIZED) Print Name and Title: Krystal L. Stravato, Attoney-in-Fact BOGERT TRAIL SEWAGE LIFT STATION BID BOND (BID SECURITY FORM) CITY PROJECT NO. 18-18 FEBRUARY 2022 j cory CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . . ✓.R +�%d NVKa aMaIXNa's� nM:!-rif<�'Na� riN.c� +�f'.�nN'r iiN.':C ++Lsi :�N:<N: Miie/'.CSf�e!i Nsi<!` 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 _San Bezrtarsiino ) On May 17, 2022 before me, Marla K. Gibbins, Notary Public Date Here Insert Name and Title of the Officer personally appeared Brandon Penick Name(s) of Sfgner(s) who proved.to me on the basis of satisfactory evidence to be the person whose namegis/4 subscj'bed to the within instrumenqt and acknowledged So me that he/ deft y executed the same i hlAdr'/U14Ir authorized capacity(ie§), and that b his/ br/toeir signature()on the instrument the person(a'� or the entity upon behalf of which the person) acted, executed the instrument. *MY :RLA K. CaBBINSNotary pu611c- CaliforniaSan Bernardino CountyCommission p 2364631 Comm. Expires Jul 7, 2025 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 Signature of Notary Public OPTIONAL Though this section Is optional, completing this information can deter aReratien of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity[es) Claimed by Signer(s) Signer's Name: Corporate Officer — Tltle(s): Partner — ❑ Limited ❑ General I Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator Other. Signer Is Representing: Signer's Name: _ 11 Corporate Officer — Titie(s): I I Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator I Other: Signer Is Representing: <ws:<z«.s<. aez+nvacx<e:«ea>' - <aa ax, Ks+._ A-sA-y s. m . n�a:... .t:.,nys: •w-+s«s ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Moms COPY ON THE 27th DAY OF April, 2022 BEFORE ME PERSONALLY APPEARED Krystal L. Stravato TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY -IN -FACT OF Berkshire Hathaway Specialty Insurance Comoanv, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE. Notary Public Wllllam A. Drayton Jr. Notary public slate of New Jersey My commission atrpkes April 9. ZM 0 CUPY 26881 Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSyIQE HATdAWFYSPECIALTY INSURANCE.COMPAN, Y,- a corporation existing under and byvfrtueofthelawsafthe Stateof Nebraska and having an office at One Uncoln Street, 23rd Floor, Boston, Massachusetts 0211L NATIONAL INDEMU CO17M a corporation existing under and by virtue of the laws of the State of Nebraskaandhavingan office at 3024 Harney Street, Omaha, Nebraska 68231 and NAIlONALUABJU &�FlREINSUZNNCE_COMPAW a corporation existing underand 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'), pursuanttoand by the authority granted as set forth herein, do hereby name, constitute and appoint: l(ry_staI L Stmvato Kevin T. Walshyr. Thomas MacDonald, Jaclyn Thomas, a00 South Jefferson Road Suite 101 of the city ofWhiopam State of New Jersey. their trueandlawful attorneys) -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 dulysignedand executed by their regularly elected officers in their own proper persons. This authority for the Attomey-irr-Fact shall belimitedto theexecutionoftheadached bond(:) or other such writings obligatory In the nature thereat In witness whereof, this Power of Attomey has been subscribed by an authorized officer of the Companies,andthecorpomtesealsof the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and byauthorityof 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 hull force and effect, each reading as appears on the back page of this Power of Attorney. respectively. The following signature by an authorized officerof the Company maybe a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements an any and all undertakings, bands, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, BY:. _ David Fields, Executive Vice President 3�i pv°q��Y. 'T SURflY = '� gFAI, q 6 �relUSE'' �� a�m's NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: Y David Fields, Vice President pE.IN¢ yyfhpErNS ��°tie°1sc. .`� °pvoxsr 4i e r o c` a�•�r 0ZOSL'Iwn'l9 SEAL JEEEEEE ryINP ' �,r .�� L•. Za °M1hEla� p8 J,.y NOTARY State of Massachusetts, County of Suffolk ss: On this 2M day of December, 2018, 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] / , GEOFFERY A. DELIBIO !\N(Y,i�_'/`h/L^,V_F— Notary Public Commanweelth of Massachusetts Notary Public My C4rmn. Expires November 29, 2024 I, Ralph Tortarella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONALLIABILITY&FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this Apr112717022. St9JETY L SIR[- SUL /� f; 3t LBRETY y SCLI L✓(a EL SL1L n Officer ¢'.iy�eax^ss� �1 c. r., pE�g2P o°�ntcp �p8 "A a pn r NhI i I'N F BHSIC, NICO & NLF POA (2018) z BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) U` I COPY 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.OfficersAgents 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) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE. INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers $P, 1. Officers. Aaerits 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. NATIONAL UADJUTY & FIIUiWLLRANCE 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) remove at any time any such Attorney -in -fact and revoke the authority given. BHSIC, NICO & NIF PDA (2018) COPY BERKSHIRE HATHAWAY SPECIALTY I N SURANCE C O M P A N Y 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102.1944 Total invested assets Premium & agent balances in All other assets Admitted Assets 12131/2020 $ 5,475,240,588 603,615.506 157,897,676 $ 6,236,753.770 ADMITTED ASSETS' 12/31/2019 $ 5,172,183,338 368,086,012 127,524,677 $ 5,667,794,027 LIABILITIES & SURPLUS' 12131=20 12/31/2019 Lass & lass sup. unpaid $ 921,923,948 $ 634,745,558 Unearned premiums 372,836,160 314,117,549 All other liabilities 1,054.922,210 744,738.458 Total Liabilities 2,349,682,318 1.693,601,565 Total Po"olders' Surplus 3,887,071.452 3,974,192.463 Total Liabilities d Surplus $ 6,236,753,770 $ 5,667,794,028 12131t2018 $ 4.313,185,189 301,849,144 140,930,406 $ 4,755,964,739 12/31/2018 S 463,103,223 241,835,588 570,626,148 1,275,566,959 3,480,397,780 $ 4,755,964.739 Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws or Me companys domiciliary state. Cllentg: 353923 FERRECONST • ACORD. CERTIFICATE OF LIABILITY INSURANCE DATETUMrODIYYYn 6/28/2022 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 ADOMONAL INSURED, the polley(les) must have ADDITIONAL INSURED provisions or be oncloiiir. If SUBROOATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may requiro an endorsement. A statement an this Certificate does not corder my rights to the certificate holder In lieu of such endorsemem(s). PRODUCER M. Glenna Costello Canner Strong 6 Budtelew v RE , 646 891 4983 A _,. 5464162 8242 32 Old Slip, Suite 328 EJMUATOFLn. gcostello@connerstrong.com New York, NY 10005 DLBURERISI AFFORDING COVERAGE MAEa INSURER A: Liberty Mutual Fire insurance Co. 23035 MUREO INSURER a: EndUnUICS AmerWn Special Ina. Co. 41718 Ferreira Construction Co. Inc. dba INSURER C: WestWd Specialty Insurance Company 16992 Ferreira Coastal Construction Co. INSURER p, Arch Specially Insurance Company 1199 10370 Commerce Center Drive, Suite B-200 Rencho Cucamonga, CA 91730 INSURER E: OBURERF• COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. R TYPECFDISURANCE =L UBR YNUMBE 'Y FF MAW LWffu A X COMMERCIALGENERAL UAOL" CLAIILS.MADE ER OCCUR TB2631610814022 7/01/2022 07/01/2 ' EACHoccuRRENCE f MMMM� p f 1 GOQ MED EXP m mieml 810000 PERSONAL A ADV UUURY S 000 000 AGGREGATE LIMIT APPLIES PER: POLICY ®JEO7 a]Lac GENERAL AGGREGATE S4 0 0 GENL PRODUCTS .COMPA7PAGG Sa eDO S OTHER: I A AuTOmOBILE"ABILITY AS2631510814012 7/01/202207101/2023O-OMewED SINGLE LIMIT 2 00000 X BODILY INJURY (PW Pam ) S qAANyyY�rNAUTO WOESCNLYNAUTOS HIRED NON-0WNED AUTOS ONLY AUTOS ONLY BODILY INJURY (For aadaed) S X PROPERTYDAMAGE f- - S S B UMBRELLA UAB OCCUR FXC30000705504 7/01/2022 07/01/202' EACH X CURRENCE AGGREGATE EXCESS UAeCLAIMS-MADE IS A WORKERS COMPENSATION ANO EIOLOYERS' LaBRiTy ANY PROPRIE70RIPARTNERIEXECUTIVE Y OFRCERMEMBER EXCLUDED7 N NIA WA2630510814032 37/01/2022 07/01/202. X PER oT+ ELEACHArCIDENT S1 0 EL DI - FA EMPLOYEE ft 00 — ;^�a7NN Satu Tea. TO ERATIONSE.L DISEASE . POLICY I MIT $1000000 C Excess LiabilityXSL00014GY 7/01/2022 07/01/2023 $2M Occ. / $2M Agg D Excess Liability UXP104938200 7/01/2022 07/01/2023 $3M Dec. I $3M Agg DESCRIPTION OF OPERATIONS I LOCATXx1S I VEBICLES (ACORD 101, A60,19ml Remarks Schodulk my be ocKhad U n spew M rspUt" Coverage: Excess Liability (4th Layer - S5M X $8M) Carrier: Colony Insurance Company (NAIL#: 39993) Polley Term: OW01/2022 to 07101/2023 Policy p: ARS461134 Limits: $2,500,000 Per Occurrence / Aggregate (part of $5,000,000 Quote Share with Evanston Insurance (See Attached Descriptions) City of Palm Spring 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 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 jW. 01OW2015 ACORD CORPORATION. AL:ORO 25 (201 em) 1 0112 The ACORD name and [ago are registered marks of ACORD OS3494971IM3493465 DJU DESCRIPTIONS (Continued from Page 1) Company) Coverage: Excess Liability (4th Layer - $5M x $BM) Carrier: Evanston Insurance Company (NAIC#: 35378) Policy Term: 07/01/2022 to 07/01/2023 Policy M MKLV7EUE100768 Limits: $2,500,000 Per Occurrence / Aggregate (part of $5,000,000 Quota Share with Colony Insurance Company) Coverage: Excess Liability (5th Layer - $12M x $13M) Carrier: Navigators Insurance Company (NAICM 42307) Policy Term: 07/01/2022 to 07/01/2023 Policy #: NY22EXCZ02BJWIV Limits: $12,000,000 Per Occurrence / Aggregate Coverage: Contractors Professional & Pollution Liability Carrier: Berkley Assurance Company (NAIL #39462) Effective: 07/01/2022 to 07/01/2023 Policy #: PCAB50185780722 Limits: Contractors Professional = $10,000,000 Each Claim & Aggregate Pollution = $10,000,000 Each Occurrence & Aggregate Policy Aggregate Limit = $10,000,000 RE: Bogert Trail Sewage Litt Station Project CP 18-18 -1451 Bogert Trail The City of Palm Springs, its officials, employees, and agents are Additional Insured on a primary and non contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. A waiver of subrogation applies as required by written contract and permitted by law. SAGITTA 25.3 (2016103) 2 of 2 #S3494971/M3493465 POLICY NUMBER: TB2-631-510814-022 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an `occurrence" or offence, to provide additional insured status 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2-631-510814-022 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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) Locations Of Covered Operations All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an 'occurrence" or offence, to provide additional insured status 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — 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 insurance; whichever is less. applicable limits of This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Policy Number TB2-631-510814-022 Issued by Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT— SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Person(s) or Organization(s): Any person(s) or Organization(s) to whom you are Obligated by a written agreement to procure additional insured coverage under your policy If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit'. LC 24 2011 18 © 2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:TB2-631-510814-022 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of person or organization: Any person or organization you have agreed in writing to waive any right of recovery prior to a loss The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 POLICY NUMBER: AS2-631-510816-012 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization that the Named Insured has agreed and/or is obligated by contract or agreement to name as an Additional Insured, provided that the coverage afforded to the Additional Insured shall apply only to the extent of such contract or agreement and shall be subject to all the terms, conditions, exclusions and endorsements of this policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section If — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-631-510814-012 Issued by: Liberty Mutual Fire Insurance Cc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Where required by written contract entered prior to a loss Regarding Designated Contract or Project: All locations as required by a written contract or agreement Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: AS2-631-510816-012 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Issued by: Liberty Mutual Fire Insurance Co 23035 For attachment to Policy No WA2-63D-510814-032 Effective Date 07/0112022 Premium $ Included Issued to: Ferreira Construction Co. Inc. WC 00 0313 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Ferreira Construction Co. Inc. dba Con for rreira Co stal Construction Co. 7 Byo Title Brandon Pensick - Senior Vice President BOGERT TRAIL SEWAGE LIFT STATION CITY PROJECT NO. 18-18 WORKER'S COMPENSATION CERTIFICATE FEBRUARY 2022 AGREEMENT AND BONDS - PAGE 1 City of Palm Springs Bid Results for Project Bogert Trail Sewage Lift Station (18-18) Issued on 03/21/2022 Bid Due on May 17, 2022 3:00 PM (PDT) Line Totals (Unit Price' Quantity) Item # Description Ferreira Coastal Ferreira Coastal Myers & Sons Myers & Sons Construction Construction Construction Construction Unit of Measure Quantity Unit Price Line Total . Unit Price Line Total 1 Mobilization/Demobilization LS 1 $117,100.00 $117,100.00 $75,000.00 $75,000.00 2 Dust Control LS 1 $30,600.00 $30,600.00 $5,000.00 $5,000.00 3 Traffic Control LS 1 $19,200.00 $19,200.00 $100,000.00 $100,000.00 4 Install 4" Dia. PVC 900 (DR38) including all fittings and appurtenances LF 462 $257.00 $118,734.00 $355.00 $164,010.00 5 Install 4" Dia. DI Pipe C351, CL350 including all fittings and appurtenances LF 363 $555.00 $201,465.00. $160.00 $58,080.00 6 Install 12" Dia. Steel Casing LF 300 $398.00 $119,400.00 $356.00 $105,000.00 7 Install Casing Spacers per Specifications EA 25 $344.00 $8,600.00 $1,000.00 $25,000.00 8 Install Hangers per drawings and specifications EA 30 $2,578.00 $77,340.00 $2,500.00 $75,000.00 9 Install 2" Air Release Valve per specifications EA 1 $17,000.00 $17,000.00 $5,000.00 $5,000.00 10 Provide Shoring/Trenching/Bracing per the specifications LS 1 $133,000.00 $133,000.00 $170,000.00 $170,000.00 11 Install Sewage Lift Station Package per drawings and specifications complete LS 1 $1,370,800.00 $1,370,800.00 $1,840,010.00 $1,840,010.00 12 Pavement Replacement LS 1 $66,500.00 $66,500.00 $34,400.00 $34,400.00 13 Restore Owner's property prior to construction LS 1 $14,700.00 $14,700.00 $23,000.00 $23,000.00 14 Contractor to connect forcemain to existing manhole EA 1 $8,700.00 $8,700.00 $2,500.00 $2,500.00 15 Concrete encasement of piping per plans and specifications LF 50 $350.00 $17,500.00 $200.00 $10,000.00 16 Permits LS 1 $1,500.00 $1,500.00 $2,010.00 $2,000.00 17 As -Built Drawings EA 1 $1,000.00 $1,000.00 $3,000.00 $3,000.00 18 Inspection and Testing LS 1 $19,000.00 $19,000.00 $20;000.00 $20,000.00 Subtotal $2,342,139.00 $2,717,000.00 Total $2,342,139.00 $2,717,000.00 Home CONTRACTORS. STATE LICENSE BOARD '"" OContractor's License Detail for License # 985180 DISCLAIMER: A Ucense status check provides information taken from the CSLB Ucense database. Before relying on this information, you should be aware of the following limitations. e 6LemmpNhadissl®rtebrtsWtleJbyWt(86PillegnWimtipexuye6brybOtmm01a1^ttlbWwrttOCYm SnktlwNpepporbAaabmma In(ormationClicehereMaEefinivNnofEudosablealloiu a OnhmwaumcnrtL'btivljutlBmmisrtpoMdb618 veSadosE@SpiOaLLal. a ArbiNd.. ve rM Used w aMPmmraaot(allsm mmplyNt 0,. nuemwvM1loa4Neremryla Menntlnf0�manon WlaaaMyetaeme reGinm W6wN11¢nwdaWase. This license is current and active. All infarmaNan below should be reviewed. a A-GENERALENGINEEIONG e C10-ELECTRIM I Ca -FENCING This licensefiled aCanuattoesBand Wi Band Number. W1SO4101TT Bond Amaunt,$as.000 ER¢N'ae Date: M10712021 carom ae.eavi -0 ry Data curtent as of 7/5/20225:35A5 PM 3usress lofonnation FERREIRACONSTRUCTIONCOINC dba FERREIM COASTAL CONSmUCT10N ( 103TOCOMMERCECE11TFADRIVE SUOE 0-200 RANCHO CUUMONGA GA91T30 Business Plwne Number.(909) 6063900 Entity Corporation Issue Date 07112120M EoUr Date 0/31/2023 Licame Status aasslti a �MB Bondkig Iribmialion ContraCor4 Band Banda/QuaUryin61ndiWdaal s Thlsli¢m filed BondafQuatfyingindivldualnumber S3T4MforHUAYBPADFOROM00RElo Medmwntof$12AOowiN SURETECINSURANCECOMPAW. Eff..tha Dmc 07/01F2020 BQI's Bath Nistory F Thislirenufiled BondofQvalifyinglndividvalnumber Wa5631DLTOfar BRANOON JOSEPH PEN$IIXintheamauntaf $13�SOOwrth OLO REPUBLICSURETY[OMPANY. ERPNve Orte:03(lfi/lm9 BQrs Bond history lWorkeis'Compensation This license haswoh compensation Insurance wMthe LIBERTY MUTUAL FIRE INSURANCE COMPANY PoUcy NYmben1NA20DS10814032 Effective Date:0710112M Upire0ate:0710112m.A Wo,kers' Carn,x,. lun History other e Personnel listed on this ficeme(currant or dhasscdated) are Ened on other licenses. Client#: 353923 FERRECONST ^ ' A9 r(�b ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEIMMYYI - 6122/2023 023 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(les) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder In lieu of such endomement(s). PRODUCER CONTACT NAME: Julia -Rose Miller Conner Strong & Buckelew PA"ic°NN Ell: 646-391-4987 FAX Ne; 646-543-3931 Ullrmiller 32 Old Slip, Suite 3204 E-MAIL connerstron com ADDRESS, 1 @ 9• New York, NY 10005 INSURER(S) AFFORDING COVERAGE NAICs INSURER A: Liberty Mutual Fire Insurance Co. 23035 INSURED INSURER B: Endurance American Specialty Ins. Co. 41718 Ferreira Construction Co., Inc. : Westfield Specially Insurance Company 16992 dba Ferreira Coastal Construction Co. .INSURER INSURER 0: Gotham Insurance Company 25569 10370 Commerce Center Drive, Suite B-200 - Texas Insurance Com n INSURER E: Pe y 16543 Rancho Cucamonga, CA 91730 INSURER F COVERAGES CERTIFICATE NUMBER: 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. RR TYPE OF INSURANCE ADDL SINSR YCD POLCY NUMBER MMMIIDDOYEFF MPWDDEXP UNITS A X COMMERCIAL GENERAL LIABILITY TB2631510814023 11710112023071011202 f2000000 CLAIMS -MADE OCCUR pEAACCHHGOECCCURpRENCE PREMISES Ea o�Erence $1 000000 MED EXP (Any one person) $10 000 PERSONAL &ADV INJURY S2 OOO 000 GENL AGGREGATE UNIT APPLIES PER: POLICY [_X]JECT OLOC GENERALAGGREGATE S4000000 PRODUCTS - COMPIOP AGO $4000000 $ OTHER I A AUTOMOBILE LIABILITY AS2631610814013 7/01/2023 07/01/202 ea aBI dEDtLE Sl 2,000,000 X BODILY I NJ URY(Per person) $ ANY AUTO AUTOSONLY AUTOESULED HIRED ONLY X NONOWNED AUTOSAUTOS ONLY BODILY INJURY (Par acddanD S X PROPERTY DAMAGE Per accident S S B BRELLA LIAR 1( OCCUR EXC30000705505 7/01/2023 07/01120�EACH OCCURRENCE s3 000 000OCCURRENCE S3 000 OOO )(�OID AGGREGATE f3 000 000 ESS LIAB CLAIMS -MADE S RETENTIONS _ WA263D510814033 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERECUTIVE YIN / OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA 7/01/2023 0710112Q X PER oTH- E.L. EACH ACCIDEM f1000000 E.L. DISEASE - EA EMPLOYEE $1 000000 11 yea, describe under DESCRIPTION OF OPERATIONS bebw E.L. DISEASE -POLICY LIMIT $1,000,000 C Excess Liability XSL00014GY01 7101/2023 07/01/2024 $2M Occ. 1$2M Agg. D I Excess Liability EX202300003607 7101/2023 0710112024 $3M Occ. / $3M Agg. E I Excess Liability JT123EIAN0251701 710112023 07/01/2024 $5M Occ. / $5M A DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be adacbed If mom space Is required) Coverage: Contractors Professional & Pollution Liability Carrier: Berkley Assurance Company (NAIC #39462) JUL 0 3 2023 Effective: 07/01/2023 to 07/0112024 Policy #: PCAB50225510723 City Hall Limits: Contractors Professional = $10,000,000 Each Claim & Aggregate Reception Desk (See Attached Descriptions) City of Palm Spring 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 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 141. ACORD 25 (2016103) 1 of 2 #S40522161M4049751 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Mu DESCRIPTIONS (Continued from Page 1) Pollution = $10,000,000 Each Claim & Aggregate Policy Aggregate Limit = $10.000,000 RE: Bogert Trail Sewage Lift Station Project CP 18-18 - 1451 Bogert Trail The City of Palm Springs, its officials, employees, and agents are Additional Insured on a primary and non contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. A waiver of subrogation applies as required by written contract and permitted by law. SAGITTA 25.3 (2016103) 2 of 2 #54052216IM4049751 POLICY NUMBER: T132-631-510814-023 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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) Locations Of Covered Operations All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an 'occurrence' or offence, to provide additional insured status 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 contractor 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: TB2-631-510814-023 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 O anization s Location And Description Of Completed Operations All persons or organizations as required by written Per the contractor agreement contract or agreement, prior to an "occurrence" or offence, to provide additional insured status 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 III — 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number T132-631-510814-023 Issued by Liberty Mutual Fire Insurance Cc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Persons) or Organization(s): Any person(s) or Organization(s) to whom you are Obligated by a written agreement to procure additional insured coverage under your policy If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 24 20 11 18 © 2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:TB2-631-510814-023 COMMERCIAL GENERAL LIABILITY CG 24 04 06 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of person or organization: Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: AS2-631-510816-013 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization that the Named Insured has agreed and/or is obligated by contract or agreement to name as an Additional Insured, provided that the coverage afforded to the Additional Insured shall apply only to the extent of such contract or agreement and shall be subject to all the terms, conditions, exclusions and endorsements of this policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-631-510814-013 Issued by: Liberty Mutual Fire Insurance Cc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not after coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Where required by written contract entered prior to a loss Regarding Designated Contract or Project: All locations as required by a written contract or agreement Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: AS2-631-510816-013 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Issued by: Liberty Mutual Fire Insurance Co 23035 For attachment to Policy No WA2-63D-510814-033 Effective Date 07/01/2023 Premium $ Included Issued to: Ferreira Construction Co. Inc. WC 00 03 13 ©1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1 /1984 Client#: 353923 FERRECONST ^ ' A9 r(�b ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEIMMYYI - 6122/2023 023 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(les) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder In lieu of such endomement(s). PRODUCER CONTACT NAME: Julia -Rose Miller Conner Strong & Buckelew PA"ic°NN Ell: 646-391-4987 FAX Ne; 646-543-3931 Ullrmiller 32 Old Slip, Suite 3204 E-MAIL connerstron com ADDRESS, 1 @ 9• New York, NY 10005 INSURER(S) AFFORDING COVERAGE NAICs INSURER A: Liberty Mutual Fire Insurance Co. 23035 INSURED INSURER B: Endurance American Specialty Ins. Co. 41718 Ferreira Construction Co., Inc. : Westfield Specially Insurance Company 16992 dba Ferreira Coastal Construction Co. .INSURER INSURER 0: Gotham Insurance Company 25569 10370 Commerce Center Drive, Suite B-200 - Texas Insurance Com n INSURER E: Pe y 16543 Rancho Cucamonga, CA 91730 INSURER F COVERAGES CERTIFICATE NUMBER: 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. RR TYPE OF INSURANCE ADDL SINSR YCD POLCY NUMBER MMMIIDDOYEFF MPWDDEXP UNITS A X COMMERCIAL GENERAL LIABILITY TB2631510814023 11710112023071011202 f2000000 CLAIMS -MADE OCCUR pEAACCHHGOECCCURpRENCE PREMISES Ea o�Erence $1 000000 MED EXP (Any one person) $10 000 PERSONAL &ADV INJURY S2 OOO 000 GENL AGGREGATE UNIT APPLIES PER: POLICY [_X]JECT OLOC GENERALAGGREGATE S4000000 PRODUCTS - COMPIOP AGO $4000000 $ OTHER I A AUTOMOBILE LIABILITY AS2631610814013 7/01/2023 07/01/202 ea aBI dEDtLE Sl 2,000,000 X BODILY I NJ URY(Per person) $ ANY AUTO AUTOSONLY AUTOESULED HIRED ONLY X NONOWNED AUTOSAUTOS ONLY BODILY INJURY (Par acddanD S X PROPERTY DAMAGE Per accident S S B BRELLA LIAR 1( OCCUR EXC30000705505 7/01/2023 07/01120�EACH OCCURRENCE s3 000 000OCCURRENCE S3 000 OOO )(�OID AGGREGATE f3 000 000 ESS LIAB CLAIMS -MADE S RETENTIONS _ WA263D510814033 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERECUTIVE YIN / OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA 7/01/2023 0710112Q X PER oTH- E.L. EACH ACCIDEM f1000000 E.L. DISEASE - EA EMPLOYEE $1 000000 11 yea, describe under DESCRIPTION OF OPERATIONS bebw E.L. DISEASE -POLICY LIMIT $1,000,000 C Excess Liability XSL00014GY01 7101/2023 07/01/2024 $2M Occ. 1$2M Agg. D I Excess Liability EX202300003607 7101/2023 0710112024 $3M Occ. / $3M Agg. E I Excess Liability JT123EIAN0251701 710112023 07/01/2024 $5M Occ. / $5M A DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be adacbed If mom space Is required) Coverage: Contractors Professional & Pollution Liability Carrier: Berkley Assurance Company (NAIC #39462) JUL 0 3 2023 Effective: 07/01/2023 to 07/0112024 Policy #: PCAB50225510723 City Hall Limits: Contractors Professional = $10,000,000 Each Claim & Aggregate Reception Desk (See Attached Descriptions) City of Palm Spring 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 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 141. ACORD 25 (2016103) 1 of 2 #S40522161M4049751 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Mu DESCRIPTIONS (Continued from Page 1) Pollution = $10,000,000 Each Claim & Aggregate Policy Aggregate Limit = $10.000,000 RE: Bogert Trail Sewage Lift Station Project CP 18-18 - 1451 Bogert Trail The City of Palm Springs, its officials, employees, and agents are Additional Insured on a primary and non contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. A waiver of subrogation applies as required by written contract and permitted by law. SAGITTA 25.3 (2016103) 2 of 2 #54052216IM4049751 POLICY NUMBER: T132-631-510814-023 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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) Locations Of Covered Operations All persons or organizations as required by written Per the contract or agreement contract or agreement, prior to an 'occurrence' or offence, to provide additional insured status 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 contractor 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: TB2-631-510814-023 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 O anization s Location And Description Of Completed Operations All persons or organizations as required by written Per the contractor agreement contract or agreement, prior to an "occurrence" or offence, to provide additional insured status 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 III — 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number T132-631-510814-023 Issued by Liberty Mutual Fire Insurance Cc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Persons) or Organization(s): Any person(s) or Organization(s) to whom you are Obligated by a written agreement to procure additional insured coverage under your policy If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 24 20 11 18 © 2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:TB2-631-510814-023 COMMERCIAL GENERAL LIABILITY CG 24 04 06 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of person or organization: Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: AS2-631-510816-013 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization that the Named Insured has agreed and/or is obligated by contract or agreement to name as an Additional Insured, provided that the coverage afforded to the Additional Insured shall apply only to the extent of such contract or agreement and shall be subject to all the terms, conditions, exclusions and endorsements of this policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-631-510814-013 Issued by: Liberty Mutual Fire Insurance Cc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not after coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Where required by written contract entered prior to a loss Regarding Designated Contract or Project: All locations as required by a written contract or agreement Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: AS2-631-510816-013 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization you have agreed in writing to waive any right of recovery prior to a loss Issued by: Liberty Mutual Fire Insurance Co 23035 For attachment to Policy No WA2-63D-510814-033 Effective Date 07/01/2023 Premium $ Included Issued to: Ferreira Construction Co. Inc. WC 00 03 13 ©1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1 /1984 PRELIMINARY NOTICE IN ACCORDANCE WITH CALIFORNIA CIVIL CODE CHAPTER 2 § 8100 - § 8612 OF TITLE 1 THIS IS NOT A LIEN AND THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THIS NOTICE ALSO REPRESENTS A FORMAL REQUEST FOR A COPY OF ANY PAYMENT BOND WHICH MAY BE ISSUED IN CONNECTION TO THIS WORK OF IMPROVEMENT THE NAME AND ADDRESS OF ANY LENDER OR REPUTED LENDER (IF KNOWN): NONE REPORTED THE NAME AND ADDRESS OF ANY OWNER OR REPUTED OWNER IS: CITYH OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 THE NAME AND ADDRESS OF THE DIRECT CONTRACTOR IS: FERREIRA CONSTRUCTION CO. INC DBA FERREIRA COASTAL CONSTRUCT 10370 COMMERCE CENTER DRIVE, S RANCHO CUCAMONGA CA 91730 THE NAME AND ADDRESS OF THE SUBCONTRACTOR OR PERSONS OR FIRM WHO CONTRACTED SERVICES: FERREIRA CONST CO 10370 COMMERCE CENTER DR RANCHO CUCAMONGA CA 91730 THE NAME AND ADDRESS OF ADDITIONAL ENTITIES DESIGNATED BY THE OWNER TO RECEIVE A COPY OF THIS NOTICE: BERKSHIRE HATHAWAY SPECIALTY 1 1314 DOUGLAS STREET, STE 1400 OMAHA NE 68102 BOND#: 47-SUR-300 FERREIRA JOB# 5462 OWNER PROJECT# 18-18 BOGERT TRAIL SEWAGE Tracking#: 100618/54621 RECEIVED APR 15 2024 OFFICE OF THE CITY CLERK YOU ARE HEREBY NOTIFIED THAT (Claimant): WESTERN WATER WORKS SUPPORT CENTER 5831 PINE AV CHINO HILLS - CA - 91709 HAS FURNISHED OR WILL FURNISH WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING GENERAL DESCRIPTION: CONSTRUCTION MATERIAL FOR THE BUILDING, STRUCTURE OR OTHER WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION BOGERT TRAIL 1451 BOGERT TRAIL PALM SPRINGS CA 92264 THE PERSON OR FIRM TO WHOM SUCH LABOR, SERVICES, EQUIPMENT OR MATERIAL IS PROVIDED: FERREIRA CONST CO 10370 COMMERCE CENTER DR STE B-200 RANCHO CUCAMONGA CA 91730 AN ESTIMATE OF THE TOTAL PRICE OF LABOR, SERVICES, EQUIPMENT AND/OR MATERIALS FURNISHED, OR TO BE FURNISHED IS: AMOUNT: $ 195000Q0 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor.service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firth that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. PROOF OF SERVICE AFFIDAVIT I, Kelley Nazionale, Accounting Clerk declare that copies of this notice were served by first class certified mail postage prepaid on the Owner, Direct Contractor and Lender at their respective addresses as shown on this document an: 04/09/24 I declare under penalty of perjury that the foregoing is true and correct. Executed on: 04/09/24 Signed at CHINO HILLS, California, Prepared by: Western Water Works Supply Company- 5831 Pine Ave. -Chino Hills, CA 91709 - 909-597-7000 Owner Cow 4 h °1165' CALIFORNIA PRELIMINARY NOTICE In accordance with section 8102, 8202 and 9303, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDER None OWNER OR REPUTED OWNER(S)/PUBL!C ENTITY City of Palm Springs L__37200 ETahquitz Canyon Way lm Springs, Ca 92262 DIRECT CONTRACTOR OR Ferreira Construction 10370 Commerce Center Drive Suite B-200 Rancho Cucamonga, Ca 91730 RECEIVED APR 0 8 2024 OFFICE OF THE CITY CLERK Name and address of claimant giving notice: RMA Group,12130 Santa Margarita Court, Rancho Cucamonga, CA 91730 has furnished or will furnish labor, service, equipment or material of the following general description: Materials testing and inspection Description of job site sufficient for identification: (5462) Bogert Trail Sewer LS Project# 00-241103-0/01 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished is: Ferreira Construction 10370 Commerce Center Drive Suite B-200 Rancho Cucamonga, Ca 91730 An estimate of the total price of the labor services, equipment or material provided or to be provided is: $ 5,000 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. Date: 4/3/2024 Signature: i Proof of Notice of Declaration (California Civil Code Section 8118) I, Stacy Johnston declare: Check box that applies: IF BY MAIL That I served the copies of this Preliminary Notice by registered or certified mail (or express mail), postage prepaid, on the persons named, at the places and on the date(s) shown below: ❑ IF BY PERSONAL SERVICE That I served copies of this Preliminary Notice on the persons named, at the places and on the date(s) shown below: ❑ IF BY PURSUANT TO CCP 415.20 - -- _ — That I served copies of this Preliminary Notice by leaving [he Notice and mailing a copy of the Notice on We persons' named, at the places and on the date(s) shown below: Lender Owner or Public Body Direct Contractor None (place ofservice) :L:I .7"?11r City of Palm Springs Ferreira Construction 4/3/2024 3200 E Tahquitz Canyon Way Palm Springs, Ca 92262 (place of service) 4/3/2024 10370 Commerce Center Drive Suite B-200 Rancho Cucamonga, Ca 91730 (place 0Jserviee) Documentation of service by mail (if served by mail), as required by Civil Code Section 8118, is attached hereto. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 4/3/2024 at - Rancho Cucamonga California (date) (place ofsignatarel �t6CN �/Z�tacefL (Signatnr ojp on making notice) t �AM RMA4 Group Every Project Matters I www.rmacomponles.com To: City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, Ca 92262 Attn: Preliminary Notice P_ roiect:. 5-462)-Boge rLT.ra iLSewer-LS We Are Sending For: Your Use Project No.: Date: TRANSMITTAL 00-241103-0 4/3/2024 Via: Certified Mail Comment: THIS IS NOT ALIEN. This is NOT a reflection on the integrity of any contractor. Date Copies Description 4/3/2024 1 California Preliminary Notice 4/3/2024 1 Proof of Notice of Declaration 1-1 Carson 310.684.4854 1 Concord 925.243.6662 1 Rancho Cucamonga 909.989.1751 Sacramento 916.631.7194 1 San Diego 858.609.7138 1 San Jose 408.362.4920 I Tom K4aUoyCorporationdbaTrench Shoriproud Tom�� Malloy — lv1��oy tobeproviding services onyour job. VVeare using C��K��^��K� ,�� Leve|settoset this job upfor payment success. VVe orporation ~°�«^^^ ` ��^~ would like toshare with you the information vvehave '�� ^�� ^� �� aboutyourpr�ect Trench ^~^ `~" " Shoring ^^ ~cn ^~ ^~^ ^ . �� 0� U��, � .~�. �� (5462) P(]#5402 | 8(]GERTTRA|L 1451B{}GERTTRAIL �� _^��ct ContributionPALK45PR|NG3.{�o|�nrnia92264 - ° Bond Number (if known):47-SUR-30OOO8- Trench safety and shoring equipment and materials. O1-0479 Work Starts / Material First Furnished ZQ-DAYPRELIMINARY NOTICE 4/3/2024 Cal, C/v' Code §§82O0-8216 , Work Finishes / Material Last Furnished Tom Malloy Corporation db8Trench Shoring REcEiVED 2O6North Central Avenue Compton, California 9O22O k�D �� 076 APR �� "^. OFFICE CLERK OF THE CITY |2ye|Setlonm/+n|k ReferemceRB8K9LRKK Contact Info There you wjUbeable to: 'DLes|ieTuqin ° Send and receive messages about this document Tom Malloy Corporation dboTrench ° Fix orprovide additional details Shoring Agent -,--Phone:( Emai|:|es|iet@tnenchshoring.com ��U��lF �� . 9307110011701165510865 A 9 lks We were hired by Project Stakeholders Our Vendors ilf applicable) LEVELSET ItGeneral Contractor Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. [150911 10370 Commerce Center Drive, Suite B-200 Rancho Cucamonga, California 91730 Property Owner / Public Entity CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY Palm Springs, California 92262 4* Surety / Bonding Co. J Berkshire Hathaway Specialty Insurance Company 1314 Douglas Street, Suite 1400 Omaha, Nebraska 68102 Want more information on this project? Visit levelset.com/talk and enter RZ587K9LR6KK �tilr•.��rs-iN_:'"rr�L.nJ.I _cam. _�i_r- _� G � _ _`.F`.-_-. t -_ __ _ � � _� —�_ —_ _ .. _ _ . . _ ___ ___ . _.__ .� _ ��_ _r _ ._ .. _. — �L.� AdditionalInfo Property Description About the ,fob Estimate of the total price of the labor, services, equipment or material furnished or to be furnished $32,000.00 NOTICE TO PROPERTY OWNER / PUBLIC ENTITY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. IMPORTANT: INFORMATION REQUEST PURSUANT TO §9550 et seq. If the public entity commissioning work and/or the surety are not identified in this notice, or if either are incorrectly identified, please accept this notice as a formal request to the direct contractor pursuant to §9550 et seq to deliver (i) The name and address of the public entity commissioning the work; and /or (ii) The name and address of the surety, if any; as the case may be; Further, if the direct contractor is not identified or is misidentified, please consider this a formal request to provide that information to Tom Malloy Corporation dba Trench Shoring. Any information provided to Tom Malloy Corporation dba Trench Shoring may be provided by visiting levelset.com/talk and entering RZ587K9LR6KKor by sending to the following address: Tom Malloy Corporation dba Trench Shoring 206 North Central Avenue Compton, California 90220 Leslie T-W-f6m Tom Malloy Corporation dba Trench Shoring Signed by Leslie Turpin Its duly authorized and disclosed agent Signed on April 19, 2024 Employee Trust Funds (and Laborers) If applicable, and pursuant to §8208 (b) of the California Civil Code, the following is a list of the Employee Trust Funds (described in subdivision (b) of Section 8024) and/or laborers to which payments are due. Want more information on this project? Visit levelset.com/talk and enter E V E L S E T RZ587K9LR6KK Mail Center PRESORT PO Box 9023 First -Class Mail Temecula, CA 92589-9023 U.S. Postage and Fees Paid W SO 9307 1100 1170 1165 5108 65 20240422-214 Illll,lllll,-llllll'lllllllI'll vhd11ll'Illll..11ll.l.1Ir-III CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY Palm Springs, CA 92262 CM RUSH CM —RUSH Martin Marietta is on your job! 32-BOGERT TRAIL AND BARONA RD, PA 1451 Bogert Trail Palm Springs, California 92264 2-FLAY PRELIMINARY NOTICE. Cal. Civ, Code §§ 32 0- 216 Monica Lekas Martin Marietta Agent Phone: (858) 944-6715 Email: monica.lekas@martinmarietta.com EVELSET Martin Marietta is proud to be providing services or materials on your job. We are using Levelset to set this job up for payment success. We would like to share with you the information we have about your project. Our Project Contribution AGGREGATES and/or CEMENT and/or READY MIX and/or ASPHALT and/or MAGNESIA PRODUCTS Work Starts / Material First Furnished 4/25/2024 Work Finishes / Material Last Furnished 4/26/2024 Martin Marietta 4123 Parklake Avenue Raleigh, North Carolina 27612 levelset.com/talk Reference PRHXTVQZX9SN There you will be able to: • Send and receive messages about this document • Fix or provide additional details 9307110011701167009893 RECEIVED MAY 14 2024 OFFICE OF THE CITY CLERK We were hired by Project Stakeholders Our Vendors (If applicable) '5, 001 LEVELSET Subcontractor FERREIRA CONST CO INC 31 TANNERY RD BRANCHBURG, New Jersey 08876-6001 Property Owner / Public Entity City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, California 92262 4* Surety / Bonding Co. J Berkshire Hathaway Specialy Insurance Co 1314 Douglas Street Ste 1400 Omaha, Nebraska 68102 INGeneral Contractor Ferreira Construction Co, Inc 10370 Commerce Center Dr Ste B-200 Rancho Cucamonga, California 91730 Want more information on this project? Visit levelset.com/talk and enter PRHXTVQZX9SN Estimate of the total price of the labor, services, equipment or material Additional Info furnished or to be furnished: About the Job $20,000.00 The following is text required to be provided by California law: IN ACCORDANCE WITH SECTIONS 8100 et seq., and 9300 et seq., CALIFORNIA CIVIL CODE, THIS IS NOT A REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. Martin Marietta Signed by Monica Lekas Signed on May 08, 2024 INFORMATION REQUEST PURSUANT TO §8208 If the property owner and/or construction lender and/or general contractor are not identified in enclosed notice, or if either are incorrectly identified, please accept this notice as a formal request to the direct contractor pursuant to §8208, and all other recipients, to deliver (i) The name and address of the owner; and / or (ii) The name and address of the general contractor, and / or( iii) The name and address of the construction lender, if any; as the case may be, to the Notifying Party at the address provided in this notice. Employee Trust Funds (and Laborers) If applicable, and pursuant to §8208 (b) of the California Civil Code, the following is a list of the Employee Trust Funds (described in subdivision (b) of Section 8024) and/or laborers to which payments are due: _EVELSET an more information on this project? Visit levelset.com/talk and enter PRHXTVQZX9SN Mail Center PO Box 9023 Temecula, CA 92589-9023 `_X 1111I�IIINIIIIII IIII 20240509-214 " III -Illllllll"Illlllll'Illlll'Illlllll'I'll 'Il'Illl'Illl"IIII City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 PRESORT First -Class Mail U.S. Postage and Fees Paid W SO CM CM -y SUPERIOR READY MIX 1564 W MISSION RD ESCONDIDO CA 92029 7136 0615 0661 1258 2314 RECEIVED 1075774 1441 MAY 0 8 2024 OFFICE OF THE CITY CLERK CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS CA 92262- OWNER or Reputed Owner (on private work) 02 or PUBLIC AGENCY (on public work) CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS CA, 92262- CONSTRUCTION LENDER/Surety or Reputed Construction Lender/Surety. If any. BERKSHIRE HATHAWAY INSURANCE 1314 DOUGLAS STREET STE 1400 OMAHA NE.. 68102- DIRECT CONTRACTOR or Reputed Contractor, if any 03 FERREIRA CONSTRUCTION CO INC 10370 COMMERCE CENTER DR #200B RANCHO CUCAMONGA CA. 91730- SUB CONTRACTOR/person or firm who contracted for the purchase of such labor. services. equipment or materials is: FERREIRA CONSTRUCTION CO INC 31 TANNERY ROAD BRANCHBURG NJ, 08876 OTHER INFORMATION, if any. Owner Copy CALIFORNIA PRELIMINARY NOTICE THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO SECTIONS 8034(a), 8102, 8200 et seq, CALIFORNIA CIVIL CODE. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. YOU ARE HEREBY NOTIFIED THAT.... SUPERIOR READY MIX CONCRETE L.P. 1564 W MISSION RD ESCONDIDO CA 92029 has furnished or will furnish labor, services. equipment or materials of the following general description: READY MIX CONCRETE, SAND AND/OR ROCK for the building, structure or other work of Improvement located at: BOGERT TRAIL SEWAGE LIFT STATION 1451 BOGERT TRAIL PALM SPRINGS An estimate of the total price of labor, services, equipment or materials furnished or to be furnished is: $20.000.00 By Prelim Manager Dated: 05l03l2024 (Signature) (Title) NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. PROOF OF SERVICE BY MAIL AFFIDAVIT I, Jesie Walker, declare that I served copies of the above PRELIMINARY NOTICE by First Class Certified, postage prepaid, addressed to each of the parties at the addresses shown above on 05/03/2024. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: Jesie Walker, Agent Executed at ESCONDIDO, California on 05/03/2024