BCRUA_R-23-02-22-7C RESOLUTION NO. R-23-02-22-7C
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUTA") has determined
that an emergency repair is required to be completed on a 36-inch underwater pipeline; and
WHEREAS, the repair of the 36-inch underwater pipeline ("Project") is necessary to preserve
or protect the public health and safety of the residents of the cities of Cedar Park, Leander, and Round
Rock; and
WHEREAS, the BCRUA is under no obligation, statutory or otherwise, to advertise for bids
for the Project, as such fall under the general exemption to competitive bidding requirements cited in
Texas Local Government Code Section 252.022(a)(2) regarding procurements necessary to preserve or
protect the public health or safety of the municipality's residents; and
WHEREAS, Thalle Construction Company has submitted a proposal to complete the Project;
and
WHEREAS, the BCRUA desires to enter into a contract with Thalle Construction Company to
complete the Project, Now Therefore
BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY,
That the President is hereby authorized and directed to execute on behalf of the BCRUA a
contract with Thalle Construction Company, subject to the General Manager's and the Board
Attorneys' approval of the final language and terms of said contract.
The Board of Directors hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
03304634-A 4872-1147.9080
RESOLVED this 22nd day of February, 2023.
kpipf—
ANNE DiVFFY, Prei nt
Brushy Creek Region Utility Authority
ATTEST:
NA'COLE THOMPS074, Secretary
2
}
DATE: February 17, 2023
SUBJECT: BCRUA Board Meeting—February 22, 2023
ITEM: 7C. Consider a resolution authorizing the President to execute an Agreement with
Thalle Construction Company for the repair of the 36" Underwater Pipeline.
PRESENTER: Karen Bondy, General Manager
Agreement will be available at the Board meeting.
i
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2023-984992
THALLE CONSTRUCTION CO., INC
ALVARADO, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/17/2023
being filed.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY Date Acknowledged:
02/21/2023
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
22-382
REPAIR OF 36"UNDERWATER PIPELINE FEBRUARY 14, 2023 BREAK EVENT PROPOSAL
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
',s!reel) (city) (slate) (zip code) (country)
I declare under penalty of perjury that tt�e foregoing is true and correct.
Executed in County, State of.___._ on the day of ,20
(month) (year)
Signature of author-zed agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0
t
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Cornnfete Nos 1 -4 a,ul 6 it+Prp are 'teresOd parties OFFICE USE ONLY
Complete Nos 1.2.3 5. ane 6 f throe are no tnterestec parties. CERTIFICATION OF FILING
1 Name of business cntity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
2023-984992
THALLE CONSTRUCTIO'V CO INC
ALVARADO, TX Untttsd Srates Date riled
2 Name of governmental entity or state agency that is a party to the contract for which tFTe form is 02/17/2023
being filed,
BRUSHY CREEK REGiONA_ UTILITY AUTHORITY Date Acknowledged
3 Provide the adentifi"tio•i number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
22-3£32
REPAIR OF 3G"UNDERWATER PIPELINE FEBRUARY 14, 2023 BREAK LVLNI PROPOSAL
4 Nature of Interest
'Jame of Interested Party City, State, Country(place of business) (check applicable)
Controlling Intermediary
5 Check unly i1 there is NO interested Parly. El
ti UNSWORN DECLARATION
MynFurteis JOHN ZUPAN
and my cite of Dinh is
My adrress is
10110 E FM 917 ALVARADO TX 76009 USA
'street i
tray; tctrto? (z.P txna)
(country
I declare under peva ry of Wrtury 1'111 the forp(j ang iq Iron and corre.t.
Executed an JOHNSON cminty stare or TEXAS1
on tt e?_c:ay of FEBRI.AR!.20 23
(rnont-1) (yea')
Signature L>f '01C)nQed ag o contract,n(t business emir/
rDeaa a )
Form-, provided by TeFas Etlw a Curti rli:5io►t wmv.ethics.state tx.,)s
Version V3.5 1 3acR8hc0 �
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW...
AMENDMENT NO. 1 TO
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
This First Amendment to Standard Fonn of Agreement between Brushy Creek Regional Utility
I on (hereafter "Owner") and Thalle Construction Company (hereafter "Contractor") is dated the
day of February,2023.
RECITALS
WHEREAS,on the 8°i day of September 2022, Owner and Contractor executed a Standard Form
of Agreement ("Agreement") for the repair of a 36-Inch Underwater Pipeline; and
WHEREAS,an additional emergency repair to the 36-Inch Underwater Pipeline is now required;
and
WHEREAS, completion of said additional repair is necessary to protect the public health and
safety of the residents; and
WHEREAS, Owner and Contractor desire to amend the Agreement to include the Work and
Cost of Work for the additional required repair as set forth herein;
ARTICLE I
THE WORK
The Work required to be performed by Contractor pursuant to the Agreement shall be amended to
include the additional work described in the attached Exhibit "A I," incorporated herein by reference for
all purposes. The Scope of Work described in Exhibit"A" and the additional Scope of Work described in
the attached Exhibit"A1"shall collectively be considered the"Work" for the purpose of the Agreement.
ARTICLE II
COST OF WORK
The Cost of the Work set forth in the Agreement shall be amended to include the itemized costs
in the attached Exhibit"BI," incorporated herein by reference for all purposes. The costs enumerated in
Exhibit "B" and the costs enumerated in the attached Exhibit "Bl" shall collectively be considered the
"Cost of Work"for the purpose of this Agreement.
488779--584411-5441
&P-UA-P 2?-02-22-�C
ARTICLE III
BOND COSTS
Contractor shall provide amended Payment and Performance Bonds in the amount of the
amended Cost of Work. Copies of said amended Bonds shall be attached hereto as Exhibit "C,"
incorporated herein by reference for all purposes.
ARTICLE IV
EXHIBITS
The following exhibits supplement this Agreement and shall form part of the Contract
Documents;
Exhibit"Al" (Additional Scope of Work)
Exhibit"B l" (Costs for Additional Scope of Work)
Exhibit"C' (Amended Payment and Performance Bonds)
ARTICLE V
MISCELLANEOUS
This Amendment No. I shall amend the original Agreement only as set forth herein with no other
changes in terms or conditions of the original Agreement.
[Signatures on the following page.]
2
IN WITNESS WHEREOF, Owner and Contractor have executed this Amendment No. 1 to be
effective as of the last date of due execution by both parties.
OWNER:
BRUS K It. AL UTILITY AUTHORITY
By:
Anne Duffy, its Presi nt
Date Signed: Fkk��JL
FOR BRUSHY CREEK REGIONAL UTILITY AUTHORITY,
APPROVED AS TO FORM:
By:
Stephan Lf Sheets,Attorney
CONTRACTOR:
THALLE CONSTRUCTION
By:
Printed Name:
Title:
Date Signed:
IN WITNESS WHEREOF, Owner and Contractor have executed this Amendment No. 1 to be
effective as of the last date of due execution by both parties.
OWNER:
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Anne Duffy, its President
Date Signed:
FOR BRUSHY CREEK REGIONAL UTILITY AUTHORITY,
APPROVED AS TO FORM:
By:
Stephan L. Sheets,Attorney
CONTRACTOR:
THALLE CQ STRUCTION
By. -�`
Printed Nae:
Title:
Date Signed: J.-re-1 1_-',
3
T"'Jors
L AE
Lm J
C01\1S1kUCIl0t\1 C'OMPA14Y
ATULLY GROUP COMPANY
February 17,2023
BCRUA C/O
Walker Partners
804 Las Cimas Parkway
Austin,TX 78746
Attn:Aaron Archer
Re: BCRUA Phase 2 Raw Water Delivery System
36-In Underwater Line Repair(
February 14,2023 break event Proposal)
Please consider this as Thalle Construction Company's("Thalle")initial assessment,generalized workplan,preliminary
schedule,and estimated additional cost of all labor,equipment,material,and fuel necessary to complete the repair plan
developed from the investigative dive performed by Global Diving on February 14,2023 and as outlined on the work plan
below and detailed on the attached plan view.This work plan was developed in a cooperative manner with input from
both the Owners Engineering Team, Global Diving and Thalle personnel. The information provided is an estimate of
probable costs based on available data to date and assumes the use of Owner provided pipe and material fittings as
outlined on the attached work plan and the added materials provided by Thalle also outlined on the work pian. Due to the
emergency nature of this work the material costs are estimated and final compensation will be based on actual invoice
costs.The attached proposal is an estimate,not a maximum amount not to exceed.The final cost will be determined on
the cost-plus basis as outlined in Article 11.4.1.3 of the provided"short form".
Emergency Repair Plan 02.17.2023
This plan is intended to describe the Thalle/Global's means and methods for repairs of the existing 36"Raw Water Pipeline
Running through Lake Travis.
Mobilization
Global will be utilizing the existing Poseidon Barges provided by Thalle. A marine architect has performed a stability
analysis.The Dive Crew is assembling the Emergency Work Platform on 02.17.2023. The Crane being utilized on the
water is a Broaderson iC80-3J.Thalle will be providing an operator for the crane to facilitate the tripping process, as well
as tugboat movements.
Repair Parts and Fittings
2 @ Mega Lug Collar(EBAA 1100)(By BCRUA)
2 @ Split Mega Lug Collar(EBAA 1100 SBC)(By Thalle)
1 @ MJ Flange Adapter with extra gaskets)(By BCRUA)
1 @Rebuild Kit for Disassembly Joint(By Thalle)
30 @ 1"dia. B7?All thread rods six feet long each (200 LF) (By Thalle)
150 @ Heavy Hex Nuts with washers for all thread (By Thalle)
8 @ 1"x 4"Grade 5 bolts with Nyloc Nuts and Washers(for the chocks)(By Thalle)
10110 E FM 917—Alvarado, TX 76009; Phone: (817) 728-3891 EXHIBIT
Al
r ALALAF
C0MS1ki1C 110f,I ('0i'vl1)At\JY
A TULLY GROUP COMPANY
4 @ 1"x 8" Rock Bolts(By Thalle)
W-14 Beam for Chocks 30feet long(By Thalle)
44 feet of High Denier Neoprene(By Thalle)
300 Ready mix grout bags for pipeline support(By Thalle)
Repair Plan
Day(1)02.17.2023
Construct Dive Barge with crane and spuds.Global will take possession of the repair fittings and inventory.Additional crew
dispatched from Seattle and flown to Austin, logistics handled internally.
Day(2)02.18.2023
Finish all barge assembly and setup. By end of shift the dive barge will be ready for work on Monday.
Global will on the initial dive measure the location of the pipe on each of the horizontal supports of the cross bracing for
record.
Global will identify and measure the angular deflection of the two ball joints in the Flex Tend Double Bail Joint,the single Ball
Joint,the first pipe joint up stream of the discontinuity and the first pipe joint downstream of the repair area.
Global will provide a redline drawing of the hydrographic survey with the known parts identified for record.
Day(3)02.20.2023
Dayshift start time 0700. Move barge on location,establish work site and begin site cleanup,remove existing grout bags and
place on materials barge.
Nightshift start time 1900.Continue with site preparation,removal of grout bags and place on materials barge.
Day(4)02.21.2023
Dayshift will remove MJ flange adapter, Mega-Lug,all hardware,and Disassembly Joint.
Nightshift to begin straightening pipe,and begin topside fabrication of all 3 chocks.
Day(5)02.22.2023
Dayshift will rebuild disassembly joint on deck and continue straightening pipe including resetting the Flex-Tend Force
Balanced Double Ball Joint to
+8"-8"(simultaneous operation). Continue with chock fabrication.
Nightshift will check ovality of pipe and locate the cut.The Clamshell cutter will be installed and the pipe cut.The coupon
will be marked at 12o'clock and saved for BCRLIA.
Day(6-8)02.23.2023--02.25.2023
Dayshift and Nightshift will install 2 Mega-Lug collars,the new MJ flange adapter with Gasket,rebuilt Disassembly joint,and
Split Mega-Lug Collar with long Tie Rods.
I
10110 E FM 917—Alvarado,TX 76009; Phone: (817)728-3891
TMA LAwAff
C01v1SIN0CfI01v1 C0NiVANY
A TULLY GROUP COMPANY
Day(9-10)02.26.2023—02.27.2023
Dayshift and Nightshift will torque all new hardware to spec.48 nuts torqued and 24 nuts snugged(mid span hardware).
Day(11)02.28.2023
Dayshift installs downstream Split Mega-Lug Collar(EBAA 1100SBC),replacing every fourth flange bolt(total of 6 long tie
bolts)to the MJ Flange Adapter and torques all new hardware to spec. Begins installing chocks with neoprene.
Nightshift finishes installing chocks and begins supporting pipeline with new grout bags.
Day(12)03.01.2023
Dayshift finishes supporting pipeline in repair area (entire repair area) leaving space around every fitting for inspection
purposes.
Nightshift will perform a full video inspection of all fittings and hardware and prove torque on all installed hardware for
the length of the original repair.Divers will install two bubble levels at the crown of the pipeline with splash zone
(underwater epoxy)directly in line with the'H' piling.These levels will have a set measurement point and create a
repeatable target for all future inspections.The bubble levels will also show any indication of pipe movement and roll.
Day(13)03.02.2023
Day shift finalizes any open tasks and unlocks the LOTO from the barge control room.Pipeline is charged and monitored for
leaks.
Nightshift continues monitoring for leaks for the first 24 hours.
During the final inspection,Global will provide vertical offset deflection of the pipeline with an angle reading bubble level.
Day(14)03.03.2023
Repair complete and shift work ends.
Plan B (Additional 2 days, Shift begins 02.22.2023—02.24.2023)
Pipe is too out of round or cut too far back to reconnect
Day(1) Plan B
Dayshift will cut a section of BCRUA supplied pipe long enough to join both ends of the pipeline.The MJ Flange Adapter
will be installed on the downstream end as originally planned with two Mega-Lug Collars and long Tie Rods.
Nightshift will install two Mega-Lug collars on the new section of pipe and two Mega-Lug Adaptors on the upstream original
pipe and connect with a BCRUA supplied MJ Sleeve.
Day(2)Plan B
Dayshift and Nightshift Torque all Mega-Lug Tie Bolts and foot bolts to spec.
10110 E FM 917—Alvarado,TX 76009; Phone: (817)728-3891
TMA ALSAff
C01\1SIR(JCI101,1 COA4VAIlY
A TULLY GROUP COMPANY
See attached cost outline for the estimated repair work price.This pricing outline includes 10 inspection dives over the
next 6 months as requested by BCRUA representatives.This includes the actual dive,an inspection video,full written
report and review meeting.
See attached schedule based on authorization and execution of the contract amendment.
Note Thalle and our subcontracting partner have begun mobilization and material procurement based on the email
notice provided on February 15, 2023 by Karen Bondy to Robert Farrow.
Respectfully Submitted
Robert Farrow
Senior Project Manager
Rfarrow@thalle.com
10110 E.FM 917
Alvarado,Texas 76009
direct:817.728.3891 i cell:817 583.4230
w
a
C
i
10110 E FM 917—Alvarado,TX 76009; Phone: (817) 728-3891
0
D
D
Proposed Contract Modification
ISSUING OFFICE Change Request
t> ^1.1.Aff
CONSTRUCTION COMPANY
ATTN: Joerg Moser Robert Farrow
Walker Partners 10110 E.FM 917
BCRUA Emergency Repair Alvarado,Texas 76009
Project No.
Reference: Emergency Underwater Repair Date: February 17,2023
Description. See Outline
CONTRACTOR'S PROPOSAL
DESCRIPTION AMOUNT
LABOR $284,703,25
MATERIALS&MISC EXPENSES $43,628.10
SUBCONTRACTOR OTHER $534,337.00
SUBTOTAL $862,668.35
MARGIN 25.00% $215,667.09
SUBTOTAL W/MARGIN $1078335.44
EQUIPMENT $452,374.0
$452,374.00
SUBTOTAL EQUIPMENT COSTS $452,374.00
Insurance 0.87% $11,440.87
BONDS 0.68% $8,942.29
SUBTOTAL BONDS $20,383.18
UNIT PRICE WORK
UNIT UNIT PRICE QUANTITY
Is 1.00 $0.00
SUBTOTAL UNIT PRICE WORK $0.00
Total Cost of Change $1,551,092.59
Contractor's Certification., 1 certify this estimate is made in good faith,and the supporting documentation is accurate
and complete to the best of my knowledge and belief
2/15/2023
Robert Farrow Date
Project Manager
EXHIBIT
0.00 Emergency Underwater Repair SODA
See Outline Crew Labor Costs
Activity: See Outline
Resource ID Resource Description QTY. UoM Unit Cost Burden(55%) Overtime Rate Extended Cost
FMNUTILITY Marine Foreman 336.00 MH $ 55.00 1.55 0 $ $ 28,644.00
LABI Land Support skilled labor(2) 336.00 MH $ 26.00 1.55 176 $ 2,288.00 $ 15,828.80
LA83 Land Support Pipe Fitters (2) 168.00 MH $ 42.00 1.55 88 $ 1,848.00 $ 12,784.80
LA84 Land Support Labor(2) 84.00 MH $ 55.00 1.55 0 $ $ 7,161.00
OE2 Land Support Welder 84.00 MH $ 26.00 1.55 176 $ 2,288.00 S 5,673.20
OE3 Land Support Pipe Fitters (2) 84.00 MH $ 32.00 1.55 88 $ 1,408,00 $ 5,574.40
Land Support Labor(2) 84.00 MH $ 24.00 1.55 88 $ 1,056.00 $ 4,180.80
SUP 5 Land Support Welder $4.00 MH $ 60.00 1.55 40 $ 1,200,00 $ 9,012,00
Land/Marine Crane Operator 336 MH $ 78.00 1.55 232 $ 9,048.00 $ 49,670.40
Field Engineer 168 MR $ 48.00 1.55 NO 0.00% $ 12,499.20
Field Sup 168 MR $ 95.00 1.55 NO 0.00% $ 24,738.00
Safety Rep 336 HR $ 65.00 1.55 NO 0.00% $ 33,852.00
MR 1.55 NO 0.00% $
Per Olam 2268 MR $ 10.00 1.00 NO 0.00% S 22,680.00
Smalls Tools Modifier 0.25 $ 209,618.60 1 NO 0.00% $ 52,404.65
PM Project Manager MH $ 110.00 1.55% NO 0.00% $
Activity 0 Subtotal: $ 284,703.25
0.00 Emergency Underwater Repair 200A
Emergency Underwater Repair EQUIPMENT COSTS
Activity: 200A
Resource ID Resource Description QTY. UaM Unit Cost Markup Taxable Tax Rate(8.25%) Extended Cost
3-TSRENTAL LS YES 8.25% $ -
Cutter Clamshell cutter 11.00 day $ 1,469.00 N/A NO 0.00% $ 16,159.00
Veh Foreman 216.00 hr $ 8.75 N/A NO 0.00% $ 1,890.00
8GEN5KW Carry Deck Crane 216.00 HR $ 481.25 N/A NO 0.00% $ 103,950.00
BEX03S 40x60 Barge 216.00 Hr $ 562.50 N/A NO 0.00% $ 121,500.00
8EX06S Freight Charges 48.00 HR $ 306.25 N/A NO 0.00% $ 14,700.00
8LDR05 MlscSpecialty Tools 1.00 Is $ 9,375.00 N/A NO 0.00% $ 9,375.00
8PU01 Tug Boat 216.00 HR $ 395.00 N/A NO 0.00% $ 85,320.00
8TRUCXW2 Welding Machine 216.00 HR $ 55.00 N/A NO 0.00% $ 11,880.00
8TS3 Manboat 216.00 HR $ 268.75 N/A NO 0,00% $ 58,050.00
Extended Pipeline Inspections
8PUMP03E 30x15 Mat Barge 40.00 HR $ 343.75 N/A NO 0.00% $ 13,750.00
8TOOLS01 Tug Boat 40.00 HR $ 395.00 N/A NO 0.00% $ 15,800.00
NO 0.00% $
N/A NO 0.00% $
HR N/A NO 0.00% $
HR N/A NO 0.00% $
HR N/A NO 0.00% $
HR N/A NO 0.00% $
HR N/A NO 0.00% $
HR N/A NO 0.00% $
HR N/A NO 0.00% $
HR N/A NO 0.00% $
Activity 200A Subtotal: $ 452,374.00
0
0
contro
0 Emergency Underwater Repair
See Outline
Materials
Activity: Mechanical Fitment(Materials) 2008
Resource ID Resource Description QTY. UoM Unit Cost Taxable Tax Rate(8.25%) Extended Cost
NO 0.00% $
NO 0.00% $
Porta Pots 0.00 Mon $ 675.00 NO 0.00% $
Oumpster 0.00 Mon $ 1,27500 NO 0.00% $ -
Dumpster Disposal Fees 2.00 ea $ 1,275.00 NO 0.00% $ 2,550.00
Spill Containment Kit 1.00 ea $ 4,500.00 NO 0.00% $ 4,500.00
Lite Rings 0.00 ea $ 1,275.00 NO 0.00% $ -
Misc Mats Steel 1.00 Is $ 5,000.00 NO 0.00% $ 5,000.00
Concrete bags 300.00 ea $ 18.00 NO 0.00% $ 5,400.00
Mld Span Restraint 4.00 ea $ 3,300.00 NO 0.00% $ 13,200.00
Gaskets 2.00 $ 130.00 NO 0.00% $ 260.00
1"All Thread rod and bolts 1.00 Is $ 1,670.00 NO 0.00% $ 1,670.00
Coil Rod 3/4 Washers and Nuts 1.00 IS $ 2,245.00 NO 0.00% $ 2,245.00
Contact Cement 3.00 gal $ 45.00 NO 8.25% $ 146.14
V Anchors 1.00 box $ 145.00 NO 8.25% $ 156.96
Mlsc Mats Stee! 1.00 Is $ 8,500.00 NO 0.00% $ 8,500.00
YES 8.25% $
NO 0.00% $
NO 0.001% $ -
NO 0.00% $
NO 0.00% $
Activity 2008 Subtotal: $ 43,628.10
0
contro
0 Emergency Underwater Repair
See Outline
Activity: Subcontractor Other Expenses 300A
Resource ID Resource Description QTY. UoM Unit Cost Burden(s0%) Extended Cost
Global Mob 1.00 LS $ 54,000.00 N/A $ 54,000.00
N/A $ -
Global 24 Hour Crew 14.00 LS $ 27,467.00 N/A $ 384,538.00
LS N/A $ -
Investigation 2.14.23 1.00 LS $ 15,799.00 N/A $ 15,799.00
OTHER LS $ - N/A $ -
OTHER LS $ - N/A $ -
Inspections 10.00 EA $ 8,000.00 N/A $ 80,000.00
Tug and Barge See Equipment Schedule 40.00 HR $ - N/A $ -
OTHER LF N/A $
OTHER LF N/A $
OTHER LS N/A $ -
Pump Sub LS NA $ -
OTHER $ - N/A $ -
SUBTOTAL SUBCONTRACTOR OTHER 300A SUBTOTAL $ 534,337.00
0
0
contro
EXHIBIT "C"
(Amended Payment and Performance Bonds)
Bond No, K41583824 Federal Insurance Company
Bond No.0 152154 10 Liberty Mutual Insurance Company
RIDER
To be attached to and form a part of Performance&Payment Bond Bond,No. K415838241015215410
dated the 8th day of September 2022 issued by
Federal Insurance Company, 2028 Hall's Mill Road, Whitehouse Station, NJ 08889
Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02116 as Surety,on behalf of
Thalle Construction Co., Inc., 900 NC Highway 86 North, Hillsborough, NC 27278 as Principal,
in the penal sum of One Million Six Hundred One Thousand Six Hundred Sixty Eight Dollars and 351100
Dollars($ 1,601,668.35 ),and in favor of Brushy Creek Regional Utility Authority
In consideration of the premium charged for the attached bond,it is hereby agreed that the attached bond be amended as
follows:
Bond Amount Increase-Amendment No. 1
From:One Million Six Hundred One Thousand Six Hundred Sixty Eight Dollars and 351100($1,601,668.35)
To:Three Million One Hundred Fifty Two Thousand Seven Hundred Sixty Dollars and 94/100($3,152,760.94)
Provided,However,that the attached bond shall be subject to all its agreements,limitations and conditions except as
herein expressly modified,and further that the liability of the Surety under the attached bond and the attached bond as
amended by this rider shall not be cumulative.
This rider shall become effective as of the 17th day of February 2023
Signed,sealed and dated flus 22nd day of February 2023
Thalle Con J�ction Co., Inc.
ATTEST: /
(ay
PRINCIPAL
����� WIrance
Chief Executive Officer
N
FCompany
Liurance Company
ACCEPTED:
Jaclyn Tho as ,Attorney-in-Fact
ACKNOWLEDGEMENT OF CONTRACTOR-IF A CORPORATION
STATE OF NEW YORK
COUNTY OF QUEENS
ON THE 22"s DAY OF February, 2023 BEFORE ME PERSONALLY APPEARED Peter K. Tully TO ME KNOWN,
WHO,BEING BY ME DULY SWORN,DID DEPOSE AND SAY;THAT(S)HE IS THE CHIEF EXECUTIVE OFFICER
OF Thalle Construction Co. Inc. THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY
OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRI EN ABOVE.
Notary Public CAROL R. CORDON
Notary Public, State of New York
No.01G04680187
Qualified In Queens County
ACKNOWLEDGEMENT OF SURETY COMPANY Commission Expires April 30, 20OG
STATE OF NEW JERSEY
COUNTY OF MORRIS
ON THE 22"a DAY OF February,2023 BEFORE ME PERSONALLY APPEARED Jaclyn Thomas TO ME KNOWN,
WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF
Federal Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,.AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY
OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE.
Notaly Public C DIPAL,P S4ALIYA
NOTARY PUBLIC'
ACKNOWLEDGEMENT OF SURETY COM NY STAT$OFNEW JERSEY
MY COMMISSION,EXPIRES JUNE 04,2025
STATE OF NEW JERSEY
COUNTY OF MORRIS
ON THE 22"d DAY OF February, 2023 BEFORE ME PERSONALLY APPEARED Jaclyn Thomas TO ME KNOWN,
WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF
Liberty Mutual 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 DIPA tL P SAV/ LIMA'
NOTARY PUBLIC
STATE OP NEW JERSEY
MY COMMISSION EXPIRES JUNE 04,.2025
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS,LIABILR3ES AND SURPLUS TO POLICYHOLDERS
StaLftrV Dads
0ecsmber311,2021
(in thousa lds)
LIABlUTIES AND
ASSM SURPLUS TO POLICYHOLDERS
Cash and Short Tenn Investments 3 (587,3D0) OubAMIN Losses and Lou Expenses i 8,701,383
United States Government,Stale Reinsurance Payable an Losses and Expenses, 1,484,198
and Municipal Bonds 4,271,634 Unearned Premiums 2,400,711
other Bonds 5,944,673 Ceded Reinsurance Premiums Payable 368,332
Stow 075,688 Other Liabilities 498,472_
Other Invented Assets 1,847,712
TOTAL INVESTMENTS 12,022,201 TOTAL LIABILITIES 13,451,094_
Investments In ANtllatas: Cepifal Sock 20,460
Great Northam Ins.Co. 414,838 Pald-In Surplus 2,711,474
Vigilant Ins.Co. 354,696 Unassigned Funds 1,403,522
Chubb Indemnity Ins.Co. 163,242
Chubb National Ins.Co. 190,601 SURPLUS TO POLICYHOLDERS _ 4,635,974
011ier AlFlAates 116,373
Premiums Receivable 1,720,853
Oltwr Assets 3.078.488
TOTAL LIABILITIES AND
TOTAL ADMITTED ASSETS .f. 1 e,0� 57,070. SURPLUS S 18+870 00
(nvaW,enla are valued In accordance with requirements of the National Association of Insurance Commlsalonem,At December 81,2021,
Investments with a carrying value of$509,085,182 were daposHed with govemmant authorities as required by law.
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John Taylor,being duly sworn,says that he Is Senior Vlee Praskterrl of federal insurance Company and that to the beat of his knowledge
and bettef the foregok p a tate and wmoed statement
of the said Company's ftnandat conditon as of the 31 at day of Deoember,2021.
4blr-m � !Ly; GiJGy
an
e y comm u o "Preft
Commonweatth of Pennsytnanla-Notary$ul
Jaime L.Yates,NClary Public
PhiladelphiaCoUnty
MycommisalonexptreaSebts��nn a 2023
Gammisalon ntJmber 138T07t!
MembecPannsylvinlaAsaeclaUono Notaries
Liberty LIBERTY MUTUAL INSURANCE COMPANY
Mutual. FINANCIAL STATEMENT—DECEMBER 31,2021
SURETY
Assets Liabilities
Cash and Bank Deposits....................................... $2,234,770,744 Unearned Premiums............................................. $9,106,965,847
*Bonds—U.S Government................................... 4,250,615,811 Reserve for Claims and Claims Expense................ 25,279,158,493
*Other Bonds......................................................... 16,983,165,862
Funds Held Under Reinsurance Treaties................ 315,537,902
Reserve for Dividends to Policyholders................. 1,726,291
*Stocks.................................................................. 20,075,458,019 Additional Statutory Reserve
................................ 139,634,000
Real Estate........................................................... 182,250,567 Reserve for Commissions,Takes and
Agents'Balances or Uncollected Premiums.......... 7,607,687,836 Other Liabilities.............................................. 8,638,106,801
Accrued Interest and Rents................................... 120,173,987 Total.............................................................. $43,481,129,334
Other Admitted Assets.......................................... 14,076,622,575 Special Surplus Funds................. $178,192,363
Capital Stock.............................. 10,000,075
Paid in Surplus........................... 11,804,736,755
Unassigned Surplus.................... 10,056,686,874
Total Admitted Assets...................................S6S.S30.7dS.401 Surplus to Policyholders...............................22,049,616,067
Total Linbllities and Surplus..............................565.530.745.401
JF�INSUR�H
Bonds are stated at amortized or investment value;Stocks at Association Market Values.
1912 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
1,TIM MIKOLAJEWSKI,Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true,and
correct statement of the Assets and Liabilities of said Corporation,as of December 31,2021,to the best of my knowledge and belief.
IN WITNESS WHEREOF, i have hereunto set my hand and atfxed the seal of said Corporation at Seattle,Washington, this 81'day of
March,2022.
1 p'rl f l
Assistant Secretary
S-1262LMIGa 3122
CHUBEB'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company J Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a Now York corporation,PACIFIC INDEMNITY
COMPANY,a W IsconsIn corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporattonsof the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Thomas MacDonald, Marlsol Mojlca, Edward Rellly, Krystal L. Stravato, Jaclyn Thomas and Kevin T. Walsh Jr.
of Whippany, New Jersey;Andrea E.Gorbert of Jericho,New York;Nell C.Donovan,and Gerard Leib of Berwyn,Pennsylvania---------------------------
each as their t rue and lawful Attorney to-Fact to execute undersuch designation In their names and to affix their corporate seals to and deliver for and on thelrbehalf as surety thereon
or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business,and any instruments
amending oralterhrg the same,and consents to the modification or alteration of any Instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate sealson this 61a day of April,2022.
Ikrv.n 1t..Chhro;.Asids mi.Secretary "wplicn it I I,Duy,1 ice PrcJde it —-—
�e,A✓ 4r ./r Vwa
STATE OF NEW JERSEY
County of Bunterdon
On this 0h day of Aprn,2022 before me,a Notary Public of Now jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to he Assistant Secretary and Vice
President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chlows and Stephen M.Haney,being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT
INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seats
thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such
officers were duly affbted and subscribed by like authority.
Notarial Seal @40KAT1iERINE J.AOEII+AR
NOTARY PUBLIC OR NKW JHRSF-YNu.2R16M
C40Writsa{om F�ph••July 16,2024 Nularr PuaN
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016;
WESTCHESTER hlIZE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009:
'RESOLVED,that tho following authorizations rdate to the execution,for and on behalf of the Company,of bonds,undortakings,recognizances,contracts and other written commitments of the Company
entered Into In the ordinary course of business(each a*Written Commitment'),
(1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment forandonbehalf ofthe Cmpony,under theseal
of the Company or otherwise.
(2) rm,rh duly appointed attorney-in-fact ofthe Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company,under the seal ofthe Company orotherwise,
to the extent that such action Is authorited by the grant of powers provided for in such person's written appointment as such attorney-imfam
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in-
fact of the Company with full power and authority to execute,for and on behalf ofthe Company,under the sea)oftheCompany or otherwise,such Written Commitments ofthe Company
as may be specified In such written appointment.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
ccmmltments.
(d) Each of the Chairman,the President and the Wu Presidents of the Company is hereby authorized,for end on behalf of the Company,to delegate In writing to any olherof icer of the
Company the authority to execute,rorand on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified In such written
delegation,which specifiution may be by general type or class of Written Commitments or byspecification ofone ormom particular Written Commitments.
(S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by
facsimile on such Written Commitment or written appolnument ordelegation.
FURTHER RHSOLVED,that the foregoing Resolution shall not be deemed Lobe an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf ofthe
Company,and such Resolution shall not I emit or otherwise affect the exercise of any such power or authortryotherwise wad idly granted or vested'
I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE
COMPANYand ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that
(I) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true,cornet and In fill force and effect,
(U) the foregoing Powerof Attorney Is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Statton,NJ,this February 22, 2023.
*W-Cl RN,n M,Chk rivi,.i.:sislarn ticrtyaty
IN THS EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY USOF ANYOTHER MATTER,PLEASE CONTACT US AT:
Tel hone 906 903.3193 Fax 908 903-365b rrnall:sure (Dchubhcom
Combined:FEC-VIG-PI-WFIC•AAIC(rev.11.19)
This Power of Attorney limlts the acts of those named herein,and they have no authority to
bind the Company except In the manner and to the extent herein stated.
Liber Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No:8207604�985316
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:Thal The Ohio Casualty Insurance Company Is a corporation duty orgarhized under the laws of the Slate of New Hampshire,that
Lbeny Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duty organized
under the laws of the Slate of Indiana(herein collectively called the'Compan as'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Edward
Reilly-,Jaolyn"fhomas;Kevin T.Walsh,Jr.;Krystal L.Stravato;Merisol Nloiica;Michael Marino;Thomas MaoDonafd
all of the city of Whi an stale of NJ each individually if there be more than one named,its true aril lawful allorney-inrfacl to make,
execute,seal,a ror an on its
nowledge A '.Ive, behalf as surely and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in(heir own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of April 2622
Liberty lvi ulual Insurance Company
P� 1NSURq �t'r INSU 1NSU,q,4 The Ohio Casualty Insurance Company
y,3�on4O ,��y� �o �oa00s,r^ayc� West American Insurance Company
1912 0 1 1919 � 0 1991 0QE
dJ1~J��C NUb�db �
if UPS��
ail * y� �N1 ,n h� 3A} . b� By: M
ca David M.Carey,Assistant Secretary C
m Stale of PENNSYLVANIA ss
` a County of MONTGOMERY o �
w 3 On this 6th day of A rilrrl�, 2022 before me personally appeared David M.Carey,who acknowledged himself lobe the Assistant Secretary of Liberty Mutual Insurance du
Fu Company,The Ohio Casually Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >
m
—-01 1N WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Kng of Prussia,Pennsylvania,on the day and year first above written
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N�, �.c2�'15vLVPa��4 MtmMr.PtmsNv►MaAswt.tfatotNotsrt.t Teresa Paslelle.Notary Pudic Q o
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-a; This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casutalty Insurance Company, Liberty Mutual �
0.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: i1 m
of ARTICLE IV-OFFICERS:Section 12 Power of A lomey. od
o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the Presiidient, and subject to such limilaiicn as the Chairman or the;6,�-
D President may prescribe,shall appoint such altorneys-in fad,as may be necessary to ad In behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m
7 any and all undertakings,bonds,recognizances and other surely obligations.Such attorneys-in-fad,subject to Ihe-limitations set forth In their respective powers of attorney,shall� }
o t have fulf power to bind the Corporation by their signature and execution of any such instruments and(o attach thereto the seal of the Corporation.When so executed,such
Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representalive or attorney-In-fad under the ori
provisions of this article may be revoked at any lime by the Board,the Chairman,the President or by the officer or officers granting such power of authority.
ARTICLE XIII–Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman of the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-fn-fact,as may be necessary to act in behalf of the Company to make,execute,seal,ad mowledge and deliver as surely any and all underiakhngs,
bonds,recognizances and other surely obligations.Such attorneys-infact soed to the limitations set forth in their respective pourers of affoirrey,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of(he Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appcial such alkrmeys-In.
fad as may be necessary to ad on behalf of(he Company to make,execute,seal,acknowledge and deliver as surely any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Comparty's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same face and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Otto Casually Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of allorney of which the foregoing is a full,true and correct copy of the Paver of Allomey executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereuntosel my hand and affixed the seals of said Companies this 22nd day of February 2023
11 INSu 14Sub
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Ys1912 0 4s1919 o a 1991
��,cHv adL =C� �s �or►N� ds� By, encs Llewellyn,ASSiSlanlSecrelary
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