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Don Hubbard Contracting Co; 2008-02-28; 1005
t. -. ' ----~- --· :- CONTRACT PUBLIC WORKS TAMARACK AVENUE SINKHOLE REPAIR CONTRACT NO.1005 This agreement is made this g<?i-th day of --l'-&~u.&.w.1':¥.1,,-,--;;----,-..,.,,,--:--..--: 20~. by and between the City of Carls ad, California, a municipa corpora · n, (hereinafter called "City"), and.Don Hubbard Contracting Co., whose principal pla~ of busines Is 1015-A Linda Vista Drive, San Marcos, CA 92069 (hereinafter, called "Contractor"), City and Contractor agree as follows: . 1. Description of Work. Contractor shall perform all work necessary to repair water and sewer lines, drainage structures, the cribwall, and surface improvements damaged by the creation of a sinkhole in the 2400 block of Tamarack Avenue, all in accordance with the Contract Documents and the direction of the City. 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. The Contractor shall provide a Labor and Materials Bond as specified in Exhibit "A", PROJECT REQUIREMENTS. . . 3. Contract Documents. The Contract Documents consist of this Contract and all Exhibits, the Special Provisions, and Labor and Materials bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the Intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of, work under this Contract, City shall make payment to the Contractor per Section 3-3 TIME AND MATERIAL WORK and Section 9-3 PAYMENT as specified in the attached Special Provisions, The Engineer will close the estimate ofwork completed for progress payments on the last working day of each month. The total fee to the contractor shall not exceed $625,000 without an approved amendment to this contract. The contractor will be compensated on a time and material basis in accordance with labor and equipment rates shown in Exhibit B. In the event that equipment being utilized is not included in the rate sheet, rates will be negotiated using the procedures specified in Section 3-3 of the attached Special Provisions. 5. Independent Investigation. Contractor has· made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aw.;ire of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the ,,,-conditions are as thus indicated. Contractor is satisfied with all job conditions, Including underground "'-· conditions and has not relied on information furnished by City. r~~\ ft r Q Revised 11/01/06 Contract No. 1005 Page 1 of 8 Pages ., .... ,.,.,. .. _, ____________________________ _ 6. Hazardous Waste or Other Unusual Conditions. If the contract Involves digging -trenches or other excavations that extend deeper than four feet below the surface Contractor shall '"··· promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes niay be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B.-Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do Involve hazardous ,waste, and cause a decrease or increase ·In contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or -by law which pertain to the resolution of disputes and protests between the contracting parties. -"'-.,_ .. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, Including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants -that are included In this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates Is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the Job site. 9; Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and Indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, Injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance pf the Contract or work;. or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses· including attorneys' fees for litigation, arbitration, or other dispute resolution method. .">: ~, Revised 11/01/06 Contract No, 1005 Page 2 of a Pages '--{, ....... --- - l Contractor shall also defend and Indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising In whole. or In part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, Including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 1 O. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Polley# 70. · (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits Indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily Injury and property damage. If the policy has an aggregate limit, a separate aggregate In· the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Llablllty Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used In the performance of the contract, used onslte or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. , (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as .respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the · contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be pri.mary insurance as respects the City, its officials, employees and volunteers. Any lnsuran\:5 or self-insurance maintained by the City, its officials, employees or volunteers shall be In excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's Insurance shall apply separately to· each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ,, .,,. Revised 11/01/06 Contract No. 1005 Page 3 of 8 Pages -(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mall, return receipt requested. (D) Deductibles And Self-Insured Retention (S,I.R,) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall Include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of Galifornia and/or under the standards specified by City Council Policy# 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required bythls clause. The certificates and endorsements -for each insurance policy are to be signed by a person authorized by that insurer to bind coverage ... , on Its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. .- (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions In the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. 'A copy of Article 1.5 is included In Section 3 of the General Provisions. The contractor shall Initially submit all claims over $375,000 to the City using the informal dispute resolution process described In Public Contract Code. subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. · (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim Is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false Information or in reckless disregard of the truth or falsity of the information. " ..,-Revised 11/01/06 Contract No. 1005 Page 4 of 8 Pages (, -....\ ' - -· - (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act. it is entitled to recover its litigation costs, including attorney's fees. (El Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. \ (F) Carlsbad Munlclpal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. · (H) Jurisdiction. Contractor ·agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above, ___ init 12. Maintenance of Records. Contractor shall maintain and make available at no City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chaple , Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to ,all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act {Chapter 2 {commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted In this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not Inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. ft Q Revised 11/01/06 Contract No. 1005 Page 5 of 8 Pages ""'--·---·----------------------------- / --...... - \• ... ,. 17. Additional Provisions .. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) s \.46,,N (ttlAAttf?r? ' SfcncmJ,-1 (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ~l~ DepO1 )..ttorney " •~ Revised 11/01/06 Contract No. 1005 Page 6 of 8 Pages .·-· CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of 5c.o. \J\p'(f On @-:aS-()1? before me, ,J'-J ffi:e:½~ '<\c,-\C,J~ QL,...\o\',c. Dale · ere lnse amdand TIiie ol lhe Officer personally appeared~~ \;-1":ao,cc,, J k Y -JCrOO \\L&<C Name s) or Signer(s) I' s : a n n s n n J:. t,fE~i s c s •1 ' ~ commllllOn ii 1733067 - I. Nolary ,ubuc • cantornld I Ian Diego Coun!y • I, a u o; 19'~~~1!•~1] •' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seel Above -----------OPTTONAL+-11--._"--------- Though the information below Is not required by /aw, It may prove ble to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Doc,}'f'~~~m\<rcl~O cX. ~e,_~ 'n£k-. \?.e~\ (' Document Date: te>o a~ ' aoo '6 Number of Pages: _...,l.,.Q~---- Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Slgner(s) Signer's Name: ___________ _ □ Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney In Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer ls Representing: ___ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ____________ _ □ Individual D Corporate Officer -TiHe(s): -------~ D Partner -D Limited □ General D Attorney In Fact □Trustee '· D Guardian or Conservator D Other: ________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF S!GNER Top of thumb here Q2007 Nat!onal Nolary AssodatJon• 9350 De SOio Ave., P.O.Bax 2402 •Chatsworth,CA 91313-2402•www.Nationa1No1ary.org 1lem 15907 Reomer.CanToll-Fme 1-800-a76-6827 ' ......... -------·-----------------------------------·, Bond #4366773 Premium: $4 725. 00 Premium is for contract LABOR AND MATERIALS BOND term and is subject to adjustment based on final contract price. WHEREAS, the City of Carlsbad, State to DON HUBBARD CONTRACTING CO. of California has administratively awarded (hereinafter designated as the "Principal"), a Contract for: TAMARACK AVENUE SINKHOLE REPAIR CONTRACT NO. 1005 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor ·done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, DON HUBBARD CONTRACTING CO. , as Principal, (hereinafter designated as the "Contractor"), and SureTec Insurance Company .,,---,--,----,--,---,-----,.--=-,----,-,-.,.--:-:::---as Surety, are held firmly bound unto the City of Carlsbad in the sum of Six Hundred Twenty Five Thousand Dollars ($625,000), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any ·other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to th~ work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ,, • .,, Revised 11/01/06 Contract No. 1005 Page 7 of B Pages --------· --·---••·•· --·----· ··--·----··--------····-. ··-·--·-------···-· ···-···----.. - In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this dayof ~~~ CONTRACTOR: ;;rii.. ,20.Dl. (title and organization of signatory) By: ~A·-<s4;nhere) J/t.w'l lfvM,1&') -I,. (print name here) Sec fW77&/L't'. (title and organization of signatory) Executed by SURETY this 27th day of February , 20J!.!!_. SURETY: SureTec lneurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego, CA 92103 (address of Surety) -4100 Penny E. Kelley, Attorney-in-Fact (printed name of Attorney-In-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy~y~ l"\ •,r Revised 11/01/06 Contract No. 1005 Page 8 of 8 Pages ---------.. ------....... •~-·--------------------------...... . --CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of ~.a, \J\~0 On f°e,b di ~before me, j\J. m ee>Ler Go\CJ'-1 ~l,,n\'-c, Date I Hera lnser1 Name and Tille ol the 0111cel"fC'i personally appeared \)QI'\ \\, ;:n\:,c..r6, .~,;{Is;,,,~ ~¼)Qr\ X \\.s,\nv:\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they" executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above -----------OPT/ONAL-+--+------------- Though the information below Is not required by Jaw, it may prove va le to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TitleorTypeo!Document: Lc\:nc a: maseJ\ill Sx,-sv\ CoMt.cl-#YY0 Document Date: f" e\? . Q g' 1 ~(){) ~ Number of Pages: -~Q~---- Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: ____________ _ □ Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Other: _______ _ Signer Is Representing: ___ _ AIGHTTHUMBPnlNT OF SIGNER Top of thumb here Signer's Name: _____________ _ □ Individual D Corporate Officer -Title(s): ________ _ □ Partner -□ Limited □ General □ Attorney In Fact □Trustee D Guardian or Conservator □ Other: ________ _ Signer Is Representing: ____ _ RIGHTTMUMl3PAINT OF SIGNER Top of thumb here Q2007 National Notary Association• 9350 De Solo Ave., P.O.Box 2402 •Chatsworth,CA 91313-2402• www.NationalNotary.org Item #5907 Reofder:C811Tot-Free 1-600-876--6827 .. ~----~-----·------·-·------ -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ Stale of California County of ___ _,s"'a.,_n...,P~i~e.,g~o _______ _ } FEB .2 7 2008 On---~----before me, Dale Johanna Smith. Nola Public Here lnson Nam& and 111111 ol ttie l!ti;er personally appeared Penny E. Kelley __________ _ ---------N11mef1! 01 8,gner!SJ Place Notary Seal Above who proved lo me on the basis of satisfactory evidence lo . be the perso~ whose name~ is/are subscribed lo the within insjrumenl and acknowle9ged to me that !)efshe~ executed the sajRe in)l(aj,er/~aulhorized capacityOt!"s), and that by..tlis/herl.lRefr signature~ on the instrument the person.let or the entity upon behalf of which the person-'8)' acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. I WITNESS my hand and official seal. -----------OPTIONAL--+-+--....,_ _____ _ Though the information below is not required by law, il may prove valuable o and could prevent fraudulent removal and reattachment of this ~ Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: __________________ Number of Pages: ________ _ Slgner(s) Other Than Named Above: ------------------------'--'- Capaclty(les) Claimed by Slgner(s) Signets Name: ____________ _ D lndMdual D Corporate Officer -Tttle(s): D Partner -D Limited D General □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Other: _______ _ Signer Is Representing: ___ _ nK>11r1, 11J1.\0Pl',1·1r or SlGM~l'l Top of tnumb here Slgne(s Name: _____________ _ □ lndlvldual □ Corporate Officer-Tltle(s): _______ _ □ Partner -□ Limited □ General □ Attorney In Fact □ lrustee □ Guardian or Conservator □ Other: ________ _ Signer ts Representing: ____ _ !l.!G!il 1 tllit.l8P11I: ll 01--s1cm::n Top of thumb here ( · POA#: 510007 SureTec Insurance Company LIMITEDPOWEROFA'ITORNEY .lnOJP A1l Men by the11e he//ellts, That SURETEC INSURANCE COMP.ANY (the "Coropan)"'), a corporation duly organized and existing under tho Jaws of the State of Texas, and having fts principal office •in Houston, Hams County, Texas, does by these presents make, constitute and appoint . James Baldassare, Jr., Penny E. Kelley, Lawrence F. McMahon, America San Martin, Audrey Rodriguez of San 0_1ego, CA Its lnJe,llild lawful Attomey(s)-in-fa_ ct, 'With full power. and aothority hmby conferred in its name, place and stead, to· ex~utc, ai:kilowledgc and deliver any and all bonds, recognizances, undertakings or .other ins1r11111ents or COl!tl'actS of suretyship to inlilu~"wai.rets t<> the coru!iooos !if contra<:ts 1111d. consents of surely, providing.the bond penalty does noi exceild Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby 11$ fully '111d to the same e"1ent as If such bonds were signed by the President, sealed with the corporate seal of the C~mpa11y and duly attested by its Secretaiy, hereby ratifying and confirming all ihat ihe said Attomey(s)-111-Fact may do in ihe premises. Sai<l appointment sball continue in force until 10/31/08 and is made under and by auihority of.the followjng resolutions i>fthe BOlltll ofDhfflorl o(the SuteTec iiuaurance Company: . Be it Re:o/v,IJ, !mil the Presiden~ any Vi.»-PresidcnI any k!sishint Vice-fresi&cnt. 8J!Y Sccr<ll!r)I Ill' MY Assistant Secretary ,halJ be and is 'herd,y·VCS)t<I. with:full power and 111l1hori!1 to appoint any one or more suitable persons as Attomey{s)-ht;F,ot to roprcscnt'a.nd ilcl for and on ·bchiilfofthe Company subject to the folloq provisions: .Arront~ln-l"act may bl! 'Si~-lllli flOIV"" a.nd ·tlillfl~rilY ll>r 111111 ht the -!!aDle or .. d of ·beh31f·of ih• Company,. to: oxccute, acknowledge and d~ffyer, !lllji l!Dd iill bonds, m:ognlzanccs, contracts, agn,cmcnis or iru!Clllnity a.nd othei' 1:0nditiolllll bl' obligalbcy Uildert!lcings ai1d any ai1d '1l notices and documenls canc:ollng ot termhtatin_g the Company's tiab)lity $co~; :aitd any SIIC~ msllUmcnts so· execuwd by a,,r such .Attomey,in-Fact sba!I bcl!in\tiilii tipoA lh• Comj181ly as if signed.I>), the Pros1dentandseaJcd andc:ffe<:tcd by the Cotponlle Secretm1- Be,u Resol.ved,. thalthe si~of any aolhoriz<d officer and seal of the Companybcretolote oihctcalld !lffixed to any powc, of ettomcy 9r any c:erllficata tdadng thereto by faosirn~ and any. poWet ~m¢>' ot ctrtiHcatc bcaringfacsbnllc signature or fa<slmile seal sllall be valid and.'binding Uflllll the Company witlnespect to any bond or undcr!aking lo which it Is attached .. (Adopt,il at a meeting held on 21/' of April ,199,9.) . In IJ'IIMu 'Wll~f, SURETI!C IflSUR:ANC&COMPANY has caused theso presents to bo signed ey iis Presiden~ and its corpomte seal to be hereto affixed Ibis 20th day of Jiine, AD. 200S. ·s131e of Texas ss: County of.Harns On thi• 20Ui day of June, A.O. 20()j befoto ·me ~nalJy·came B;J; King, u, me lqiown, Who, bchtg by m• duly swom, did depose and say, that be resldCli in )fouston, 1 .. .., that be ls Prcsl®'II ofSURETEC INSURANCE COMPANY, the coinpajjy described ht and which execoted the above Instrument; that be knows tho seal of said ,Comp.,ny; that the seal ,affixed to said lnstruincnt ls such corporate seal_; tbai It was so !lff,xed by order of the Board ofDii'ectors of said Company; and tbal he siip,ed his name tlu:noto by loo: order. 1½,u,v\tlli., ~ I Michelle Denny,Nolary.lie My oomnilssion.expiros Atigusl 7,7, :ZOOS I; M. Bmrt lieaty, Assistant Sccritary of.S.URETEC JNSURANC&COMMNY, do'bereby tertlfy lllat the above and furegohtg Is a'lnlo and ci>~copy of a Powtr of Attorney, executed by said Company, whlch is stf!Un fud .force :i,nd eifect; ~d·iilrthcnnprc, the resolutions oflho· Board of Directon, set out in t11'1Powet of Attorney ilrc lrt full force lllld effect. · Given under my:hand and the .seal .ofsald Company at Housion, Texas this ____ _ Anylnstnonem.lssUed I~•---of !lie penally olltod abov•l• totati, veld and without any valldliy. Forvorlftcatlon of Ille autt,orii., oflhls _,, YO!! in;,y Cll!I (713) 812-0800 any bualnnw day botWoon.8:00 am and S:OD pm CST. ,,,. .... EXHIBIT "A" PROJECT DESCRIPTION TAMARACK AVENUE SINK HOLE REPAIR PROJECT Description of Work Contractor shall perform all work necessary to restore the site of a sink hole located in the 2400 block of Tamarack Avenue to its original condition. The work anticipated is generally described as follows: o Remove and dispose of material_s damaged by the creation of the sink hole, including_A.C. pavement, curb & Gutter, and a portion of the existing cribwall. o Remove and replace chain link fence and guardrail. o Replace the damaged section of waterline. o Remove the sag in the existing sewer line caused by settlement. o Remove or abandon the existing storm drain pipe located within the sink hole. o Remove the existing curb inlets and slurry fill the storm drain located in Tamarack adjacent to the sink hole. o Construct curb & gutter in Tamarack to replace curb inlets and Install a Type D-25 curb outlet. o Remove sediment from the existing storm water channel. o . Provide geotechnical testing and soil parameters for backfill and wall design: · , All work shall be performed in accordance with the attached Special Provisions, ' the Carlsbad Engineering Standards, the San Diego Regional Standard Drawings and the Standard Specifications for Public Works Construction (SSPWC). Should conflicts exist between the Special Provisions and the SSPWC, the Special Provisions shall take precedence. Bond Requirements The Contractor shall provide a bond to secure payment of laborers and material suppliers, in an amount eq1;1al to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions · section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling. or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. . ....... ·--s-~----····~---··-·-··· -·••·· . FEBRUARY 14, 2008 TERRY SMITH CITY OF CARLSBAD 5950 EL CAMINO_ REAL CARLSBAD, CA 92008 EXIIlBIT "B" RE: TAMARACK AVE. SINKHOLE REPAffi-CARLSBAD TERRY, WE ARE PLEASED TO PROVIDE YOU A REVISED ESTIMATE ON THE ABOVE JOB: BOND- I LS. LABOR & MATERIALS BOND SINKHOLE AND WALL REPAffi- I LS. I LS. I LS. . 3720 SF, I LS. 2350 CY 1400 SF. 30 LF, 80 LF. 3720 SF. 83 LF. 110 LF. I LS. MOBILIZATION EROSION CONTROL TRAFFIC CONTROL REMOVE & DISPOSE OF ASPHALT REMOVE & DISPOSE OF CRIB WALL SECTIONS BACKFILL & COMPACT IMPORT FILL TYPE C CRIB WALL TYPE A ASPHALT DIKE PER G-5 6" CURB & GUTTER PER G-2 . PAVEMENT REPLACEMENT (4" AC/ 6" BASE) REMOVE & REPLACE METAL BEAM GUARD RAIL REMOVE & REPLACE CHAIN LINK FENCE GEOTECHNICAL TESTING/ REPORT $5,670.00 TOTAL S 462,305.00 STORM DRAIN IMPROVEMENTS - I LS. TRAFFIC CONTROL 110 LF. REMOVE 18" RCP FROM SLOPE REPAIR OR SLURRY FILL I EA. ABANDON 10' TYPE B-1 CURB INLET 64 LF. SLURRY FILL JB"RCPUNDER TAMARACK AVE. I EA. REMOVE21' TYPEB-1 CURB INLET 2 EA. REMOVE GUTTER DEPRESSION 12 LF. REMOVE 18" RCP EAST OF TAMARACK AVE. 12 LF. REMOVE CONCRETE BROW DITCH 24 LF. TYPE B BROW DITCH PER D-75 I EA. CURB OUTI,ET TYPE A PER D-25 74 LF. 6" CURB & GUTTER PER 0-2 TOT AL $ 50,475.00 WATER/ SEWER REPAIR - I LS. SEWER PIPE POINT REPAIR AS NECESSARY I LS. REMOVE & DISPOSE OF ASBESTOS PIPE SO LF. 6" C-900 CLIS0 WATER LINE 2 EA. 6" FLEXIBLE COUPLING CONNECITON TOTAL $27,485.00 CHANNEL CLEANING - I LS. SEDIMENT AND VEGETATION REMOVAL I LS. HAUL & DISPOSE OF SEDIMENT AND VEGETATION TOTAL $61,375.00 BIDTamarackSinkhole,doc NOTES: . I. PRICE EXCLUDES ALL CITY OF CARLSBAD PERMITS AND FEES, WATER METER AND WATER COSTS FOR CONSTRUCTION, SURVEYING, HYDROSEEDING, LANDSCAPING OR PLANTING, POST CONSTRUCTION •-· MAINTENANCE, DISPOSAL OF HAZARDOUS MATERIAL NOT LISTED ABOVE, IRRIGATION, MITIGATION FEES, REPAIR OR RESPONSIBILITY OF CRIBWALL BEYOND LIMITS OF WORK, WEEKEND OR OVERTIME RATES, PAVEMENT STRIPING OR SEAL COATINGS,-PRESSURE TEST AND DISINFECTION OF EXISTING WATERLINE SYSTEM, BACTERIA SAMPLING, WATERLINE HIGHLINING OR BUILDING CONNECTIONS, SEWER BYPASS, TV INSPECTION, CLEANING EXISTING STORM DRAIN PIPES, ·-- WORKING PARTNERS ON THIS PROJECT INCLUDE NINYO & MOORE (GEOTECHNICAL), RETAINING WALLS CO. (ORlGINAL BUILDERS OF CRIB WALL), AND ATLAS FENCE (METAL BEAM GUARD RAIL). . THIS IS AN ESTIMATE ONLY BASED ON SITE VISIT AND DESCRIPTION OF SCOPE. WORK TO BE PERFORMED ON A TIME & MATERIAL BASIS. WE CAN SCHEDULE TO BEGIN THIS WORK IMMEDIATELY. WE LOOK FORWARD TO WORKING WITH YOU ON THIS PROJECT. IF YOU HA VE ANY QUESTIONS REGARDING THIS BID, PLEASE DON'T.HESITATE TO CALL ME. THANK YOU, JASON HUBBARD, P.E. SENIOR ENGINEER BIDTamarackSinkhole.doc ~ ..... - Current Rate Sheet February 2008 ENGINEER FOREMAN PIPEFIITER PIPELA YER/LABORER OPERATOR TEAMSTER WELDER PICKUP & TOOLS BOX TRUCK WELDING TRUCK CAT 345/235 EXCAVATOR CAT 320/325 EXCAVATOR CAT 303/308 EXCAVATOR CAT235EXCAVATOR/BREAKER EXCAVATOR COMPACTION WHEEL CAT 950/966 LOADER CAT 920/930 LOADER CAT 287/257 TRACK LOADER CASE 5901 BACKHOE CASE 5901 BREAKER BACKHOE ASPHALT ROLLER TRACTOR & LOWBED 5-AX TRACTOR & LOWBED 7-AX 3 AX DUMP TRUCK DUMP TRUCK & PUP WATER TRUCK ASPHALT/CONCRETE SAW WACKER COMPACTOR AIR COMPRESSOR & TOOLS GAS CUT-OFF SAW 90.00 75.00 65.00 55.00 75.00 60.00 85.00 6.00 11.00 30.00 185.00 170.00 ISO.OD 330.00 20.00 130.00 110.00 140.00 95.00 135.00 95.00 105.00 120.00 90.00 95.00 90.00 65.00 25.00 25.00 25.00 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PERHOUR PERHOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PERHOUR PER HOUR PER HOUR PER HOUR PERHOUR. PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR Notes: These rates are hourly & will be billed plus 15% mark up. All equipment is operated and maintained where applicable. Traffic control, shoring and any other items that may be needed will be billed at our standard rates. Any material will be billed at cost plus 15%. Any subcontractors will be billed at cost plus I 0%. ' .- SPECIAL PROVISIONS SECTION 3 -CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new .or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Time and Material Work in accordance with Section 3-3. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating ifs elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Time and Material per Section 3-3. 3-3 TIME AND MATERIAL WORK. 3-3.1 General. New or unforeseen work will be classified as "time and material work" when the Engineer determines that it-is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 1 J 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment . used on the extra work shall be included. If equipment is used intermittenily and, when not in. use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. 2 All equipment shall, be acceptable to the Engineer, in good working condition, and __. suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. - The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. ' · (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. . Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the r_eport. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 15 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and.Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 1 o percent on the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Dally Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. lncluc;led are applicable delivery tickets, listing all labor, mat~rials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be · entered by each party to explain points which cannot be .. -.. resolved immediately. Each party shall retain a sigoed copy of the report. Reports by -Subcontractors or others shall be submitted through the Contractor. 3 The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, .including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. SECTION 9 -MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals; Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. · Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. · Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken· and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or ,,,,... becoming due from the Agency. Agency action or inaction under such circumstances ._. shal! not be construed as relieving the Contractor or its Surety from liability. 4 Payment shall not relieve the Contractor from its obligations under the Contract; nor --shall such payment be construed to be acceptance of any of the Work. P.ayment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded .in any way prior to acceptance of the Work, except as provided in Section 6-10 of the SSPWC. ,, Guarantee periods shall not be affected by any payment but shall. commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the SSPWC. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable. after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was riot proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. · 5 , .. ,,,.,·:,, .. •«'• ,,. As provided in Section 22300 of the California Public Contract Code, the Contractor ...,.. may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. .... ,,.. '""'••-' - After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor-as determined by the Engineer and shall be itemized by the contract bid item and change order Item with quantities and payment amounts and · shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the F.inal Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation withifl the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. . If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of th.e Contractor's claims. It will be the responsibility of ttie Contractor toJurnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9.3.2;1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section, 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment Items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any ·provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. 6 The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to -ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. - Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9:3_3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work . . 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 7 ' . '~ -. ~···-··--~---.----------·--~-.. --- AGORfl CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 02/22/2008 PROOUCER (619) 584-6400 FAX (619)584-6425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Westland Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE >Al8 Camino Del Rio North #315 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND bR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. · ,). Box 85481 J Diego, CA 92186-5481 INSURERS AFFORDING COVERAGE NAIC# INSURED Don HuDDard Contracting Co. INSURER A TRAVELERS PROP & CASUALTY OF AME ICA 1015-A Linda Vista Drive INSURERS: TRAVELERS CASUALTY·& SURETY CO. SAN MARCOS CA 92078-2613 INSURERC: INSURERD: INSURERE: C 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. AG.GREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY DTEC01497C412TIL08 01/01/2008 01/01/2009 EACH OCCURRENCE $ 1,000,001 -X COMMERCIAL GENERAL LIABILITY DNMGEJO RENTED $ 300.001 I ClAIMS MADE [I] OCCUR MED EXP (Any one p&l"60n) $ exclude, A PERSONAL & ADV INJURY s 1.000.001 -_!_ DEDUCTIBLE $5,000 GENERAL AGGREGATE $ 2,000.001 GEN'LAGGREGATE L!MrT APPLIES PER: PRODUCTS· COMP{OP AGG s 2.000.001 7 POLICY 00 ~~8i n LOC AUTOMOBILE LIABILITY D-E-810-4042B396-TIL-08 01/01/2008 01/01/2009 COMBINED SINGLE LIMIT X ANYAUTO (Ee accident) • 1.000.001 -ALL OWNED AUTOS BODILY INJURY -(Per person) $ SCHEDULED AUTOS A x HIRED AUTOS BODILY INJURY x • NON-OWNED AUTOS (Per accident) 1--' 1--PROPERTY DAMAGE s " (Per accident) -GARABE UASIUTY AUTO ONLY-EA ACCIDENT s RANYAUTO OTHER THAN EAACC • AUTO ONLY: AGG $ EXCESSIUMBREUA LIABILITY EACH OCCURRENCE s QoccuR □ CLAIMS MADE AGGREGATE $ $ R DEOUCTIBL£ • RETENTION s I WORKERS COMPENSATION AND DTEUB1497C41208 01/01/2008 01/01/2009 X I .Y.!~§rn I!t. I IOJ.tl· EMPLOYERS' LIABJUTV E.L EACH ACCIDENT $ 1.000.001 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE -EA EMPLOYEE s 1-000-000 ~re~~~v'is~~s below E.l. DISEASE-POLICY LIMIT $ 1.000,001 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPEClAL PROVISIONS ~E: TAMARACK AVENUE SINK HOLE REPAIR PROJECT ~ RESPECTS GENERAL LIABILITY THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WIT1I PRIMARY WORDING ER FORM CGD247 WHEN REQUIRED BY WRmEN CONTRACT. •10 DAY NOTICE IN THE EVENT OF CANCELLATION FOR NONPAYMENT -.,_, ---. ·~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN.CELLED BEFORE THE ( CITY OF CARLSBAD EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,,_,..,,. ATTN: KEVIN DAVIS *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ,, ,\·-· PUBLIC WORKS DEPARTMENT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGA TION DR LIABILITY 1635 FARADAY AVENUE OF ANY KiND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ! CARLSBAD, CA 9200~ AUTHORIZED REPRESENTATIVE ·~~ "i Robert Ke-a/JOYR ACORD 26 (2001/08) ©ACORD CORPORATION 1988 - '-·-- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTEC01497C412TIL08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE~D IT CAREFULi. Y, ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies Insurance provld&d under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON($) OR ORGANIZATION(S): THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND· VOLUNTEERS ' PROJECT/t.OCA'(ION OF COVERED OPERATIONS: TAMARACK AVENUE SINK HOLE REP AIR.PROJECT 1, WHO IS AN INSURED -(Secllon II) Is amended to IIIClwl& th& pelllon ar organmitlon shaNn In 1h11 Schedule above, but ■) Only with respect to liability for 'bodily lnJu!Y", •pmperty damage' or "per.ional lnjuiy"; end b) If, and only ID the extant that. the Injury or damage Is caused by acts ar omissions of you or your subcontractor In the performance of 'your WOl1<" on or for the projaet, or al the locatlon, shown in th& Schedule. The persbn or organlzallon does not quaHfy as an addi- tional Insured with respect to the Independent ac1s or emissions of wch pB!SOn or organlza. tlon. 2. Th&. Insurance prowled to the addltlanal Insured by this endorsement Is limited as foDows: , a) In the event that the Limlts of Insurance of this Coverage Pert shown In the Declarations exceed the limlts of llablllty 111qulred by a "written contract requiring Insurance" for that additional insuNld, the lnsura""" provided lo the additional insured shall be llmiled to th& limits of llabillty required by that ''written con- tract requiring Insurance'. This endorsement , shall not lnaease the Omlls of Insurance de- scribed In Section Ill -Llmlls Of Insurance. b) Th& insurance provided ta the additional In- sured does not apply ta "bodily Injury", "p!op- erty damage' or "peraanal Injury' arising out of the rendering al, or faDure to render, any professional a!Chileclu111~ engineering or'sur• veylng services, Including: I. The preparing, ap11rovi119, or falling to· prepare or approVD, maps, shop draw, lngs. opinions, 11!P011s, surveys, field or- ders or change orders, or the preparing, approving, or falling to prepare or ap- prove, drawings and speciflcaUons; and I!. Supervisory, inspecl!on, architoclural or &nglneering aclivlties. c) The Insurance provldad to the additional In- sured does not apply to 'bodily injury' or "property damage• caused by ''your work' and lnc!ud•d In the "producta-<:0mploted op- erations hazard" unless a 'wri!ten contract requ~lng ln~rance" specifically requlras you to provide such coverage for that additional Insured, and then the Insurance provided to th& additional Insured appffes only to such "bodily Injury" ar "property damage" that'OG- curs before the end of the period of Ume for which the "written contract requiring Insur- ance" requires you to provide such coverage CG D247 D805 @ 2005 The st Paul Travelers Companies. Inc. Paga 1 of2 -,.,.,, COMMERCIAL GENERAL LIABIUlY or the end of the policy period, whichever Is ear1lar. · 3. The Insurance p10vlded to the additional Insured by this endorsement Is eXl:eSS over any valid end callecbble "other Insurance', whether primary, excess, contingent or on any other basis, that Is aVZlllabl& to 'the z,ddttional insured for a loss we cover under this endorsement However, If a "written contract requiring lnsuraiu:e" for that ad- ditional Insured specl!lmlly retiulres that !his In- surance apply on a prlmmy basis or a primary and nan-contributory basis, this insurance Is pri- mary ta "other insurance• available ta Iha· add I• tionol Insured which aovers that person or OlJl•nl-- ;zatlon as a named Insured for such lass, and we wiY not share wfth that "other Insurance•. But the Insurance pravlded to the addltlanal Insured by this endorsement stlE I• excess aver any valid . and collecllble "other Insurance", whether pri- fflliry, excess, conllngent or on any other besls, that Is avallabla ID the additional Insured when that person or organization Is an additional in- sured under such "other Insurance'. 4. As a conallion of aovera!lB provided to the addlllonal Insured by !his endorsement . . a) The addttlonal Insured must give us wrl!tan , . S, notice as soon as pracllcable af an •occur- rence• or an offense which may result in a claim. To the extent possible, such notice should Include: I. How, Wilen and where the "ocCUnence• or offense look place; . II. The names and addresses of any Injured persons and witnesses; and Iii. The nature and location of any Injury or damage arising out of Iha •occurrence" or offense. · bl lf,a claim is made or "suit" Is b10ught against Iha additional Insured, the additional Insured must: . I. lmmedlalaly record the· specifics of the claim or "suit" ernl the date received: and II. Notify us so soon as practicable. The additional Insured must see lo ii that we receive wrttten notice of Iha claim or 'suit" as soon as practicable. c) The additional insured must .&nmedlalely send us copies of all legal papen; received In connection with the claim or "suit", cooperate . with us In the Investigation or seWement of the claim or defense against the "suit", and otherwise comply with all pc,Dcy conditions. d) The addlUonal ]rn,un,d mu•I tenu&r th1t do- fense and Indemnity of any claim or 'suit" to any provider of "other insurance" which would cover the additional Insured for a loss we cover under this endon;ement However, thil condition does not affact whother !he nsu,.. ance pJOVlded to tiu, additional Insured by this endorsament Is primary to "other lnwr- anca" available ID the additional Insured which covers that person ar organi;ration as a named Insured as described In· paragraph 3, above •. The following definition ls added ID SECTIOl'I V . -DEFINmONS: "Wrlllen con11aot ·requiring Insurance" means that par1 of.any written contract or agreement under which you are required ID Include a pe,son or arganlmtlon "" an additional In- sured an this Coverage Part, provided that the "bodily lnJ~• and "property damage" ao-· curs and the •personal lnlulY" Is caused bY an offense committed: a. After !he signing and execution af Iha contract or agreement by you; · b. While that part of the conbacl or agreement Is In. affecl; and · c. Before the end of the policy period, 11:l 2005 The SL Paul Travelera Companies, Inc. CG D24709 05