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HomeMy WebLinkAboutDon Hubbard Contracting Company; 2001-03-06;/” PUBLIC WORKS CONTRACT g WATER LINE REPAIRS .--; -.- -=-=A .~‘i i \_ ,“. ,.-.. _-“.i-_ ~ .T .- z .^-.“~m*“u.s This agreement is made this 6th day of March I 2001 , by and be- tween the Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 191 I, and a subsidiary district of the City of Carlsbad, (hereinafter called “District”), and Don Hubbard Contracting Co., whose principal place of business is 1015-A Linda Vista Drive, San Mar- cos, CA 92069, (hereinafter called “Contractor”). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in Exhibit A to repair dam- age to the 10” steel water line, located in the alleyway North of Tyler Street between Carlsbad Vil- lage Drive and Oak Avenue, Carlsbad, California 92008, caused by a water leak on January 22, 2001 (hereinafter called “project”). 2. Commencement of Work. The work under this Contract shall begin within five (5) days af- ter notification to proceed by the District and be completed within forty-five (45) days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Director of Public Works. 3. Duration of Contract. This contract shall extend for a period of sixty (60) days from the date thereof. The contract may be extended by the Executive Manager for up to an additional ninety (90) days, based upon a review of satisfactory performance and the District’s needs. The parties shall prepare extensions in writing indicating the effective date and length of the extended contract. 4. Contract Price and Payment. The total price for Contractor’s work under this Contract shall not exceed $75000.00, which includes all labor, materials, tools, equipment, and personnel necessary to perform the work specified in Exhibit A. No other compensation will be paid for Con- tractor’s services, except those items covered by supplemental agreements per Paragraph 5, “Changes in Work.” Contractor will be paid within 30 days after the work on the project has been completed, the completed work has been accepted by the District, and the District receives an in- voice from Contractor requesting payment. 5. Changes in Work. Should the District request any modification, alteration or deviation in, additions to, or omissions from this Contract or the plans and specifications, the amount thereof shall be added to or deducted from the amount of the contract by a fair and reasonable valuation based on the actual costs of labor and materials plus the following percentage markups for over- head and profits: Labor - 20%, Materials - 15%, Equipment Rental - 15%, and Other Items and Expenditures - 15%. 6. 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 em- ployment of all agents, employees, subcontractors, and consultants that are included in this Con- tract. 7. Compliance with Applicable Anti-Discrimination and Anti-Harassment Laws. Con- tractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 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 District and the City of Carlsbad, and their officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or in- directly arising from or in connection with the performance of the Contract or work; or from any fail- ure 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 cov- ered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. The expenses of defense include all costs and expenses including attor- neys’ fees for litigation, arbitration, or other dispute resolution method. IO. Bonds. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide a bond to secure pay- ment of laborers and materials suppliers in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. Both bonds shall extend in full force and effect and be retained by the District during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect during a one- year warranty period and until all warranty repairs are completed to the satisfaction of the District. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. 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 contain the following documents: (1) an original or certified copy of the unrevoked appointment, power of attorney, by-laws, or other instru- ment entitling or authorizing the person who executed the bond to do so; and (2) a certified copy of the certificate of authority of the insurer issued by the insurance commissioner. 11. 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. (A) Coverages And Limits: Contractor shall maintain the types of coverages and minimum limits indicated herein, except as waived in writing by the Executive Manager and General Counsel: a. Comprehensive General Liability Insurance: $1 ,OOO,OOO combined single limit per occur- rence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggre- gate in the amounts specified shall be established for the risks for which the District or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1 ,OOO,OOO combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits zs required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO per incident. Workers’ compensation offered by the State Compensation Insurance Fund is accept- able to the District. (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 In- surance contain, or are endorsed to contain, the following provisions, except as waived in writing by the Executive manager and General Counsel: a. The District and the City of Carlsbad, their officials, employees and volunteers are to be cov- ered 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; and premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured en- dorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Contractor’s insurance coverage shall be primary insurance as respects the District, its of- ficials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not con- tribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, 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 liabil- ity. (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 cover- age or limits except after thirty (30) days’ prior written notice has been given to the District by certi- fied mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured re- tention levels must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, 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 District 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 subcon- tractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Except as waived in writing by the Executive Manager and Gen- eral Counsel, insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and en- dorsements 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 District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The cost of all insurance required under this agreement shall be included in the Contractor’s bid. 12. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac- cordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. 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 sec- tion 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 Dis- trict must be asserted as part of the contract process as set forth in this agreement and not in an- ticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the District to disqualify the Contractor or subcontractor from par- ticipating 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 County, California. I have read and understand all provisions of Section 12 above. (Initial) 13. Maintenance of Records. Contractor shall maintain and make available at no cos ib t the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Ar- ticle 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 District by certified letter ac- companying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 15. Ineligible Subcontractors. Contractor is prohibit from performing work under this Contract with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code section 1777.1 or 1777.7 16. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation es- tablished by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. 17. 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 in- cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor- rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. (Remainder of page infentionally left blank.) 18. Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for reso- lution of any disputes between the parties arising out of this agreement is San Diego County, Cali- fornia. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL CONTRACTOR SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Wa- ter Act of 191 ‘I, and a subsidiary district of the (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 sec- retary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD % BALL General C ’ nsel State of California County of personally known to me - OR- 0 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. WITNESS my hand and official seal. OPTIONAL INFO The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT c] INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT 0 OTHER: OTHER RIGHT THUMBPRINT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYUES) OF SIGNER WA 12198 VALLEY-SIERRA, 800-362-3369 Y 1 . I . BOND #183 79 40 LABOR AND MATERIALS BOND WATER LINE REPAIR WHEREAS, the Board of Directors of the Carlsbad Municipal Water Dlstrid has awarded to Don Hubbard Contracting Co. (hereinafter designated as the “Principal”), a Contract to repair dam- age to the 10” steel water line, located in the alleyway North of Tyler Street between Carmd W- lage Drive and Oak Avenue, Carl&ad, Callfornia 92008, caused by a Water leak On January 22, 2001. WHEREAS, Principal has executed or is about to execute sald Contract and the terms thereof re- quire 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 CYNTRACTING CO., INC. 9 as Principal, (he&inafter designated as the “Contracto?), and INSURANCE COMPANY OF THE WEST as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of SEmN~y FIVE THOUS- - NO/loo------------------------------------- Dollam ($ 75,000.00--------- ), said sum being an amount equal to: One hundred percent (100%) of the total estimated amount payable under said contract by the Carlsbad Municipal Water District under the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000) or, Fifty percent (50%) of the total estimated amount payable under said contract by the Carlsbad Mu- nicipal Water District under the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($lO,OOO,OOO) or, Twenty-five percent (25%) of the total estimated amount payable under said contract by the Carl+ bad Municipal Water District under the terms of the contract if the contract exceeds ten mii!lon dol- lars ($lO,OOO,OOO) and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or asstgns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person 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, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the Same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed by the Court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Dlvlslon 3 of the Civil Code (commencing with section 3082). Ir . , I 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 thereunder or the specifications accompanying the same shall akect its obligations on this bond, and it does hereby waive notice of any change, eXten- sion of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contwbr shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of I 20-. CONTRACTOR: DON HUBBARD CONTRACTING CO., INC. (naqq of Contractqr) bJ IcwBilX .!K (print name her@ zation of signatory) By: -kcg$JA AA (sigiihere) 1, , JQ&&g&%rn (print name heb \)a ?&&ma /&wxh (title and organiz&ion of signat@) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) I Executed by SURETY this 5TH day of FEBRUARY ,20% SUREN: INSURANCE COMPANY OF THE WEST (name of Surety) 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 (address of Surety) (8581 350-2400 {telephone number of Surety) (,/‘j (signature of Atto%@y-in-Fact) (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 sec- retary under cmporsrte seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT NO. 5907 State of California County of San Diego On FEBRUARY 5, 2001 before me, America San Martin. Notary Public I DATE NAME. llTi.E OF OFFICER. E.G.. ‘.lANE WE. NOTARY PUBUC personally appeared Leticia San Martin , NAME(S) OF SIGNER(S) q personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(%) whose name(X) is/&a% subscribed to the within instrument and ac- knowledged to me that-she- executed the same in his/her/their authorized capacity&@, and that by XkdWher3t!M0P signature@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. C - CALIFORNIA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ‘ti INDIVIDUAL 0 CORPORATE OFFICER Tn-mS) TITLE OR TYPE OF DOCUMENT q PARTNER(S) 0 UMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES c] TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: N&II? OF PERSON(S) OR ENlllY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave.. P.O. Box 7184 l Chop Park. CA 91309-7184 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: LETICIA SAN MARTIN its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: “RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.” IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 13th day of January 1999 INSURANCE COMPANY OF THE WEST STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal’s acknowledgment of the signature on the power of attorney, pursuant to California Probate Code +I121 and 4122. u CERTIFICATE: I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this ATH day of FEBRUARY 2001, 4 ICW 37 . ALL-PURPOSE ACKNOWLEDGMENT State of California County of SiYJ.~ personally appeared before me, ,\\1 m &TA ) 1 ~&Y-xii ,\\r x %xv+i?f v +kkkf~Ad ’ - SIGEER(S) - - - - m personally known to me - OR- q 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. WITNESS my hand and official seal. A&d NOTARY’S SIGNATURE OPTIONAL INFORl@ATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMBDBYSICNER(PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) q PARTNER(S) 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT 0 OTHER: OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) RIGHT THUMBPRINT ; OF x E SIGNER d I- B 4PA 12/98 VALLEY-StERRA,800-362-3369 FAITHFUL PERFORMANCEMlARRANTY BOND BOND #183 79 40 WATER LINE REPAIR WHEREAS, the Board of Directors of the Cadsbad Municipal Water District has awarded to Don Hubbard Contracting Co., (hereinafter designated as the “Principal”), a Contract to repair dam- age to the 10” steel water line, located in the alleyway North of Tyler Street between Carlsbad ‘Vil- lage Orive and Oak Avenue, Carlsbad, California 92008, caused by a water leak on January 22, 2001, WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re- quire the furnishing of a bond for the faithful performance and warranty of said Contract. NOW, THEREFORE, WE, Don Hubbard Contracting Co., as Principal, (hereinafter designated as the “Contractot”), and w 0~ THE ~ST as Surety, are held and firmly bound unto the CarlsbaU-Mu- nicipal Water District, in the sum of 'SEVENTY FIVE THOUSAND* Dollars ($ 75,ooo.oo -me-- 1, said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to District or Its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs. executors and administrators, successors or assigns, jointly and severally, firmly by these presents. *AND NO/100 ----------------------------------------------------------------- THE CONDITION OF THIS OBLIGATION IS SUCH that !f the above bounden Contractor, their heirs, executors, admirlistrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and In the manner therein specified, and in all respects according to their true intent and meaning, and shall Indemnify and save harmless the Carlsbad Municipal Water District, its offloers, employees and agents, as therein stipulated. then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore there shall be included costs end reasonable expenses and fees, including reasonable attorney’; fees, incufied by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of th@ Contra& or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change exten sion of time, alt@Zitions or addition to the terms of the contract or to the work or to the specif&tions: 1 In the event that Contractor is an individual, it is agreed that the death Of any SW% Contra&X shall not exonerate the Surety from its obtigatlons under this band. Executed by CONTRACTOR this Execuled by SURETV this 5TH day of day of I XL-2 FEBRUARY .20&L. CONTRACTOR: SURETY: 11455 EL CAMINO REAL b-l H~BWrn s (print name here) (858) 350-2400 (telephone nuniber ofSuiety); - -I+& 9~ * (Title and Organization of Signatory) LETICIA SAN MARTIN (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 ass&ant secretary must sign for corporations. If only ’ one officer signs, the corporation must attach a resolution certified by the secretary or as&&ant sec- retary under corpor’ate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907 State of California County of San Diego On FEBRUARY 5, 2001 before me, America San Martin. Notary Public OATE f NAME. TITLE OF OFFICER - E.G.. -JANE WE. NOTARY PUBLIC personally appeared Leticia San Martin I NAME(S) OF SIGNER(S) •I personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(X) whose name(g) is- subscribed to the within instrument and ac- knowledged to me that&rWshei%&q executed the same in his/her/their authorized capacity@@, and that by -her- signature(a) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUlVlENT a INDIVIDUAL 0 COFiPORAfE OFFICER TITLE OR TYPE OF DOCUMENT q PARTNER(S) c] LIMITED q GENERAL c] ATTORNEY-IN-FACT q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASONJS) OR ENlllY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canop Park. CA 91309-7184 . . . Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: LETICIA SAN MARTIN its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998. which said Resolution has not been amended or rescinded and of which the following is a true copy: “RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorised to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affrxed by facsimile.” IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 13th day of January 1999 . et COUWor 0 SF ,*oo~Qw~o “* 0 I P -4 %” , , $0’ %FORI(* STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO INSURANCE COMPANY OF THE WEST John L. Hannum, Executive Vice President IN WtTNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal’s acknowledgment of the signature on the power of attorney, pursuant to California Probate Code §4121 and 4122. I CERTIFICATE: I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this BTB day of FEBRUARY 2001 -.A ICW 37 c3 ,ouw,, e 9 J 3 ,#wJr*r,, c 0 E .i %?” 1. rQ+ %lFOun~~ . ALL-PURPOSE ACKNOWLEDGMENT State of California . County 0f SDn beaG3 f ss. u On F?)n 1.200\ &ATE) personally appeared before me, a\1 me r SIGNER(S) F personally known to me - OR- Cl 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. WITNESS my hand and official seal. NOTARY’S SlGNATURE OPTIONAL INFOhdIATIOiU The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITYCMIMBDBYSIGNER(PRlNCJPAL) DESCRIPTIONOFATTACHEDDOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT 0 OTHER: OTHER RIGHT THUMBPRINT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1E.S) OF SIGNER APA 12/98 VALLEY-SIERRA, 800-362-3369 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE SECTION 7106 WATER LINE REPAIR CONTRACT State of California 1 ) ss. County of San Diego ) Q @A \-t&\o&cd a- (Name of Bidder) ’ , being first duly sworn, deposes and says that he or she is pii (Titlej of Don Hubbard Contracting Co. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any un- disclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, di- rectly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perju executed on the % h ing is true and correct and that this affidavit was ,2oeI 1 . Signature of Bidder Subscribed and sworn to before on the day of % %V ,20 01. (NOTARY SEAL) 1 ACBRD, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 02/06/2001 c- PROD"CER (619)584-6400 FAX (619)584-6425 Westland Insurance Brokers 3838 Camino De1 Rio North #315 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORiATlbN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 85481 San Diego, CA 92186-5481 INSURED Don Hubbard Contracting Co. 1015-A Linda Vista Drive San Marcos CA 92069-2613 INSURERS AFFORDING COVERAGE INSURER A: ROYAL SUPLUS LINES INS. CO.,‘BROWN & RIDING 1 INSURER B: SAFECO INSURANCE COMPANY OF AMERICA I / INSURER C: INSURER D: I INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :TsRR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY p8515647 1 x 1 COMMERCIAL GENERAL LIABILITY 1 MADE m OCCUR r GEN’L AGGREGATE LIMIT APPLIES PER: I POLICY PRO- JECT AUTOMOBILE LIABILITY LOC BA8159095 x ANYAUTO U ALL OWNED AUTOS B SCHEDULED AUTOS I I I GARAGE LlABlLllY l-4 ANY AUTO WORKERS COMPENSATION AND EMPLOYERS LIABILITY 1 OTHER I ;fCRIPTlON OF OPER$TIONS/LOCATIONS/VEHlCLES/EXCLUSlONS ADDED BY ENDORSEME T/SPECIAL PROVlSl -. REPAIR 10 STEEL WATERLINE, NORTH OF TYLER ST BI IWEEN CARLB POLICY EFFECTIVE DATE (MM/DD/YYI 10/31/2000 10/31/2000 ‘OLICY EXPIRATIOb DATE IMMIDDIYY) 01/01/2002 10/31/2001 BODILY INJURY (Per person) s BODILY INJURY (Per accident) I 0 PROPERTY DAMAGE (Per accident) s AUTO ONLY - EA ACCIDENT 1 $ AGGREGATE Is WC mu TORY LIMIT-S OTH ER- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S hILLAGE DR AND OAK AVE, CARLSBAD CA 5 RESPECTS GENERAL LIABILITY THE CITY OF CARLSBAD, THEIR OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE IDITIONAL INSURED WITH PRIMARY WORDING, AND A WAIVER OF SUBROGATION PER THE ATTACHED FORMS. LO DAY NOTICE IN THE EVENT OF CANCELLATION FOR NONPAYMENT :ERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CITY OF CARLSBAD 5950 EL CAMINO REAL CARLSBAD, CA 92008-8893 ACORD 25-S (7/97) I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL m MAIL ___ DAYS WRITTEN NOTICE TO THE CERTiFlCATE HOLDER NAMED TO THE LEFT, 30* --m-xx li&wmwwxIxxxxxXx b OACORD CORPORATION 1988 POLICY NUMBER KZ5515647 COMMERCIAL GENERAL LIABILITY DON HUBBARD CONTRACTING CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ii CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - FORM B This endorsement modifies insurance coverages under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGAINIZATION TO WHOM OR TO WHICH YOU ARE OBLIGATED BY VIRTUE OF A WRITTEN CONTRACT OR BY THE ISSUANCE OF EXISTENCE OF A PERMIT, TO PROVDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of “your work” for that in- sured by or for you. IF YOU ARE REQUIRED BY A WRITTEN CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY SHALL BE PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION 4. OTHER INSURANCE DOES NOT APPLY, BUT ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY. CG20101185 Copyright, Insurance Services Office, Inc. 1984 ROY-4L sL?RPLL~S LINES INSuR.4NCE CC)MPANY Named insured: DON HUBBARD CONTRACTING CO. Policy: EZB515647 Endorsement No: Effective Date: 10/31/00-01/01/02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABLITY COVERAGE PART SCHEDULE Name of Person or Organization ANY PERSON OR ORGANIZATION AS REQLJIRED BY WRITTEN CONTRACT The TRANSER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition 8. (Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payment we make for injury or damage arising out of your ongoing operations or “your work” done under a written contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above RSA 1001 (11/99) Date: February 6,200l I=?0 Box 85481 San Diego, CA 32 i86 (613) 584-8400 FAX (613) 584-6425 Lit. # 0727828 City of Carlsbad 5950 El Camino Real Carlsbad CA 92008-8893 Re: Don Hubbard Contracting Co. Policy No #KZBS 15647 Term: 10/3 l/00-01/01/02 To Whom It May Concern: Certificate holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the “endeavor to.. . ..but failure to.. ..:” wording contained in he cancellation clause. It is agreed and understood that in the event of cancellation or non-renewal, (Westland Insurance Brokers) will advise Certificate Holder of said changes and will not be the responsibility of Royal Surplus Lines Insurance Company. Sincerely, SAN DIEGO ORANGE COUNTY TEMECULA 3838 Camino de1 Rio North, Suite 315 2 192 Martin Street, Suite 130 28 120 Jefferson Avenue, Suite 202 San Diego, CA 921-08 Irvine. CA 92612 Temecula, CA 92590 (67 9) 584-6400 (949) 553-9700 (909) 506-464 7 ACORD’ CERTIFICATE OF LIABILITY INSURANCE ACORD’ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDPIY) DATE (MMIDDPIY) 02,‘06/2001 02,‘06/2001 PROD"CER (619)584-6400 PROD"CER (619)584-6400 FAX (619) 584-6425 FAX (6191584-6425 / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Westland Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NO RIGHTS UPON THE CERTIFICATE 3838 Camino De1 Rio North #315 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR JCK. I 1-113 ~ZK I +lCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IR THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 85481 San Diego, CA 92186-5481 INSURERS AFFORDING COVERAGE DRDING COVERAGE INSURED Don Hubbard Contracting Co. 1015-A Linda Vista Drive San Marcos, CA 92069 INSURER A: STATE COMPENSATION INS FUND INSURER B. INSURER C: INSURER D: I INSURER E. 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 SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. % TYPE OF INSURANCE 1 GENERAL LIABILITY POLICY NUMBER H I I GEN’LAGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC AUTOMOBILE LlABlLlN ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS H I GARAGE LIABILITY ANY AUTO MCESS LIABILIN OCCUR cl CLAIMS MADE DEDUCTIBLE RETENTION 5 WORKERS COMPENSATION AND 046-8604 EMPLOYERS LIABILITY A OTHER ESCRIPTION OF OPERATlONSfLOCATlONSNEHICLES/EXCLUSlONS ADDED BY ENDORSEMI :: REPAIR 10" STEEL WATERLINE, NORTH OF TYLER ST B “OLICY EFFECTIVE POLICY EXPIRATIOF DATE (MM/DD/YY) DATE (MM/DD/W) 11/01/2001 01/01/2002 LIMITS EACH OCCURRENCE Is BODILY INJURY (Per person) I $ BODILY INJURY (Per accident) 0 PROPERTY DAMAGE (Per accident) s AUTO ONLY _ EA ACCIDENT 1 5 LO DAY NOTICE IN THE EVENT OF CANCELLATION FOR NONPAYMENT AGGREGATE 15 J ‘7sPECIAL PROVISIONS WEEN CARLBAD VILLAGE DR AND OAK AVE, CARLSBAD CA 0 WC STATU x TORY LIMIT-S OTH ER- E.L. EACH ACCIDENT t 1,000,00~ E.L. DISEASE - EA EMPLOYEE $ 1.000.00~ E.L. DISEASE - POLICY LIMIT 5 1,000,00~ I :ERTIFICATE HOLDER 1 1 ADDITIONAL INSURED: INSURER LElTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL - DAYS WFSTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 30* CITY OF CARLSBAD BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 5950 EL CAMINO REAL CARLSBAD, CA 92008-8893 ACORD 25-S (7/97) OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTJiQR~~PRESENTA;lVE , ) ,,- k..- ‘- \ ’ , { 1 / k&J i y , ..\:, ,I, d -1---l- .J Ir OACORD CORPORATION 1988 Westland Insurance has the authorization to issue certificates of insurance for the State Insurance Compensation Fund. However, we do not have the authority to issue endorsements on their behalf. A waiver of subrogation and an additional insured endorsement has been ordered from their office and will follow shortly. SEWER CONSTRUCTION PIPELINE CONSTRUCTION EQUIPMENT RENTALS Engineering Contractor License No. 172638A 1015-A Linda Vista Dr. San Marco-s, California 92069 TEL: (760) 736-3241 FAX: (760) 736-3248 JANUARY 25,200l PAT GlJEVARA CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CALIFORNIA 92008 PAT, WE PROPOSE TO PERFORM THE FOLLOWING EMERGENCY REPAIR TO THE WATER LINE IN THE ALLEY NORTH OF TYLER ST. BETWEEN CARLSBAD VILLAGE DR. AND OAK ST. THE REPAIR WILL CONSIST OF REMOVAL OF APPROXIMATELY 500 FT. OF EXISTING 10” STEEL, AND REPLACE WITH 10” C-900 CL150. WE WILL TEST, TIE INTO EXISTING AND MAKE THIS LINE OPERATIONAL PER THE PUBLIC WORKS MANAGER OR HIS REPRESENTITIVE. WE PROPOSE TO DO THIS WORK ON A TIME AND MATERIAL BASIS NOT TO EXCEED $ 75,OOO.OO VICE PRESIDENT \.