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HomeMy WebLinkAboutDon Hubbard Contracting Company; 2008-06-10; 50111Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2008-0543765 OCT17, 2008 3:51 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on May 29. 2008. 6. The name of the contractor for such work of improvement is Don Hubbard Contracting Company. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of repair of a sinkhole and potable water pipeline between Cameo Road and El Camino Real. Project No. 5011. >ATER DISTRICT GLENN PRUIM Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Executive Board of said District on OfctoheT ^V^ 2008, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (ufrtov frJ) I 2008, at Carlsbad, California. CARLSBAD MUNICIPAL WATER DISTRICT,.— fvAB 19,599 RESO 1339 i LORRAINE M. WOOD = Secretary CONTRACT PUBLIC WORKS POTABLE WATER PIPELINE REPAIR BETWEEN CAMEO ROAD AND EL CAMINO REAL CONTRACT NO. 50111 This agreement is made this /( J day of by and between the Carlsbad Municipal Water District §f the City of Carlsbad, California, (hereinafter called "CMWD"), and Don Hubbard Contracting Co., whose principal place of business is 1015-A Linda Vista Drive, San Marcos, CA 92069 (hereinafter called "Contractor"). CMWD and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work necessary to repair water pipelines and surface improvements damaged by the creation of a sinkhole on 2277 and 2283 Cameo Drive, all in accordance with the Contract Documents and the direction of the CMWD. 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 CMWD will be the interpreter of the intent of the Contract Documents, and the CMWD'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, CMWD 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 of work completed for progress payments on the last working day of each month. The total fee to the contractor shall not exceed $90,500 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 aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by CMWD about underground conditions or other job conditions is for Contractor's convenience only, and CMWD 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 CMWD. Revised 11/01/06 Contract No. 50111 Page 1 of 9 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 CMWD, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III 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. CMWD 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 CMWD 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 CMWD, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the CMWD. 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. 50111 Page 2 of 9 Pages Contractor shall also defend and indemnify the CMWD against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the CMWD. Defense costs include the cost of separate counsel for CMWD, if CMWD requests separate counsel. Contractor shall also defend and indemnify the CMWD 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 CMWD. Defense costs include the cost of separate counsel for CMWD, if CMWD requests separate counsel. 10. 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 CMWD's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the CMWD or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the CMWD. (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 CMWD, 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 CMWD, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the CMWD, its officials, employees and volunteers. Any insurance or self-insurance maintained by the CMWD, 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 CMWD, 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. 50111 Page 3 of 9 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 CMWD by certified mail, **«* return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the CMWD. At the option of the CMWD, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the CMWD, 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 CMWD or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the CMWD with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the CMWD and are ***** to be received and approved by the CMWD before the Contract is executed by the CMWD. (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 Carlsbad Municipal Water District 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 CMWD 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 CMWD, 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. 50111 Page 4 of 9 Pages (D) Penalty Recovery. If the Carlsbad Municipal Water 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 Carlsbad Municipal Water District 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 D'^ego County, California. I have read and understand all provisions of Section 11 above. ~-»c/ ~init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the CMWD, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, 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 CMWD by certified letter accompanying the return of this Contract. Contractor shall notify the Carlsbad Municipal Water District 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 CMWD 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 CMWD 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. Revised 11/01/06 Contract No. 50111 Page 5 of 9 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) CONTRACTOR: DON HUBBARD CONTRACTING CO. ^(naijfie of Contract^)K By: CARLSBAD MUNICIPAL WATER Public Agencv organjzed RICT, a unicipal istrict of (print name and title) By: here) '(print name and title) Sj v\ If required by CMWD, proper notarial acknowledgment of execution by contractor musf o'e'attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFOor Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By:. De"puty General Counsel Revised 11/01/06 Contract No. 50111 Page 6 of 9 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. f Date ' personally appeared before me, JtoV) rtA Name(s) of Signer(sJ J. V. MEEKER CommlMton * 1733067 Notary Public • California i San Diego County - I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V\.L^ i ' I JS Jbt\ OPTIONAL ;ignature of Notary Public Though the information below ;s not required by law, it may prove variable 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 Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 Bond #4366436 Premium: $882.00 Premium is for contract LABOR AND MATERIALS BOND X^'b^™ fL>i contract price. WHEREAS, the Carlsbad Municipal Water District of the City of Carlsbad, California has administratively awarded to DON HUBBARD CONTRACTING CO., (hereinafter designated as the "Principal"), a Contract for: POTABLE WATER PIPELINE REPAIR BETWEEN CAMEO ROAD AND EL CAMINO REAL CONTRACT NO. 50111 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 Carlsbad Municipal Water District in the sum of ninety thousand five hundred dollars ($90,500), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, 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 the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 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. 50111 Page 7 of 9 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 day of tVA.7 , 20 fin . Executed by SURETY this. of May 5th .day CONTRACTOR: DONWUBBARDjSONTRACTING CO. SURETY: SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego. CA 92103 (address of Surety) _, 20 08 . 619^400-4100 (telephone num (title and organization of signatory) By:_ (sign here) (signature bff Attorney-in-Fact) Penny E. Kelley, Attorney-in-FaV (printed name of Attorney-in-Fact) (print name here) - &.H.C.C. (attach corporate resolution showing current power of attorney) (title and organization of signatory) (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.) RONALD R. BALL, General Counsel Revised 11/01/06 Contract No. 50111 Page 8 of 9 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date' ' personally appeared efore me, .NM (\V P^Pr CVSy^c VJ 9uJP\V Here Insert Nbme andTitle of the OffidSr \Al^O\wA ^/ C<x\ \3Z\t\ ^ l)ci Name(s) of Signer(s) V. M€EJ. V. MECKtW Comntfuion* 1733067 Notary Public - California San Dtogo County 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 Signature OPTIONAL Though the information below is not required by law, it may prove vanjable 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 Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Die9° MAY 0 6 2008On Date personally appeared. before me,Sarah Stupin, Notary Public Hare Insert Name and Tlbo of the Officer Penny E. Kelley Narrow of Slgnsrfs) Kvwmwwwwww * SARAH STUPIN COMM. #1778881 NOTARY PUBLIC* CALIFORNIA £ SAN DIEGO COUNTY *Commission Expires Nov. 8, 201 1 It**m*m,m,*jvvwjvv^^VJV^,j,jwl,£ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(g) whose nameQs) is/a& subscribed to the within instrument and acknowledged to me that Ke/she/Mfcy executed the same in Ms/her/ttitfr authorized capacity^), and that by EKs/her/tHelr signature^ on the instrument the person(fc), or the entity upon behalf of which the person(x) 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 an.' Signature OPTIONAL Though the information below Is not required by law, it may prove valuable to persons retyiagontrie document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: _ O Individual D Corporate Officer — Title(s): _ n Partner — D Limited D General D Attorney In Fact D Trustee D Guardian or Conservator D Other:. _ Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator n Other: Signer Is Representing:. Top of thumb here XKS^emSSSOXSBSiS^^ C2007NatioflaJNolaryAsgociatian'9350DeSotoAvB,.RO.B[)x2402'Ghat»¥«or1h,CA 91313-2402-www.NationalNotary.or9 Item#5907 R«ord»f;CallTol-Fres 1-800-676-6627 POAft 510007 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris 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 Diego, CA its true arid lawful Attorney(s)-m-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as ftilly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises* Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with Ml power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Foet may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. .Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20* of April, 1999.) fa Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. COMPANY State of Texas County of Harris ss: On this 20th day of June, AD. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and mat he signed his name thereto by like order. Michelle Denny Notary PubBe State of fexe* My Corrwntefon Expires August 27,2008 Michelle Denny, Notary Pulic My commission expires August 27,2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. UAV Alt 7DD8 Given under my hand and the seal of mid Company at Houston, Texas this Brent Beafy, Assistant Secretary A.D. Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm GST. EXHIBIT "A" PROJECT DESCRIPTION POTABLE WATER PIPELINE REPAIR BETWEEN CAMEO ROAD AND EL CAMINO REAL Description of Work Contractor shall perform all work necessary to restore the damaged surface improvements located within an easement at 2277 Cameo Road and replace the existing damaged 6-inch asbestos cement pipeline and vaults with 400 feet 6-inch CL150 C-900 PVC pipeline. The anticipated work is generally described as follows: Remove and dispose of existing damaged asbestos cement pipeline and vaults. Remove property line fence as required to complete the work. Install 400 feet of 6-inch CL150 C-900 PVC pipeline. Remove, replace damaged vaults. Install erosion control at completion of project All work shall be performed in accordance with the Standard Specifications for Public Works Construction (SSPWC), the Carlsbad Engineering Standards and the San Diego Regional Standard Drawings. All work shall be paid on a time and materials basis per the SSPWC. Bond Requirements The Contractor shall provide a bond to secure payment of laborers and material suppliers, in an amount equal 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 Carlsbad Municipal Water District 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 exceeded the 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) 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. A•^ Revised 11/01/06 Contract No. 50111 Page 9 of 9 Pages