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Don Hubbard Contracting Company; 2008-02-28; PWS08-23ENG
DOC# 2008-0608825 Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 l NOV25, 2008 12:56 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 City of Carlsbad, 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 September 10, 2008. 6. The name of the contractor for such work of improvement is Don Hubbard Contracting Co. 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 Tamarack Avenue Sinkhole Repair, Project No. 1005. CITY GLENN PRUIM Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The City Council of said City o(i7/<n*./r)h^J I x . 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. ftiExecuted on AB 19,637 RESO 2008- 306 _, 2008, at Carlsbad, California. CITYloRCARLSSAD DOC# 2008-0608824 Recording requested by; CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 NOV25, 2008 12:56 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 September 10, 2008. 6. The name of the contractor for such work of improvement is Don Hubbard Contracting Co. 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 Tamarack Avenue Sinkhole Repair, Project No. 1005. CA rATER 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 y/cnzrh&M. I . 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 or\//£rM.mLtLUtf . 2008, at Carlsbad, California. CAIAB 19,637 RESO 1343 &&&*& ^"^ IPAL WATER DISTRICT Secretary CONTRACT PUBLIC WORKS TAMARACK AVENUE SINKHOLE REPAIR CONTRACT NO. 1005 This agreement is made this r)^> day of VV^ui^C^fuo , 20£$ , by and between the City of Carlsbad, California, a municipal corporattan, (hereinafter called "City"), and Don Hubbard Contracting Co., whose principal place of businesses 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 of work 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 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 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. m¥ 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 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. 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 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 City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. OmW Revised 11/01/06 Contract No. 1005 Page 2 of 8 Pages 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. 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 City'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 City 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 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 primary insurance as respects the City, its officials, employees and volunteers. Any insurance 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 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 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 California 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 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 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. (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 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 ^\/(x \x~hiit 12. Maintenance of Records. Contractor shall maintain and make available at no\pst to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, ChapteH, 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. 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) CONTRACTOR: By: (napie of Contractor) sign here) f (print name and title) /(sign here) (print name and title) UX unjetpajjeorporation of layor ATTEST:£/^QX-/ ' A / g^e CORRAINB'ML WOOE5, 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 Deptr Revised 11/01/06 Contract No. 1005 Page 6 of 8 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _^ Date personally appeared Name(s) of Signer(s) J. V. MEEKER Commisclon # 1733067 Notary PubHc - California San Diego County MyComm.Eiipte8Apr17.20n 1 I 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. Place Notary Seal Above WITNESS my hand and official seal. DtifoSignature OPTIONAL L Signature of Notary Public Though the information below is not required by law, it may prove alyble 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: (V*\\CT>^ ' Document Date: (\NJfc, >T 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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 ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 Bond #4366773 Premium: $4725.00 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 of California has administratively awarded to DON HUBBARD CONTRACTING CO. (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 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. 1005 Page 7 of 8 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 Executed by SURETY this 27th day of February , 20 08 . SURETY: SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego. CA 92103 (address of Surety) (print name heNe) By: (title and organization of signatory) By:. slephone numbec,of Sqrejy)r (print name here) (signature qf/Attorney-in-Fact) Penny E. Kelley, Attorney-in-Fact (printed name of Attorney-in-Fact) (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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney WJLBy: Deputy City Attorney ¥= Revised 11701/06 Contract No. 1005 Page 8 of 8 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared 3%,3Dft8rbefore me, ' OH Here Insert Name and Title of the OfficerA . Na/ne(s) of Signer(s) — V J. V. MEEKER Commission # 1733067 Notary Public - California San Diego County My Comm. Expires Ape 17.2011 1 j 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 vamajile 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: L Document Date: V fi)p 3 S ,Number of Pages:o? 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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 • Chatswortri, 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 Diego PEB 2 7 2008On Dale personally appeared before me,Johanna Smith. Notary Public Here Insert Name and Tllte ol the OKicer Penny E. Kelley Name(s) 01 bignei( ^r^NOT^P&ffiS^'t-2(,. iAf SAN DIEGO COUN-K OO\ . */*-W/ Mv Commission expires » ' ' V , 2011 who proved to me on the basis of satisfactory evidence to be the persorjj^f whose name^f is/are subscribed to the within instrument and acknowledged to. me that h^sheZtfrtSy executed the sapae in^Ws/her/jMr authorized capacity^), and that by<^is/her/Jkefrsignaturej@f on the instrument the personj(«fj, or the entity upon behalf of which the personjXf 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 Nolary Seal Above Signature OPTIONAL - Though the information below /s not required by law, it may prove valuable 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(les) Claimed by Signer(s) Signer's Name: O 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:. 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: Top of thumb here C2OT7Na»onalNotaryAssodatkm«9350DeSotoAv«.,P.O.Box2402^^ ltem*5907 Reonter:CaHTo«-Freo1-«00-676-6827 POAS; 510007 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Alt 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 and lawful Attomey(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 of 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 fully 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 10/31/08 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 full 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-'Faa 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 ail 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-Faet 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.) In 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. rfflJRETEC Q>f$OKANCE COMPANY State of Texas County of Harris ss: On this 20th day of June, AD. 2005 before me personally came BJ. 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. Michelte Denny Notary Putote aorteoffexcs MyCommtekjnExpJres August 27,2008 Michelle Denny, Notary Public 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; arid furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 2008 M. Brent BeafV, Assistant Sec 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 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 materials 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 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 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. EXHIBIT "B' FEBRUARY 14, 2008 TERRY SMITH CITY OF CARLSBAD 5950 EL CAMINO REAL CARLSBAD, CA 92008 RE: TAMARACK AVE. SINKHOLE REPAIR - CARLSBAD TERRY, WE ARE PLEASED TO PROVIDE YOU A REVISED ESTIMATE ON THE ABOVE JOB: BOND- 1 LS. LABOR & MATERIALS BOND $5,670.00 SINKHOLE AND WALL REPAIR - 1 LS. MOBILIZATION 1 LS. EROSION CONTROL 1 LS. TRAFFIC CONTROL 3720 SF. REMOVE & DISPOSE OF ASPHALT 1 LS. REMOVE & DISPOSE OF CRIB WALL SECTIONS 2350 CY BACKFILL & COMPACT IMPORT FILL 1400 SF. TYPE C CRIB WALL 30 LF. TYPE A ASPHALT DIKE PER G-5 80 LF. 6" CURB & GUTTER PER G-2 3720 SF. PAVEMENT REPLACEMENT (4" AC / 6" BASE) 83 LF. REMOVE & REPLACE METAL BEAM GUARD RAIL 110 LF. REMOVE & REPLACE CHAIN LINK FENCE 1 LS. GEOTECHNICAL TESTING / REPORT TOTAL $ 462,305.00 STORM DRAIN IMPROVEMENTS - 1 LS. TRAFFIC CONTROL 110 LF. REMOVE 18" RCP FROM SLOPE REPAIR OR SLURRY FILL 1 EA. ABANDON 10' TYPE B-l CURB INLET 64 LF. SLURRY FILL 18" RCP UNDER TAMARACK AVE. 1 EA. REMOVE 21' TYPE B-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 1 EA. CURB OUTLET TYPE A PER D-25 74 LF. 6" CURB & GUTTER PER G-2 TOTAL $ 50,475.00 WATER / SEWER REPAIR - 1 LS. SEWER PIPE POINT REPAIR AS NECESSARY 1 LS. REMOVE & DISPOSE OF ASBESTOS PIPE 50 LF. 6" C-900 CL150 WATER LINE 2 EA. 6" FLEXIBLE COUPLING CONNECTION TOTAL $ 27,485.00 CHANNEL CLEANING - 1 LS. SEDIMENT AND VEGETATION REMOVAL 1 LS. HAUL & DISPOSE OF SEDIMENT AND VEGETATION TOTAL $ 61,375.00 BIDTamarackSinkhole.doc NOTES: 1. 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. (ORIGINAL 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 HAVE 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 PIPEFITTER PIPELAYER/LABORER OPERATOR TEAMSTER WELDER PICKUP & TOOLS BOX TRUCK WELDING TRUCK CAT 345/235 EXCAVATOR CAT 320/325 EXCAVATOR CAT 303/308 EXCAVATOR CAT 235 EXCAVATOR/BREAKER EXCAVATOR COMPACTION WHEEL CAT 950/966 LOADER CAT 920/930 LOADER CAT 287/257 TRACK LOADER CASE 590L BACKHOE CASE 590L 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 30.00 185.00 170.00 150.00 330.00 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 PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR PER HOUR 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 10%. 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 its 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. 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 CALTRANS, 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 intermittently 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. 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 report. 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 10 percent on the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily 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. Included are applicable delivery tickets, listing all labor, materials, 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 signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. 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 shall not be construed as relieving the Contractor or its Surety from liability. 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. Payment 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 not 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. 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 Final 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 within 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 the Contractor's claims. 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 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. 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. ACORQU CERTIFICATE OF LIABILITY INSURANCE PRODUCER (619)584-6400 FAX (619)584-6425 Westland Insurance Brokers 3838 Canrino Del Rio North #315 fi.jp. Box 85481 ^j Diego, CA 92186-5481 INSURED Don Hubbard Contracting Co. 1015-A Linda Vista Drive SAN MARCOS CA 92078-2613 DATE (MM/DD/YYYY) 02/22/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A TRAVELERS PROP & CASUALTY OF AMEI INSURER B TRAVELERS CASUALTY & SURETY CO. INSURER C: INSURER D: INSURER E: NAIC# :ICA 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. INSRLTR A A B ADD'LNSRC TYPE OF INSURANCE GENERAL LIABILITY X X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | X | OCCUR DEDUCTIBLE $5,000 GEN'L AGGREGATE LIMIT APPLIES PER: | POLICY | X | JECT | | LOC AUTOMOBILE LIABILITY D X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER DTEC01497C412TIL08 rE-810-4042B396-TIL-08 DTEUB1497C41208 POLICY EFFECTIVEDATE rMM/DD/YY) 01/01/2008 01/01/2008 01/01/2008 POLICY EXPIRATIONDATE rMM/DD/YYl 01/01/2009 01/01/2009 01/01/2009 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPRFMISFfi (Fa nrnurpnrp) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AGQ EACH OCCURRENCE AGGREGATE V WC STATU- OTH-A TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT * 1,000,000 $ 300, ood $ excl udedl * 1,000,000 * 2,000,000 * 2,000,000 1,000,000 $ $ $ $ $ $ $ $ $ $ $ $ 1,000,000 $ 1,000,000 $ 1,000,000 ?°E ?C TAMARACKE^vlNSUE0 SINK8 HOLE^REPAIR8' ?RO Slcf * ENDORSEMENT ' SPECIAL PROVISIONS \S RESPECTS GENERAL LIABILITY THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH PRIMARY WORDING JER FORM CGD247 WHEN REQUIRED BY WRITTEN CONTRACT. *10 DAY NOTICE IN THE EVENT OF CANCELLATION FOR NONPAYMENT CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD ATTN: KEVIN DAVIS \^ PUBLIC WORKS DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ^J^ ±\ \ ^ Robert Kempa/JOYR \o^^— ACORD 25 (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 READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATIONS): THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS " PROJECT/LOCATION OF COVERED OPERATIONS: TAMARACK AVENUE SINK HOLE REPAIR PROJECT 1, WHO IS AN INSURED - (Section ID Is amended to include the person or organization shown in the Schedule above, but a) Only with respect to liability for "bodily injury", "property damage" or "personal injury^ and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written con- tract requiring insurance". This endorsement shall not increase the limits of Insurance de- scribed in Section 111 - Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or falling to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "properly damage" caused by "your work" and included in the "products-completed op- erations hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage CG DZ 47 08 05 © 2005 The St. Paul Travelers Companies, Inc.Page 1 of 2 COMMERCIAL GENERAL LIABILITY 4. or the end of the policy period, whichever is earlier. The insurance provided to the additional insured by this endorsement Is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement However, if a "written contract requiring Insurance" for that ad- ditional Insured specifically requires that this in- surance apply on a primary basis or a primary and non-contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers that person or organi- zation as a named Insured for such loss, and we will not share with that "other insurance". But the Insurance provided to the additional insured by this endorsement still Is excess over any valid and collectible "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such "other insurance". As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persona and witnesses; and lii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must i. Immediately record the specifics of the claim or "suit" and the date received: and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "surf, cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional Insured must tender the de- 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 endorsement However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance*1 available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies. Inc.CG 02 47 06 05