HomeMy WebLinkAboutMarathon Construction Corporation; 2006-03-03; 3338CONTRACT
PUBLIC WORKS
AGUA HEDIONDA AND CALAVERA CREEK
EMERGENCY DREDGE PROJECT
(PROJECT NO. CIP 3338)
This agreement is made this 3 Jay of March . 2(X)6. hy
and between the City of Carlsbad. California, a municipal corporation, (hereinafter called "City"),
and Marathon Construction Corporation whose principal place of business is 10108 Riverford Road.
Lakeside. CA. 92040. (hereinafter called "Contractor").
City and Contractor agree a,s follows:
1. Description of Work. Contractor shall perform all work as design and directed by the City
Engineer on a cost plus materials basis as shown on Exhibit "A" (hereinafter called "work")..
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials. t<x>ls.
equipment, and personnel to perform the work specified hy the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract and Exhibit "A",
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, bui which are essential to the completion of the work, shall he provided at the Contractor's
expense to fulfill the intern 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 Tor Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-1 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto,
hereinafter designated "SSPWC". as issued hy the Southern California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Engineer will close the estimate of work completed for progress payments on ihe last working
day of each month. The total fee to ihe Contractor shall not exceed $250,(KX) without approved
amendments to the Contract. The Contractor will be compensated on a lime and materials basis as
shown in Exhibit "A", and markup shall not exceed !()'#.
5. Independent Investigation. Contractor has made an independent investigation of Ihe jobsite. the
.soil conditions at the jobsite. and all other conditions thai 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 mil warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has mn relied on information furnished by C'ily.
6. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements or
the Immigration Reform and Control Act of 1986 (S USC sections 1101-1525) and has complied and
will comply with these requirements, including, hut not limited to. verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
7. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rale of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rales is
on file in the office of the Cily Engineer, and is incorporated by reference herein. Pursuant lo
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
8. 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 ull claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of I he 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 safely
and health: and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting direclly 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.
Contractor shall also defend and indemnify the Cily 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 (he cos! of separate counsel for Cily. if City requests separate counsel.
Contractor shall also defend and indemnify the Cily 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 oiherwise. and Contractor will pay all cosis. including defense
costs for the City. Defense costs include the cosi of separate counsel for City, if City requesis
separate counsel.
9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries lo persons or damage to property which may arise from or in connection
with the performance of the work hereunder by ihe Comracior, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Cily Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,(KX),(XX) combined single limit per
occurrence for bodily injury and property damage. If Ihe policy has an aggregate limit, a separate
aggregaie in ihe amounts specified shall he established for the risks for which Ihe Cily or iis agenis.
officers or employees are additional insured.
h. Business Automobile Liability Insurance: SI.(KK).(KX) combined single litnii per accident for
bodily injury and properly damage. In addition, ihc auto policy inusl cover any vehicle used in Ihe
performance of (he contract, used onsite or offsite. whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state Ihe coverage is for "any auto"
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the Stale of California and Employers' Liability limits of
$1 .tKK).(KH) per incident. Workers' compensation offered by Ihe State Compensation Insurance Fund
is acceptable to Ihe City.
(B) Additional Provisions. Contractor shall ensure thut 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. Ihe following provisions.
a. The City, its officials, employees and volunteers are lo 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, ils
officials, employees or volunteers. All additional insured endorsements must be evidenced using
separate documents attached to Ihe 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, ils officials,
employees or volunteers shall be in excess of the contractor's insurance and shall noi contribute with
it.
c. Any failure to comply with reporting provisions of Ihe policies shall not affect coverage
provided to the City, ils officials, employees or volunteers.
d. Coverage shall stale 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.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall he endorsed to
state that coverage shall not he nonrenewed. suspended, voided, canceled, or reduced in coverage or
limits except after thirty (30) days' prior written notice has been given lo the City by certified mail,
return receipt requested.
(D) Deductible* And Self-Insured Retention (S.I.K.I Levels. Any deductible^ or self-insured
retention levels must he declared to and approved by Ihe City. At the option of (he 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 ils
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate cenificates and endorsements for each subcontractor. Coverages for subcontractors
shall he subject to all of the requirements staled herein.
(G) Acceptability Of Insurers. Insurance is lo be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized lo transact Ihe business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in Ihe official publication of the Department of Insurance of the Stale of California and/or
under the standards specified by Ihe City Council in Resolution No. 91-403.
(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 arc to be signed by a person authori/.ed by that insurer lo 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 Cily before Ihe Contract is executed by the Cily.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall he included in
the Contractor's bid.
10. Claims and Lawsuits. All claims by contractor for $375.(MX1 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2. Part 3. Chapter I, Article 1.5
(commencing with section 20I04( which are incorporated by reference. A copy of Article 1.5 is
included in Ihe Supplemental Provisions I section. The contractor shall initially submit all claims over
$375.<XX) to the Cily using the informal dispute resolution process described in Public Contract Ctxlc
subsections 20l()4.2(a). Ic). id). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Ton Claim Act (section 9<K) el 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 Cily
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 lo the Cily. it may IK
considered fraud and the Contractor may be subject lo criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
el seq.. the False Claims Act. provides for civil penalties where a person knowingly submits a false
claim lo a public entity. These provisions include false claims made with deliberate ignorance of Ihe
false information or in reckless disregard of the truth or falsity of the information.
(Dl Penalty Recover)'. If the Cily 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 Ihe filing of a false claim
may subject Ihe Contractor to an administrative debarmeni proceeding wherein Ihe 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 ami 3.32.028 pertaining to false claims are incorporated herein hy reference.
(G) Debarment froni Other Jurisdictions. Contractor hereby acknowledges that deharnient hy
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 arid jurisdiction for
resolution of any disputes between the panics arising out of this agreemem is San Diego County.
California.
I have read and understand all provisions of Section 11 above/ j./ff". Wt init* ; tl .-
11, Maintenance of Records. Contractor shall maintain and make available at no cost to the City,
upon request, records in accordance with sections 1776 and I8l\2of Part 7, Chapter i. 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.
12. Labor Code Provisions. The provisions of Part 7. Chapter I, commencing with section 1720 of
the Labor Code are incorporated ht*n?in by reference
14. Security. Securities in the form of cash, cashier's check, or certified check may he substituted
for any monies withheld hy 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. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause
required by law to he inserted in this Contract shall he deemed to he inserted herein and included
herein, and it", through mistake or otherwise, any such provision is not inserted, or is not correctly
inserted, then upon application ol either puny, (he Contract shall fonhwith he physically amended in
make such insertion or correction.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
Marathon Cpnstruction
Byr:
Michael V. Furby, tfegsldent
CITY OF C
iORRAINk M WOOD. Cilv Clerk
fsign here)
CharlesF. Cunningham, Vice President
(print name and title)
President or vice-president and secretary »r assistant secretary must sign for corporaliotjPt
one officer signs, the corporation must attach a resolution certified hy the secretary or'^sfctaoT
secretary under the corporate seal empowering that officer to hind the corporation. ''•-
APPROVED AS TO FORM:
RONALD R BALI.
City Attorney
Deputy City Attorney
BOND NO. 10462021 9
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
dr~7 5'53% , adopted pprzch 3,2036 , has awarded to
MARATHON CONSTRUCPION CORPQBBaON
(hereinafter designated as the "Principal"), a Contract for:
Emergency Dredge Project (Project No. CIP 3338)
in the City of Carlsbad, in strict conformity with the description of work contained in the Contract,
which is 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 kid, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, as
Principal, (hereinafter designated as the "Contractor"), and TRAVELE!FS CASUALTY AND SURFPY
COPPANY OF AC~ERTCA as Surety, are held firmly bound unto the City of Carlsbad
in the sum of mi0 HUNDRED FIFTY THCWSAND AND 001100 RED^^^^ ....................................................... Dollars ($250,000.00 -- ),
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 truiy;o be made
we bind ourselves, ow 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 histher
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 31 81, 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 thereunder 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.
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 3r2z Executed by SURETY this 3rd day
day of MAC L +I .20 - C>1;1
CONTRACTOR:
MARATHON CCNSTRUCl'ION CfWORATION
M\K€ Fdc*'y
(print name here) rav -
gn here)
of MARCH ,202.
SURETY:
TRAVELERS CASUALTY AND SURETY CCMPANY OF AMERTCA
(name of Surety)
9325 SKY PARK Cl'. STE. 220
SAN DIEGO, CA 92123
ROBERT P. COLE, ATII)RNEY-IN-FACT
1 (printed name of Attorney-in-Fact)
,I &>(.'L. L-J bJ 13 \ d 6- k-I kbA (attach corporate resolution showing curreci power of
(print name here) attorney)
Lp \ C. c~ F'\2kc ,, <><I\ rj- <;<-(- (:<: --iab:: -y'
(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 secrelary or assistant secretary under corporate seal empowering that
officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Deputy City Attorney \
TRAVELER 'ASUALTY AND SURETY COMPANY OF A' PICA
TR.4.-LERSCASUALTYANDSURETYCOMPANI
. . FARMINGTON CASUALTY COMPANY
I* Hartford, Connecticut 06183-9062
POWER CP ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal off~ces in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Daniel P. Dole, James F. Teghtmeyer, John T. Dole, Nicki Edwards, Robert P. Dole, of
Bonita, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by hidher sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized offtcers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given lum or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any hond, recognizance, contract of indemnity, or writing obligatory in the nature of a hond, recognizance, or conditional
undertaking shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertalangs and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any hond or
undertaking to which it is attached.
(02-05) Unlimited
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto &xed this 8th day of March, 2005.
STATE OF CONNECTICUT
)SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
CONN. BY
George W. Thompson
Senior Vice President
On this 8th day of March, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that helshe knows the seals of said corporations; that the seals
axed to the said instrument are such corporate seals; and that helshe executed the said instrument on behalf of the corporations by
authority of hisiher office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 3RD day of
MARM ,20 06
BY
Nicholas Serninara
Senior Vice President
. . . t'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of San Diego
On 03/03/2006 before me, Nicki Edwards, Notary Public,
personally appeared Robert P. Dole,
personally known to me -C@fl to be the person@f
whose name(fi islaw subscribed to the within instrument and
acknowledged to me that hels~executed the same in hismeFCtkeir
authorized capacity(i+and that by hishdtk+signature@+ on the
instrument the personw, or the entity upon behalf of which the person!
acted, executed the instrument.
NICK1 EDWARDS
WITNESS my hand and official seal.
Signature of Notary
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
GUARDIANICONSERVATOR
IGNER IS REPRESENTING:
AME OF PERSON(S) OR ENTITY(1ES)
Travelers Casualty and Surety Company of America
CITY OF CARLSBAD I FINANCE DEPARTMENT <:lose LVa.i:cxS,
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WORKERS COMTVIIATION AN0 ! EMslDIEmS' Ulslm
EL EACH ACCIDWT
ZL 246
(11-85)
FOLICY NUMBER: 2519513
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
CG 20 10 11 85
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
This endorsement modlfies insurance provided under the following:
COMNEP.CIAL GENERAL LIABILITY COC'EKAGE PART
SCHEDULE
THE CITY OF CARLSSAD, ITS OFFICIALS
EMPLOYEES AND VOLUNTEERS
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement. )
WHa IS INSURED (Section 11: is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you.
Insured: VARATHON CONSTRUCTION CORP.
Producer: Lrlver Alllant Insurance Services, Inc
Copy:igt.~. Insurance Services Offtce Inc.. 1984
ENDORSEMENT # 008
This endorsement, effectlve 12:01 AM 10/0 1 /ZOO5
Forms a part of pollcy no.: 15495 13
Issued to: MARATHON CONSTRUCT1 ON CORPORATION
By: LEXINGTON INSURANCE COMPANY
WAIVER OF SUBROGATION
(BLANKET)
It is agreed that we, in the event of a payment under this policy, waive our right of subrogatlon against
any person or organization where the insured has waived liability of such person or organization as part
of a written contractual agreement between the insured and such person or organization entered into
pflor to tho "occurrence" or offense.
All olhcr terms an3 conditions remain unchanged
Authorized Representative OR
Countersignature (In states where applicable)
ENDORSEMENT # 0 1 1
Thls endorsement, effectlve 12:Ol AM 10/0 1 /20~5
Forms a pan of pollcy no.: 15495 13
lssuedto:MARATHON CONSTRUCTION CORPORATION
By: LEXINGTON INSURANCE COMPANY
AGGREGATE LIMITS OF INSURANCE - PER PROJECT AMENDMENT AND
OVERALL GENERAL AGGREOATE LIMIT
This endorsement mod~f~es insurance provided under the policy:
Subject to the Overall General Aggregate Limit stated in ltem 3 of the Declarations, the General
Aggregate Limit under LIMITS OF INSURANCE (Section Ill) applies separately to each of your
"projects" away from premises owned by or rented to you.
it is further understood and agreed that the following changes are made to the policy:
(1) ltem 3. Lim~ts of lnsurance in the Declarations is amended by the addition thereto of the
following Limit:
Overall General Aggregate Limit - S 5,000.000
(2) SECTION Ill- LIMITS OF INSURANCE is amended by the addition thereto of the following
paragraph under paragraph 6.
7. The Ovorall General Aggregate Limit is the most we will pay under Coverages A and B for
the sum of all L~mits of Insurance as provided in this SECTION Ill regardless of Me number of
your "projects"; except for damages because of "bodily injury" and "prop* damage'
included in the "products-completed operations hazard".
For the purpose of this endorsement. "project" means the work for which the Named Insured is
responsible according to a contram between the Named Insured as the contractor or sub-contractor.
and an owner, developer or general or subcontractor.
All other terms and conditions remain unchanged.
Authorized Repreoentatlve OR
Countersignature (In states where applicable)
ENDORSEMENT # 01 2
This endorsement, effeotive 12:Ol AM 10i01/2005
Forms a pan of policy no.: 154951 3
Issued to: MARATHON CONSTRUCTION CORPORATION
By: LEXINGTON INSURANCE COMPANY
PRIMARY WORDINGINON-CONTRIBUTORY
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
*BLANKET 'AS REQUIRED BY WRITTEN CONTRACT"
It is further agreed that such Insurance as is afforded by the policy for the benefit of the Additional
Insureds shall be primary insurance, but only as respects any Claims, Loss or liability arising of the
Named insureds operatioris and any Insurance rnainIalned by the Additional Insured shall be non-
contributing.
All other terms remain unchanged
Authorized Representative OR
Countersignature (In atetes where eppliiablel
1~~ CA License #0E28830 1 INSURERS AFFORDING COVERAGE I N~C I
4 ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE lwwno-1 u 0310212006
PRODUCER
GIs Insurance Servtces
123 Queen Anne Avenue N8r:h. Suite 101
Seattle. WA 98109
I I I I
COVERAGES
ML OWNEDAYTOS
SCHLWLEOAU~OS
"two AL'IOS
NONOYINEOAUT09
THS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OMS NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I
~ ~
I~SVRED
Marathon Conslruction Corporation
10108 Riverford Road
%
NDUCTIBIL 1
RETENTlOLl I I
A WO~'OM~OMC~~SA~KIN EMPLOYER ' ur~nim WD 661050440 1011 105 1011106 -3 ~%Vb;?d& nu$
ANyPROmIETOWP~RTHEIMxEtUTVE Includes USL&H MEL EL WHICCIDENT t 1.000 000 OIFICEWMEMBER EXCLUDED?
I S QOWMUMel IIW%LY ~LrmOY~ I I.OO0.OM)
S~~CUL PROVISIONS bdw F I ~~~CBSF. on8 rr I ~vlr s 1.000 000
INSURER* SeaBrl~hl Insurance Company I
INSURER B:
..,- I
OAIUOE LIABU.1.I I ANY AUTO I 1 I
UCElDlUllBRELU LIABIYTr 7 OCCUR CLAIMS MADE
I P'ajecl Titie Ague Hrd~onCa Cnanla! Emergency Oledginp Project. Carlsbad. Csllfornla
Pqec! No. 3338.1 I lrctuder Waiver ol Subrogallori ill faro~ uf the Certlllsate Holbrr. Ihe Clty of Carlsbao I
AUTO ONLY. UICCIDENT
OmERiH** AUTO ONLY. AVG
FAX OCCURRENCE
AGGRtWTE
a
a
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SCPRESEHTAnYEs
I
ACORD 25 {2001108)
L
CERTIFICATE HOWER I CANCELIATION r SI~OULDLHIOP THLAUOVE DESCRIOED POL~C~ES UE CLNCELLED REFO~ETHE UPIUT!ON
City of Carlsbad
1635 Faraday Avenue
Carlsbad. CA 97008.7314
OAlb 1)lEREOF. THEISSUN0 INSURER WtLLEHDUIVOR 10 WL 30 DAIS WmEN
NOllCE 10 THE CERTIFICATE HOLDER WED10 THE LEFT. OW FAtLURE TO DO SO SHALL
lMPOSE NOO~LlOAllONOI UABlUlY OF ANY KIND UPON THE IHIURER. ITS AGELilS OR
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificale does not confer rights to the certificate holder in lieu of such endorsement@).
If SUBROGATION IS WAIVED, subject to the lerms and conditions of Ule policy, certain policies may
require an endorsemenl. 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 conslitute 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.
Cllentlf 8591 - - MARATHCON --
1 , ACORD, CER~IFICATE OF LIABILITY INSURANCE ~n>~nc DATE ,MKIDDmwUI
",--.""
PHODUCEII
John Burnham SD 1610
750 B Street. Suite 2400 / San Diego. CA 92101
/ 800 421 -6744
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ,-
~
ALL L8irNCbi:CS *OU,L" IN,"*'
,Pg. DCIEOO I
LiOOLI IN.VR> X 8 ,,2:: o>..:,cr# Ad;c,s Pel >:nrc11\ I
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"?D,PSRrY D4tdN<l
I .Par a'clitanl, I - , AIITOCNLI -EAALCi?ilil I i .-
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DIBCRIPTKIN 05 OPERATIONS ; LOCATION$ IVSYICLEI IEXCIUIIOWS ADDED BI CNDORSGULNTI IPCCIAI PROVISIOHI I
Certificale is subject lo all policy limits, conditions and exclusions.
City of Carlsbad, its officials, employees, and volunteers as Additional
Insured for Auto Liability per form GECA 701 (09104) attached.
lnSURED
I
tLisur~?a Netherlands Insurance Co. / 24171 i Marathon Construction Corporation I--- I -~
INSURERS AFFORDING COVERAGE
-
DEDLiCTlOLL
*EIELIION I
WORKERS COUPENEAnON 1-0
EUPLD"ET(S. LlASslli~
ANY PROPRIETORPAR-NEfiEXiii,'l'!F
O6I1CEIIMEMBCR il(iiiutil'-
lli" d".Crl". u..ari SZECIAJ PUVi,lSli.I:Cli..$I,*
OiME9
NAlC (r
I 1635 Faraday Avcnue
Carlsbad. CA 92008-7314
6XEEISlUUBRELU L~A~ILITI
!
I
CERTIFICATE HOLDER CANCELLATION T-
IMPOE~ uo OBLICITIOH OR LIABIL,~ OF ANY lrno uroN T*E tnsinrR. n3 AOEITI OW
REPPEPEWl*,l"ES .-
.IUT*ORITED REPRESENTATIVE
City of Carlsbad. Public Works
Engineering
ACORD25 (2001'08) 1 Of 2 lfS3147361M290316 HEDAL B ACORD CORPORATION 19HX
5QC SihiJ. "7-. TOWS
EL EACII 4CCCIOENI
EL O1SLASC EAEIIP.OVFF
E I CISEASE POL<CI LIMIT
SHOULO 1HIOrTHt ABOVE OEIlCRlBED POLICIES BE CANCELLEDBEFORE TeE tXPiR&.lOV
U.lif TH~EOI. THE ISSLING INSURIII WLL ENDEAVOR TO KA~L 2 OI'ITWR~~~EN
MOTICE TO THE CFRTI~ICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 10 L'O SO SH~.L
5
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~ ~ -- - AiG
EACH OCCtJRHEtllE -
AGGi)EGLTS
IMPORTANT
If the ce-Oftcaic holder ,s an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on :.his cerlifiwle does not confer rights to the certificate holder in lieu of such endorsement(a)
If SLIBROGATION IS WAIVED, subject to the terms and conditions of the polcy. cerlaln polices may
requtre an endorsement. A statement on thls celificate does not confer rights to tho cerliflcate
holder in lieu of such endorscment(s)
DISCLAIMER
The Certificate of Insurance or? the reverse side of this furr~, does not constitute a contract between
tho issutng insurer;s). authorized representative or producer. and the certificate holder. nor does it
aHlrmat8vely or negattvely amend, extend or alter the coverage afforded by the policies listed there on^
ACORD 25.5 (20011081 2 of 2 PS3id7361M290316
COMMERCIAL AUTO GOLD ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SECTION II - LIABILITY COVERAGE
A. COVERAGE
1 WHO IS AN INSURED
The following is added
d Any organizatlon. other than a partnership or joint venture over wh~ch you maintain ownership or a
niajorlty interest on the effective date of this Coverage Form, if there is no similar insurance available
to that organization
e Any organ!zation you newly acqulre or form other than a partnership orjoint venture. and overwhich
you ma~nlain ownership of a majority interest However, coverage under this provision does not apply
(1) If there is sirnllar insurance or a self-insured retention plan available to that organization: or
(2) To "bodily injury" or 'properly damage" that occurred before you acquired or formea the
organization.
f Any volunteer or employee of yours while using a covered'auto' you do not own, hire or borrow in
your business or your personal affairs Insurance provided by this endorsement is excess over any
other Insurance avatlable to any volunteer or employee.
g. Any person, organization, trustee, estate or governmental entlty with respect to the operation.
rnalntenance or use of a covered 'auto" by an insured, if
(1) YOU are obligated to add that person, organization, trustee, estate or governmental entity as an
additional insured to this policy by,
(a) an expressed provision of an "insured contract', or written agreement: or
(ti) an expressed condition of a written permit issued to you by a governmental or public
author~ty.
(2) The "bodtly injury" or 'property damage" is caused by an 'accidenr which takes place after.
(a) Yo11 executed the 'insured contract" or written agreement; or
(b) the permlt has been Issued to you
2. COVERAGE EXTENSIONS
a. Supplementary Payments
Subparagraphs (2) and (4) are amended as follows'
(2) Up to $2500 for cost of bail bonds (including bonds for related traRc law violat~ons) requ~red
because of an -accident' we cover We do not have to furnish these bonds.
(4) Ail reasonable expenses incurred by the 'Insured. at our request. including actual loss of earning
up to $500 a day because of tinie off from work
lnciiides cop)ii~l~irJ nlaierlal of lilsurance Sewtces Ollices. loc wlin Is perT!ss#on
GECA 701 (09104) Page 1 of 3
SECTION 111 -PHYSICAL DAMAGE COVERAGE
A. COVERAGE
The foliowing is added.
5. Hired Auto Physical Damage
a Any 'auto. you lease, hire, rent or borrow from someone other than your employees or parlners or
members of their household is a covered 'auto" for each of your physical damage coverages
b The mosl we will pay for "loss" in any one "accident' is the smallest of
(1) 550.000
12) The actual cash value of the damaged or stolen properly as of the time of the 'loss", or
(3) The cost of repairing or replaclng the damaged or stolen propeny with other propem/ of like klnd
and quality
If you are liable for the "accideny, we will also pay up to $500 per "accident' for the actual loss of
use to the owner of the covered "auto'.
c Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an
amount that is equal to the amount of the largest deductible shown for any owned "auto' for that
coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not
apply to "loss" caused by fire or lightning.
d. For th~s coverage, the insurance provided is primary for any covered "auto" you hire without a driver
and excess over any other collectible insurance for any covered "auto' that you hire with a driver.
5. Rental Reimbursement Coverage
We will pay up to 575 per day for up to 30 days, for rental reimbursement expenses Incurred by you for the
rental of an "auto" because of "loss" to a covered "auto' Rental Reimbursement will be based on the
rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will
only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed
and similar quallty. up to a maxlmum of 30 days. We will also pay up to $500 for reasonable and
necessary expenses incurred by you to remove and replace your materials and equipment from the
covered "auto".
If 'loss" results from the total theft of a c0vered"auto" of the private passenger type, we will pay under ths
coverase onlv that amount of your rental reimbursement expenses which is not already provided under -
paragraph 4. Coverage Extension
8. Lease Gap Coverage
If a long-term leased "auto' IS a covered 'auto" and the lessor 1s named as an Add~tlonal Insured - Lessor
In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference
between the actual cash value of the 'auto" at the tlme of the loss and the outstanding balance" of the
lease
"Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts
representing taxes: overdue payments: penalties, interest or charges resulting from overdue payments.
additional mileage charges: excess wear and tear charges: and lease termlnatlon fees.
8. EXCLUSIONS
The following is added to Paragraph 3:
The exclusion for "loss" caused by or resulting from mechanical or electr~cal breakdown does not apply to the
acc~dental d~scharge of an a~rbag
Paragraph 4 1s replaced wlth the followng
4 vVe w~ll not pay fur 'loss' to any of the following
a. Tapes records, disks or other similar audic, vlsua! cr 'data e:ect:onic devices deslgned for use with
acd!o, v!sual or data electronic equipmert.
lnciudrs coiyrgb!cd riolerzvl of insurance Sew ces Officer. ljlc nlll? 513 peinllsaio;~
GECA 701 (09104) Page 2 of 3
i: Equipment designed or used for the detection or location of radar.
c Any electronic equipment that receives or transmits audio, visual or data signals
Exclusion 4.c. does not apply to.
!I) Electronic equipment that receives or transmits audlo, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment IS permanently installed in the
covered "auto" at the time Of the .loss" and such equipment is designed to be solely operated by
use of the power from the ''auto's" electrical system. in or upon the covered "auto"; or
(2) Any other electronic equipment that is:
(ai Necessary for the normal operation of the covered "auto" or the nionitorlng of the covered
"auto's" 0pera:ing system, or
(b) An Integral pad of the same unit housing any sound reproducing equipment described in (1)
above and permanently ~nstalled in the opening ofthe dash or console of the covered "autc"
normally used by the nlanufacturer for installation of a radlo.
D. DEDUCTIBLE
The following is added-
No deductible applies to glass damage if the glass is repaired rather than replaced
SECTION IV. - BUSINESS AUTO CONDITIONS
A. LOSS CONDITIONS
Item 2.a. and b. are replaced wlth:
2. Duties In The Event of Accident, Claim, Suit, or Loss
a You must promptly notify us. Your duty to promptly notify us 1s effective when any of your executive
officers. partners, members, or legal representatives IS aware of the accident, claim. "suit". or loss.
Knowledge of an accident. claim. "suit", or loss. by other employee(s) does not imply you also have
such knowledge.
b TO the extent possible, notice to us should include
(1) How, when and where the accident or loss took place.
(2) The names and addresses of any lnjured persons and witnesses, and
(3) The nature and location of any injury or damage arising out of the accident or loss
The following is added to 5
'We waive any right of recovery we may have against any additional Insured under Coverage A. 1. Who Is An
Insured g., but only as respects loss arislng out of the operation, maintenance or use of a covered "auto'
pursuant to the provisions of the "insured contract", written agreement, or permit.
B. GENERAL CONDITIONS
9. is added.
9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Your unintentional failure to disclose any hazards existing at the eflective date of your policy will not
prejudice the coverage afforded. However, we have the right to collect additional premium for any such
hazard
COMMON POLICY CONDITIONS
2.b. is replaced by the following
b 63 days before the effective dare of cancellation 11 we cancel for any other reason
rclbder :>pyrlg?led rnater a1 of lnsuraqce Services Offlces lnc wlfh its prmissaon
GECA 701 (09104) Page 3 of 3
MARATHON CONSTRUCTION CORPORATION
CONTRACTORS AND ENGINEERS STATE LICENSE NO. 411338
10108 RIVERFORD ROAD, LAKESIDE, CA 92040-2740
TEL (619) 276-4401 FAX (619) 276-0717
www.marathonconstruction.biz
March 3, 2006
City of Carlsbad
Public Works - Engineering
1635 Faraday Avenue
Carlsbad, CA 92038-7314
Attention: David Hauser, Deputy City Engineer
Project: Agua Hedionda Channel Emergency Dredging Project
Project No. CIP 3338
Subject: Exhibit "A"- Description of Work
Via US Mail and Facsimile (760-602-8562)
Gentlemen:
Marathon Construction Corporation is pleased to propose on the above referenced project. Please use
this scoping letter as the Exhibit "A" referenced in your attached contract. Marathon proposes to
perform this dredging project on a time and materials basis with the following equipment and labor at
the following rates:
Description
Cat 325 Excavator
Volvo A35 Truck
ASV Track Loader
Cat 140H Motorgrader
Cat D6 LGP Swampdozer
Chipper
Full Time Superintendent
Laborer
Carpenter
Group 8 Operator
Straight Time Rate
SI25.00/Hour
$I25.00/Hour
$125.00/Hour
$125.00/Hour
S125.00/Hour
$50.00/Hour
$125.00/Hour
S45.00/Hour
S50.00/Hour
S65.00/Hour
Overtime Rate
SI50.00/Hour
$I50.00/Hour
$150.00/Hour
5150.00/Hour
$150.00/Hour
S 50.00/Hour
$!25.00/Hour
$ 65.00/Hour
S 70.00/Hour
S 85.00/Hour
Double Time Rate
$175.00/Hour
$I75.00/Hour
S175.00/Hour
S175.00/Hour
$!75.00/Hour
$50.00/Hour
$!25.00/Hour
$ 85.00/Hour
$ 90.00/Hour
$105.00/Hour
Equipment mobilization and demobilization will be at a rate of $400.00 per each piece of equipment
(round trip). These rates are applicable only if Marathon Construction Corporation is permitted to take
ownership of the dredge spoils and allowed to screen these spoils at the agreed screening/disposal site
east of lhe entry drive to the project which Mr. Van Peski and Marathon discussed at our site meeting on
13
City of Carlsbad
Exhibit "A"-Agua Hedionda Channel Emergency Dredging Project
Page 2 of 2
March 1. 2006. Marathon also reserves the discretion of determining which material will be removed
from the site and what will be left in the disposal/screening area. Listed rales and time and material
work are limited to the excavation, trucking and disposal of the material at the agreed upon
screening/disposal site and include equipment, labor and fuel, oil and grease. No costs for the
screening, processing, and removal of the material from the screening/disposal area will be charged to
the City ol Carlsbad. We anticipate having the screening and removal of the dredged material completed
within one week after the completion of the excavation.
Our proposal excludes bond costs, damages to pavement, curbs, drives due to equipment use, inspection
and testing, permits, surveys, liquidated damages and engineering costs. There is no stipulated contract
price or contract duration for the project. Marathon anticipates with the current scope of not exceeding
$250,000.00 costs for the project. All work will be done on a time and material basis with a daily force
account approved and signed by a City of Carlsbad inspector or person qualified and signatory to
represent the City of Carlsbad daily. Marathon anticipates the current scope of work to be completed
within three weeks, although there are no time constraints in the contract. Marathon will provide a full
time superintendent on the project during all hours of work. All costs at the rates referenced above will
be marked up 10% per your contract. Any additional subcontract work and time and material work not
referenced in the original scope of work will additionally be marked up 10%. Clearing and grubbing
downstream of the El Camino Real bridge is currently not included in our scope.
We anticipate commencing work on Monday, March 6, 2006 and working from 7AM to 3:30PM unless
directed otherwise. Should you have any questions regarding this proposal, please feel free to contact
me at 619-276-4401.
Best regards,
MARATHON CONSTRUCTION
Michael V. FufbYTPresident
CC: Joe Ellis and Jim Furby. Marathon Construction
Glen Van Peski. P.E.