HomeMy WebLinkAboutRomtec Inc; 2016-11-21; PKRC590RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Notice is hereby given that:
DOC# 2017-0234399
II IIIII IIIII IIIII IIIII 1111 111111 IIIII IIIII 111111111111111111111111 1111
May 24, 2017 04:06 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES: 1
Space above this line for Recorder's use.
PARCEL NO: n/a ------------------
NOTICE OF COMPLETION
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. Ttie 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 or improvement on the property hereinafter described was completed on Jan. 5, 2017.
6. The name of the contractor for such work or improvement is Romtec, Inc.
7. The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: PKRC590, Lake Calavera Restroom
Installation.
8. The street address of said property is 4028 Peninsula Dr. in the City of Carlsbad.
CITY OF CA~LSBAD ~ (\ ~\J\JWV\
krteity ineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 120 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on , 20_12_, accepted the above
described work as completed and ordered that a Noti f Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ·~ , 20J.1_, at Carlsbad, California
\ cr::;:;:T!.m~
BARBARA ENGLESON ~
City Clerk
Word\Masters\Forms\Notice of Completion (City) 3/9/98
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
Romtec, Inc. has constructed the contract work for Project No. PKRC590, Lake Calavera
Restroom Installation. City forces have inspected the public improvements and found them to
be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Restroom Construction $38,238
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
~'N~ ~ublic W Director ' Date
CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described contract is deemed complete and hereby accepted.
The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in
accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described
improvements.
Kevinlt.~nager Date '
APPROVED AS TO FORM:
CELIA BREWER, City Attorney
By~ Depu y C1ty Attorney
Word\Masters\Forms\Acceptance of Public Improvements (City) 319198
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CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
LAKE CALAVERA RESTROOM INSTALLATION; CONT. NO. PKRC590
This agreement is made on the <9 J ,~ day of (}c::ue~~ , 20.1J..i; by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"}, and Romtec, Inc. whose
principal place of business is 18240 North Bank Road, Roseburg, OR 97470 (hereinafter called
"Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and
all proper amendments and changes made thereto in accordance with this Contract or the Plans and
Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will
supersede terms and conditions in the Contractor's proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by: Kasia Trojanowska
(City Project Manager)
WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute
the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 1 of 12 City Attorney Approved 8/2/2016
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Contractor ana any subcontractors shall ..:omply with Section 1776 of the California Labor Code, which
;:1enerally requires keeping accurate pay oil records, verifying and certifying payroll records, and making
them available for inspection. Co. tractor :;hall require any subcontractors to comply with Section 1776.
F1-.LSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as :1art of the contract process as set :·~.xth in this agreement and not in anticipation of litigation or in
cor1junction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides ; .. x civ:l penalties where a perJon 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 th€ truth or falsity of the info'mation.
n.e prL ·fisior,<: ,Jf Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false c:~ims are incorporated herein by reference.
Contractor hereby acknowledgf!c, that •. 1e filing of a false claim may subject the Contractor to an
administrat;ve debarment proceecling w~ ~rein the contractor may be prevented from further bidding on
'Jublic contract.; for a period of up'.) five. /ears and that debarment by another jurisdiction is grounds for
1he City of Carlsbad to di::;qualify tne Co• 1actor or bcontractor from pa · ipating in contract bidding.
Signature
Print Nam ..
REQ JIRED INSURANCE. The .. ·.•cces!"'ul contractor shall provide to the City of Carlsbad, a Certification
ot Co~mercial General Liability and Property Damage Insurance and a Certificate of Workers'
C:or.'pensi'ltion l'lsurance indicating coverage in a form approved by the California Insurance Commission.
The cert1~;cates shall indicate coverage ciJring the period of the contract and must be furnished to the City
prior o the sta1~ of work. The mir.tmum lr1its of liability insurance are to be placed with California admitted
ir·surets that have a current Best's Key .~ating of not less than "A-:VII"; OR with a surplus line insurer on
tha StaL~ of Cai,fornia's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key
Rating GrJide of at least "A:X"; OR an <-~lien non-admitted insurer listed by the National Association of
lnsJrance Commissioners (NAIC) latest <1Jarterly listings report.
Co.nmercial G:meral Liability Insurance .f Injuries including accidental death, to any one person in an
srn 1unt not less than ........ $1 ,000,000
~· ubject to the same limit for each p• >on on account of one accident in an amount not less than
...... ~1,000,01)0
P11 .. '[..7rty damage insurance in an amoun+ of not less than ........ $1 ,000,000
A.;ton. 1bi1P. Liability lnsuran::;e in 1e an· Junt of $1 ,000,000 combined single limit per accident for bodily
i"lj J, v ur.c ~Jroperf:y damage. In addition, 'fle auto policy must cover any vehicle used in the performance of
t~.e cvnt. ~L · u~ed onsite or offsite, whetner owned, non-owned or hired, and whether scheduled or non-
S•''lu •. 'uled. 't"ht automobile insurance C• 1ificate must state the coverage is for "any auto" and cannot be
li-nited in any m;:mner.
The policies sha,· name the City of Carlsl>d as an additional insured. The full limits available to the named
insured sha!i aiso be available anCi applic:ible to the City as an additional insured.
L.\KE CALAVERA RESTROOM INSTA: LA-, )N:
CL l'.rl. NO. Pi\RC590 ~'age 2 of 12 City Attorney Approved 8/2/2016
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WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
INDEMNITY. The 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 related 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.
JURISDICTION. The 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.
Start Work: Contractor agrees to start within 7 working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within 90 working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
Romtec, Inc. 18240 North Bank Road
(name of Contractor) (street address)
849246 Roseburg, OR 97470
(Contractor's license number) (city/state/zip)
B, 11/30/16 541-496-3541
(license class. and exp. date) (telephone no.)
1000002582 541-496-0803
(DIR registration number) (fax no.)
06/30/2017 romtec34@romtec. com
(DIR registration exp. date) (e-mail address)
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LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 3 of 12 City Attorney Approved 8/2/2016
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AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR
~7~ ~ l(rihefe --'
or De~ar:tment Direeter ~ 1\C'of\So(\li \)j .c.e._~ r<S~,L a+-C..COas alolthori~ea by tl=!e City Manager
'print name/ itle)
If .squired by City, proper notarial acknowledgment of execution by Contractor must be attached. !f....E.
CJ!:Qs:'ration, Agreement must be signed t. y one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group 8
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwue, th<c. 'Orporation must attach ,.1 resolution certified by the secretary or assistant secretary under
corporate ,>eal en .Powering the officer(s) igning to bind the corporation.
APPROVED AS TO FORM:
Ct::L: A. A. BREWER, City ~ttorne'
bY: ~
Assistdnt City Attorney kf~
l.'\KE CALAv'ERA RESTROOM INSlr•.' LA. )1\1;
CCN·1·. NO. PI(RC590 r•age 4 of 12 City Attorney Approved 8/2/2016
Cer~if~cats ~t Acknowledgement
c;tate of Orego __ n ____ _
Co,~nty of Do-=-u=gl=-=a=s ____ _
on_toJID }aotlo
(date)
, br,fore me,
(no ary)
pe1son2lly appeared, A~~rn ___ A_r_o_n_~_0_n __ a_n_d __ K_e_l~ly~fi_i_n_k ____________________________________ ___
(signers)
per~cn0Lly known to me
--UR --
proved to me on the basis of sat.sfactory evidence to be the person(s) whose
name(s) is/a:e subscribed to the within instrument and acknowledged to me
.. hat he/she/Lhey executed the sar;'." in his/her/their authorized capacity(ies),
a~d that by hJs/her/their signat're(s) on the instrument the person(s) or
tne ?nti+J upoL behalf of which rhe person(s) acted, executed the instrument
WTTNESS my hand and offi :ial sertl
(no+1~y signature)
My CcmFlission Expires: JUV\Q Q~ 0(0 19
-
OFFICIAL STAMP
DIANE L VNETTE SLACK
NOTARY PUBLIC-OREGON
COMMISSION NO. 939645
MY COMMISSION EXPIRES JUNE 03, 2019
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to Business Name and Address DIR Registration License No., %of
be Subcontracted No. Classification & Total
Expiration Date Contract
/DO% b-~JY\ Lot\~ \ruG\_ i QA /tx'X)()4f"YJ 34-9f3245tiS
Total% Subcontracted: -~/:....:DD:::..w,ff-~tr--
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 5 of 12 City Attorney Approved 8/2/2016
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EXHIBIT B
SCOPE OF SERVICES
Romtec, Inc. (Romtec) will install a prefabricated single-stall, unisex restroom at Lake Calavera Preserve.
Installation work will include excavating and pouring the footing, foundation, and slab, plumbing and
electrical rough in, and trim out of the complete building with all fixtures and features. For this Project,
there is no limitation on the percentage of work that can be subcontracted by Romtec.
1. Building Installation
A. Romtec shall ensure that the building installation is performed in accordance with the approved
plans and specifications. Additional responsibilities include:
• Site drainage control during installation per applicable building code.
• Excavation of building footings. This does not include site grading or removal and
replacement of existing soils.
• Upon arrival, Romtec requires the building pad be level and compacted to within 6" of the
finish floor elevation.
• Plumbing and electrical utilities must be installed within 10 feet of the building footprint for
connection by Romtec during building construction.
• Installation of all building systems and components supplied by Romtec.
• Disposal of packing materials and excess building materials supplied by Romtec that are
left over from installation.
• All materials, equipment and labor for foundations/footings, interior slabs, exterior/entry
decomposed granite sidewalks shall be installed and supplied by Romtec.
• CMU blocks, interior/exterior finishes, doors, frames and hardware and gable vents shall
be installed by Romtec.
• Roofing and roof extension installation and materials shall be installed by Romtec.
• Plumbing rough-in, installation, trim and fixtures shall be installed by Romtec.
• All dispensers/accessories shall be supplied by the City and installed by Romtec.
• Drinking fountain shall be installed by Romtec.
• Electrical rough-in, installation, trim, fixtures and panel shall be installed by Romtec.
• Construction and trim out of the complete Romtec supplied building kit with all fixtures
and features.
B. Truck Delivery
Delivery of the building requires access by a semi-truck and trailer to the project site or to an
alternate site that has been designated by mutual agreement between Romtec and the City.
Romtec is responsible for securing all necessary hauling/routing permits. The building kit will be
delivered in shrink wrapped pallets, labeled with the project name and the stage of construction.
C. Special Delivery Requirements
The City will provide a secure, fenced storage area at the Lake Calavera Pump Station, which is
near the project site and inaccessible by semi-truck. Romtec is responsible for unloading
materials to the storage area and will provide a forklift & licensed operator for off-loading pallets.
The City requires a forty-eight hour notice for material delivery to the site.
D. Site Storage
Romtec will adequately package the building materials for protection during shipment. However,
the building is not packaged for storage. Moisture, direct sunlight and seasonal temperature
fluctuations will result in damage to the materials. A shipment and construction schedule shall be
coordinated with the City, so storage time does not exceed thirty days. If the building is stored
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 6 of 12 City Attorney Approved 8/2/2016
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outdoors for more than thirty days without adequate protection from the elements, the Romtec
Limited Warranty may be voided.
E. Site Utilities & Other Considerations
Site plans will show utilities such as water, sewer/septic, electrical, etc. to ten ( 1 0) feet outside of
the building footprint. It is the City's responsibility to supply adequate water, sewer, electrical and
other necessary utility services to within ten feet of the building. If utilities are not supplied within
the ten foot perimeter, Romtec will stub out and cap utility connections to that point for future
connections.
The City shall comply with building codes and other applicable regulations in the installation of
utility services. Utility services shall be installed and ready for use before building installation
requires utility connection. Installation delays due to incomplete or unavailable utility services are
subject to additional charges.
F. Underground Lines
Romtec shall call DigAiert prior to commencing any excavation at the site. Romtec shall not be
responsible for the location, disturbance, or damage of any unidentified and/or unknown
underground lines of any kind. Romtec shall only be responsible for underground lines or utilities
identified and located by regulatory agencies whose responsibility is to identify and locate such
lines and utilities. The City is responsible for costs associated with any action which results from
the incidental discovery, disturbance, or damage of any previously unidentified and/or unknown
underground lines or utilities of any kind, including any pipeline or other transportation conduit.
G. Building Location, Orientation & Elevation
The City is responsible for building location, orientation and finish floor elevation.
H. Concrete Mix Designs
Romtec will provide PSI for concrete mix per geo-tech report recommendations. Romtec does
not provide mix design review for concrete used in construction as a standard service.
I. Finished Grade & Drainage Outside Building
Romtec is responsible only for the grading from the building exterior to ten (1 0) feet outside the
building footprint. The City is responsible for all excavation, grading and construction related to
surface water drainage.
J. Site Soil Bearing
The soil on which the building will be constructed shall support a minimum of 3,000 pounds per
square foot. Romtec has assumed this in the building design.
2. Exclusions
Services to be supplied by Romtec are unique to this building. Unless otherwise specified, exclusions
include design and engineering services for aspects of the project, including but not limited to:
• Site engineering
• Site drawings
• Utility designs and plans
• Additional plan sets
• As-built plan sets
• Other related documents and services
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 7 of 12 City Attorney Approved 8/2/2016
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3. Installation Schedule
Romtec shall determine the installation schedule assuming a 5 day work week (Monday-Friday) with
available work hours of 7:00AM-5:00 PM and a no noise policy before 7:30AM.
4. Site Inspections and Pre-construction Meetings
The City will provide any necessary inspections for this project. The City requires a site meeting prior to
commencement of work.
5. Change Orders
Romtec will review any request or need for a change order with the City. If needed, Romtec will submit a
change order to the city for approval. Installation change orders may be issued for the following reasons:
• Any work site requirements, including but not limited to safety, environmental, quality control and
archeological requirements that were not previously disclosed to Romtec.
• Any condition at or near the project site affecting site access and/or delivery of materials that was
not previously disclosed to Romtec.
• Any inspection requirement by the City or authority that was not previously disclosed to
Romtec.
6. As-Built Plan Sets
Romtec does not supply unsealed, as-built plan sets as a standard service.
7. Operation and Maintenance Manuals
The City shall keep operation and maintenance manuals provided by manufacturers. If misplaced,
replacement manuals shall be provided at an additional cost.
8. Project Completion
The City will sign-off on the project and remit payment once the work is complete. Payment shall not be
held for any delays with site work, utility work or any other item outside this scope of services.
9. Disclosure Notification
Failure by the City to provide notification on the following items may result with additional charges and
delays with materials and services described herein.
A. Site Conditions
The City shall notify Romtec of all known conditions at the project site that may affect site access
and/or delivery of materials; building installation methods, materials and schedule; disposal of
excavation spoils; and any other aspect of building design, supply and/or installation.
B. Licenses
The City shall notify Romtec of all licenses required.
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 8 of 12 City Attorney Approved 8/2/2016
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C. Insurance
The City shall notify Romtec of all insurance policies required.
D. Health & Safety
The City shall notify Romtec of all applicable health and safety regulations and/or requirements.
E. Environmental
The City shall notify Romtec of all applicable environmental regulations and/or requirements.
F. Quality Control
The City shall notify Romtec of any quality control program for the project.
G. Archaeological
The City shall notify Romtec of any archaeological review requirements.
H. Reviewing/Permitting Authority
The City shall provide Romtec the contact information for the reviewing/permitting authority and
forward all pertinent information received.
10. Disposal of Previously Contaminated Digging Spoils and Other Site Debris
Romtec is not responsible for previously contaminated soil or other materials originating on the project
site.
11. Building Permits
The City shall submit the plan set and product submittals to the reviewing authority for approval (if
applicable). The City shall pay all charges related to the plan set review and building permit(s). The City
shall notify Romtec that building permit(s) and final approved plan set are available. No other documents
shall be used for installation of the building.
12. Progress Payment Documentation
Romtec will provide invoices sufficiently detailed to include work completed and costs for approval by
City. Payment for restroom installation will be made monthly or upon completion of work.
13. Warranty for Materials Manufactured or Installed by Romtec
Romtec warrants that it will, at its option and in its sole discretion, furnish a replacement for, repair or
refund the purchase price to the City of any goods of its manufacture or part or portion thereof proved to
its satisfaction to be defective in workmanship or material under normal use and service within one year
from the date of final acceptance by the City or 1 year and 6 months from the date of delivery to the City
whichever comes first, provided that notice of such defect is given to Romtec within such limited period.
There is no implied warranty of merchantability or implied warranty of fitness for a particular purpose or
any other warranty, express or implied, labor, transportation or other costs or expenses relating to such
replacement or such repair, including any indirect, incidental, delay or consequential damages.
14. Components Resold or Supplied with Romtec Materials
Certain components are warrantable directly by the original manufacturer for periods between 90 days
and 1 year. Replacement for, repair or refund of defective workmanship or material under normal use
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 9 of 12 City Attorney Approved 8/2/2016
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shall be remunerated directly with the manufacturer of the component. Examples of components include
locksets, plumbing fixtures, electrical fixtures, etc.
COST ESTIMATION
Romtec will provide invoices sufficiently detailed to include work completed and costs for approval by
City. Total agreement amount shall not exceed thirty-eight thousand two hundred and thirty-eight dollars
($38,238.00).
ITEM NO. DESCRIPTION PRICE
1 Construction Materials $21,125.00
2 Construction Labor $17,113.00
TOTAL $38,238.00
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 10 of 12 City Attorney Approved 8/2/2016
.-.
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Bond No. SAIFSU0649739
EXHIBITC
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Romtec, Inc.
{hereinafter designated as the "Principal"}, a Contract for:
LAKE CALAVERA RESTROOM INSTALLATION
CONTRACT NO. PKRC590
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 its 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, Romtec, Inc., as Principal, {hereinafter designated as the "Contractor"), and
INTERNATIONAL FIDELITY INSURANCE COMPANY as Surety, are held firmly
bound unto the City of Carlsbad in the sum of thirty-eight thousand two hundred and thirty-eight dollars
($38,238.00), said sum being an amount equal to: One hundred percent (1 00%) 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 9100, 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
9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, 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.
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 11 of 12 City Attorney Approved 8/2/2016
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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 __ /~0-~--
day
of __ ..;::O..:::C:..:.T..:::O..:::;B.::.ER:..::...,_ ____ , 201&._.
CONTRACTOR:
ROMTEC INC. --nm• o~ntractor)
B~---·~--=~~~--~------------(sign here)
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(print name here)
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(title and organization of signatory) Byl£J~f.L
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(pnnt name here)
Executed by SURETY this -----"6wtbiL..-___ day
of ___ O_C_T_O_B_E_R ______ , 20li,_.
SURETY:
INTERNATIONAL FIDELITY INSURANCE COMPANY
(name of Surety)
ONE NEWARK CENTER, 20TH FLOOR, NEWARK, NJ 07102
(address of Surety)
(425) 636-8282
(telephone number of Surety)
By:
(signature of ttorney-m-Fact)
ROBIN BAIRD
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power of
attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER
City Att?~y L~
By:~
Deputy City Attorney
LAKE CALAVERA RESTROOM INSTALLATION;
CONT. NO. PKRC590 Page 12 of 12 City Attorney Approved 8/2/2016
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.f,·owe•R····o··F·····Attb•r{·N·•ev••··
INTERNATIONAL FIDELITY INSURANCE CbMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102·5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
__ Pen_rl~!'lll_a~ja, having their principal office in the S:ity of Newark, New Jersey, do hereby constitute and appoint
·-~---------··-1
ROBIN BAIRD, KEN PRICE, KYLE HUDSON, KEITH YAM, MICHELLE BENCH I
I
Springfield, OR. ····--~--~
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory In the nature thereof, which are or rnay be allowed, required or permittei:J by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(sl in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL IY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOLVED, that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke
the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limtted in their respective powers of attorney, and to execute on behalf
of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of mdemnity and other written obligations in the
nature thereof or related thereto; and {2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any
such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any
bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when
so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manuany affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014.
STATE OF NEW JERSEY
County of Essex
ROBERT W MINSTER
Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company)
On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of sald Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16, 2019
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Ocko-bu'1.10iu
STAT£ OF __ ..::Oc.::.R=-------------] COUNTYOF ~L~A=N=E~------------
On 10-06-16 before me MICHELLE BENCH ---------------------------------------------· • ------·----····--·-------·-··-·--··-······-·--····rtiere7nseifniime .. ancTiitfe-of""fi1e .. ottTcelf·--···············-···-··----·--·--···············-·······-•
peffionaHyappearod~R~O==B=IN~B~A~I=RD=-----------------------------------------------------
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~ -~ ~ o ~' OFFICIAL SEAL
.;-/· ·'-·~--" MICHELLE RENEE BENCH -:· ::;;~_: ::i NOTARY PUBLIC· OREGON
"(;]};_' / COMMISSION NO. 480023
MY COMMISSION EXPIRES SEPTEMBER 20, 2017
This areajhr <?/Jidal N(Jtari.Jl Seal
----------• OPTIONAL ----------•
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S)
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 LIMITED
0 GENERAL
0 GUARDIAN/CONSERVATOR
0 OTHER: _____________________ __
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IESi
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232 (REV. 10/06) ALL-PURPOSE ACKNOWLEDGEMENT