HomeMy WebLinkAboutAbghari Construction; 1992-01-14; 3355T - DON’T !
T~ FILE
From Karen
RE: CONTRACT NO. 3355 - ABGHARI CONSTRUCTION
Carlsbad Blvd. Whale Watch Fence
A Stop Notice and Lawsuit have been filed for
this project.
DO NOT RELEASE ANY BONDS!!!!
AIGNER FORM NO. 55-032
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October 24, 1991
ADDENDUM NO. 1
BID/PROJECT NO. 3355 - CARLSBAD BLVD. FENCE REPLACEMENT
Please include the attached addendum in the Notice to Bidders/Request for Bids y
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/l
when your bid is submitted.
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RUTH FLETCHER
Purchasing Officer
RF:af
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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- 2?3 IzrIsDad Village Drive - Carlsbad. Caiifornia 92008-1 989 - (61 9) 434-21
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ADDENDUM NO. 1 a
CARLSBAD BOULEVARD WHALE WATCH HANDRAIL REPLACEMENT
PROJECT NO. 3355
OCTOBER 24, 1991
NOTE:
THE BID OPENING DATE SHALL BE CHANGED FROM 4:OO P.M. ON OCTOBER 28,199
TO 4:OO P.M. ON NOVEMBER 6,1991.
Changes and additions to Plan Sheet 2, Drawing No. 320-5, are as follows:
1.
2.
3.
Add Note: All handrail balusters shall be 3/4" square, 6063-T6, clear anodized aluminu
Delete Aluminum Railing Note Number 8.
On Handrail Detail A/2, change as follows:
3a.
3b.
Delete 8-1/4" R between top rail and vertical post.
Provide 1/2' expansion joints on rails at 50-fOOt intervals.
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TABLE OF CONTENTS
Itern & 0 NOTICE INVITING BIDS ...........................................
CONTRACTOR’SPROPOS ..........................................
BIDDER’S BOND TO ACCOMPANY PROPOSAL ...........................
DESIGNATION OF SUBCONTRACTORS ............................... 1
BIDDER’S STATEMENT OF FINANCIAL, RESPONSIBILITY .................. 1
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .......... 1
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID .............................. 1
CONTRACT . PUBLIC WORKS ...................................... 1
LABOR AND MATERIALS BOND .................................... 2
PERFORMANCEBOND ........................................... 2
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ................................. 2
RELEASEFORM ............................................... 3
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SPECIAL. PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ............................ 3
TECHNICAL SPECIFICATIONS - CARLSBAD BOULEVARD
FENCEREPLACEMENT ........................................ 4
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CITY OF CARLSBAD, CALIFORNIA 0 NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 12C
Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on tk
28th day of October, 1991, at which time they will be opened and read, for performing tl
work as follows:
CARLSBAD BOULEVARD FENCE REPLACEMENT
CONTRACT NO. 3355
The work shall be performed in strict conformity with the specifications as approved by th
City Council of the City of Carlsbad on file with the Municipal Projects Department. Th
specifications for the work include the Standard Specifications of Public WorE
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designate
"SSPWC", as issued by the Southern California Chapter of the American Public WorE
Association and as amended by the special provisions sections of this contract. Referenc
is hereby made to the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-ownel
businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators an
contractors to utilize recycled and recyclable materials when available and wher
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasin
Department. Each bid must be accompanied by security in a form and amount require!
by law. The bidder's security of the second and third next lowest responsive bidders ma
be withheld until the Contract has been fully executed. The security submitted by all othe
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days afte
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectior
22300), appropriate securities may be substituted for any obligation required by this noticc
or for any monies withheld by the City to ensure performance under this Contract. Sectior
22300 of the Public Contract Code requires monies or securities to be deposited with thc
City or a state or federally chartered bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
1. Contractor's Proposal
2. BiddeJs Bond
3. Non-Collusion Affidavit
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quantiti
are approximate and serve solely as a basis for the comparison of bids. The Engineel
Estimate is $125,000.
No bid shall be accepted from a contractor who is not licensed in accordance with tl
provisions of California state law. The contractor shall state their license numbt
expiration date and classification in the proposal, under penalty of perjury, pursuant
Business and Professions Code Section 7028.15. The following classifications a
acceptable for this contract: A or (C-8, C-13) in accordance with the provisions of sta
law.
If the Contractor intends to utilize the escrow agreement included in the contra
documents in lieu of the usual 10% retention from each payment, these documents mu
be completed and submitted with the signed contract. The escrow agreement may not 1
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at tl
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue
Carlsbad, California, for a non-refundable fee of $10.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minc
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute tl:
Contract shall be those as determined by the Director of Industrial Relations pursuant t
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 (
the Labor Code, a current copy of applicable wage rates is on file in the Office of tE
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay le:
than the said specified prevailing rates of wages to all workers employed by him or her j
the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions (
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Codc
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 172
shall apply to the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
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All bids are to be computed on the basis of the given estimated quantities of work, i
indicated in this proposal, times the unit price as submitted by the bidder. In case of
discrepancy between words and figures, the words shall prevail. In case of an error in tE
extension of a unit price, the corrected extension shall be calculated and the bids will t
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out an
typed or written in with ink and must be initialed in ink by a person authorized to sign fc
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day pric
to bidding. Submission of bids without acknowledgment of addenda may be cause (
rejection of bid.
Bonds to secure faithfkl performance of the work and payment of laborers and materia,
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%:
respectively, of the Contract price will be required for work on this project. These bond
shall be kept in full force and effect during the course of this project, and shall extend i
full force and effect and be retained by the City for a period of one (1) year from the dat
of formal acceptance of the project by the City.
Both bonds and insurance are to be placed with insurers that have a rating in Bests, Ke
Rating Guide of at least A:V and are authorized to conduct business in the State c
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California.
The Contractor shall be required to maintain insurance as specified in the Contract. An
additional cost of said insurance shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, California, by Resolution
No. 9 I- 27 8 , adopted on the 3 f d day of 5ePi-&4A@2, 19TI
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XeJlda L. R& anz,dty Clerk
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Date
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CITY OF CARLSBAD i CONTRACT NO. 3355
CARLSBAD BOULEVARD FENCE REPLACEMENT
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish
all labor, materials, equipment, transportation, and services required to do all the work to
complete Contract No. 3355 in accordance with the Plans and Specifications of the City of
Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Approximate
Item Quantity Unit * and Unit Price Total
1 Anodized Aluminum Handrail 1150 LF Complete In Place Including
Post Anchors at 8": 5-p-/. LC
W 1.c;- ?&>
I I t5.m. L4d~'J '""gy-\/ ,s *- y
Dollars per Linear Foot
Sidewalk (G-7) at 1800 SF h;; :> ijLLJ; b Lf $ Qe fi&?Lj LJ . [tc Bk c 3 ' 2
Dollars per Square Foot
3 Remove and Discard Existing LS
$2 ce Wood Fence and Foundation at
gs, 4 f -q\ ^D wq {x ,,dl &'\Ye I-inJ @35-&- /k.s h5-&,:; %&
&NO $4~9 XI ;tj12fj
Dollars per Lump Sum
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Approximate
wm Quantity Unit - No. and Unit Price Total
4 Clear and Grubb at LS 5-Ld(c e 5-24,s ";Sw la-<
iI c 4 il:, c3 h&MJ&& @wr,,ja &. .-# la, 4)
Dollars per Lump Sum Y
1200 SF I 3S'Lc %-- +LL *: $&sb CiPl i %-; )"d L&fJ 5 Construct Sod at
kt & Bk. L..
Dollars per Square Foot
--- / Total amount of bid in words: "'6'1i'rv )~V,kid fW~~ii:S;q~dD, F&)C (jt~fi:JypJ baa
I 25 e!, g n+-3 Do r t $3 {-% ^I "7,+16; &> *tal amount of bid in numbers: $ u R:! I
Price(s) given above are firm for 90 days after date of bid opening.
Addendurn(a) No(s). k>N E
proposal.
The Undersigned has checked carefully all of the above figures and understands that the
City will not be responsible for any error or omissions of the part of the Undersigned in
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that they are licensed to do
business or act in the capacity of a contractor within the State of California and that they
are validly licensed under license number
which expires on I - 3 I - Ll 7. - This statement is true and correct and has the legal effect
of an affidavit.
has/have been received and is/are included in this
9 G 3 a 4 2 , classification A- f ,G .&&>> /sy J&<& i /p Y'< 07 I\ 0 df.Gi;'' P fi
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A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant
@o the Business and Professions Code shall be considered nonresponsive and shall be
rejected by the City. 5 7028.15(e). In all contracts where federal funds are involved, no
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance
with California law. However, at the time the contract is awarded, the contractor shall
be properly licensed. Public Contract Code § 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this Contract, or the compensation to
be paid hereunder; that no representation, oral or in writing, of the City Council,
its officers, agents, or employees has inducted hidher to enter into this Contract,
excepting only those contained in this form of Contract and the papers made a part
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without collusion or
fraud.
Accompanying this proposal is 6jj-J BQ,.dJ
(Cash, Certified Check, Bond or Cashieis Check)
@or ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this
Contract and continue to comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article , relative to the general prevailing rate of wages for each craft or type of worker needed
qo execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted ptq.1 fi&fqrq&r
rl SUd, b3 qi /+y&{,lJ,b&” , i (2) Signature (given and surname) of proprietor 1 /i v
1; (3) Place of Business 2 sq 2.- ’ 4%; 5 E !d SQG 15
(Street and Number)
City and State fiq !.55/& ju fij5-i $- c.+ . 1’
(4) Zip Code 92 L s ! Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signature
must be made by a general partner) 0
(3) Place of Business
(Street and Number)
City and State
Zip Code Telephone No.
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IF A CORPORATION SIGN HERE:
(1) Name under which business is conducted a
(2) Signature
Title
Impress Corporate Seal here
(3)
(4) Place of Business
Incorporated under the laws of the State of
(Street and Number)
City and State
0 (5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGEMENT OF EI(ECUTI0N BY ALL SIGNATORIES MUST BE
AITACHED
List below names of president, vice president, secretary and assistant secretary, if a
corporation; if a partnership, list names of all general partners, and managing partners:
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, ABWARI CONSTRUCTION , as Prhcipal, and EXPLORER INSURANCE ,CQMBL
as silrery are held and firmly bound unto the City of Carlsbad, California, in an amount as
fdlows: (must be at least ten percent (10%) of the bid amount)
for which payment, well and truly made, we bind oursdves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDTTION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
above-bounden Principal hc
TEN PERCENT OF THE NOUNT BTn---(ln& OF qTn> -- -
CARLSBAD BOUWARD FENCE REPLACEMENT
CONTRACT NO. 3355
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter
into and execute a Contract including required bonds and insurance policies within twenty
(20) days from the date of award of Contract by the City Council of the City of Carkbad,
being duly notified of said award, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect, and the amourat specified herein
shall be forfeited to the said City,
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Explorer Insurance Company
POWER' OF ATTORNEY
HOME OFRCE: SAN DIEGO, CALIFORNIA Certified Copy of e
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existi laws of the State of APtZONA and having its principal office in the City of San Oiego, California. does hereby nominate, constitute a
PHILIP E. VEGA
its true and lawfulAttorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, a and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed 2nd sealed by facsimile under and by the authority of the following Resolution ad1
Board of Oirectors of %e EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 198: Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy
'RESOLVED That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on
Company. and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Atton
and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the cbmpan:
bonds and undertakings as the business of the ampany may require, and any such bonds or undertakings executed by any such
Fact shall be as binding upon the Company as if signed by the Resident and Sealed and attested by the Secretary.'
IN WlTNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these prf signed byitsdulyauthorizedofficersthis 22nd day Of December, 1989. f=JJ EXPLORER INSURANCE COMPANY
On this 22nd day of &c. , &?%?e the subscriber. a Notary Public of the State of California. in and for the County o duly commissioned and qualified, came Bernard Martin Feldrnan of MPLORER INSUFiANCE COMPANY to me personally known
dividual and officer described in and who executed the preceding instrument. and he acknowledged the execution of the same, and I
duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid. and that the sed affixed to the preceding ir the Corporate Seal of the said Corporation. and that the said Corporate Seal and his signature as such officer were duly affixed and to the said instrument by the authority and dimc5on of the said Corporation.
l~NE~~€F~~~~l%&~hqetgip set my hdnd and affixed my Wal Seal. at the Gty of San Diego. the day and yea
SEAL- g s%**, 4% t
STATE OF CALIFORNIA $.c r.db COUNTY OF SAN DEGO SS:
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wiEe& rj'.,:3.- ->. a' !:;-..\- J.!:NIS E. T:-!Z3r3$?5 .$ s' !- I-- >e;?, ,. , , -~--. ..;-/ !Si,',.:Y KXiC. G.L!FXX,~ *:
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COUNM OF SAN DIEGO
.Notary Puolic
1. the undersigned. James W. Austin, Ill, of the EWIORER INSUF"C€ COMPANY. do hereby certify that the original WWER
NEY. of which the foregoing is a full, true and correc! cow. is in full force wd elfact, and has not bean revoked.
IN WlTNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate seal of the Corpoi
19 cr i'; q?~ day of qJb+J a.
MPLORER INSURANCE COMPANY
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EX?? CU 37
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In the event Principal executed this bond as an individual, it is 3greed that the death 01 Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of
a
Executed by SURETY r&-.28M day of
,I9 -* e- OCTO6 ER ,1991.
PRINCIPAL: SURETY:
ABGHARI CONSTRUCT I ON EXPLORER INSURANCE COMPANY
(Name of Principal) (Name of Surety)
By; Fr--y7 --3![y?,
L - gka mAttorney-in&act
8 (print name here) -*
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%!&I IP E. GA i"\
'\ \printe&xfilrne 73 of ATtorney-m-F2 -.
T -# (attach corporare resolution showing
current power of attorney)
:S& E GLYI td'b YC
(tide and organization of signatary)
a* By:
(sign here)
1 (print name here)
I
(title and organization of signatory) f
9
(Proper nordal acknowledge of execution by PRINCIPAL and SURETY must be attached)
(President or vice-ptesidenr and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must arcach a resolution certified by the secretary or assistant secretary under
corporate sed empowering that officer to bind the corpofation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, SR. Chy Attorney
By:
KAREN J. HIRATA e Deputy City Attorney
9/13/91 Rev. 68
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* STATE OF CALIFOENIA, COUNTY OF
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x. before me a J q--i j On this '3d'>c19i.dsy of * me a Notary Public, withi ty and State, * personally appeared * Pe~sonallg known to m
* evidence) to Be the pepson whose name is subscribed to the withir * instrument as the AttoPney--In-Fact of and for the EXPLORER -1NSUEL * COMPANY, and acknowledged to me that he subscribed the name of tl * EXPLORER -1NSURAXCE COMPANY thereto as Supetg, and his own name ai * Attorney--In-Fact, *
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p:3T~:,'i FURLlC CA..iFORFJ!A z 4''
")TARY BOND FiLED IN t io$, ANGELS COJNTY o
r *, MY Commission Expires January 39. 19% P LU.~OQ~.#0*~?140+.o:aa~*~~~a~~:P~~~~~V~~~
a Notary Public
-~-~ri~xir~rrr~~~r~rrx~r~x~r*~~~-~oo***rr~~~rr~n~~rrr~~rrrr~~~~~~i~~
11
DESIGNATION OF SUBCONTRAaORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors
in making up his/her bid and that the sub-contractors listed will be used for the work for
which they bid, subject to the approval of the City Engineer, and in accordance with
applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made in
these subcontractors except upon the prior approval of the City Engineer of the City of
Carlsbad. The following information is required for each sub-contractor. Additional pages
can be attached if required:
8
Items of Complete Address Phone No.
Work Full Company Name with Zip Code with Area Code
f 4 66 5 fi1LhYy 57- pd ,*. 7 ? h"i c; i,i ?-?el 4, r &;~AL~$ fi~ I: ~d R jc. ibie pLJ /iwac(, -
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AMOUNT OF SUBCONTRACTORS' BIDS .
m
The bidder is to provide the following information on the subbids of all the listed
subcontractors as part of the sealed bid submission. Additional pages can be attached, if
required.
Type of State
Contracting Carlsbad Business Amount of Bid
62
($ or YO) Full Company Name License & No. License No.*
Cb32tS &PjJ $&L @senL hr fkk $-/$ jpdd -.. __L 2-9 ECL" I !#.'(, -
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license
must be obtained prior to submission of signed Contracts.
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 0
Bidder submits herewith a statement of financial responsibility.
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John J. Deniken, Jr.
Certified Public Accountant
2172 Dupont Drive, Suite 16 e Irvine,CA92
Fax: 7 141752-61
BUS.: 714/757-01
Board of Directors Abghari Construstion
El Toro, California
We have reviewed the accompanying balance sheet of Abghari Construction. as of October 31, 1990, and the related statements of income, retained earnings, and cash flow for
the period then ended, in accordance with the standards
established by the American Institute of Certified Public
Accountants. All information included in these financial
statements is the representation of the management of Abghari Construction.
A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an examination in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an.opinion.
Based on our review, we are not aware of any material modifications that should be made to the accompanying fin- ancial statements in order for them to be in conformity with generally accepted accounting principles. f
WflU
John J. Deniken Certified Public Accountant
November 15, 1990
Abghari Construction
Balance Sheet as of October 31, 1990
ASSET
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Current Assets
Cash in bank $ 10,3E
Inventory (Note 3) Accounts receivable (Note 2) 33,45
Contruction in progress $336,857
Less: Costs in excess of billings (192,492) 144,3C Prepaid expenses - 7,6e
85, OC Investments (Note 4)
Total Current Assets $280 , 88
Fixed Assets
Contruction equipment $ 18,640
Automotive equipment 14 , 780
6,450 Office equipment
Total $ 39,870 Less: Accumulated depreciation (Note 5) (15,550) Total Fixed Assets 24,32
Other Assets - Deposits 1,oc
TOTAL ASSETS $306,2C ------- --_----
LIABILITIES Current Liabilities
Accounts payable $ 31,14 Payroll taxes payable 9a Federal and state income taxes payable 7,69 Current portion of long-term debt 4.34
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Total Current Liabilities $ 44,15
Long-Term Debt
Note payable - equipment $ 19,860
Less: Current portion of long-term debt (4,340)
Total Long-Term Debt $ 15,52
TOTAL LIABILITIES $ 59,67
Accumulated equity contributed $217,350 Current year's net "income 51 , 867
Less: Owner's drawing account (22,682)
Total Proprietor's Equity 246,53
PROPRIETOR'S EQUITY
TOTAL LIABILITIES & PDROPRIETOR'S EQUITY $306,~ ------- --_---- * Footnotes are an integral part of the financial statements
Abghari Construction Statement of Income
Percentage of Completion Method For the year ended October 31, 1990 0
Revenues :
Contract Price $485,6C
Less Costs:
Actual cost to date (cumulative) $284,9S
Estimated cost to complete 125,84
Estimated total costs $410,83
Estimated total income $ 74,75
Apportionment of total income (based on ratio of costs incurre to date to estimated total constructin costs)
--_---- -__----
($284,990 divided by $410,830) x $74,770 = $ 51,8€ ------- ------- Schedule of Cost of Operations
Materials $120,12
Payroll taxes 2,7a
Auto & truck expense 3,9a Fuel 3,75
Labor 25,29 Outside Subcontractors 69 , 73
Equipment rental 8,67
Other direct costs 18,49
Total Cost of Operations $252.84
*
Schedule of General & Administrative Expenses
Accounting & legal $ 3,24 Depreciation 3,9a
Interest 1,39
Office salaries 7,45
Rent 3,84
Utilities 70
Insurance 6,45
Office supplies & expense 1,7C Payroll taxes 82
Telephone 2,49
Total General & Administrative Expenses $ 32.14
Total Costs Incurred to date $284,99 ------- -------
Footnotes are an integral part of the financial statements e
Abghari Construction
Statement of Cash Flows
0
for the period ended October 31, 1990
Cash flows from operating activities:
Net income, per income statement $ 51,86 Add: Depreciation $ 3,987
Increase in accounts payable 3,300
Increase in income taxes 1,300 838
$ 60,45
$ 8,700
1,360
Deduct: Increase in receivables
Increase in inventory 35,834 Increase in prepaid expenses
Decrease in payroll taxes 360 46,25
Net cash flow from operating activities $ 14,20
Cash flows from financing activities: $
*
Investing activities:
Cash paid for proprietor's draw $ 22,682 Note payable - equipment reduced 2,170 (24,85
Decrease in cash $ 10,65
Cash at the beginning of the year 21 00
Cash at the end of period, October 31, 1990 $ 10,35 ------- -------
Footnotes are an integral part of the financial statements (I)
L
Abghari Construction
NOTES TO THE FINANCIAL STATEMENTS
0
1. Summary of significant accounting policies:
A. Abghari Construction is in business as a general build: contractor for the purpose of building commercial and residential projects for the public. Abghari Construcl started business in January, 1977. The accounting records are maintained under the percentage of complet: method of accounting.
Equipment consists of construction equipment, automoti7 equipment, office furniture and office equipment and i: stated at cost. Depreciation is provided by the Accelc
ated Cost Recovery System (ACRS) which applies acceleri methods of cost recovery over statutory periods, and k the straight line method over the estimated useful livc of the assets. Major renewals and additions are capiti
ked; maintenance, repairs, and minor renewals are chai to expense.
2. Accounts Receivable
B. Equipment
The accounts receivable accounts are all current and tl appears no need to set-up an allowance for doubtful accounts at this time.
0
3. Inventory Materials in Progress is computed at cost for all
materials and labor used through December 31, 1989.
Investment in the capital stock of Welt Construction, 1 4. Investments
5. Equipment Equipment is being depreciated over five years under tl Accelerated Cost Recovery System (ACRS) and by the straight line method over the estimated useful lives 01 the assets.
6. Provision for Federal and State Taxes The record of the company are being kept on the accrual method of accounting and follow generally accepted accounting principles.
@
14 e BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar character to that included in the
proposed Contract he/she has successfully performed and give references, with telephone
numbers, which will enable the City to judge his/her responsibility, experience and skill.
An attachment can be used.
No. of Person
*
9/13/91 Re7 @
r
1:
NON-COLLUSION AFFIDAVIT TO BE EXECUTED e
BY BIDDER AND SUBMITITD WITH BID
State of California 1
) ss.
Countyof Qi{
being first duly sworn, deposes
(Name of Bidder) + and says that he or she is 1 1l.d &&. E CL Y9dE~g
(Title)
of
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behal
of, any undisclosed person, partnership, company, association, organization, or corporatior
that the bid is genuine and not collusive or sham; that the bidder has not directly o
indirectly induced or solicited any other bidder to put in a false or sham bid, and has nc
'rectly or indirectly colluded, conspired, connived, or agreed with any bidder or anyon
11 refrain from bidding that the bidder has not in any manner, directly or indirectlj
sought by agreement communication, or conference with anyone to fix the bid price, or c
that of any other bidder, or to fix any overhead, profit, or cost element of advantag
against the public body awarding the contract of anyone interested in the propose
contract; that all statements contained in the bid are true; and further, that the bidder hz
not, directly or indirectly submitted his or her bid price or any breakdown thereof, or th
contents thereof, or divulged information or data relative thereto, or paid, and will not pa!
any fee to any corporation, partnership, company association, organization, bid depositor]
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that th
affidavit was executed on the - day of
98
Subscribed and sworn to before me on t
(NOTARY SEAL) *
9/13/91 Re d33
1
CONTRACT - PUBLIC WORKS 0
This agreement is made this @day of &
of Carlsbad, California, a municipal corpQ/ration, hereinafter called "City"), and
is 2391 Rosehedge, Mission Veijo, CA 92691
, 199e by and between the Cit
whose principal place of busine Abghari Construction
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contrac
documents for:
CARLSBAD BOULEVARD FENCE REPLACEMENT
CONTRACT NO. 3355
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, material:
tools, equipment, and personnel to perform the work specified by the Contrac
Documents.
Contract Documents. The Contract Documents consist of tlis Contract, Notic
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation c
Subcontractors, Bidder's Statements of Financial Responsibility and Technic:
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans an
Specifications, the Special Provisions, and all proper amendments and changc
made thereto in accordance with this Contract or the Plans and Specification:
and all bonds for the project; all of which are incorporated herein by th
reference.
Contractor, her/his subcontractors, and materials suppliers shall provide an
install the work as indicated, specified, and implied by the Contract Document
Any items of work not indicated or specified, but which are essential to th
completion of the work, shall be provided at the Contractor's expense to fulfi
the intent of said documents. In all instances through the life of the Contrac
the City will be the interpreter of the intent of the Contract Documents, and th
City's decision relative to said intent will be final and binding. Failure of th
Contractor to apprise subcontractors and materials suppliers of this condition c
the Contract will not relieve responsibility of compliance.
2. 0
3.
e
9/13/91 Re Q9
1
Payment. For all compensation for Contractor's performance of work under th
Contract, City shall make payment to the Contractor per Section 9-3 of tk
Standard Specifications for Public Works Construction (SSPWC) 1991 Editioi
and the latest supplement, hereinafter designated "SSPWC", as issued by tE
Southern California Chapter of the American Public Works Association, and i
amended by the Special Provisions section of this contract. The closure date fc
each monthly invoice will be the 30th of each month. Invoices from tE
Contractor shall be submitted according to the required City format to the City
assigned project manager no later than the 5th day of each month. Paymen
will be delayed if invoices are received after the 5th of each month. The fin;
retention amount shall not be released until the expiration of thirty-five (35
days following the recording of the Notice of Completion pursuant to Califom
Civil Code Section 3184.
Independent InvestiEation. Contractor has made an independent investigation (
the jobsite, the soil conditions at the jobsite, and all other conditions that migl
affect the progress of the work, and is aware of those conditions. The Contrac
price includes payment for all work that may be done by Contractor, whethc
anticipated or not, in order to overcome underground conditions. Ar
information that may have been furnished to Contractor by City aboi
underground conditions or other job conditions is for Contractor's convenienc
only, and City does not warrant that the conditions are as thus indicate(
Contractor is satisfied with all job conditions, including underground conditio1
and has not relied on information furnished by City.
4. a
5.
0
6. Contractor Responsible for Unforeseen Conditions. Contractor shall t
responsible for all loss or damage arising out of the nature of the work or fro]
the action of the elements or from any unforeseen difficulties which may arise c
be encountered in the prosecution of the work until its acceptance by the Cit
Contractor shall also be responsible for expenses incurred in the suspension c
discontinuance of the work. However, Contractor shall not be responsible fc
reasonable delays in the completion of the work caused by acts of God, storrr
weather, extra work, or matters which the specifications expressly stipulate wi
be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves diggin
trenches or other excavations that extend deeper than four feet below the surfac
Contractor shall promptly, and before the following conditions are disturbec
notify City, in writing, of any:
A.
7.
Material that Contractor believes may be material that is hazardous wastc
as defined in Section 25117 of the Health and Safety Code, that is require
to be removed to a Class I, Class 11, or Class 111 disposal site in accordanc
with provisions of existing law. e
9/13/91 Re @
1
Subsurface or latent physical conditions at the site differing from thos
indicated.
Unknown physical conditions at the site of any unusual nature, differer
materially from those ordinarily encountered and generally recognized E
inherent in work of the character provided for in the contract.
B. 0
C.
City shall promptly investigate the conditions, and if it finds that the conditior
do materially so differ, or do involve hazardous waste, and cause a decrease c
increase in contractor's costs of, or the time required for, performance of any pal
of the work shall issue a change order under the procedures described in th
contract.
In the event that a dispute arises between City and Contractor whether th
conditions materially differ, or involve hazardous waste, or cause a decrease c
increase in the contractor's cost of, or time required for, performance of any pal
of the work, contractor shall not be excused from any scheduled completion dat
provided for by the contract, but shall proceed with all work to be performe
under the contract. Contractor shall retain any and all rights provided either b
contract or by law which pertain to the resolution of disputes and protesl
between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, ordt
changes, modifications and extra work by issuance of written change order:
Contractor shall make no change in the work without the issuance of a writte
change order, and Contractor shall not be entitled to compensation for any extr
work performed unless the City has issued a written change order designating i
advance the amount of additional compensation to be paid for the work. If
change order deletes any work, the Contract price shall be reduced by a fair an
reasonable amount. If the parties are unable to agree on the amount (
reduction, the work shall nevertheless proceed and the amount shall b
determined by litigation. The only person authorized to order changes or extr
work is the Project Manager. The written change order must be executed by th
City Manager or the City Council pursuant to Carlsbad Municipal Code Sectio
3.28.172.
Immigration Reform and Control Act. Contractor certifies he is aware of th
requirements of the Immigration Reform and Control Act of 1986 (8 US
Sections 1101-1525) and has complied and will comply with these requirement,
including, but not limited to, verifying the eligibility for employment of a
agents, employees, subcontractors, and consultants that are included in th
Contract.
8. 0
9.
a
9/13/91 Re @
a
Prevailing Wane. Pursuant to the California Labor Code, the director of 13
Department of Industrial Relations has determined the general prevailing rate (
per diem wages in accordance with California Labor Code, Section 1773 and
copy of a schedule of said general prevailing wage rates is on file in the office (
the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant i
California Labor Code, Section 1775, Contractor shall pay prevailing wage
Contractor shall post copies of all applicable prevailing wages on the job site.
Indemnification. Contractor shall assume the defense of, pay all expenses (
defense, and indemnify and hold harmless the City, and its officers am
employees, from all claims, loss, damage, injury and liability of every kind, nattu
and description, directly or indirectly arising from or in connection with tk
performance of the Contractor or work; or from any failure or alleged failure (
Contractor to comply with any applicable law, rules or regulations includir
those relating to safety and health; except for loss or damage which was cause
solely by the active negligence of the City; and from any and all claims, 10s
damages, injury and liability, howsoever the same may be caused, resultir
directly or indirectly from the nature of the work covered by the Contract, unle:
the loss or damage was caused solely by the active negligence of the City. Tk
expenses of defense include all costs and expenses including attorneys fees fc
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contrac
insurance against claims for injuries to persons or damage to property which mz
arise from or in connection with the performance of the work hereunder by tl-
Contractor, his agents, representatives, employees or subcontractors.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types (
coverages and minimum limits indicted herein:
1. Comprehensive General Liability Insurance:
10. a
11.
12. 0
$1,000,000 combined single limit per occurrence for bodily injur
and property damage.
separate aggregate in the amounts specified shall be established fc
the risks for which the City or its agents, officers or employees a
additional insureds.
If the policy has an. aggregate limit,
2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury an
property damage.
Workers’ Compensation and Employers’ Liability Insurance:
Workers’ compensation limits as required by the Labor Code of tl-
State of California and Employers’ Liability limits of $1,000,000 pt
incident.
3. e
9/13/91 Re Q4
2
(B) ADDITIONAL, PROVISIONS - Contractor shall ensure that the policies ( insurance required under this agreement contain, or are endorsed 1
contain, the following provisions. General Liability and Automobi
Liability Coverages:
1.
a
The City, its officials, employees and volunteers are to be covere
as additional insureds as respects: liability arising out of activitit
performed by or on behalf of the Contractor; products an
completed operations of the contractor; premises owned, leasec
hired or borrowed by the contractor. The coverage shall contaj
no special limitations on the scope of protection afforded to tk
City, its officials, employees or volunteers.
The ContractoJs insurance coverage shall be primary insurance i
respects the City, its officials, employees and volunteers. Ar
insurance or self-insurance maintained by the City, its official
employees or volunteers shall be in excess of the contract01
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shz
not affect coverage provided to the City, its officials, employees (
volunteers.
Coverage shall state that the contractor's insurance shall app
separately to each insured against whom claim is made or suit
brought, except with respect to the limits of the insurer's liabilit
(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims madl
basis, coverage shall be maintained for a period of three years following tl
date of completion of the work.
(D) NOTICE OF CANCELLATION - Each insurance policy required by th
agreement shall be endorsed to state that coverage shall not be suspende
voided, canceled, or reduced in coverage or limits except after thirty (3(
days' prior written notice has been given to the City by certified ma
return receipt requested.
2.
3.
4.
e
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S*I.R.) LEVELS - AI
deductibles or self-insured retention levels must be declared to ar
approved by the City. At the option of the City, either: the insurer slx
reduce or eliminate such deductibles or self-insured retention levels i
respects the City, its officials and employees; or the contractor shall procu
a bond guaranteeing payment of losses and related investigation, clai
administration and defense expenses. e
9/13/91 Re @
2
(F) WAIVER OF SUBROGATION - All policies of insurance required under thi agreement shall contain a waiver of all rights of subrogation the insure
may have or may acquire against the City or any of its officials c
employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements fc
each subcontractor. Coverages for subcontractors shall be subject to all c
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurei that have a rating in Best's Key Rating Guide of at least A:V, as specified b
City Council Resolution No. 90-96.
VERIFICATION OF COVERAGE - Contractor shall furnish the City wit
certificates of insurance and original endorsements affecting coverag
required by this clause. The certificates and endorsements for eac
insurance policy are to be signed by a person authorized by that insurer t
bind coverage on its behalf. The certificates and endorsements are to be i
forms approved by the City and are to be received and approved by the Cit
before work commences.
COST OF INSURANCE - The Cost of all insurance required under th
agreement shall be included in the Contractor's bid.
a
(I)
(J) 0
13. Claims and Lawsuits. All claims by Contractor for $375,000 or less shall E
resolved in accordance with the provisions in the Public Contract Code, Divisio
2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which a
incorporated by reference. All claims over $375,000 shall comply with tk
Government Tort Claims Act (Section 900 et seq of the California Governme1
Code) for any claim or cause of action for money or damages prior to filing an
lawsuit for breach of this agreement.
Maintenance of Records. Contractor shall maintain and make available at no COI
to the City, upon request, records in accordance with Sections 1776 and 1812 (
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does nc
maintain the records at Contractois principal place of business as specific
above, Contractor shall so inform the City by certified letter accompanying tk
return of this Contract. Contractor shall notify the City by certified mail of ar
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit
Section 1720 of the Labor Code are incorporated herein by reference.
14.
15. a
9/13/91 Re @
2
Security. Securities in the form of cash, cashieis check, or certified check ma
be substituted for any monies withheld by the City to secure performance of th
contract for any obligation established by this contract. Any other security th:
is mutually agreed to by the Contractor and the City may be substituted fc
monies withheld to ensure performance under this Contract.
Affirmative Action. Contractor certifies that in preforming under the purcha:
order awarded by the City of Carlsbad, he will comply with the County of Sa
Diego Affirmative Action Program adopted by the Board of Supervisors, includir
all current amendments.
Provisions Required bv Law Deemed Inserted. Each and every provision of la
and clause required by law to be inserted in this Contract shall be deemed to 1
inserted herein and included herein, and if, through mistake or otherwise, ar
such provision is not inserted, or is not correctly inserted, then upon applicatic
of either party, the Contract shall forthwith be physically amended to make su(
insertion or correction.
16. 0
17.
18.
...e
*DO*
..OD
0
....
...e
e...
e...
... D
...e
....
....
....
....
.... 0
9/13/91 Rc @
X w J
<
, personally known to me or
L proved to me on the basis of satisfactory evidence to be
+ the person-whose name i -5 subscribed to the
exe- within instrument and acknowledged that n i $e
cuted the same.
WITNESS my hand and official seal.
'I
i
Signature / h/z+////l ~
fij0tap.y W!ic - Caiifornja
CSrn,:?7 Exp ;#jay ;7, $99:
m=?3iww-a? zz5zz3%--
(This area for official notarial seal)
2
Additional Provisions. Any additional provisions of this agreement are set fort
in the "General Provisions" or "Special Provisions" attached hereto and made
part hereof.
19.
m
j+ cx 14AR 4r c@/v5^rl2jBg_~OPd
NOTARIAL ACKNOWLEDGEMENT OF Contractor
EXECUTION BY ALL SIGNATORIES
MUST BE ATI'ACHED
(CORPORATE SEAL)
XR4i fi8&/+4f@r
Print Name of Signatory
- APPROVED TO AS TO FORM:
Print Name of Signatory
VINCENT F. BIONDO, JR. __ City Attorney
By:
Signature of Signatory
5;iE &Jfi.h5i?.
I Title
L Deputy LR. City Attorney 111 L >/?Z.
k ATTEST:
I
&- y-4 *
9/13/91 Re @
BOND #1202233 PREMI UM INCLUDED24
IN PERFORMANCE BON LABOR AND MATERIAIS BOND
WHEREAS, the City Council of the C;ty of CarXsbad, State of California, by Resolution No
(hereinafter designated as the "Principal"), i
".
91-382 I) adopted December 3, 1991 , has awarded to Abahari Construction
Contract for:
CARLSBAD BOULEVARD FENCE REPLACFMENT
COmm NO. 3355
in the City of Carisbad, in strict conformity with the drawings and specifications, and 0th
Contract Documents now on He in the Office of the City Clerk of the City of Cmkbad anc
all of which are incorporated herein by tbis referace.
WHEREAS, Principal has executed or is about to execute said Contract and the term
thereof require the furnisfiing of a bond, providing that if principal or my of th&
subcontractors shall fail to pay for any materials, provisions, provender or other supplie!
or teams used in, upon or about the performance of the work agreed to be done, or for a113
work or labor done thereon of any kind, the Surety on this bond will pay the same to th
extent hereinafrer set forth.
NOW, WEREFORE, WE, A bq ha r i Construct ion ,a: Principal, (hereinafter designated as the "Contractor"), and EXPLORER I NSURANCE COMPAN
as Surety, are held fidy bound unto the City of Carlsbad iri the sum o
Forty-three thousand seven hundred thirty-five------------------------------
Dollars ($ 43,735 00 I, said sum being fifty percent (50%) of the estimate(
amount payable by &e Ciry of Cadsbad under the terms of the Contract, for whid
payment well and truly to be made we bind ourselves, our heirs, executors am
administrators, successors, or assigns, jointly and severally, fidy by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH rhat if the person or hidhe.
subcontractors fail to pay for any materials, provisions, provender, supplies, or teams use(
in, upon, for, or abour the performance of the work contracted to be done, or for any sthe
work cir labor hereon of any kind, or for amounts due trnder the Uneap!oymmt Xnsumnc!
Code with respect to such work or tabor, QX for any amounts required to be ded~~~ad
wirhhdd, and paid over to the Employment Development Department fioffi the wa
employees of the contractor and subcontractors pursuant to Section 13020 of &i
Unemployment insurance Code with respect to such work and labor that the Smety d
pay for the same, not to exceed the sum specified in the bond, and, dsq in -e ~r i
brought upon the band, costs and reasonable expenses and fees, including reasonablr
attorney's fees, ro be fixed by the cow, as required by the provisions of Sectian 3248 o
the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and eoqom~on
entitled ro file claims under Title 15 of Part 4 of Division 3 of the CiviI Code (eonmencin;
with Section 3082).
a
a ++a
9/23/91 Re1 @
CAT. NO. "00627 TO 1944 CA (9-84) g TICOR TITLE INSURANCE
(Individual)
1 1 =- STATE OF CALIFORNIA
COUNTY OF [i,, /JA/L,~.
On ~Lt&/g,/3~ y '2 /J /oqi before me, the undersigned, a Notary Public in and 6
said State, personally appeared ,k .p A T ,&.- /: h/ &T ( t W
i.
a w X
W J <
, personally known to me or
n proved to me on the basis of satisfactory evidence to be
+ - the person-whose name J" T subscribed to the
within instrument and acknowledged that & exe-
cuted the same.
WITNESS my hand and official seal. Moixy Pubiic - Cz!ifarreia
ORANGE COUNTY
gv Comn. Exp. :+kg, 17, 3995 ,/ Signature /f
(This area for official notarial seal)
1~~~XAXXXX1XXX~1XXX1SXS~~~~~~SSSXXXXSSSX~XXSSSXSSSXXX~XXXXX~*~SXX~X
I
* STATE OF CALIFORN-IA, COUNTY OF SAN BERNARDINO
X
X On this 30TH day of DECEM3 ER 19 - 91 Before me a
x me a Notary Pu'tslic, within and for the said County and State,
x personally appeared KIM M. WALKER
* Personally known to me (or proved to me on the basis of satisfac
'X evikence) to Be the pepson whose name is subscriI5eC to the withf
* instrument as the Attorney--In-Pact of and for the EXPLORER -1NSUR = COMPANY, and acknowledged to me that he suBsc~iUed the name of t.
s aPLOXER -INSURANCE COMPANY theyeto as Surety, and his own name a
x AttoPney--In-Fact,
t
i I/ ,, 4J p,
j, I- -
,& /-.i., ,'L.*,L 1' I j ~ /&+,+.i ,-yi,i.. a,+\ i
x* 4r MJ~Y Commission Expires ~eru2ry 20, j.9~ z Notary PuBlic
x 09*CB868n*OBC3~*0fUW~C~~:~~~~~~~*~~~~~~~~~
*~rrrr*------------r--rr----------------~----**~***~~*~~~~~~~~~~~~*~~~*~
25
In rhe event that Contractor is an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from it5 obligations under rhis bond.
Fxecuted by CONTRAC=TOR this Execured by SURETY this 30TH day of
*.
,192. DECEMBER day of _. 3 19--
CONTRACTOR SURETY: .
ABGHARI CONSTRUCTION EXPLORER INSURANCE COMPANY -
I (Name of Contractor) (Name of Surety}
1 By: By:
, . IRAJ &m?%MJ- KIM M. WALKER
< (print name here) P&ted name of Attorney-h-Fact
t
a SOLE ObNE/-c (attach corporate ressiution showkg
I (iitk and organization of signatory) current power of attorney]
By:
(sign here) w
(print name here)
(title and organization of signatory]
proper notarial acknowledge of execution by CONTRACTOR and SURETY must be anachedl.)
(President or vice-president and secrerary or assistant secretary mus: sign for co~ratkmm 1%: ody oni
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary wde
corporate sed empowering that officer to bind the corporarim.)
I
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. 5
I avL By: 0. &-
K.A€EN J* WIRATA I// 3/92 Deputy City Attorney
w
9/13/91 Rev @
a
I Explorer Insurance Company
HOME OFFICE SAN DIEGO, CALIFORNIA Certified Copy of
0 POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existins laws of the State of APIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute an
Kim M. Walker
its true and lawful Attorney@)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acl
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution ado6 Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985,
Resolution has not been amended or rescinded and of which the following isatrue, full, and completecopy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on bc
Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorn! and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such I Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these pre:
signed byitsdulyauthorized officers this . lst day of Februaq, 199 1
EXPLORER INSURANCE COMPANY (=jJ -E/A I
SEAL- g s%o,, 6 *
>Of k+ President STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss:
199 On this 1st day of FebruarytSefore &e subscriber, a Notary Publicof the Stateof California, in and for the Countyof duly commissioned and qualified, came Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known tl dividual and officer described in and who executed the preceding instrument, and heacknowledged the execution of the same, and b8
duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding in
the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I Seal, at the City of San Diego, the day and year
written.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1, the undersigned, James W. Austin, 111, of the EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER 1
NEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corpor 30TH dayof DECEMBER 19 91
EXPLORER INSURANCE COMPANY 0 SEAL- g LJ, c& -2 9-7 Secretary u, %oo,, 4% .$
d.1 kd
0
EX? CAL 37
BOND #1202233
PREMI UM $2,624. OC
'ORB ~~~~~~~~ BASED 01 21
FiWAL 68"bRACT PRICE IO PERF OW^ BOND
WHEREAS, the City Council of the Ciry of Carkbad, State of Califonlia, by Resolution No
91-382, adopted December 3, 1991 j has awarded to Abghari
, (hereinafter designated as the "Principal"), a Contract for Construction
CARLSSAD BOULEVARD FENCE REPLACEMENT
CONTRACT NO. 3355
in the City of Carlsbad, in strict conformity with he contract, &e hwkgs an(
specificatims, and other Contract Dements now on file in the Office of the City Clerk o
the City of Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the term!
thereof require the furnishing of a bond for the faithful performance of said Contract;
NOW, WEREFORE, WE, Abghari Construction , as principd
(hereinafter designated as the "Contractor"), andEXPLoRER I NS UWNCE COM PWY. ,a Surety, are held and fidy bound unto the City of Carkbacl, in the sum of Eiahty-se\ >, said sum beiq
equal to one hundred percent (100%) of the estimated amount of the Contract, to be pak
to City or its certain attorney, its success~rs and assigns; for which payment, well and trial:
to be made, we bind ourselves, our heirs, executors and administrators, successors o
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Conmcror
their heirs, executors, adminisYators, successors or assigns, shall in all things stand to anc
abide by, and we11 and truly keep and perfom the covenants, conditions, and agreement in the Contract and any alteration thereof made as therein provided on their part, to bi
kept and perfamed at the &,e and in the manna therein specified, and in all respect
according to their true intent and meaning, and shd indemnify and save harmless the Cir
of Carlsbad, its officers, employees and agenrs, as therein stipulated, then this obligatio!
shall become null and void; otherwise ir shall remain in full force and &kt.
As a part of the obligation secured hereby and in addition to the face amount specifiec
therefor, there shall be included costs and reasonable expenses and fees, hcludin
reasonable attorney's fees, inmed by the City in successfulty enforcing such obligauor
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to th
terms of the Contract, or to rhe work to be performed thereunder or the specificanon
accompanying the same shall affect its obligations on this bund, and it does hereby waiv
notice of any change, extension of time, alterations or addition to the tern of th
Contract, or to the work or to the specifications.
thousand four hundred seventy-------- Dollars ($ 87,470.00
e
a
9/13/91 Re? dE)
I w , personally known to me or 2 . proved to me on the basis of satisfactory evidence to be
b the person-whose name I ,\. subsc ibed to the
within instrument and acknowledged that X-C exe-
cuted the same.
WITNESS my hand and official seal.
1- <
Signature JZ/ /zzz-' -- /=" ;/
.i
R'\l'otar~ $ut!ie - csijfornia
OR.&!%E @o[jr4fT'y'
Cnmn?. Exp. ?day 43,2993
(This area for official notarial seal)
2;
In the event that Contractor is an individual, it is agreed that the death of any sud
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this -,,
w
Executed by SURETY this 30TH day of
,19 2. day of . ,19-. DECEMBER
CONTRACTOR: SURETY:
ABGHARI CONSTRUCTION EXPLORER INSURANCE COMPANY
(Name of Contractor)
By: By: -
(Name of Surety)
1.
1 KIM M. WALKER
b ZRAj flB@h'ARZ ATTORNEY-IN-FACT
(print name here) Printed name of Attorney-in-Fact
I SOLE QddAJEfl (attach corporate resolution. showiry (tide and organization of signatory] current power of attorney) e:
# BY: (sign here)
(print name here)
(title and organization of signatory]
@roper notarial acknowicdge of execution by CONTRACTOR and SUMV must be a~aehe$]
I (Presidenr or vice-presidenr and secrerary or assistant secretary musr sign for coqom~on~. If only 0111
&cer signs, the corporarion must attach a resoiurion certified by the secretary or assistm$ sxreraz-y wde
cos-pvrate seal empowering that officer to bind the corporation.) +
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City tto ey
By: LQL*
KAREN J. HIRAT.4 I/, 3/92 al) Deputy City Attorney
9/13/91 Rev @
3.
a Explorer Insurance Company
HOME OFFICE SAN DIEGO, CALIFORNIA Certified Copy of a POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existinc laws of the State of AFIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute an(
Kim M. Walker
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acb
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adoF
Board of Directors of the EXPLORER INSUWNCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985,l
Resolution has not been amended or rescinded and of which the following is a true, full, and completecopy:
"RESOLVED That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on bc
Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attornc
and revoke the Power of Attorney given him or her; and be it further
RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such P Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.'
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these pre: - signed byitsdulyauthorized officers this lst day of February, 1991
EXPLORER INSURANCE COMPANY 0 -flyA -
5%oMa 4% a
+L b.6 President STATE OF CALIFORNIA e) COUNTY OF SAN DIEGO ss:
199 On this 1s t day of Februarytpfore &e subscriber, a Notary Public of the State of California, in and for the County of duly commissioned and qualified, came Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known 11 dividual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and bl
duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding in:
the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and
to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I Seal, at the City of San Diego, the day and year
written.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ,
I, the undersigned, James W. Austin, 111, of the EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER 1 NEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corpor
30TH dayof DECEMBER 19 91
EXPLORER INSURANCE COMPANY 0 5% QOWonrr SEAL- 4% * g LJ, Secretary cz& -7 -
2.1 kt@
0
EX? CAL 37
WOODY JONES INSURANCE AGENCY
IRVINE, CA 92715
e172 DUPONT DR., STE. STEll
ABGHARI CONSTRUCTION
23921 ROSEHEDGE
MISSION VIEJO, CA 97691
COMPREHENSIVE FORM
1500 31 52 PRODUCTS/COMPLETEO OPERATIONS
INDEPENDENT CONTRACTORS
BROAD FORM PROPERlY DAMAGE
PERSONAL INJURY
ALL OWNED AUTOS (PRIV PASS )
ALL OWNED AUTOS ( $iy$R&!$N) 1500 31 52
NON-OWNED AUTOS
GARAGE LIABILITY
CARLSBAD BOULEVARD WHALE WATCH FENCE - PROJECT N0.3355
CARLSBAD, CA 92008-1989
mrir~p FF r;rrnnF R vrnrZgry1 CF-VF~ 1 1111
Q ,- a
STATE CO M PEN SAT IO N INSURANCE
P.O. BOX 807, SAN FRANCISCO, CA 94101-0807
' @ Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
i' 6. 1 -_ 9 " POLICY NUMBER:
CERTIFICATE EXPIRES: -
-
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the Californi
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by th
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document wit
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policic
described herein is subject to all the terms, exclusions and conditions of such policies.
-
a &LE!?
-
EMPLOY E R
r
L
COPY FOR INSURED'S FILE SClF 10262 (REV 10-86)
2
OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
a
This Escrow Agreement is made and entered into by and between the City of Carlsba
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinaftc
called "City" and who:
address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agrc
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the optic
to deposit securities with Escrow Agent as a substitute for retention earnin1
required to be withheld by City pursuant to the public works contract enterc
into between the City and Contractor for in tf
amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attached i
Exhibit "A". When Contractor deposits the securities as a substitute for Contra(
earnings, the Escrow Agent shall notify the City within ten (10) days of tf
deposit. The market value of the securities at the time of the substitution sha
be at least equal to the cash amount then required to be withheld as retentic
under the terms of the Contract between the City and Contractor. Securities sha
be held in the name of City of Carlsbad and shall designate the Contractor as tf
beneficial owner. Prior to any disbursements, Escrow Agent shall verify that tf
present cumulative market value of all securities substituted is at least equal 1
the cash amount of all cumulative retention under the terms of the Contract.
The City shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contra1
provisions, provided that the Escrow Agent holds securities in the form ar
amount specified above.
Alternatively, the City may make payments directly to Escrow Agent in tf
amount of retention for the benefit of the City until such time as the escro
created hereunder is terminated.
Contractor shall be responsible for paying all fees for the expenses incurred 1
Escrow Agent in administering the escrow account. These expenses any paymei
terms shall be determined by the Contractor and Escrow Agent.
0
2.
3.
4.
0
9/13/91 Re 68
2
The interest earned on the securities or the money market accounts held i
escrow and all interest earned on that interest shall be for the sole account (
Contractor and shall be subject to withdrawal by Contractor at any time and fro1
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in th
Escrow Account only by written notice to Escrow Agent accompanied by writte
authorization from City to the Escrow Agent that City consents to the withdraw;
of the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default E
the Contractor. Upon seven (7) days written notice to the Escrow Agent fro1
the City of the default of the Contractor, the Escrow Agent shall immediate1
convert the securities to cash and shall distribute the cash as instructed by tE
City.
Upon receipt of written notification from the City certifying that the Contract(
has complied with all requirements and procedures applicable to the Contrac
Escrow Agent shall release to Contractor all securities and interest on deposit le:
escrow fees and charges of the Escrow Account. The escrow shall be close
immediately upon disbursement of all monies and securities on deposit an
payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and tf
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement ar:
the City and Contractor shall hold Escrow Agent harmless from Escrow Agent
release and disbursement of the securities and interest as set forth in Sections
thru 8 and 10.
5. a
6.
7.
8.
9.
e
e...
.0..
....
....
....
....
....
....
.... 0
9/13/91 Re @
31
The names of the persons who are authorized to give written notices or t
receive written notice on behalf of the City and on behalf of Contractor i
connection with the foregoing, and exemplars of their respective signatures ar
as follows:
For City: Title
10. 0
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
0
e
9/13/91 Re @
3
At the time the Escrow Account is opened, the City and Contractor shall deliver to th
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper office]
on the date first set forth above.
0
For City: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address 0 For Escrow Agent: Title
Name
Signature
Address
a
9/13/91 Re @
3
RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensatic
of whatever nature due the Contractor for all labor and materials furnished and for a
work performed on the above-referenced project for the period specified above with tf
exception of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
0
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may hav
of whatever type or nature, for the period specified which is not shown as a retentic
amount of a disputed claim on this form. This release and waiver has been ma(
voluntarily by Contractor without any fraud, duress or undue influence by any person (
entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, ar
work due Subcontractors for the specified period have been paid in full and that the partic
signing below on behalf of Contractor have express authority to execute this release.
DATED:
0
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By:
Title:
By: a Title:
9/13/91 Re @
3
SPECIAL, PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CON!XRUCI'ION
0
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Worl
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designate
"SSPWC", as issued by the Southern California Chapter of the American Public Worl
Association, and as amended by the Special Provisions section of this contract.
The Construction Plans consist of 2 sheet(s) designated as City of Carlsbad Drawing Nc
320-5. The standard drawings utilized for this project are the latest edition of the Sa
Dieno Area Renional Standard Drawings, hereinafter designated SDRS, as issued by the Sa
Diego County Department of Public Works, together with the City of Carlsba
Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed wit
these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer
direction, the Contractor shall obtain and distribute the necessary copies of suc
instruction, including two (2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawinns:
The Contractor shall provide and keep up-to-date a complete "as-built" record set 1
transparent sepias, which shall be corrected daily and show every change from the origin
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipmer
underground piping, valves, and all other work not visible at surface grade. Prints for th
purpose may be obtained from the City at cost. This set of drawings shall be kept on tl
job and shall be used only as a record set and shall be delivered to the Engineer upc
completion of the work.
0
a
9/13/91 Re @
3f
3-5 DISPUTED WORK
To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with th(
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.1
(commencing with Section 20104) which is set forth below:
0
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
5 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-fiv
thousand dollars ($375,000) or less which arise between a contractor and a local agencj
(2) This article shall not apply to any claims resulting from a contract between
contractor and a public agency when the public agency has elected to resolve any dispute
pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civ
Code, except that "public workf does not include any work or improvement contracted fc
by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (E
payment of money or damages arising from work done by or on behalf of the contractc
pursuant to the contract for a public work and payment of which is not otherwise express1
provided for or the claimant is not otherwise entitled to, or (C) an amount the paper
of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans c
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
5 20104.2. Claims; requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate th
claim. Claims must be filed on or before the date of final payment. Nothing in th
subdivision is intended to extend the time limit or supersede notice requirements otherwis
provided by contract for the filing of claims. a
9/13/91 Re @
3
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency sha
respond in writing to any written claim within 45 days of receipt of the claim, or ma
request, in writing, within 30 days of receipt of the claim, any additional documentatio
supporting the claim or relating to defenses or claims the local agency may have again
the claimant.
(2) If additional information is thereafter required, it shall be requested and provide
pursuant to this subdivision, upon mutual agreement of the local agency and the claiman
(3) The local agency’s written response to the claim, as further documented, shall b
submitted to the claimant within 15 days after receipt of the further documentation c
within a period of time no greater than that taken by the claimant in producing tk
additional information, whichever is greater,
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to thrc
hundred seventy-five thousand dollars ($375,000), the local agency shall respond i
writing to all written claims within 60 days of receipt of the claim, or may request, i
writing, within 30 days of receipt of the claim, any additional documentation supportin
the claim or relating to defenses or claims the local agency may have against the claiman
(2) If additional information is thereafter required, it shall be requested and provide
pursuant to this subdivision, upon mutual agreement of the local agency and the claiman
(3) The local agency’s written response to the claim, as further documented, shall t
submitted to the claimant within 30 days after receipt of the further documentation,
within a period of time no greater than that taken by the claimant in producing tl
additional information or requested documentation, whichever is greater.
0
(d) If the claimant disputes the local agency’s written response, or the local agency fa
to respond within the time prescribed, the claimant may so notify the local agency,
writing, either within 15 days of receipt of the local agency’s response or within 15 da
of the local agency’s failure to respond within the time prescribed, respectively, ai
demand an informal conference to meet and confer for settlement of the issues in disput
Upon a demand, the local agency shall schedule a meet and confer conference within :
days for settlement of the dispute.
(e) If following the meet and confer conference the claim or any portion remains
dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Sectic
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1
the Government Code. For purposes of those provisions, the sunning of the period of tir
within which a claim must be filed shall be tolled from the time the claimant submits 1
or her written claim pursuant to subdivision (a) until the time the claim is denie
including any period of time utilized by the meet and confer conference.
0
9/13/91 Rr @
3
2 20104.4. Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subjec 0
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsit
pleadings, the court shall submit the matter to nonbinding mediation unless waived I:
mutual stipulation of both parties. The mediation process shall provide for the selectio
within 15 days by both parties of a disinterested third person as mediator, shall t
commenced within 30 days of the submittal, and shall be concluded within 15 days fro1
the commencement of the mediation unless a time requirement is extended upon a goc
cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratic
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of tl-
Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Ch
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title
of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under th
subdivision consistent with the rules pertaining to judicial arbitration.
(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced 1
construction law, and (B) any party appealing an arbitration award who does not obta;
a more favorable judgment shall, in addition to payment of costs and fees under th
chapter, also pay the attorney’s fees on appeal of the other party.
§ 20104.6. Payment by local agency of undisputed portion of claim; interest on
arbitration award or judgment
(a) No local agency shall fail to pay money as to any portion of a claim which
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the leg
rate on any arbitration award or judgment. The interest shall begin to accrue on the da
the suit is filed in a court of law.
2 20104.8. Duration of article; application of article to contracts between Jan. 1,19S
and Jan. 1,1994
(a) This article shall remain in effect only until January 1, 1994, and as of that date
repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletc
or extends that date.
0
9/13/91 Re @
3
(b) As stated in subdivision (c) of Section 20104, any contract entered into betwee
January 1,1991, and January 1,1994, which is subject to this article shall incorporate th
article. To that end, these contracts shall be subject to this article even if this article
repealed pursuant to subdivision (a).
4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representativ
The Engbeer shall have free access to any or all parts of work at any time. Contract(
shall furbish Engineer with such information as may be necessary to keep her/him ful
informed regarding progress and manner of work and character of materials. Inspectic
of work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans I
specifications upon written order by the Engineer. Any cost caused by reason of th
nonconforming work shall be borne by the Contractor.
0
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known recorc
endeavored to locate and indicate on the Plans, all utilities which exist within the limj
of the work. However, the accuracy of completeness of the utilities indicated on the Pla:
is not guaranteed.
54 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including semi
connection, desired by the Contractor for his/her own convenience shall be the Contract0
own responsibility, and he/she shall make all arrangements regarding such work at no cc
to the City. If delays occur due to utilities relocations which were not shown on the Plar
it will be solely the City's option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties
relocate utilities which interfere with the construction, the Contractor, upon request to t
City, may be permitted to temporarily omit the portion of work affected by the utility. T
portion thus omitted shall be constructed by the Contractor immediately following t
relocation of the utility involved unless otherwise directed by the City. a
9/13/91 Rc €B
3,
6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
0
1. The prime contractor is required to prepare in advance and
submit at the time of the project preconstruction meeting a
detailed critical path method (CPM) project schedule. This
schedule is subject to the review and approval of the City.
2. The schedule shall show a complete sequence of
construction activities, identlfying work for the complete
project in addition to work requiring separate stages, as well
as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50%
and 90% completion, and any other major construction
milestones, materials and equipment manufacture and
delivery, logic ties, float dates, and duration.
The prime contractor shall revise and resubmit for approval
the schedule as required by City when progress is not in
compliance with the original schedule. The prime
contractor shall submit revised project schedules with each
and every application for monthly progress payment
identifying changes since the previous version of the
schedule.
3.
0
. 4. The schedule shall indicate estimated percentage of
completion for each item of work at each and every
submission.
The failure of the prime contractor to submit, maintain, or
revise the aforementioned schedule (s) shall enable City, at
its sole election, to withhold up to 10% of the monthly
progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the
prime contractor and approved by City as to completeness
and conformance with the aforementioned provisions.
5.
No changes shall be made to the construction schedule without the prior written approv;
of the Engineer. Any progress payments made after the scheduled completion date sha
not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflictir
utilities shall be requirements prior to commencement of work by the Contractor- 0
9/13/91 Re @
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6-7 TIME OF COMPLETION
The Contractor shall begin work within
to Proceed" and shall diligently prosecute the work to completion within
consecutive days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. ar
sunset, from Mondays through Fridays. The contractor shall obtain the approval of tk
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission (
the Engineer, This written permission must be obtained at least 48 hours prior to SUC
work. The Contractor shall pay the inspection costs of such work.
10 calendar days after receipt of the "Notic 0
45
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completioi
and any faulty work or materials discovered during the guarantee period shall be repairc
or replaced by the Contractor, at his expense.
6-9 LIOUIDATED DAMAGES 0
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $300 per d:
for each day beyond the completion date as liquidated damages for the delay. AI
progress payments made after the specified completion date shall not constitute a waiv
of this paragraph or of any damages.
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide 1
at least A:V and are authorized to conduct business in the state of California.
74 WORKERS' COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide
at least A:V and are authorized to conduct business in the state of California. 0
9/13/91 Re @
4
7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-wa
grading, and building permits necessary to perform work for this contract on City propert
in streets, highways (except State highway right-of-way), railways or other rights-of-wa
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
0
7-8 PROJECT AND SITE I"AGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working da:
at the City's request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with muffle
in good repair when in use on the project with special attention to City Noise Contr
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safety and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the wo
and shall comply with all applicable provisions of Federal, State and Municipal safety lai
and building codes to prevent accidents or injury to persons on, about, or adjacent to tl
premises where the work is being performed. He/she shall erect and properly maintain
all time, as required by the conditions and progress of the work, all necessary safeguar
for the protection of workers and public, and shall use danger signs warning agair
hazards created by such features of construction as protruding nails, hoists, well holes, ai
falling materials.
0
9/13/91 Rt @
4
7-13 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation an
Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel bed
for use in the proposed construction project which would be subject to Section 1601 (
Section 1603 of the Fish and Game Code, such conditions or modifications establish€
pursuant to Section 1601 of the Fish and Game Code shall become conditions of tl-
contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
0
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amoui
of retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer PO perfor
necessary surveying for this project. Requirements of the Contractor pertaining to this ite
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include
cost of surveying service within appropriate items of proposal. No separate payment w
be made.
Contractor shall protect in place or replace all obliterated survey monuments as per Sectic
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencir
construction of surveyed item.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the constructic
under this contract. The Contractor shall contact the appropriate water agency fc
requirements. The contractor shall include the cost of water and meter rental with
appropriate items of the proposal. No separate payment will be made.
0
0
9/13/91 Re @
4
TECHNICAL SPECIFICATIONS
CARLSBAD BOULEVARD FENCE REPLACEMENT
0
ANODIZED ALUMINUM HANDRAIL
1. Fabrication
All anodized aluminum installation and fabrication shall conform to Standar
Specification for Public Works Construction, SSPWC 1988 Edition, and the:
provisions:
Anodized aluminum handrail shall be square and shall match existing anodize
aluminum rails on Carlsbad Boulevard just north of Cherry Avenue. A
completed aluminum railing units shall be anodized after fabrication conformin
to the requirements of the Aluminum Association Standard for Anodize
Architectural Aluminum Class I Anodic Coating AA-C22-A41 e
2. Installation
The railing shall be erected in holes formed by schedule 40 galvanized ste
sleeves provided in the concrete sidewalks to receive the railing posts.
No railing shall be erected on the structure until the sidewalk to which it is 1
be attached is completed and all falsework is removed.
The railing shall be erected true to line and grade. Posts and balusters shall E
vertical with the deviation from vertical for the full height of the panel nc
exceeding 1/16 inch.
After erecting the railing any abrasions or exposed aluminum or steel sleevc
shall be repaired in accordance with subsection 210.3.5. If galvanized ste
sleeves are to be grinded to be flush with the sidewalk, all exposed areas 1
sleeves shall be coated with Rust-oleum cold galvanizing compound.
0
3. Submittals
A. The Contractor shall submit to the City for approval, a sample of anodizf
aluminum railing to be used.
Shop drawings showing detail of anodized aluminum handrailing wi
complete dimensions.
B.
e
9/13/91 Re @
L
C. AU shop drawings shall be approved and certified by the Contractor that meets or exceeds the requirements of plans and specifications, prior
submittal to the City.
No fabrication shall commence until City approves sample of anodizt
railing and shop drawings.
0
D.
4. Measurement and Payment
The installed anodized aluminum railing will be measured by the hear foot fro
end to end along the face of railing, including terminal sections.
The price paid per linear foot for anodized railing in place shall include fi
compensation for furnishing all labor materials, tools, and equipment a~
performing all work involved in constructing the railing complete in place,
shown on the plans and specified herein.
CONCRETE SIDEWALK
The construction of sidewalks shall conform to Section 303-5.5.3 of Standard Specificatio
for Public Works Construction (SSPWC) and these provisions:
All areas to receive sidewalk shall be cleared of vegetation and deleterious material, ai
if required import, place, and compact suitable material to 95% maximum density. If 1
import is required, the Contractor shall compact the graded areas to 95% of maximu
density. After the completion of compaction, 4 x 4 - 10 x 10 welded wire mesh (WWD
shall be placed over the areas to receive sidewalk. All new sidewalks shall follow the cu
grade with 2% cross fall towards the existing lawn. The Contractor shall remove, relocai
or cap existing sprinklers as necessary to construct the sidewalks.
PAYMENT
The price bid for sidewalks shall include full compensation for all material, includij
possible import, labor, equipment, and incidentals required to construct the sidewalks p
plans and specifications and no other compensations will be made.
SOD
All graded areas between the new sidewalk and existing grass shall be prepared to recei
sod as shown on the plans.
PAYMENT
The price bid for sod shall include full compensation for all material, labor, equipment, ai
incidentals required to construct the sod per plans and specifications and no 0th @ payments will be made.
9/13/91 Rt @
221 1 West Orangewood Avenue
P. 0. Box 1649
Orange, CA 92668-0649
ALUMINUM TUBE RAILINGS INC.
San Gabriel, CA 91776
ALL OWNED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LlABlLlM
BWC220464
DESCRIPTION OF 0PERATK)NSILOCATIONSNEHlCLESlSPEClAL ITEMS
CERTIFICATE HOLDER IS ADDITIONAL INSURED UNDER GENERAL LIABILITY POLICY
RE. WHALE WATCH RAILING, HEMLOCK & CARLSBAD, CARLSBAD, CA.
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL SPU
MAIL 30 DAYS WRIlTEN NOTICE TO THE CERTIFICATE HOLDER NA CITY OF CARLSBAD ATTN: CITY CLER 495 OAK AVENUE CARLSBAD, CA. 92008
W&&&G- 6.&pA33ss
0
) 2080 )
CITY OF CARLSBAD )
)\
1
City Clerk 1
City of Carlsbad 1
Recording request a - y:
When recorded mail to: )'
1200 Carlsbad Village Drive )
Carlsbad, CA 92008 ) Space above for Recorder's Use
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
NOTICE OF COMPLETION
The undersigned is owner of the interest or estate stated below in the property t
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, 1
92008.
The nature of the titie of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed 11/03/92
The name of the contractor, if any, for such work of improvement is Abghari Cor
Incorporated.
The property on which said work of improvement was completed is in tt
Carlsbad, County of San Diego, State of California, and is described as follows:
Boulevard Fence Replacement, Project No. 3355.
The street address of said property is NONE. 8.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, , 19$2 accepted
I declare under penalty of perjury that the foregoing is true and correc
Executed on nm. /r , 192at Carlsbad, California.
CITY OF CARLSBAD
California, 92008; the City Council of said City on /dm . I7
described work as completed and ordered that a Notice of Completion be filed.
ALETHA L. RAUTENKRANZ
City Clerk
W w :,