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Academic Specialties Flooring Sales; 1979-12-04; 1074
CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS FOR REMOVAL AND INSTALLATION OF CARPET IN CITY HALL CONTRACT NO, 1074 OCTOBER, 1979 TABLE OF CONTENTS. PAGE ITEM ' 1 NOTICE INVITING BIDS 3 PROPOSAL 6 BIDDER'S BOND 7 DESIGNATION OF SUBCONTRACTORS . . • . 8 STATEMENT*OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE 9 CONTRACT 11 LABOR AND MATERIAL BOND .' 13 PERFORMANCE BOND 15 GENERAL PROVISIONS 19 SPECIAL PROVISIONS Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 p.m. on the 23rd day of _jOc_tp_ber , 19 79, at which time they will be opened and read for performing tlie work as follows: . REMOVAL AND INSTALLATION OF CARPET IN CITY HALL 1200 Elm Avenue - Contract No. 1074 Said work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Ref- erence is hereby made to said specifications for full particu- lars and description of said work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the amount of bid;- s-aid guaranty to be for- feited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid re- quirements. The documents included within the sealed bids which require completion and execution are the following: 1; Proposal 2. Designation of Subcontractors • 3. Bidder's Bond • 4. Bidder's Statements of Financial Responsibility, Technical Ability and Experience Said documents shall be affixed- with the appropriate no- tarized signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the presi- dent, or vice-president and secretary or assistant secretary are required and the corporate seal shall be affixed to all documents requiring signatures. In the case of a partnership, the signa- ture of at least one general partner is required. The following items must accompany the sealed bid documents: Name and address of the carpet § backing manufacturer(s) Manufacturer's specifications Samples and color charts Bids submitted without the above information will be considered non-responsive. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. N6.!bid:will abe accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Divi- sion 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the proposal. The estimated cost of the work is $14,400. Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to lice'nsed contractors for the first set. Additional sets are available for a non-refundable fee of $6.00 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. A project tour will be conducted by the City of Carlsbad Engineering Department at the City Hall, 1200 Elm Avenue on Friday, October 19, 1979 at 10:00 a.m. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the State of California Labor Code, Part 7, Chapter 1, Arti- cle 2, Sections 1770, 1773 and 1773.1. Pursuant to Section 1773.2 of said Labor Code, a current copy of applicable wage rates are on file in the Office of the City Clerk of the City 'of Carlsbad. It shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workers employed by him/he'r in the execution of the contract. " Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code of the State of California for all occupations with apprenticeships as required on public works projects -above thirty thousand dollars ($30,000) or twenty "(20) working days or for specialty contractors not bidding for work through general or prime contractor involving more than two thousand dollars ($2,000) or more than five (5) working days. The amount of the bond to be given for the faithful perform- ance of the contract for said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in the amount equal to. fifty percent (50%) of the contract price for said work shall be given to secure the payment of the claims for any material .or supplies furnished for the performance of the work contracted to be done by the contractor for any work or labor of any kind done thereon. • Partial and final payments on this contract shall be in ac- cordance with Section 9 of the 1979 edition of "Standard Specifi- cations for Public Works Construction." Approved by the City Council of the City of Carlsbad, Cali- fornia, by Resolution No. s5"?y3 adopted on the £*/o day of y?^? DATE '' ALETHA L. RAUTENKRANZ, Page 3 CITY OF CARLSBAD CONTRACT NO. 1074 * • REMOVAL AND INSTALLATION OF CARPF.T IN CITY HALL PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 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. 1074 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: Item Approximate Article with -Unit Price or No. Quantity '§. Unit Lump Sum Written in Words.. Unit Price TOTAL 7,500 S.F. ALTERNATE'A Remove existing carpet and install new carpet in City Hall with primary backing of polypropylene and secondary backing of foam rubber at . 7,500 S.F. Dollars Cents per lump sum. ALTERNATE B Remove existing carpet and install new carpet in City Hall with primary backing of polypropylene and secondary backing of jute at ' . J Dollars Cents per lump sum LUMP SUM LUMP SUM « "•• ^ \ ... Page 4 All bids are to be computed on the basis of the given es- timated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In "case of a dis- crepancy between words and figures, the words, shall prevail. In case of an error in the extension of a unit price, the cor- rected extension shall be calculated and the bids will be com- • puted as indicated above and compared on the basis of the cor- rected totals. The estimated quantities of work indicated in this proposal are approximate only,'being given solely as a basis for compari- son of bids. • The undersigned has checked carefully all of the above figures and understands that"the City will not be responsible for any errors or omissions on 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 poli- cies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or b.ond accompanying this bid shall become the property of the City of Carlsbad. . . Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, Li- cense No.' 'H'yi^hST > Identification 6- \£' -~ g-6 i The undersigned bidder hereby represents as follows: (1) That no Councilperson, 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 of- ficers, agents or employees, has induced him/her 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 \\rithout 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 (cash, certified check, bond or cashier's check) in an amount not less than ten percent (101) of the total bid price. The undersigned is a\\Tare of the provisions of Section 3700 of the Labor Code which require 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. There will be a prcbid opening conference for potential bidders to discuss plans and specifications with City staff on Friday,10/19/79 at 10:00 a.m.at City Engineering Department i?nn Flm Avonuo , Carlsbad. •'.* • C Page 5 Phone Number Date .y )PgC/A OXl Bidder's Name Authorized Signature*x ____ si QJI M ^W Bidder's Address Authorized Signature Type of Organization •(Individual, Corporation, Co- partnership) List belovv names of President, Secretary, Treasurer and Manager if a corporation, and names of all co-partners if a co-partnership: CLl (NOTARIZE OR CORPORATE.SEAL) STATE OF CALIFORNIA .COUNTY OF S.ar)...J).ie.g.o On ........................................ - ......... --— ................ , before me, the undersigned, a Notary Public of said county and state, i jrsonally appeared ______ ........ C an_dace.JJ_. ...Jll.B.1.1 IngtOJO ......................................................... known to *l4e to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me to be the* person who executed the within instrument on behalf of the corporation therein named, and Tacknowledged to me that such corporation executed the @S same OFFICIAL SEAL KATHERINEM. NAPIER NOTARY PUBLIC-CALIFORNIA SAN DIEGO, COUNTY to) Coma Expires 1-7-83 Notary Public STATE OF CALIFORNIA, COUNTY i* /vvvvvvwvvA*uv*Hivwww*HjtfVEwv%ni*>vE OFFICIAL SEAL M. CANDACE WELLINGTON NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY "My Commission Expires October 6,1980 ss. 19. before me, the undersigned, a Notary Public in and for said State, personally appeared to be the person whose name and acknowledged to me that he_ executed the same. WITNESS my hand and official seal. , known to me, -subscribed to the within Instrument,. "V ~ ' ' ' f Notary Public in and for said State. . ' BIDDER'S BOND TO ACCOMPANY'PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, Academic Specialties Flooring Sales , as Principal, and Fidelity & Deposit Company of Maryland , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of TEN PERCENT OF ATTACHED BID AMOUNT a*************** Dollars ($ ID.?: ) , laxvful money of the United States for the pay- ment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF- THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: REMOVAL § INSTALLATION OF CARPET IN CITY HALL CONTRACT NO. 1074 • . • . in.the City of Carlsbad, is accepted, by the City Council of said City, and if the r.bove-bounden 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 con- tract by the City Council of the City of Carlsbad, 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 amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an -individual, it is agreed that "the- death of any such Prin- -cipal shall not exonerate the Surety from its obligations under this bond. • IN WITNESS WHEREOF, we hereunto set our hands and seals this 53rd day of October , 19__Z3- !/''% . ' Academic Specialties Flooring Sales•• " • ''.• /,\ . J .Corppxate Seal (if corporation) . :• ••-• ... Principal ' ty & Deposit Company of Maryland / „ ... Uell'ing.ton. ., fc>ltle x.:,V\ttQrnpy-Tn-Fact (Notarial acknowledgement of exe- cution, by .all PRINCIPALS and be attached.) '4' * Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OfflCE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECQT, JR. ,Vice-President,and C. ¥. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident AssistantSecretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute onbehalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Candace M. Wellington of San Diego, GalJfora_ —La—.- its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings lie execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Candice M. Wellington, dated October 9, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this JU2LB1 -day of ac.lQb.er. ............. A.D. 19.76.._ FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: Assistant Secretary Vice-President STATE OF MARYLAND \ CITY OF BALTIMORE / ' On this 18th day of October , A.D. 19 76 . before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and AssistantSecretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers describedin and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixedto the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as suchofficers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. Notary Public Commission ExpiresI"BlxJU.J.9JS. CERTIFICATE \l, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the originalPower of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially av»;horized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of theFiDEATY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. "'' RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall bevalid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 23.HQ! day of—JLC-t-dbiaC _- 19 7 T LU1&—Ctf. 206396 •elory Page 7 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject, to the approval of the Public VJorks Administrator, and in accordance with applicable provisions of the specifications. No -changes may be made in these subcontractors except upon the prior approval of the Public Works Administrator of the City of Carlsbad. The following information is required for each subcontractor. Ad- ditional page can be attached if required. . . ' Full - . ; Item(s) Company . A.C. & of Work • Name Complete Address Phone No. DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to 'provide the following information on the . '• . subbids of all the listed subcontractors as part of the sealed -. - . bid. submission.. Additional page can be attached if required. Full Company .Name -,'• Type of State "Contracting . License S No. Carlsbad Amount Business of License No.* " Bid($r.%) *Licenses are renewable annually by January 1st. If no valid li- cense indicate "none." Valid license must be obtained prior to working on project. . • . .(NOTARIZE OR CORPORATE Authorized Signature • A *•. . •-«» ' - * ' ' • . ' .- ' .... Page 8 BIDDER'S STATEMENTS OF FINANCIAL RESPONSIBILITY, » • . • ' •' TECHNICAL ABILITY AMD 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 which will enable the City Council to judge his/her .responsibility, experience, skill and business standing. - - , : -.:r The undersigned submits herewith a statement of his/her • financial responsibility." ' -'••-•••..:•••;•.•- - _..._-•.;. - ..... ..., ..... . .. . , t ' • •.••».. The undersigned submits'-below a statement of the work of ' similar character to that included in the proposed contract - which he/she has successfully performed. ... ... LbL i /Jut fi&> -lAvK/'g /~ . \ nine. ,\ . '->, -Sign'atui? (NOTARIZE OR CORPORATE SEAL) . Page 9 ONTRACT THIS AGREEMENT, made and entered into this </' day of , 197^ > by and between the City of Carlsbad, California, hereinafter designed as "City", party of the first part, and AradpTnir .Spfirialtifis Firm-ring Saips hereinafter designated as "Contractor", party of the second part. WITNESSETH: The parties hereto do mutually agree as fol- lows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Con- tractor agrees with the City to furnish all materials and labor for: REMOVAL AND INSTALLATION OF CARPET IN CITY HALL CONTRACT NO. 1074 and to perform and complete in a good and workpersonlike manner all the work pertaining thereto shown on the plans and specifica- tions therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (ex- cept such materials, if any, as in the said specifications are stipulated to be furnished by City) , and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties whcih may arise or be en- countered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borned by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees with said Con- tractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and in accordance with the conditions set forth in the Page 10 specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The notice to bidders, instructions to bidders, con- tractor's proposal, and the plans and specifications, and all amendments thereof, when approved by the parities hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made a part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to exe- cute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by ref- erence herein. 6. The Contractor shall assume the defense of and indemni- fy and save harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. 7. Contractor shall cause the City to be named as an addi- tional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 8. The Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, then Con- tractor shall either (1) acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract or (2) shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description, which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 9. The Contractor shall submit to the City the policies mentioned in Paragraphs 7 and 8 or proof of workers' compensa- tion self-insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof Page 10A shall be settled by arbitration in accordance with the con- struction industry rules of the American Arbitration Associa- tion and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure Section 1296. IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Academic Specialties Flooring Sales Contractor _ (seal) Title By FORM: City Attorney APPROVED AS/TO /tNT/F. J510NDC<TI, / /-By_ Title CITY OFJ^iRLSBAD, CALIFORNIA By^Mayor ATTEST: City Clerk <Gt*-r^t ^ STATE OF CALIFORNIA COUNTY OF San.. • ss: On .N.P.y.ej!^e.r.. A^.Al?1:! , before me, the undersigned, a Notary Public of said county j * * 11 j George Finkelsteinand state, personally appeared *.„......:.. , known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. BR(12)15 Los Angeles 206011 OFFICIAL SEAL M. CANDACE WELLINGTON ij NUlAKi PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires October 6, 1980 Bond No. T5DDSSM . . Page 11 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: » WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 5970 adopted November 6. 1979 '. has awarded to Academic Specialties Floori'nq Sales j .hereinafter designated as the "Principal", a contract for: ' REMOVAL § INSTALLATION OF CARPET IN CITY HALL CONTRACT NO. 1074 in^the City of Carlsbad, in strict conformity with the drawings ancl specifications and other contract documents on file in the Office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any ma- terials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done therepn of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE Academic Specialties Flooring Sales as Principal, hereinafter designated as Contractor, and Fidelity and Deposit Company of Maryland as Surety, are held firmly bound unto the City of Carlsbad in the sum of Seven Thousand .Seventeen and 50/100 ---------Dollars C$7,017.50 ..) said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Page 12 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Gov- ernment Code of the State of California. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or ad- .ditions to the terms of the contract or to the work to be per- formed thereunder or .the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event any 'Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the *^tr\ November , 19 . of ACADEMIC SPECIALTIES FLOORING SALES (Seal) <7^Tx^W (Seal) Contractor" FIDELITY & DEPOSIT COMPANY OF MARYLAND THOMAS H. SYMftES, III ATTORNEY-IN-FACT (Seal) (Seal) (Seal) Bond No. Page 13 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: - WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 5970 adopted November 6, 1979 ' > has awarded to Academic Specialties Flooring Sales , hereinafter designated as the "Principal", a contract for: REMOVAL § INSTALLATION OF CARPET IN CITY HALL CONTRACT NO. 1074 . in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, Academic Specialties Flooring Sales , as Principal, hereinafter designated as the "Contractor", and Fidelity and Deposit Comany of Maryland &S Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Fourteen Thousand Thirty Five and no/100 ---Dollars ($ 14,035.00 ) »' said sum being equal to 100 percent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors ^or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above- bounden Contractor, his/her or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein speci- fied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carls- bad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in'full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall not affect its obligations on this bond, and it does hereby waive Page 14 notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifica- tions. In the event that any Contractor above named executed this , bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the IMth day of NOVEMBER , 19 71 - ' ACADEMIC SPECIALTIES FLOORING SALES (Seal) (Seal) (Seal) Contractor FIDELITY & DEPOSIT COMPANY OF JVARYLANJ) (Seal) -A^^^^A H. SYMMES-, IIITHOMAS ATTORNEY-IN-FACT (Seal) Surety STATE OF CALIFORNIA .COUNTY OF ..Mego ss: On ...... __N-OVeniber—l-4~-i— -137-3- ................ , before me, the undersigned, a Notary Public of said county and state, personally appeared known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. BR(12)15 Los Angeles lS> OFFICIAL SEAt M. CANDACE WELLINGTON NOTARY PUBLIC CALIFORNIA I PKINCIHAL OFFICE IN SAN DIEGO COUNTY 762 My Commission Expires October 6,1980 Notary (Public Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by PAUL J. PLTJNKETT , Vice-President, and C. ¥. BOBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC. 2. The President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Thomas He Symmes, III of San Diego, CalifOD and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as- surety, and as its act and deed: any and. all bonds and undertakings ....<,.e<,.<>.oo... le execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Thomas H. Symmes, III, dated, March 4, 197U- The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of" said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this Jj.th. ..day of June , A.D. 19..79-- FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: By. Assistant Secretary ^ice-President STATE OF MARYLAND \CITY OF BALTIMORE / • On this 4th day of June , A.D. 19 79 • before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF^LJhave hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. Notary Public Commission Expires.July..] CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this. iMih-dayof NOVEMBER..... f 19_71_ ,T.i47Srtf.—-I'M. 2-79 207420 Page 15 » t CITY OF CARLSBAD CONTRACT NO. 1074 General Provisions 1. Scope of Work The work covered by these specifications consists of fur- nishing all labor, equipment, materials and performing all work specified in this contract. 2. Location of Work Work under this contract is at the Carlsbad City Hall, 1200 Elm Avenue, Carlsbad, California, 92008. 3. Plans and Specifications A. Drawing: Drawings which form a part of the contract documents and which accompany these provisions are at- tached as Exhibit "A". The dimensions shown are approxi- mates and should be verified. B. Specifications: Specifications which form a part of the contract documents are contained in the Special Provisions. C. Reference to 'Drawing: Where the words "shown", "in- dicated", "detailed", "noted", "scheduled", or words ..of similar import are used, it shall be understood that reference is made to the drawing accompanying these.specifications, unless stated otherwise. D. Directions: Where the words "directed", "designated", "selected", or words of similar import are used, it • shall be understood that the direction, designation, ' . selection, or similar import, of the architect is in- tended, unless stated otherwise. The word "required" and words of similar .import shall be understood to mean "as required to properly complete the work as re- : quired and approved by the architect", unless stated otherwise. E. Equals and Approvals: Where the words "equal", "ap- proved equal", "equivalent" and such words of similar import are \ised, it shall be understood such words are followed by the expression "in the opinion of the ar- .chitect", unless otherwise stated. Where the words "approved", "approval", "acceptable", "acceptance", or words of similar import are used, it shall be under- stood that the approval, acceptance, or similar import, of the City is intended.. F. Perform and Provide: The word "perform" shall be under- stood to mean that the contractor, at his/her expense, shall perform all operations, labor, tools and equipment, Page 16 • and further, including the furnishing and installing • of materials that are indicated, specified, or re- jf quired, to complete such performance. The word "pro- **. vide" shall be understood to mean that the contractor, at his/her expense, shall furnish and install the work, complete in place and ready for Use, including furnish- ing of necessary labor, materials, tools, equipment and transportation. G. Language and Jlntejrt: The special provisions are \ ' • ••• • written in a modified brief style ^consistent with clarity. In'general, the words "the", "shall", "will" and "all" are not used. VJhere such words as "perform" r .-'• ' "install", "erect", "test", or words of similar import are used, it shall be understood that such words in- clude the meaning of the phrase, "the contractor shall". The requirements indicated and specified apply to work of the same kind, class and type, even though the word "all" is not stated. '4- Codes and Standards A. Reference to codes, ordinances, regulations and standard, specifications refer to editions in effect as to date of proposals.' Abbreviations are used for agencies is- suing standard specifications as follows: •*•-" Agency . Abbreviation >v^- American Society for Testing Materials ASTM . U.S'. Government Fed. Spec. National Board of Fire Underwriters NBFU American Institute of Steel Construction AISC . American Standards As-sociation . ASA Underwriters Laboratories, Inc. . UL • • . Department of Commerce Standards CS American Concrete Institute ACI B. Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall 'be understood that the manufacturers or producers, of ma- terials so required either have such specifications available for reference or are fully familiar with their; requirements as pertaining to their product or material. • • 5. Manufacturer's Instructions Where installation of work is required in accordance with the product manufacturer's dircction-G, the contractor shall obtain iind distribute the necessary copies of such instruc- tions, including two copies.to the City. Page 17 6- Occupancy . . •• City reserves the right to occupy the work spaces at any time before completion, and such occupancy shall not constitute . . • final acceptance of any part of the work covered by this contract. .- ' •7 • - City 'Inspectors All work shall be under the observation 'of a City Construction .Inspector? shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessary to keep him/her fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve contract- or, from any obligation to fulfill this contract. 8• Provisions Required by Lav; Deemed Inserted Each and every provision of law and. clause required by lav; to be inserted in this contract shall be deemed to be- in- serted herein and the contract shall be read and enforced as though it were included herein and, if through mistake .or otherwise any such provision is not inserted, or. is not correctly inserted, • then upon application of either party 'the contract shall .forthwith be physically amended to make .such insertion or correction. 9- Intent of Contract Documents " " • ' The contractor, his/her subcontractors and materials sup- pliers, shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the xrark, shall be provided at the con- tractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the contractor to • apprise his/her subcontractors and materials suppliers of this condition of the contract will not relieve him/her of the responsibility of compliiince. 10. 'Substitution of Materials The proposal of the bidder shall bo in strict conformity with l;ho draw.i.ng and specifications and based upon the • , • Page 18 items indicated or specified. The contractor may offer a substitution for any material, apparatus, equipment or pro- cess indicated or specified by patent or proprietary names or by names of manufacturer, which he/she considers equal in every respect to those indicated or specified. The of- fer, made in writing 10 work days prior to need to the City Engineer, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifi- cations and data. If required, the contractor, at his/her own expense, shall have the proposed substitute material, apparatus, equipment or process, tested as to its quality and strength, its' physical, chemical or other characteris- tics, and its durability, finish, or efficiency, by a test- Ing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the contractor shall furnish, erect, or install the material, apparatus, equipment or process in- dicated or specified. 11. Permits and Licenses Contractor is required to obtain a City Business License. No building permits will be required. i 12. Allowed Completion Time . . The amount of time allowed for the completion of this work is 45 calendar days. No extension of time will be allowed. Work'can be accomplished during work and/or non-working hours of the City Hall and on Saturdays, Sundays and holidays. 13. Coordination The contractor for this project will coordinate accomplish- ment of this project with the City Construction Inspector to insure minimum disruption of City Hall functions. 14. Work Schedule The contractor shall submit a work schedule to the City En- .gineer 10 days prior to the start of work. This schedule shall identify the dates on when each area will be carpeted. 15. Notice to Proceed No work will proceed until the work schedule has been ap- proved and a "Notice to Proceed" issued. Page 19 CITY OF CARLSBAD CONTRACT NO. 1074 SPECIAL PROVISIONS I. MOVING OF EQUIPMENT AND FURNITURE Areas to be carpeted will be cleared of furniture and 'equipment by carpeting installer. After the installa- tion of the new carpeting, installer will move furniture and equipment back to their original locations. II. WORKERSHIP A. Surface Preparation In areas which are presently carpeted, all carpet is to be removed. All adhesive, sponge backing, or other materials adhering to concrete surfaces, shall be re- moved. Any large cracks or chips in floor surfaces shall be repaired with an acceptable filler material. Floor surfaces shall be smooth, clean and ready to re- ceive adhesive. * B. Installation Carpet shall be laid out and cut in such a manner as to create a minimum of seams; said seams to be located in inconspicuous places. Seams shall be made by but- ting factory edges or lap cutting to make a perfect match. Extreme care shall be used in glueing and fit- ting seams to make them as inconspicuous as possible. Carpeting is to be coved in air areas. Metal end strips (gold colored) are to be used in areas where flooring changes from carpeting to tile. C. Cleanup All debris, rubbish and dirt are to be removed from the premises and placed in a disposal area designated by the City. Old carpets shall be rolled and tied in neat bundles and placed in the same disposal area. The work areas are to be left in a neat and clean condition. Any dirt or adhesive on the new carpeting shall be re- moved. III. MATERIAL Carpeting shall be commercial-type carpet having excellent ratings for cleanability, soil resistance, surface texture retention and colorfastness and meeting the following spec- ifications,:. ' Page 20 A. Pile Fiber: 100% continuous filament nylon Construction: level loop Yarn Size/Ply: 1225, 1245/3 Machine Gauge (Pitch): 1/8" (216) Stitches Per Inch: 10 minimum Weight: 28 ounces/yard minimum Finished Pile Height: 1/8" minimum Flame Spread Rating: maximum 75 (ASTM E-84 test) Static Propensity: maximum 3-5 Kv or less at 70° F. and 20% relative humidity Tuft Bind: minimum 10 pounds force B. Backing Primary Backing: moisture-proof polypropylene Secondary Backing: ALTERNATE-A -' 3/16" high density foam rubber ALTERNATE B - woven jute, 100% nylon with static control, machine guage 1/8", 10.5 stitches per inch, 0.219" pile height or equal Weight: 28 ounces/yard minimum Total Weight: 95 ounces/yard minimum or equal IV. EXTRA STOCK • Upon completion of the carpet installation, installer shall deliver six swatches of carpeting to the City's Building Maintenance Department for use in case of repairs. Each swatch shall be at least one square yard and at least 18" wide. =a C=l t== 1 x-G 0 ^x V- kJ V I I !u ^ © I x x ^ VJ vVn K /-• k, C IN" «0 / rJ k o\ X ' U k) _) -ictn VJOD ;\ §| k j L-~— tr. -J • i OrM r ct !0* r V l! k - '/— (V ^ ,0& ^ |V>? xV) -- !!_...._______ ^ 15-. V.© i':--r: b\© K ^} |i , rx j! i,(^ li-!U lUi! t ^N i\j J XX©> 0 Zl I :l—r::.:~::j.i - -Ti "/ o sj N (J >$K0 \J Q)bectalltes GfLooring 1934 JOHN TOWERS AVE., SUITE B • EL CAJON, CA 92O2O • 7I4-S62-O57O City of Carlsbad 1200 Elm Street Carlsbad,Ca. 92003 Subject: Contract 1074, Carpet Gentlemen: Enclosed pleas^ find copy of certification of DBA for F & H Inc. The above contract was written to Academic Specialties Flooring Sales which is the DBA in question as outlined on certification. Thanking you, we are, Sincerely, Georgf/Fir ACADEMIC SPECIALTIES FLOORING SALES * V COUNTY CLERK _ BUSINESS DIVISION P.O. Box 128. San Diego. California 92112 I L-.E BUSINESS DIVISION SEP 16 1976PLEASE PRINT OR TYPE . . • ' Tl -'..'• FILING FEE - $10.00 PLEASE MARK ONE: !• (3F.RST FILING of QRENEWALof ' ROBERT D ZUMWALT FICTITIOUS BUSINESS NAME STATEMENT CLERK SMJ PIEGQ COUNTY CALIFORNIA The following person (persons) is (are) doing business as: ...Cj.C.C&iT.r^7/.^ (Fictitious BmiiiMS Name) at CO LfcJ CO f*l .&^ \ I (Straat Addran - If N.un*. Glv* Exact Location and P.O. Box! CO 3s? (City and Zip Code) I**)2 ORIGINAL *•Matavajaj I-****""" * (Full Nama - Typo/Print) >» ' Pc i\ LI v O-T-M iA (Full Nam* - Type/Prim) (Residence Addrast)(Rntdttnca Addrau) (City and Zip Coda){City and Zip Coda) *» * * 3.4. (Full Nama - Typo/Print)(Full Nama - Typa/Pflm) (Raildenca Addrau).(Ratidanca Addroxl (City and Zip Cod*}(City *nd Zip Cod*) CO COm CO * * # 1 This butinass is conducted (by) Us) < ) •» Individual ( ) a Geiwral Partnurship ( ) a Limited Purtiwr- ' ship ( ^f i Corporation ( ) a Business Trust ( ) an Unincorporated Association Other Than a Partner- ship ( ) Othor (specify) ^3£../0^^^^ .... (Typad or PrintMl Nam* of Parson SKining and Titiw if Applic«bl») This statement was filed with the County Clerk of San Diego County on date indicated by file stamp above. CERTIFICATION I hereby certify that the foregoing is a correct copy of the original on file in my offict. / HOBEfTT p,2UMvVALT. COUNTY CLERK > By ....:.^.k.S.^Jr::JUj^-;.;^^*k^::*?.*.., Deputy tll_iL'li-lp''J '-L \ * <if\'t"l~' ^ \/'>*^ ^°- 'or Contact:EXPIRES A