HomeMy WebLinkAboutAudio Video Supply; 2004-11-03; PWS05-01LIBCITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
AUDIOIVIDEO UPGRADE
TO THE RUBY G.
SCHULMAN AUDITORIUM
CONTRACT NO. PWS05-01LIB
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a Revised 10/08/03 Contract No. PWSo5-01 LIB Page 1 of 58 Pages
TABLE OF CONTENTS . Item . Paqe
Notice Inviting Bids ....................................................................................................................... 4
Contractor's Proposal ..................................................................................................................... 8
Bid Security Form .......................................................................................................................... 12
Bidder's Bond To Accompany Proposal ...................................... , ................................................ 13
Guide For Completing The "Designation Of Subcontractors" Form ............................................. 15
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................. 17
Bidder's Statement Of Financial Responsibility ............................................. , ............................. 18
Bidder's Statement Of Technical Ability And Experience ............................................................ 19
Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive
Liability And Workers' Compensation ........................................................................................... 20
Bidder's Statement Of Re Debarment .......................................................................................... 21
Bidder's Disclosure Of Discipline Record ........................................................................ 23
24
.
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works .................................................................................................................. 25
Labor And Materials Bond ............................................................................................................ 31
Faithful PerformanceNarranty Bond ........................................................................................... 33
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ....................................... 35
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a Revised 10/08/03 Contract No . PWSO5-01 LIB Page 2 of 58 Pages
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Part 1
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
SUPPLEMENTAL PROVISIONS
General Provisions
Terms, Definitions Abbreviations And Symbols ....................................... 38
Scope And Control Of The Work .............................................................. 40
Changes In Work ...................................................................................... 43
Control Of Materials .................................................................................. 48
Utilities ....................................................................................................... 49
Prosecution, Progress And Acceptance Of The Wo rk............................. 49
Responsibilities Of The Contractor ........................................................... 53
Facilities For Agency Personnel ....................................................... Deleted
Measurement and Payment ..................................................................... 58
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a Revised 10/08/03 Contract No. pWSO5-01 LIB Page 3 of 58 Pages
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on August 30, 2004, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: provision and installation of electronic audio
and visual equipment to include a new “surround sound” audio system (speakers, sub-woofers,
processing equipment, professional quality DVD player, LCD video projector) and related equipment
and infrastructure. The project also includes provision, installation and alterations to lighting fixtures.
CONTRACT NO. PWSO5-01 LIB
AUDlONlDEO UPGRADE TO THE RUBY G. SCHULMAN AUDITORIUM
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City of Carlsbad and on file with the Purchasing Department. The specifications for the work include
the Standard Specifications for Public Works Construction, 2003 Edition, and published
supplements, all hereinafter designated “SSPWC” as issued by the Southern California Chapter of
the American Public Works Association and as amended by the supplemental provisions sections of
this contract. Reference is hereby made to the plans and specifications for full particulars and
description of the work. -
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Project
Manager.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarization where indicated are: -
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 7 of 62 Pages
- 1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors and Amount of Subcontractor Bid
5. Designation of Owner OperatorlLessors &
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract.
IO. Bidder' s Statement Re Debarment 1 1 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Project Manager's Estimate. The estimated quantities
are approximate and serve solely as a basis for the comparison of bids. The Project Manager's
Estimate is $32,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. 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. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A, C-IO.
,r
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of Bid specifications, supplemental provisions, and contract documents may be obtained at the
Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California
92008-7314, for no cost. If plans and specifications are to be mailed, the cost for postage and
handling ($4.00) must be submitted before mailing.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or
interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
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 sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, current
information applicable to wage rates is available at www.dir.ca.gov and from the California
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a \# Revised 10/08/03 Contract No. PWSO5-01 LIB Page 8 of 62 Pages
x Department of Industrial relations. The Contractor to whom the Contract is awarded shall not pay
less than the said specified prevailing rates of wages to all workers employed by him or her in the
execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
Pre-bid meetings and tours of the project site will be held at the City of Carlsbad Dove Library,
Schulman Auditorium, 1775 Dove Lane, Carlsbad CA 92009, on August 16,2004, from loam -
12 noon and August 20, 2004, from loam - 12 noon. Attendance at these meetings are
optional.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be 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 and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
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The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifly percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
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a Revised 10/08/03 . Contract No. PWS05-01LIB Page 9 of 62 Pages
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City is contingent upon the Contractor submitting the required
bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
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ISABELLE J. PAULSEN, CMC
Deputy Clerk
DATED: August 2,2004
b Revised 10/08/03 Contract No. PWSO5-01 LIB Page 10 of 62 Pages
- City of Carlsbad
August 5,2004
ADDENDUM NO. 1
RE: AUDIONISUAL UPGRADE TO THE RUBY G. SCHULMAN AUDITORIUM,
CONTRACT NO. PWSO5-01 LIB I
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
Add the attached specifications and scope of work to the bid
documents
I I \
,
This addendum-receipt acknowledged-must be attached to your bid when your
bid is submitted. , -
KEVIN DAVIS
Buyer
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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1635 Faraday Avenue Carlsbad, CA 92008-7314 - (760) 602-2430 0 FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 Utility Billing (760) 602-2420 0
Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
' City of Carlsbad
I
August 25,2004
ADDENDUM NO. 2
I RE: AUDlONlDEO UPGRADE TO THE RUBY G SCHULMAN AUDITORIUld,''
1 PROJECT NO.: PWS05101LIB
Please include the attached addendum in the Notice to Bidder/Request for Bigs you
have for the above project. I ,$
I
I, Please note change in due date for the above-mentioned bid. I
New date for bid opening is:
September 7,2004
Time remains the same: 4:OO p.m. *I' 8
This addendum--receipt acknowledged--must be included to your bid when your bid is
submitted . " I. = KEVIN DAVIS
Buyer
KD:dli
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
Bidder's Signature
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1635 Faraday Avenue - Carlsbad, CA 92008-7314 * (760) 602-2430 - FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
CITY OF CARLSBAD
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AUDITORIUM
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, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. PWSO5-01LIB in accordance with the Plans,
Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full
payment therefor the following unit prices for each item complete, to wit:
BID SCHEDULE
Item - No. Descriution
Approximate
Quantity Unit
and Unit - Price - Total
I-
-
1 Lump Sum Cost for Lump Sum $ 3+, 9 ' $33. d/q'
Equipment and Materials as
Shown in Attached list
(Contractor must attach list of
equipment and materials to
2 Sales Taxes on Goods, Lumpsum $ +?'aZ?/ $ 45J.Zf7
Equipment and Taxable
/ 3 Labor and Services to Install, Lump Sum $ m' $ /pZTw e Revised 10/08/03 Contract No. PWSO5-01 LIB Page 8 of 58 Pages
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Audio Video Supply
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4575 Ruffner Street San Diego, CA 92111
858 565-1101 Ext. 226 800 284-2288 Fax: 858 565-7845
barb@avsupply.com www.avsupply.com
Barbara Lange
1 Sanyo PLC-XF35NL 6500 Lumen XGA Digital Projector 8,890.00 8,890.00
1 Sanyo LNS-MO1 Semi Long Zoom Lens 1,530.00 1,530.00
I Dalite 816246 12' x 16' Electrol Screen matte White 2,170.00 2,170.00
1 Dalite 59155 hangers and Hardware to Hang screen 82.00 82.00
2 JBL 8330A Three Way Cinema surround Speakers 265.00 530.00
2 JBL 4641 High Power Sub Woofer 1200w 535.00 1,070.00
5 AVSupply suspended cable Mounts for speakers " 120.00 600.00
1 Crown CL! Dual 45Ow/4 ohms, 275~18 ohms 525.00 525.00
3 Crown CL4 Dual 120Ow/4 ohms, 60Ow/8 ohms 1,398.00 4,194.00
1 Dolby DP-564 Multi /Channel Audio Decoder 4,410.00 4,410.00
2 Shure DFRI 1 EQ Digital signal Processor Version 5 546.00 1,092.00
1 Denon DVD-910 DVD Player w/ Progressive Scan/& Mt 323.00 323.00
1 AMX AXB-VOL 3 3 Channel Volume controller 440.00 440.00
3 MVP Studio Series KW2 Lights 975.00 2,925.00
3 MVP Studio Series KW2 Honeycomb Filters 130.00 390.00
1 Dove systems MTX-DE8 8 channel decoder 450.00 450.00
6 Bi AXE 3200K 55watt Lamps 30.00 1,546.00
1 Installation materials 2,500.00 1,452.00
I Rentals and Permits 500.00 500.00
1 Installation Programming 2,600.00 2,600.00
I Freight 500.00 500.00
I Installation Labor 8,900.00 8,900.00
1 Tax@73/4% 2,527.97 2,527.97
Date 9/7/04
Company City of Carlsbad Dove Library Contact lsabella Paulsen
Phone 760-602-2012 Fax Terms Net30 FOB Destination
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Page2of2
OPENED, WiiNESSE3 AFi3 KECORDED:
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Configure, Train City Staff ,
DATE SIGNATURE
Total amount ul f bid in numbers for Bid Schedule: $ 4U&, g-&l
The basis of award will be the total Bid Schedule amount.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No@). 02
proposal.
hadhave been received and idare included in this
The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing 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 City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
I-
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-.
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The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the ca acity of a contractor within the State of California, validly licensed under
license nuyer . qdBq// , classification which expires on , and that this statement is true and correct and has the legal effect of
an affidavit.
/o 3//0L/
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 6 7028.1 5(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 8 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 wi
Accompanying this proposal is (Cash, Certified Check, Bond a Revised 10/08/03 'Contract No. PWSO5-01 LIB Page 9 of 58 Pages
or Cashier's Check) for ten percent (1 0%) 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.
- -
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to 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
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
City and State
(Street and Number)
(4) Zip Code Telephone No.
(5) E-Mail
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 10 of 58 Pages
License Detail Page 1 of 2
License Detail CALIFORNIA CONTRACTORS STATE LICEN
Contractor License # 42971 1
A license status check provides information taken from the CSLB license data base. Before
on this information, you should be aware of the following limitations:
DISCLAIMER
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc
complaint disclosure, a link for complaint disclosure will appear below. Click on the lin
button to obtain complaint and/or legal action information.
Per B&P 70712, only construction related civil judgments known to the CSLB are di
Arbitrations are not listed unless the contractor fails to comply with the terms of the
arbitration.
Due to workload, there may be relevant information that has not yet been entered ont
Board's license data base.
Extract Date: 09/08/2004
* * * Business Information * * *
AU D IO-V I D EO SU P PLY I NC
4575 RUFFNER STREET
SAN DIEGO, CA 921 11
Business Phone Number: (61 9) 565-1 101
Entity : Corporation
Issue Date: 10/18/1982 Expire Date: 10/31/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
pG/ Description
fC-7ILOW VOLTAGE SYSTEMS
* * * Bonding Information * * *
$10,000 with the bonding company
SURETY-COMPANY OF THE-PACIFIC.
CONTRACTOR'S BOND: This license filed Contractor's Bond number 591513 in the am1
9/8/2004
.-
License Number Request Contractor Name Request
License Detail Page 2 of 2
Personnel Name Request
Effective Date: 01/01/2004
Contractor's Bondina History
I
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) RIC
TERENCE MOORE JR certified that he/she owns 10 percent or more of the voting stock/€ the corporation. A bond of qualifying individual is not required.
Effective Date: 1 0/18/1982
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
PREFERRED EMPLOYERS INSURANCE COMPANY
Policy Number: WKN109873 Effective Date: 04/01/2004 Expire Date: 04/01/2005
Workers Compensation History
Salesperson Request Salesperson .Name Request
0 2004 State of California. Conditions of Use Privacy Policy
9/8/2004
Personnel List Page 1 of 1
License Number Request
.
Personnel List CALEORNIA CONTRACTORS STATE LICEN
Contractor License # 42971 1
Contractor Name Request Personnel Name Request
Click on the person's name to see a more detailed page of information on that person.
Salesperson Request
Association Disassociation Class
Date Date Name Title
Salesperson Name Request
TERENCE JR RMO/CEO/PRES 10/18/1982 MOORE
CLIFFORD BENNETT
MOORE OFFICER 08/02/1990
1 BARBARA ANN MOORE OFFICER 08/02/1990
c-7
0 2004 State of California. Conditions-of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB~LIBRARY/Personnel+List.asp?LicNum=4297 1 1 9/8/2004
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted a.
c .
-
--
e
(Title)
Impress Corporate Seal here
Incorporated under the laws of the State of &ec//;p
Place of Business
City and State
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SJGNATORIES MUST BE AlTACHED
List below names of president, vice president, secretary and assistan
partnership, list names of all general partners, and man
cretary, if a corporation; if a
eLFFzzme &sM
--
'3 Revised 10/08/03 Contract No. PWSO5-01 LIB Page 1 1 of 58 Pages
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I
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY GI SCHULMAN
AUDITORIUM
(NOTE: The following form shall be used if check accompanies bid.)
--
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
otherwise required by law, and notwithstanding the award of the contract to another bidder.
-
.-.
c
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
Revised 10/08/03 Contract No. wVSO5-01 LIB Page 12 of 58 Pages
1
i BANKgiWEST
i- LA JOLLA 4350 LA JOLLA VILLAGE DR tlOO SAN DIEGO, CA 92122
6711582486 i
90-78/12 11
CASHIER'S CHECK
CITY OF CARLSBAD
1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008
(760) 602-2401
ACCOUNT NO. DESCRIPTION ~ AMOUNT
NOT VALID UNLESS VALIDATED BY TOTAL I LrlbCi hl,
CASH REGISTER
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AUDITORIUM
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and 9
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, 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:
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN AUDITORIUM
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 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.
... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ...
-E”s Revised 10/08/03 Contract No. wVSO5-01 LIB Page 13 of 58 Pages
In the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond. -
Executed by PRINCIPAL this day of 9 20-.
PRINCIPAL:
Executed by SURETY this day (name of Principal) of 1 20-. By:
(sign here) SURETY:
(print name here)
(name of Surety)
(Title and Organization of Signatory)
By:
(address of Surety)
(telephone number of Surety)
(sign here)
(print name here) By:
(signature of Attorney-in-Fact)
(title and organization of signatory)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
.-
a Revised 10/08/03 Contract No. wVSO5-01 LIB Page 14 of 58 Pages
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTORS" FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental
Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price",
"Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the
Supplemental Provisions especially "Own Organization." Bidders are further urged to review
sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental
Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other
than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing
the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall
be set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid.
Failure to Drovide comolete and correct information may result in reiection of the bid as non-
resoonsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item.
.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final. a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 15 of 58 Pages
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
-
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
.-
e Revised 10/08/03 Contract No. wVSO5-01 LIB Page 16 Of 58 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AU D IT0 R I U M
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Subcontractor's License No.* .523/.54
Page of / pages of this Subcontractor Designation form
' Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted
by the Bidder up to 24 hours afier the deadline for submitting bids contained in the "Notice Inviting Bids."
a Revised 10/08/03 Contract No. wVSO5-01 LIB Page 17 of 58 Pages
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AUDITORIUM
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under se
e Revised 10/08/03 Contract No. PWSO5-01 LIB Page 18 of 58 Pages
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AUDITORIUM
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 hidher responsibility, experience and skill. AJI attachment can be used.
e Revised 10/08/03 Contract No. PWSO5-01 LIB Page 19 of 58 Pages
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AU DIT0 R I UM
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers compensation
Employer's Liability
Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
- a Revised 10/08/03 Contract No. wVSO5-01 LIB Page 20 of 58 Pages
AQ CERTIFICATE OF LIABILITY INSURANCE I
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DATE [MP1001wYy)
10/27/2004
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San Diego, CA 92186-5481
INSURED Audio Video-; hc.
4575 Ruffner Road
San Diego, C4 92111
~WXWCEI? (619) 584-6400 FAX (619)584-6425
Wertland Insurance Brokers
3838 Camino Del Ria North P3XS
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONF€RS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I INSURERS AFFORDING COVERAGE I NAtC 0 I -p.o. Box 85481 I
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ERClAL GENERAL WBltlTY
NSURERB; American Economy Insurance Co
DISURERC: Preferred Enplayers Insurance
INSURER 0:
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525
ALL OWNED AUTOS
SCHEwLEbAtlTOS
NON6WFIED AUTOS
-
I I I I UPTION OF OPERATIOMS I LOCATIONS I VM- I E(cLusIDNs MbEb BY W#HcsEyBrp I WEUM P-NS PROJECT IMOS-01LIB AUDIO/VIDEO UPGRADE OF RUBY C SMULMAN AUDITORIUM
SHOULO bNY M THE p%ovE DESCRIBU) RKlClU BE CANeELLEn BEFMlE THE
U(ARATI0N DAW? THEREOF. THE ISSUING IlySuFER WU ENDEAVOR TO WL - "30 WYS wwnw me^ TO THE CERTIFICATE ~KDER NAMED 10 ME EFT, CrrY OF CARLSBAD
- ti-
ME CrrY OF CARUSAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED As ADDITIONAL
[NSURED PER ATTACHED FORM 08-002-2367.
AITN: WIN DAVIS
1635 FARADAY AVENUE CAREBAD, CA 92008
FlO DAYS NOTICE OF CANCELLATION FOR "-PAYMENT OF PRMIUM. I
BUT FAILURE Tb HAIL WCH NOTICE WALL IMPOSE NO OBUUTlON OR LIABIUW
OF ANY RND UPON THE INSUWR, 1B At- OR REPREWATWES
AUTH~~AlME
Steven Jacobson/ELKE
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10/28/2004 12:52 WESTLAND INSURRNCE BROKERS + 17686028553
Endorsement
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Policy Period
Effeciive Date
Policy Number
insured
N8me of Company
Date Issued
JULY 20,2004 TO JULY 20,2005
ocToBER27,2004
3579-69-24HA
AUDIO VIDEO SUPPLY, MC.
N0.340 D002
Designated Person Or Organization Any person ot organization designated below is an iusnr4 but they art insureds only with
respect ta liability arising out of your operations or premises owned by or rented to you
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10/28/2004 12: 52 WESTLRND INSURRNCE BROKERS + 17606028553
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N0.340 D003
Who Is An Insured
Designated Person Or Designated Pmn Or Orgauizatio~~ organization (cantinued)
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THE CITY OF CARLSBAD,IT$OFFICIALS,EMPLOYEES.
AND VOLUNTEERS
AT":KEVINDAVIS
1635 FARADAY AVENUE
CARLSBAID,CA 92008 RE: PROJECT#I'WSOHILERWBY G SC"AUZ)XTORILTM
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All other terms and conditions remain unchanged
AothorSzed Representative && AothorSzed Renresentative
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2 LiabiMy insurance Additional Insured " Designated last page
Form 8042-2387 (Rev. 441) Endorsement
.-
.-
,-
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AU DlTORl UM
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
- party debarred party debarred
I agency agency
period of debarment period of debarment
BY CONTRACTOR: n
By:
(sign here) /
(print name/he)
Page of pages of this Re Debarment form
'7
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 21 of 58 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AUDITORIUM
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor‘s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
Has the suspension or revocation of your contractors license ever been stayed? x
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor‘s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the rk ever been stayed? 2
Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page of pages of this Disclosure of Discipline form
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 22 of 58 Pages
.-
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AU DlTORl U M
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
By:
(print name/titIe) /
Page of pages of this Disclosure of Discipline form
a Revised 10/08/03 Contract No. pWSO5-01 LIB Page 23 of 58 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTACT CODE SECTION 7106
BY BIDDER AND SUBMllTED WITH BID
CONTRACT NO. PWSO5-01 LIB
AUDlONlDEO UPGRADE TO THE RUBY G. SCHULMAN AUDITORIUM
State of California 1
County of 1 1 =.
, being first duly sworn, deposes
(Name of Bidder)
and says that he or she is
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
I declare under penalty of perjury that t rrect and that this affidavit was
executed on the 7 day of ,200u.4
hignature of Bidder #
Subscribed and sworn to before me on the 07 day of,-- ,
Notary Public - Ca
e Revised 10/08/03 Contract No. PWSO5-01 LIB Page 24 of 58 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 3~6 day of ,20&,
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called 'City"),
is 4575 RUFFNER STREET, SA N DIEGO. CA 9 2111
(hereinafter called "Contractor").
and AUDIO VIDFO SUPPLY whose principal place of business
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: CONTRACT NO. PWS0541LIB AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AUDITORIUM (hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
._
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and supplements thereto, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works-Association,
and as amended by the Supplemental Provisions section of this contract. The Engineer will close the
estimate of work completed for progress payments on the last working day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
-
Revised 10/08/03 Contract No. PWSO5-01 LIB Page 25 of 58 Pages
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class 111 disposal site in accordance with provisions of existing law.
6. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provkied for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties. -_
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method. I
Contractor shall also defend and indemnify the City against any challenges to the award of the
a Revised 10/08/03 Contract No. pWSO5-01 LIB Page 26 of 58 Pages
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, .including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
I r
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
'any auto' and cannot be limited in any manner.
I
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
+ a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
x
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
a Revised 10/08/03 Contract No. pWSO5-01 LIB Page 27 of 58 Pages
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
I
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91 -403.
-
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage
on its behalf. The certificates and endorsements are to be in forms approved by the City and are to
be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
I
Revised 10/08/03 Contract No. PWSO5-01 LIB Page 28 of 58 Pages
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person ,knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
-
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026,3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
- I have read and understand all provisions of Section 11 above; &.\ init Piknit
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE a Revised 10/08/03 Contract No. FWSO5-01 LIB Page 29 of 58 Pages
AlTACHED
II
(CORPORATE SEAL)
CONTRACTOR:
ATTEST:
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
De6uty City AttGmby
Revised 10/08/03 Contract No. PWSO5-01 LIB Page 30 of 58 Pages
~~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of SW bi eqo
0 personally known to me
Kproved to me on the basis of satisfactory
evidence
to be the personb whose name@) @/am
subscribed to the within instrument and
acknowledged to me that @re/Htey executed
the same in %MTEr/their authorized
capacity(k4, and that by Ilib/hm/their
signaturewon the instrument the persono, or
the entity upon behalf of which the personM
acted, executed the instrument.
WITNESS my hand and official seal.
y!W. Maw
Signature of Notafy Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of
Title or Type of Document:
Document Date: Number of Pages: b
Signer@) Other Than Named Above:
Signer's Name:
0 Individual
morporate Officer - Title(s):
0 Partner - 3 Limited 0 General
0 &J)QF
0 Attorney-in-Fact
0 Trustee
3 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association * 9350 De Soto Ave.. PO Box 2402 * Chatsworth, CA91313-2402 * w.nationalnotary.org Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827
I3ClbHl Ml06110 EamIcJM: llKmtml
LABOR AND MATERIALS BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to AUDIO VIDEO SUPPLY
(hereinafter designated as the "Principal"), adopted September 27, 2004 , a Contract for:
AUDlONlDEO UPGRADE TO THE RUBY G SCHULMAN AUDITORIUM
CONTRACT NO. PWS05-01LIB
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, AUDIO VIDEO SUPPLY , as Principal, (hereinafter
designated as the "Contractor"), and SURETY aoMpANy OF !rHE "IC as Surety, are held
firmly bound unto the City of Carlsbad in the sum of FORTY SEVEN THOUSAND, SIX HUNDRED
FORTY SIX & 97/100 Dollars ($ 47,646.97 ), said sum being an amount equal to: One hundred
percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad,
and for which payment well and truly to be made we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these presents.
I
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
-
w %# Revised 10/08/03 Contract No. PWSO5-01 LIB Page 31 of 58 Pages
BOND Ml06110
Executed by CONTRACTOR this 3
dayof OCkbd ,20&.
CONTRACTOR:
g (print name here)
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this day
of CxXoEm ,20*.
SURETY:
SURETY aoMpANy aF THE Pmc
(name of Surety)
6345 BAIBQA ELVD., #2-325, BJCINO, CA 91316
(address of Surety)
(81 8) 609-9232
/(si&ature of Attorney-in-Fact)
GXRGE ALFKHl E'RWJ3, LIB OD42655
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
,-
e= p,s Revised 10/08/03 Contract No. PWSO5-01 LIB Page 32 of 58 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
} ss.
-~
--8 personally known to me
Xproved to me on the basis of satisfactory
evidence
to be the personm whose namers)d.%+e
subscribed to the within instrument and
acknowledged to me that @ske/tbey executed
the same in mkr/Wr authorized
capacity(+, and that by @/hm/tktr
signatureo on the instrument the personw, or
the entity upon behalf of which the personM
acted. executed the instrument.
WITNEZS my handqnd official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: 5 &Q+ iqlorr d7 , 2 CCC~ Number of Pages: A
\
Signer(s) Other Than Named Above:
Capacity(ies)
Signer’s Name.
r Individual
I Partner - Limited L General
-I Trustee
l1 Other
Signer Is Representing
%Corporate Officer - Title(s)
Attorney-in-Fact
I Guardian or Conservator
Prod No 5907 Reorder Call Toll Free 1 800 876 6827 01999 Natanal NolaryAssac~tian.9350DeSotoAve PO Box2402-Chalsworlh CA913132402*wwwnatonaInotaryorg
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c
I--
-
State of California
County of Los Angeles
SHILO LEE CRANE, NOTARY PUBLIC
NAME, TITLE OF OFFICER
On OCT *Oo4 beforeme,
DATE
personally appeared GEORGE ALFRED PEATE
NAME(S) OF SIGNER(5)
personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
DESCRIPTION OF AlTACHED
DOCUMENT
Ml06110 u CORPORATE OFFICER
- - . - - . - -
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED
$[ ATTORNEY-IN-FACT
0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER:
0 GENERAL
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
SURETY COMPANY
OF THE PACIFIC
NAME OF PERSONW OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
SURETY COMPANY of the PACIFIC
6345 BALBOA BOULEVARD, BUILDING 2. SUITE 325. ENCINO, CALIFORNIA 91316-1517
REPLY TO POSTOFFICE BOX 10289, VAN NUYS. CALIFORNIA 91410-0289
PHONE (818) 609-9232
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That. SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its ChairmadPresident. in pursuance of authority
granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969. which said Resolution
has not been amended or rescinded and of which the following is a true, full and complete copy:
"RESOLVED: That the President or any Vice-president may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or
Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him
or her; and be it further
"RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf
of the Company any and all bonds and undenakings as the business of the Company may require, and any such bonds
or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the
President and sealed and attested by the Secretary."
does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California. its true and lawful Altorney-in-
Fact, to make, execute, scal and deliver for and on its behalf, as surety, and as its act and deed:
ANY AND ALL BONDS AND UNDERTAKINGS.
IN WITNESS WHEREOF Montgomery Erwin, said ChairmadPresident has hereunto subscribed his name and affixed the
corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 9th day of January, 2002.
SURETY COMPANY OF THE PACIFIC
By Montgomery Erwin, Chairman/President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )"
On this 9th day of January, 2002. before me. Stephanie Hope Shear, Notary Public, personally appeared Montgomery
Erwin, ChairmdPresident. of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity. and that by his signature on the
instrument the person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
St'ephanie Hope-ShcarTNotary Public
Signature I
Xah. 9. 'L-oor
Date
CERTIFICATION
I, the undersigned, Secretary of SURETY COMPANY OF THE PACIFIC, do hereby certify that the original
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the
POWER OF A'ITORNEY, of which the foregoing is a full. true and correct copy, is in full force and effect.
Corporation
on OCf 1 9 2004 (VW" Tanis Galik, Corporate Secretary
CERTIFICATION OF CERTIFICATE OF AUTHORITY
1. I, Tanis Galik, am the Corporate Secretary of Surety Company of the Pacific.
2. Attached is a true and correct copy of the Certificate of Authority of Surety Company of
the Pacific which has not been surrendered, revoked, cancelled, annulled, or suspended
and which is in full force as of the date of this certificate.
I declare under penalty of perjury under the laws of the state of California that the foregoing is
true and correct.
Executed OCT 19 2004
(SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES I On OCT *Oo4 before me, SHILO LEE CRANE. NOTARY PUBLIC,
(Date)
personally appeared TANIS GALIK ,
Personally known to me to be the person whose name is subscribed to the with instrument and acknowledged to me
that she execute the same in authorized capacity and that by her signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument.
CSUR43( 10102)
N9 5995
,. .-
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Cedcate of Authority
THIS Is M CERTIFY, That, pursuant to the Insurance Code of the State of California,
Surety Company of the Pacific
of Encino, California , organized under the
laws of California , subject to its Articks of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within this Stute,
subiect to all providons of this Certificate, the following classes of insurance:
surety
as such classes are now M may hereajter be defined in the Insurance Laws of the State of California.
Tms CERTKFI~~~TE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements
made under authority of the laws of the State of California as long as such laws or requirements are
in deet and applicable, and as such laws and requirements now are, or may hereafter be changed
or amended.
IrJ WITNESS WHEREOF, gective as of the--.---..?-~b--.---------day
@-November, 19_SA, Z have hereunto set
~ ~~ ~~ Qualification with the Secretary of State must be accomplished as required by the CaWomia Corpo&~& Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revokiug this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.
FOMY cwa 91 93441
SURETY COMPANY of the PACIFIC
6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91 316-1517 REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410-0289
7 PHONE: (818) 609-9232
To: PUBLIC ENTITY
(GOVERNMENT AGENCY, MUNICIPALITY,
SCHOOL DISTRICT, OTHER)
Surety Company of the Pacific (SCP) has been an admitted surety in the State of California
since February, 1969. The Certificate of Authority issued by the California Department of
Insurance (CDI) granting SCP authority to transact surety business within the state is in full
force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or
suspended and we are proud of our uninterrupted service to California’s contractors.
You can easily verify the current status of our Certificate of Authority by contacting the
California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at
www.insurance.ca.gov. If you are visiting the Web site go to the section with the heading
“Insurers, ” look for the “Regulatory Activity” column heading, select “Insurance Company
Profiles” option and then enter our company name: Surety Company of the Pacific.
h
CSUW -7t03
BOND Ml06110 PRlmIw: $953.
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to
(hereinafter designated as the "Principal"), adopted September 27. 2004 , a Contract for:
AUDIO VIDEO SUPPLY,
AUDlONlDEO UPGRADE TO THE RUBY G. SCHULMAN AUDITORIUM
CONTRACT NO. PWSO5-01 LIB
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, AUDIO VIDEO SUPPLY , as Principal, (hereinafter designated as the
"Contractor"), and hc , as Surety, are held and firmly
bound unto the City of Carlsbad, in the sum of FORTY SEVEN THOUSAND, SIX HUNDRED
FORTY SIX & 97/100 Dollars ($ 47.646.97 ), said sum being equal to one hundred percent (100%)
of the estimated amount of the Contract, to be paid to 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, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, 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 the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
4m %# Revised 10/08/03 Contract No. PWSO5-01 LIB Page 33 of 58 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 3 Executed by SURETY this 19” day of
dayof ,200q . ocmmm ,20 04
CONTRACTOR: SUREP/:
~uo\m UideoSopp\y? SURETY aMpANy a? THE PACXFIC
(name of Surety)
6345 BATBQA BLVD., #2-325, m, CA 91316
(address of Surety)
(telephone number of Surety)
(81 8) 609-9232
A
By:
(Title and Organization of Signatory) (signhe of Attorney-in-Fact)
By: GKlIUX AIPRH) PEA!I’E, IJCENSE OX342655 - (printed name of Attorney-in-Fact)
(sign here)
(Attach corporate resolution showing current
power of attorney.) (print name here)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
_-
e Revised 10/08/03 Contract No. wVSO5-01 LIB Page 34 of 58 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
Name and Title of Onicer (e g Jane Doe Notary Public I
Name@) of Signerls)
personally appeared Date c I ,FF
L personally known to me
-roved to me on the basis of satisfactory
evidence
to be the personw whose name%) a,
subscribed to the within instrument and
acknowledged to me thatm4keltby executed
the same in h3/hm/thr authorized
capacity(i'es), and that by li?Yher/ttwr
signature(+on the instrument the personw, or
the entity upon behalf of which the person@+!
acted, executed the instrument.
WlTN SS my hand and official Seal. q0l.i 6Ll@L\_
Signature of Notav Public
0 PTlO NA L
Though the information below IS not required by law it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: FCI\-t-h4L I i>cr-4& X-wW / LCI\Y':cl.ilty &QFICK
1 Document Date, s-@-.~&? \cu\h CY- , 2OcL{ Number of Pages:
Signer(s) Other Than Named Above:
Capacity@s) Claimed by Signer
I I Individual
LqCorporate Officer - Title(s): p~b'l?~ t-
L Partner - Limited C General
I Attorney-in-Fact r Trustee - Guardian or Conservator
1 Other:
Signer Is Representing: u
0 1999 National Notary Association * 9350 De Soto Ave , PO Box 2402 * Chatsworth CA 91313-2402 * www nationalnolaryorg Prod. No 5907 Reorder Call Toll-Free 1~800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
SHILO LEE CRANE, NOTARY PUBLIC
NAME, TITLE OF OFFICER
On OCT 2004 before me,
DATE
personally appeared GEORGE ALFRED PEATE
NAME(S) OF SICNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare subscribed
to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument. fJ
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL 0 CORPORATE OFFICER
DESCRIPTION OF AlTACHED
DOCUMENT
Ml06110
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL $I ATTORNEY-IN-FACT 0 TRUSTEE(S)
GUARDIANKONSERVATOR 0 OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
SURETY COMPANY
OF THE PACIFIC
NAME OF PERSON(S) OR ENTITY(IES) -
SIGNER(S) OTHER THAN NAMED ABOVE
SIIRETY COMPANY 01 the PACIFIC
6345 BALBOA BOULEVARD, BUILDING 2. SUITE 325, ENCINO, CALIFORNIA 91316-1517 REPLY TO POST OFFICE BOX 10289. VAN NUYS. CALlFORNlA91410-0289 PHONE (818) 609-9232
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That, SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its Chairmadpresident, in pursuance of authority
granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January. 1969. which said Resolution
has not been amended or rescinded and of which the following is a true, full and complete copy:
"RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent
and act for and on behalf of the Company, and either the President or any Vice-president, the Board of Directors or
Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him
or her; and be it further
"RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf
of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds
or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the
President and sealed and attested by the Secretary."
does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful 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.
IN WITNESS WHEREOF Montgomery Erwin, said ChairmadPresident has hereunto subscribed his name and affixed the
corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 9th day of January, 2002.
SURETY COMPANY OF THE PACIFIC
By Montgomery Erwin, ChairmanlPresident STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )"
On this 9th day of January, 2002. before me, Stephanie Hope Shear, Notary Public, personally appeared Montgomery
Erwin, Chaiiman/President. of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
/ Sfephanie Hope-ShFac Notary Public
Signature/ I
TTOch. 9, 3-002 Date
CERTIFICATION
1. the undersigned, Secretary of SURETY COMPANY OF THE PACIFIC, do hereby certify that the original POWER OF A'ITORNEY, of which the foregoing is a full. true and correct copy, is in full force and effect.
Corporation, IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary,
on OCT 19 2004
Tanis Galik, Corporate Secretary
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called 'City" and
whose 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 agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered
into between the City and Contractor for CONTRACT NO. PWS05-01LIB AUDlONlDEO UPGRADE
TO THE RUBY G. SCHULMAN AUDITORIUM in the amount of
dated (hereinafter referred to as the "Contract"). Alternatively, on written request
of the Contractor, the City shall make payments of the retention earnings directly to the Escrow
Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow
Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance
to cover negligent acts and omissions of the Escrow Agent in connection with the handling of
retentions under these sections in an amount not less than $1 00,000 per contract. The market value
of the securities at the time of the substitution shall be a least equal to the cash amount then
required to be withheld as retention under the terms of the contract between the City and Contractor.
Securities shall be held in the name of the City and shall designate the Contractor as the beneficial
owner.
I
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
-
Revised 10/08/03 Contract No. PWSO5-01 LIB Page 35 of 58 Pages
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
,.- I-
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit tess escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor
pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities
and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Name
Signature
Address
For Contractor: Title
Name
Signature
For Escrow Agent:
Name
Signature
Address
e Revised 10/08/03 Contract No. pWSO5-01 LIB Page 36 of 58 Pages
- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
FOF City:
For Contractor:
- For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
a Revised 10/08/03 Contract No. WS05-01 LIB Page 37 of 58 Pages
SUPPLEMENTAL PROVISIONS
FOR
CONTRACT NO. PWSO5-01 LIB
AUDIONIDEO UPGRADE TO THE RUBY G. SCHULMAN
AUDITORIUM
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
Revised 10/08/03 Contract No. PWSO5-01 LIB Page 38 of 58 Pages
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hisher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal ievel for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section
2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and
uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the management staff’of the City of Carlsbad or an approved representative.
Senior inspector - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ..................................... Commercial
DR .......................................... Dimension Ratio
E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 39 of 58 Pages
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ........................................g allons per minute IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ........................................ Overhead Electric
OMWD .................................... Olivenhain Municipal Water District
ROW ....................................... Right-of-way S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
WVD ....................................... Vallecitos Water District
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the prime contractor shall be
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, ”who is
listed in the latest version of U.S. Department of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shatl provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performancdwarranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
. a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 40 of 58 Pages
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statemerit of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 2003 Edition, hereinafter designated "SSPWC', as written
and promulgated by Joint Cooperative Committee of the Southern California Chapter American
Public Works Association and Southern California Districts Associated General Contractors of
California, and as amended by the Supplemental Provisions section of this contract.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law. 2) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction.
6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications
are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only in reference to the materials and construction
materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public
a Revised 10/08/03 Contract No. PWS05-01LIB Page 41 of 58 Pages
Works, Part 1 of these Supplemental Provisions and Part I of the SSPWC, in the order of
precedence in section 2-5.2 of the SSFWC, shall prevail over the CALTRANS specifications in all
other matters.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label ‘44’ would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor’s letterhead. The Letter of transmittal shall contain the following:
1 ) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor’s certification statement.
4) Specification section number(@ pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
-
When submitted for the Engineer‘s review, Shop Drawings shall bear the Contractor‘s certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
”1 hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval.”
By: Title:
Company Name:
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Project
Manager may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Project
Manager within San Diego County, accurate books and accounting records relative to all its activities
and to contractually require all subcontractors to this Contract to do the same. The Project manager
shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor‘s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Project Manager may deem necessary, upon reasonable
advance notice, Contractor shall make available to the Project Manager for examination, all of its,
-
e Revised 10/08/03 Contract No. PWSO5-01 LIB Page 42 of 58 Pages
and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such
data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be
carried out in a manner so as to not unreasonably interfere with Contractor‘s ongoing business
operations. Contractor and all subcontractors to this contract shall maintain such data and records
for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity
of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit
price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent
may, at the option of the Project Manager, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay
factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are
not a part of this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Work by Contractor. The following percentages shall be added to the Contractor’s costs and
2) Materials ............................. 15
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the exh work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Project Manager.
@ Revised 10/08/03 Contract No. WvS05-01 LIB Page 43 of 58 Pages
34 CHANGED .CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following:
The Contractor shall not be entitled to the payment of any additional cd'mpensation for any act, or
failure to act, by the Project Manager, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Project Manager due written notice of potential claim as hereinafter specified. Compliance
with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Project Manager upon their discovery and prior to the
time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure
to give written notice of potential claim for changed conditions to the agency upon their discovery
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
"The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Project Manager within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order that
such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 44 of 58 Pages
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Manager
2. Library Director
3. Assistant City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor's report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor's presentation of its report. The Contractor may appeal each level's
position up to the City Manager after which the Contractor may proceed under the provisions of the
Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for 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, (6) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment 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 or 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.
20104.2. 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 the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
Q Revised 10/08/03 Contract No. PWSO5-01 LIB Page 45 of 58 Pages
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
201 04.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration.
’
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(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is 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 legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Project Manager free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall fumish Engineer with such
information as may be necessary to keep the Project Manager fully informed regarding progress
and manner of work and character of materials. Inspection or testing of the whole or any portion of
the work or materials incorporated in the work shall not relieve Contractor from any obligation to
fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Project Manager, the source of supply of each of the materials shall be approved
by the Project Manager before the delivery is started. All materials proposed for use may be
inspected or tested at any time during their preparation and use. If, after incorporating such materials
into the Work, it is found that sources of supply that have been approved do not furnish a uniform
product, or if the product from any source proves unacceptable at any time, the Contractor shall
furnish approved material from other approved sources. If any product proves unacceptable after
improper storage, handling or for any other reason it shall be rejected, not incorporated into the work
and shall be removed from the project site all at the Contractor's expense.
a Revised 10/08/03 Contract No. pWSO5-01 LIB Page 47 of 58 Pages
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Project Manager, the substitution is
determined to be unsatisfactory in performance, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. -
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the
limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or
curb and gutter that is a part of the work and adjacent to the location where such utility structures
are shown on the plans and are noted as being located, relocated or are otherwise shown as
installed by others. In order to minimize delays to the Contractor caused by the failure of other
parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's
approval, may be permitted to temporarily omit the portion of work affected by the utility. If such
temporary omission is approved by the Engineer the Contractor shall place survey or other physical
control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency
or company. Such temporary omission shall be for the Contractor's convenience and no additional
compensation will be allowed therefor or for additional work, materials or delay associated with the
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temporary omission. The portion thus omitted shall be constructed by the Contractor immediately
following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
othewise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 14 calendar days after receipt of the ”Notice to Proceed”.
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Project Manager
will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of the
preconstruction meeting.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit a Baseline
Construction Schedule per the submittal requirements of section 2-5.3.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than
the specified contract duration will not be acceptable and will be grounds for determination of default
by Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completlon. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Project Manager may choose to accept the
Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency
is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all
other entities, public and private, which interface with the project are able to support the provisions
of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project
duration and implementing all contractual requirements including liquidated damages in accordance
with the revised duration.
Add the following section:
6-1.2.10 Project Manager’s Review. The Construction Schedule is subject to the review of the
Project Manager. The Project Manager’s determination that the Baseline Construction Schedule
proposed by the Contractor complies with the requirements of these supplemental provisions shall
be a condition precedent to issuance of the Notice to Proceed by the Project Manager. If the Project
Revised 10/08/03 Contract No. PWSOS-01 LIB Page 49 of 58 Pages
Manager determines that the Construction Schedule does not meet the requirements of these
specifications the Contractor shall correct the Construction Schedule to meet these specifications
and resubmit it to the Project Manager. Failure of the Contractor to obtain the Project Manager’s
determination that the initial Construction Schedule proposed by the Contractor complies with the
requirements of these supplemental provisions within thirty (30) working days after the date of the
preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used
by the Project Manager to review the initial Construction Schedule will not be included in the 30
working days.
The Engineer will review and retum to the Contractor, with any comments, the Baseline Construction
Schedule within 5 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.10.1 through 6-1.2.1 0.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Project Manager.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Project Manager with the update.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Project Manager’s comments prior to receipt of payment per
section 6-1.8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Project Manager,
may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT
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a Revised 10/08/03 Contract No. PWS05-01 LIB Page 50 of 58 Pages
BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the
Project Manager before the last day of the month in which the Updated Construction Schedule is
due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor
elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be
the Contractor's responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule indicate a completion or
contractually required milestone date later than the properly adjusted contract or milestone duration,
the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent
"Accepted Schedule Update remove all or a portion of the delay, all or the allocated portion of the
previously held Liquidated Damages shall be released in the monthly payment to the Contractor
immediately following the 'Accepted" schedule.
Add the following section:
6-1.8.3 Concluding Payment, Final payment will be made when both one hundred percent of the
contract work is completed and the Project Manager has accepted a final construction schedule
update prepared and submitted by the Contractor as required herein that shows the actual beginning
and ending dates and all other data that is required for baseline and update schedules for each
activity shown on the baseline construction schedule and updates thereto that the Engineer
accepted for this project.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Project Manager within two hours of the beginning of any period that the Contractor has placed
any workers or equipment on standby for any reason that the Contractor has determined to be
caused by the Agency or by any organization that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Project Manager, each working day,
throughout the duration of such period of delay. The initial and continuing written notices shall
include the classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the
cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by
reasonable means. Should the Contractor fail to provide the notice@) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 20 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless othewise approved in writing by the Project
Manager, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Project Manager if the Contractor desires to work outside said hours or at any time during weekends
and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The
Project Manager may approve work outside the hours and/or days stated herein when, in hidher
sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency.
The Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The
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Project Manager will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Project Manager is satisfied that all the materials and workmanship, and all other features of the
Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Project Manager's judgment, the Work has been completed and is ready for acceptance the Project
Manager will so certify to the Board. Upon such certification by the Project Manager the Board may
accept the completed Work. Upon the Board's acceptance of the Work the Project Manager will
cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date
of recordation shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following -two sentences: All work
shall be warranted for one (1) year after recordation of the "Notice of Completion" and *any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall-be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Two Hundred Fifty Dollars ($250.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages. -
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
7-3 LlABlUTY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as speclfied herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
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permit@) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
Construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ, NPDES
General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity"
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-1 0 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City's contracted waste disposal company, Coast Waste Management at 929-941 7.
Seventy two hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of
the impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
a Revised 10/08/03 Contract No. pWSO5-01LIB Page 53 of 58 Pages
the residences andor businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be cailed to obtain
additional information. One number shall be the Contractor's permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answerhg machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner OR what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Project Manager for
approval. Notices shall not be distributed until approved by the Project Manager.
-
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-112 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix "A".
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Project Manager's approval and at least 5 working days before closing, detouring,
partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify
the following :
1) The Project Manager ......................................................................... (760) 602-2012
2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -2197
3) Carlsbad Police Department Dispatch .............................................. (760) 931 -21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500
6) North County Transit District .............................................................. (760) 743-9346
7) Coast Waste Management ................................................................ (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Project
Manager's written approval prior to deviating from the requirements of 2) through, and including, 7)
above. The Contractor shall obtain the written approval no less than five working days prior to
placing any traffic control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of
Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any
cause, during the progress of the work, the Contractor shall immediately repair said component to its
original condition or replace said component and shall restore the component to its original location.
In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
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markings, delineation or devices as may be required herein, the Project Manager may, at hidher
sole option, install the traffic signs, markings, delineation or devices and charge the Contractor
twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic
control facility, whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of €he traveling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the traveling public during non-working hours. During the hours of darkness, as defined in Division 1 ,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Project Manager.
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (67, nor
operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the
distances shall be measured from the closest approach of any part of the equipment as it is operated
and/or maneuvered in performing the work. This requirement may be waived when the Project
Manager has given written authorization to the reduction in clearance that is specific to the time,
duration and location of such waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown on the traffic control plans
prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining
and removing traffic control devices. As a condition of such waiver the Engineer may require the
Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent
Revised 10/08/03 Contract No. PWSO5-01 LIB Page 55 of 58 Pages
traffic lane or provide barriers.
I
During the entire construction, a minimum of one paved traffic lanes, not less than 3.6m (12') wide,
shall be open for use by public traffic in each direction of travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
"Manual of Traffic Control", 1996 edition and provisions under 'Maintaining Traffic" elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Project Manager, within the limits of the right-of-way.
Add the following section:
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for "traffic control' shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
doing all the work involved in preparation, reproduction and changing of traffic control plans, placing,
applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare
and review modifications, additions, supplements and/or new TCP designs shall be included in the
lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will
be paid for as a part of the Lump Sum Amount for 'Traffic Control." The cost of labor and material for
portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of
labor and material for portable concrete barriers they will be paid as an incidental to the work being
performed and no additional payment will be made therefor. Progress payments for "Traffic Control"
will be based on the percentage of the improvement work completed.
Add the following section:
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 work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the work,
all necessary safeguards for the protection of workers and public, and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 56 of 58 Pages
SECTION 9 - MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the "Notice of
Completion"
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each
month, the Project Manager will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor's information. Should the Contractor assert that additional payment is due, the
Contractor shalt within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Project Manager with adequate justification supporting the amount of
supplemental payment request. Upon receipt of the supplemental payment request, the Project
Manager shall, as soon as practicable after receipt, determine whether the supplemental payment
request is a proper payment request. If the Project Manager determines that the supplemental
payment request is not proper, then the request shall be returned to the Contractor as soon as
practicable, but not later than seven (7) days after receipt. The returned request shall be
accompanied by a document setting forth in writing the reasons why the supplemental payment
request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall
make payments within thirty (30) days after receipt of an undisputed and properly submitted
supplemental payment request from the Contractor. If payment of the undisputed supplemental
payment request is not made within thirty (30) days after receipt by the Project Manager, then the
City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of
Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Project Manager will make a Final
Payment Estimate and process a corresponding payment. This estimate will be in writing and shall
be for the total amount owed the Contractor as determined by the Project Manager and shall be
itemized by the contract bid item and change order item with quantities and payment amounts and
shall show all deductions made or to be made for prior payments and amounts to be deducted under
provisions of the contract. All prior estimates and progress payments shall be subject to correction in
the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
a Revised 10/08/03 Contract No. PWSO5-01 LIB Page 57 of 58 Pages
Project Manager will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Project Manager will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Project
Manager to ascertain the basis and amount of said disputed items. The Project Manager will
consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish
within a reasonable time such further information and details as may be required by the Project
Manager to determine the facts or contentions involved in its claims. Failure to submit such
information and details will be sufficient cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 9-3.2 shall be
submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Project Manager to
ascertain the basis and amount of said claims. The Project Manager will consider and determine the
Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable
time such further information and details as may be required by the Project Manager to determine
the facts or contentions involved in its claims. Failure to submit such information and details will be
sufficient cause for denying the claims.
__
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Project Manager. The Contractor shall proceed with informal dispute resolution
under subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the project will not be included in the progress estimate or final payment.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be included in the various items of work and no other payment will be made.
@ Revised 10/08/03 Contract No. PWSO5-01 LIB Page 58 of 58 Pages
EXHIBIT A
THE CITY OF CARLSBAD
AUDIO VISUAL UPGRADE
TO
THE RUBY G. SCHULMAN AUDITORIUM
CARLSBAD CITY LIBRARY
CONTRACT NO. PWSO5-01 LIB
August 5,2004
General Scope of Upgrade Desired
In a continuing effort to improve the overall audio visual systems of the Ruby G. Schulman Auditorium, located at the Carlsbad City Library, the City of Carlsbad is seeking bids from
qualified contractors and providers of audidvisual equipment and services to perform the
following upgrades:
Install a new “Surround Sound” audio system, including additional speakers, amplifiers,
Dolby 5.1 surround sound decoder, delay and equalizing equipment and professional
grade DVD player
Install a larger front projection screen to allow for a greater viewing area for the audience
Install a new video projector with special “long throw” lens
Move existing speaker cabinets from behind wooden grill covers to front of auditorium
Rework the wiring and load factor of existing audio amplifiers to allow them to run more
efficiently
Move some existing lighting fixtures to accommodate the wider video screen
Add new low profile lighting fixtures to hide fixture from hanging down in front of new
larger front screen.
Allow for surround sound system to be patchable in existing audio patch bays to allow for
a method to use both the existing sound system for regular presentations and the new
surround sound system to be used during DVD movie playback.
Specifications of Project
1) SURROUND SOUND SYSTEM: The current audio system in the auditorium is made up of two distinct sound systems that are both controlled by an existing AMX controller
that utilizes two touch panels. One is located at the stage area in the podium and the
other panel is located in the video control room.
One sound system is designed to amplify voice and audlo sources from the stage out to
the audience and uses a separate VCA (voltage controlled amplifier) that is AMX controlled
to raise and lower audio into one set of audio amplifiers.
The other system is designed to take audio that is sent out from the Video Control room
(Production Audio) and send that into another VCA (also AMX controlled) that raises and
lowers audio into a second set of amplifiers.
(NOTE: It is the opinion of several professional audio technicians that the wiring of this
particular sound system causes all the amplifiers to run very inefficiently and as part of
this upgrade would like to see all the amplifiers used more efficiently. More on that later.)
Two speakers cabinets are currently mounted behind decorative wooden & cloth speaker
grill covers. The other speaker cabinet is suspended above the center of the stage (facing
audience) on the wall soffit above the stage.
MAIN SPEAKERS MOVED (Item #4 from above): The new surround sound upgrade will not
only incorporate additional speakers (two “side fill” and two “sub woofers”) and additional
audio amplifiers but will requ-ire that the main Left and Right speaker cabinets (behind the
wooden and cloth speaker grills) be moved out of the current enclosure. (See picture
below and drawing “Suggested Speaker Cabinet Placement” for suggestions on speaker
placement.) NOTE: This is primarily due to a new stage curtain that will be installed that
will completely cover the speakers (not part of this RFQ).
Speaker cabinets behii
wooden & cloth speakc
grills
REAR SPEAKERS:
Two, rear “SIDE FILL”
speakers will be also
suspended from the
ceiling to provide the
necessary elements to
make up a surround
sound system.
Because of the
acoustical panels that
are currently in the
room these speakers will also need to be suspended from the ceiling (See picture to your left
and drawing “Suggested Speaker Cabinet Placement” for suggestions on speaker placement.)
SUB WOOFERS: Two additional sub-woofer cabinets will need to be suspended from the
wall above the stage (to the left and right of the center speaker) on the “soffit” above the
stage. (See first picture and drawing “Suggested Speaker Cabinet Placement” for
suggestions on speaker placement.)
CENTER SPEAKER: The current tilt angle of the center speaker is incorrect. Cabinet is
facing “straight out” instead of tilting downward towards audience. The so7undwaves
emanating from the cabinet basically shoot right over the top over the audience’s heads.
The speaker mounting hardware will either need to be modified or replaced in order to
achieve a better disbursement pattern (angle) of the driver.
NOTE: Any speaker cabinet that will be suspended from the ceiling or wall (regardless of
method of suspension that contractor chooses), or modified (as in the center speaker) will
be done in such a manner to meet the following requirements:
a) The mounting hardware will be in keeping with the decor of the auditorium and
b) The hardware and infrastructure used to support that hardware will meet all safety, seismic and building code requirements.
CABLE RUNS: There is a small crawl space above the left and right side of the auditorium
that will allow for speaker cables to be installed. This crawl space can be easily accessed
from either side of the stage. Crawl space is located between air conditioning vents (see
picture below) and outer wall.
All cables that are run in
ceiling will be neatly dressed
and suspended from brackets
or cable hangers and will
NOT be simply “thrown
down” on the floor of the
ceiling crawl space. (Please
note existing audio snake that was recently installed in
same crawl space. The
orange, low-voltage tubing that it is placed in can
identify it.)
Contractor will follow similar
method when installing
speaker cables in ceiling.
RACK MOUNTING EQUIPMENT: All surround sound equipment (Audio Amplifiers, Dolby
5.1 Surround Sound Decoder and professional DVD player will be rack mountable in
standard EIA 19” rack space. DVD player can utilize a third party rack mount tray such as a
Middle Atlantic captive shelf. Part #RC-3 (or equivalent).
DVD PLAYER: DVD player will have component video outputs (either progressive or
analog Y, R-y, B-y component out) as well as a composite video output.
AMPIFIERS: Two additional audio amplifiers will be needed to power the new surround
sound system. One amplifier will be for the rear “Side Fill” speakers the other will be to
power the two sub woofers.
AUDIO DESIGN OF SIGNALS: Careful consideration will need to be taken when contractor
designs the audio routing of this new system. As mentioned above the AMX control
system that is currently in the auditorium is used to control both the Stage audio sources
and the Video Control Room audio sources (“Production Sources”). They show up on the
AMX touch panel as two different ICONS (specifically they are sliding faders).
When adding a new surround sound system contractor will understand that they are
“adding” to an existing system and it will need to be modified to accommodate the
surround sound system.
The AMX system Touch Panel design should be modified to reflect these upgrades.
Additional VCA’s may be required to be added to the AMX system control frame.
LOADING OF AMPLIFIERS (Item #5 from above): Also, as mentioned above the current
audio system is wired (by professional opinion) in an inefficient manner that causes the
existing audio amplifiers to not run at their peak efficiencies. (Volume controls on
amplifiers are turned almost all the way down most of the time). Contractor may re-
distribute audio path and amplifier loading to better utilize the power of the existing
amplifiers.
Contractor
may also
wish to
modify the AMX system
to simply
eliminate the
“Stage” and
“Production
Source”
audio control
and, instead
have
“lectures”
and
“Surround
Sound”
system
control as the
new ICON
identifier and
control.
PATCH BAY (Item #8 from above): All new audio inputs and outputs, including the
surround sound decoder and the new audio amplifiers shall be routed through the existing
empty audio patch bay (Bittree) slots located in Bay 1 (far left side) within the Video
Control Room.
3) NEW LARGER FRONT PROJECTION SCREEN: Currently there are two hidden,
electric, roll-down screens in the auditorium. (See drawing “SCREEN PLACEMENT AND
NEW VIDEO PROJECTOR LOCATION”) One screen is a 10’ x 7-6 rear projection screen
and will not be upgraded. The second screen is a 10’ x 10’ (slide ratio) front projection
screen and was originally installed to accommodate a lecturer or presenter who wished to
use a slide projector(s) as part of his or her presentation. It is this second screen that will
be upgraded.
The slide projectors that are currently in the vldeo control room are no longer used and
will be removed and replaced by a new video projector. In that effort the Carlsbad City
Library desires to upgrade the small 10’ x 10’ front screen to a larger 12’ (h) x 16’ (w) front
projection screen.
INFRASTRUCTURE CONSIDERATIONS: The existing 10’ x 10’ front projection screen is
encased (surrounded) by metal support members; ceiling structures, metal brackets that
support the lighting gridand other materials. To remove the screen.and redesign the
ceiling infrastructure to accommodate a larger screen would be cost prohibitive
DISABLE SCREEN: The Library seeks, as part of this audiovisual upgrade to leave the 10’ x 10’ screen in place but permanently disable it and remove all electrical connections to it.
MOUNTING NEW LARGER SCREEN: A larger 12’ x 16’ front screen (Le. DeLlte
”Professional Electrol”) can be mounted right over the opening of the older 10’ x 10’
screen that will be disabled. Two small, metal lighting bars that make up the overall lighting grid will have to have the lighting fixtures moved (that normally hang at those
locations) in order to accommodate the larger screen. If needed lighting bars may need to
be moved.
NOTE: Lighting bid is part of this RFB.
The new screen will utilize the same AMX low-voltage controller port so that there should be no additional AMX programming needed to control the new screen. Also, has been
advised on a better approach than reworking the entire ceiling infrastructure. Contractor
will have to provide the new screen, mounting hardware, electrical modifications (if any)
and labor as part of their quote to the City of Carlsbad.
CODE REQUIREMENTS: As always any structure or piece of equipment that will be
mounted from the ceiling will meet all safety, seismic and building code requirements.
3) NEW VIDEO PROJECTOR: As mentioned above, in the video control room there is a
dual slide projector system that currently sits on a sturdy shelf 6‘ - 6’’ from floor level.
(See picture). These slide projectors shoot their images through a glass window that is
center “aligned” to the old 10’ x 10’ front projection screen.
These slide projectors will be removed and replaced with a new high-powered video projector.
The Carlsbad Library is looking for a projector equal to or greater than the performance and
specifications of the SANYO PLC-XF35N/NL (see specifications below) Please note that the
6,500 ANSI lumens is measured when projector is in “dual lamp” mode.
Mountinq: Projector will be mounted to heavy-duty shelf (pictured, left) with brackets and
mounting hardware that will not only prevent the unit from sliding off of shelf but also will
meet current seismic requirements.
LENS: Distance from glass window (in Video Control Room) to the surface of the new
front projection screen is approximately 62 feet. Therefore it will be necessary to
include in your quote for a new projector the cost of a special, long-throw lens to fill a
12’ x 16’ screen at 62 to 64 feet.
INPUTS: Video projector will need to accommodate three inputs:
A) Component (or progressive) analog video from DVD
B) Composite video input and
C) VGA (RGBHV) connectivity
PATCH BAY: The composite video input of the video projector needs to be wired directly to
the video patch panel located in Rack #1 in the video PLC-XF35N/N L
control room. The 6500 ANSI Lumens (Typical)
component video input Approx. 13,000 ANSI Lumens when Twin-stacked
needs to be wired directly
to/from the new DVD player 0 11 0O:l Contrast Ratio
True XGA (1024 x 768) Resolution Compressed UXGA Resolution
in the control room. The
RGBHV connection will be a
small jumper cable (RGBHV
to HD15 pin VGA Male)
breakout cable
approximately 15’ in length
that will allow local laptop or
desktop connectivity.
REWORKING OF
LIGHTING FIXTURES
(Item #6 from above): In
order to install a much larger
12’ x 16’ screen the lighting
fixtures that currently hang
on the two, small lighting
grid pipes (one on the left
rill need to be mo ved.
Further, certain fixtures used for back-lighting (hair light) are essential to remain in the same
location. However with a much wider screen in place those fixtures would be very noticeable
from the audience point of view and therefore will need to be replaced altogether.
NEW LIGHTING FIXTURES: The Carlsbad City Library is recommending that Lighting Contractor
replace backlights with three “MVP Studio Series” MSL-2FT55/830-M1870-SDAN-120 Low Profile
Video
Studio Accent Illuminator (or equivalent). Along with these new light fixtures will need to be a
DMX to Analog converter, a honeycomb filter for each fixture and all the necessary hardware to
mount these units including Proplex 5 pin cable, Analog-Dimming, Slave Control Cable and the
3200 Kelvin (color corrected) lamps for each.
EQUIPMENT TO BE PROVIDED
7
8
9
10
11
12
13
14
15
16
17
18
19
1
TBD
TBD
TBD
TBD
TBD
1
HARDWARE: Mounting hardware for titling center speaker down
towards audience
HARDWARE: Nylon clips or cable hangers for speaker cables
CABLE: Belden 1861 A non-paired - (or equivalent) speaker cable (as
needed)
CABLE: Belden 9461 (shielded, balanced) for equipment-to-equipment
connections of audio components (or equivalent).
CABLE: “Breakout” RGBHV to high density 15-pin VGP-type male
connector
CABLE: Belden 11 64b (3 pair) RGB (or equivalent) for component
video inputs into video projector from DVD player (As needed)
CABLE: Belden 8241 (RG59-type) coax (or equivalent) for composite
video input into video projector (As needed) with 75 ohm BNC
connector on each end (cable must be labeled for identification
purposes)
AMPLIFIER: QCS 3002 (or equivalent) audio amplifier needed for
surround sound system (side fill)
AMPLIFIER: QCS PLX1202 “Powerlite” (or equivalent) audio amplifier
needed for surround sound (sub-woofers)
CROSSOVER: QCS UF-2 Universal Filter Model #FG-004031-00 low-
pass filter/crossover for PLX series amplifier (provides low-passhigh-
pass filtering for sub-woofer amplification)
DELAY/PROCESSING; Ashly Protea System II EQ/delay, or “Lc.
electronics”’ TC 1280 with additional “EQ equipment (or equivalent)
processing equipment for surround sound system speaker protection,
delay and equalization adjustments
CONNECTORS: Bittree E-3, 3-pin connectors for audio patch bay
modifications to add surround-sound tie-line to system
HARDWARE: All necessary mounting brackets and hardware required
to securely mount video projector to upper “slide projector” shelf
located in control room.
1
1
1
1
15
1
21
22
23
24
25
26
27
28
29
FRONT SCREEN: Motorized Da-Lite "Professional Electrol" 12' x 16
with low voltage controller (or equivalent).
HARDWARE: Suspending of new 12' x 16' front, electric roll-down
screen from ceiling above stage area. (Including electrical)
LIGHTING FIXTURES: Low-Profile MVP "Studio Series" lights MSL-
2Fr55/830-M1870-SDAN-120 (or equivalent)
45 degree Aluminum Honeycomb filters for new lighting
fixtures (Matte Black)
3200 Kelvin Lamp UPCHARGE
C-Clamps for new lighting fixtures
Safety cables for new lighting fixtures
DMX to Analog converter
1
3
3
6
3
3
1
100'
15'
I LIGHTING CONTROL CABLE: Proplex 5 pin cable (or equivalent) I I
Analog-Dimming, Slave Control Cable:
State Tax (7.75%) on equipment/parts/materials
I I ~~ Installation
Training I I
1. SCOPE OF WORK
The Contractor will supply and install the audio video upgrade to the Ruby G.
Schulman Auditorium located at the Carlsbad City Library, 1775 Dove Lane,
Carlsbad, CA as described herein. The service company will furnish all
material and labor necessary for the installation of said System.
II. WARRANTY
A. Manufacturer's Specifications and Warranty:
1. Within 15 calendar days after issuance of "Notice to Proceed", contrctor must submit
to the Project Manager two (2) copies of each of the selected manufacturer's material
specifications and installation instructions.
2. Within 15 calendar days after issuance of "Notice to Proceed", Contractor must submit to the Project Manager two (2) copies of the manufacturer's warranty
package.
3. Contractor hereby warrants to City that any equipment installed as part of the audio
visual upgrade to the auditorium is free from defects in material and workmanship for a period of two years from the date of acceptance by City.
B. Installation Warranty:
Service Company hereby warrants to City that their installation, including all material,
cables, connectors, hanging hardware, routing, patching and all other material and
services associated with this project will be free from defects in material and
workmanship for a period of one year from the date of acceptance by the City of
Carlsbad. Further, Service Company will agree to remedy all reported problems (for
example: defects in wiring, function problems with equipment, performance problems
and other, related problems) that are a result of installation of system for no cost to
the City of Carlsbad during warranty period. NOTE: Video Projector lamps are
excluded.