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Home My WebLink AboutBowser Cabinets & Casework Corp; 1986-05-14; 3006-7A* Kecoraing Kequestea ay an Kecurn io: City Clerk 1200 Elm Avenue Carlsbad, CA 92008 e 2- 624 NOTICE OF COMPLETION To All Laborers and Material Men and to Every Other Pers Interested: YOU WILL PLEASE TAKE NOTICE that on January 13, 1987, t project consisting of cabinets at the Carlsbad Safety and Servi Center, on which Bowser Cabinets was the Contractor, w completed. CITY OF CARLSBAD - PROJECT COORDINATOR VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the Ci Council of said City on h 27 , 1987, accepted t above described work as kompleted and ordered that a Notice Completion be filed. I declare under penalty of perjury that the foregoing true and correct. Executed on - 2 y , 1987 at Carlsbad, California. ! I CITY OF CARLSBAD 7 I ALETHA L. RAUTENKRANZ City Clerk 87 065710 *. .-- 1 \/ERAt.L"lLE LQU'IIY l?ECO!?gER "-"-.m, ! e e 1 i. 8 1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (619) Office of the City Clerk aitg of (aarlsbab January 30, 1987 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation are the following described documents: * Notice of Completion - Engineering Elevatorsat Carlsbad Safety and Service Center; Reliable Elevators Contractor Notice of Completion - Engineering HVAC at Carlsbad Safety and Service Center Kinney Air Conditioning Contractor Notice of Completion - Engineering Fire Sprinklers at Carlsbad Safety and Service Center; Orving Engineering Contractor Notice of Completion - Engineering Electrical at Carlsbad Safety and Service Center Catton-McCutcheon Contractor Notice of Completion - Engineering Service Station Equipment at Carlsbad Safety and Service Center; Lube Life Equipment Contractor Notice of Completion - Engineering Vehicle Wash at Carlsbad Safety and Service Center; N/S Corporation Contractor Notice of Completion - Engineering Precast Concrete at Carlsbad Safety and Service Center; Tecon Pacific Contractor Notice of Completion - Engineering Miscellaneous Metal at Carlsbad Safety and Service Center; Tulsa Steel Manufacturing Contractor 0 \' Vera L. Lyle County Recorder January 30, 1987 Page 2 Notice of Completion - Engineering Doors and Frames at Carlsbad Safety and Service Center; Estrada Hardware Contractor Notice of Completion - Engineering Concrete Masonry at Carlsbad Safety and Service Center; L.R. Hubbard Contractor Notice of Completion - Engineering Glass Block Ceilings at Carlsbad Safety and Service Center; Dittman Masonry Contractor Notice of Completion - Engineering Toilet Partitions at CArlsbad Safety and Service Center; Maloney Specialties Contractor Notice of Completion - Engineering Glazing at Caxlsbad Safety and Service Center Pacific Glass Contractor Notice of Completion - Engineering Aluminum Canopies at Carlsbad Safety and Service Center; Construction Specialties Contractor Notice of Completion - Engineering Drywall at Carlsbad Safety and Service Center; E.F. Brady Co. Contractor Notice of Completion - Engineering Roofing at Carlsbad Safety and Service Center Hess Roofing Contractor Notice of Completion - Engineering Sheet Metal at Carlsbad Safety and Service Center; California Sheet Metal Contractor Notice of Completion - Engineering Insulation at the Carlsbad Safety and Service Center; Dittemore Brothers Contractor Notice of Completion - Engineering Ceiling Doors at Carlsbad Safety and Service Center; Southern California Overhead Doors Contracto: Notice of Completion - Engineering Pneumatic Tubes at Carlsbad Safety and Service Center; Air Link International Contractor 0 0 -e Vera L. Lyle County Recorder January 30, 1987 Page 3 Notice of Completion - Engineering Cabinets at Carlsbad Safety and Service Center Bowser Cabinets Contractor Notice of Completion - Engineering Tile at Carlsbad Safety and Service Center McCandless Tile Contractor Notice of Completion - Engineering Painting at Carlsbad Safety and Service Center Simmons and Wood Contractor Notice of Completion - Engineering Carpets at Carlsbad Safety and Service Center; Vincent Wentz Contractor Notice of Completion - Engineering Access Floorink at Carlsbad Safety and SErvice Center; Tate Access Floors Contractor Notice of Completion - Engineering Folding Partitions at Carlsbd Safety and Service Center; Advanced Wall Systems Contractor Notice of Completion - Engineering Window Coverings at Carlsbad Safety and Service Center; Sheward & Sons Contractor Notice of Completion - Engineering Lockers at Carlsbad Safety and Service Center Goodale Co. Contractor Our staff has determined that the recordation of these documents i: of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. 2jiiiiYXTY eputy City Clerk Encs. 0 Kecording Kequested tsy a Kecurn LO: 1200 Elm Avenue Carlsbad, CA 92008 "City Clerk rp NOTICE OF COMPLETION To All Laborers and Material Men and to Every Other Per Interested: YOU WILL PLEASE TAKE NOTICE that on January 13, 1987, project consisting of cabinets at the Carlsbad Safety and Serv Center, on which Bowser Cabinets was the Contractor, completed. CITY OF CARLSBAD PROJECT COORDINATOR VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the C above described work as [ompleted( and ordered that a Notice Completion be filed. I declare under penalty of perjury that the foregoing Council of said City on h 27 , 1987, accepted true and correct. r , 1987 at Carlsbad, CaliforniE e CITY OF CARLSBAD Executed on ALETHA L. RAUTENKRANZ City Clerk Watkins & Spreier Insurance 7750 University Ave., Suite D La Mesa, CA 92041 FphNgEs &EFoRDiKs COVE,RAGE CONTINENTAL INSURANCE INDUSTRIAL INDEMNITY John Bowser DBA: Bowser's Custom Cabinets 8070 Arjons Drive San Diego, CA 92126 CBP 916242 PRODUCTSICOMPLETED OPEWTIONS INDEPENDENT CONTRACTORS BROAD FORtvl PROPE4TY DAMAGE PERSONAL INJURY PERSONAL INJURY ALL OIlVNED AUTOS (PRIV DASS ) CBP 916242 NON-OWNED AUTOS GAME LIABILIlY CB 8601472 RE: CITY OF CARLSBAD PROJECT City of Carlsbad & Koll Construction Co. 2237 Faraday Avenue Carlsbad, CA 92008 * e 0 (I * (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) CL 20 09 (Ed. 01 73) 6116 IS0 6116 ADDITIONAL INSURED (Owners or Contractors) COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LlABlLlTY INSURANCE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: LlABlLlR __1 __- , forms a part of policy No. CBP 916242 112:Ol A. M., standard time) I--- This endorsement, eifective 4/25/86 issued to John Bowser DBA: Bowser's Custom Cabinets by Continental Insurance Company r. /My . . . , . . . . . , . . , . . . . . . . . . . . ized Heprese 2^ atlve Schedule A?. , Name of Person or Organization (Additional Insured) Location of Covered Operations City of Carlsbad Project 2237 Faraday Avenue Carlsbad, CA 92008 Premium Bases Rates Advance Premium City of Carlsbad si Koll Construction Co. Bodily Injury Liability Cost AT AUDIT $100 of cost AT AUDIT $ Property Damage Liability Cost AT AUDIT $100 of cost AT AUDIT 5 Total Advance Premium $ SUBJECT TI AUDI T It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "addition but only with respect to lidbility arising out of (1) operations performed for the additional insured by the named insured at the location desi1 or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2 None of the exclusions of the policy, except exclusions (a), (c), (f). (g), (I). (1) and (m), apply to this insurance. 3. Additional Exclusions This insurance does not apply. (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at I covered operations has been completed or " (2) that portion of the named insured's work out of ahich the injury or damage arises has been put to its intended use by any person o other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out cf any act or omission ot the additional insured or any of his employees, other than gene1 of work performed lor the ddditional insured by the named insured; (c) to property damage to (1) property owiied or occupied by or rented to the additional insured, (2) property used by the additional-insured. (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exen control, or (4) work performed for the addi!ional insured by the named insured. 4 Additional Definition When used in rt?ference to this insurance, "work" includes materials, parts and equipment furnished in connectioi [I AUTH E NTIC[\ , ,, 1 I .. , . , ,- ,..,.. ,. '.' -..I."... D. ..I. ApgEs g@FORDiNG gQjn2EzBicE CONTINENTAL INSURANCE CO INDUSTRIAL INDEMNITY JOHN BOWSER DBA: BOWSER'S CUSTOM CABINETS 8070 ARJONS DR. SAN DIEGO, CA 92126 20ilCY NUhi3EFi CBP 916242 PRODIJCTSICOMPLETED OPEW;TIOb!S ?ESSONAL IN2UilY INDEPENDENT CONTRACTORS PERSONAL INJURY NON-OWNED AUTOS GAWGE LIABILITY 3NEHlCLESISP~GPL ITEMS ALL OPERATIONS ADDITIONAL INSURED ENDORSEMENT TO FOLLOW FROM COMPANY 2237 FARADAY AVE. CARLSBAD, CA 92008 attn; Steve Mahoney \,LA I L+L unL\>..aI,rtu u IX~JYU vv .-A ., .. - iSa VESA. ?A. PTC’Fi 237 FAaADiiY AVE e ARLSRAB, CA 32008 PLEASE BX AJ?VISED TfIAT OUR OFFICE IS IJMRBLE TO iSSIX CFRTTFICrl’TBS OF ~ESlJ&j~?CE WIT!J TRTI CANCELLATION CJ,AUS?? X’ r) OUT 011 SliC’:’ ~’,DI!ITIO?:ELL IhSURED THIS E3?Q3SF?XXI‘ !EST COYE ?BO?{ TKE IFSURIKG CO%’ANY. fROCESSE3 FTAfT $.?P’ Q:TSYT@S ?LEASE CBLT, 9IJZ OFFICE. AS 5903 hS IT IS 14 YCTS Qm P,RCZ.:/I’I‘T! IN ou:: OFFICE ?.[E mLJL FORTdARD OF- 7-19 XU. 1JELf)A I7t;IC cc : SOWSFRS cwmi CANBETS , CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA i BIDDING DOCUMENTS PUBLIC SAFETY AND SERVICE CENTER . FOR- ____ . - . I ---- - .. - - -- 1 -2 Contract No. 3006 Bid Package No, 7 _- For: Cabinets - Item No. 7A I 0 0 4 '_ , - Pag ( *- CITY OF CARLSBAD PUBLIC SAFEfY AND SERVICE CENTER CONTRACT NO. 3006 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the read the Notice Inviting Bids, examined the plans and specifications, and hc proposes to furnish all labor, materials, equipment, transportation and ser required to do all the work to complete Contract No. 3006 in accordance wit the Plans and Specifications of the City of Carlsbad, and the special provisions, to wit: The following proposal form includes work associated with the sitework bid package 117 items 7A through 7M. 1. Proposals for the work shall include separate prices for each item of 1 bid: Bid #7A, or Bid #76, etc. A proposal for work may include a bid! combination for any or all items of work, but must also include bids fi each separate item. Award on a combination bid will only be made if i the lowest of any possible canbination of bids - and is lower than the tc bids of the lowest responsible bidders on the particular items of worl making up that canbination bid. The City reserves the right to (a) aw, separate contracts for each bid item, or each canbination of bids, or make no award at all. Note: If not bidding on an item of work, the bidder shall state "no b Proposals for the work in each bid package shall be canplete per the p specifications and contract documents. Items listed in the special provisions are for clarifcation only and shall not be considered as a complete list of all the required work. 2. 3. Quantities of materials and earthwork used on the plans are for permit purposes only. All bidding contractors are required to complete their quantity take offs, and submit lump sum bids for-all work unless speci unit prices are requested within the special provisions. All work associated with sheet nine of the improvement plans (Impala Drive), sh be broken out separately on the proposal form. has/have been received and - is/a 4. Addendda) No(s). One - included in this proposal. 0 0 Pag 1- Bid Item d - CABINETS 7A Complete cabinet work for the lump sum mount of One hundred - eishty-three thousand. seven hundred forty-one dollars and no ce& - -- - $183.741.00 CERAMIC AND QUARRY TILE - - 7B Complete ceramic and quarry tile work for the lump sum amount of --- - No Bid - $- _I_- GLASS BLOCK 7c Complete glass block work for the lump sum amount of $ No Bid -- -- PAINTING, WATERPROOFING AND WALLCOVERING 7D Cmplete- painting, waterproofing and wallcovering for the lump sum amount of - No Bid - -- $ --_I_ d ---- FLOOR COVERING AND MARLITE PANELS 7E Complete floor covering and marlite panel work for the lump sum am - - No Bid - I of - - I -- $ ACCESS FLOORING 7F Complete access flooring for the lump sum mount of I No Bid - :-T--: -- FOLDING/OPERARLE WALLS 7G Complete Folding/operable walls for the lump sum amount of No Bid .7 I_ - 7G- 1 Alternate additive price to provide electically operated walls wit meeting area for the lump sum amount of -- No Bid $ -_I- - a!!$$/ I””, >I2 e 0 a PW Bid Item # - FLAGPOLES 7H Complete flagpole work for the lump sum mount of -- & - - *$---. - Ndd - TOILET PARTITIONS AND ACCESSORIES 71 Complete toilet partition and accessory work for the lump sum amo~ of -- No Bid - -__L- $ SECURITY GATES/OPERATORS, CHAIN LINK FENCING AND MESH PARTITIONS 73 Complete gate, fencing and partitiqn work for the lump sum amount - METAL LOCKERS 7K Complete metal locker work for the lump sum mount of - No Bid $ - CAULKING/SEALANTS - 7L Complete sealant work for the lump sum amount of --- . No Bid --- - - e 3- WINDOW COVERINGS _.- 7M Complete window covering work for the lump sum mount of -- - - No Bid II . -- COMBINATION BID 7N Combination Bid No's. No Bid I for the lump sum amounrgf $ _I NOTE: Bidder's must also bid combination bid item numbers separat 1 e e %- SF Pag Accompanying this proposal is Bid Bond equal to ten percent (10%) of the total bid price. (Cash, Certified Check, Bond or Cashier's Che Bowser Cabinets & Casework Corn. 481 I41 33-0057251 Bidder's Name State License No. Employer I.D, 8070 Arjons Drive John Edward Bowser I11 Bidder ' s Address Name San Diepo, California 92126 619-578-4450 2-27-86 Phone No. - Date Name Corporation Type of Organization (Individual, Corporation, Partnership) Authorized Signature List below names of President; Secretary; Treasurer; and Manager, if a corporation, and names of all partners, if a partnership: John E. Bowser 111, President Debbie Bowser, Secretary Debbie Bowser, Vice President -- ~ John E. Bowser 111, Treasurer (PLEASE ATTACH NOTORIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRI t4CIPALS. ) (CORPORATE SEAL) W W .J I 0 , personally known to me or proved to me on the basis of satisfactory evldence to be the person, whose name .is subscribed to the cuted the same. within instrument and acknowledged that hP exe- i ;ir I re aY 1 (This area for officd notand Sed) - #- e e Bond #3 SM 680 5 Page BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, BOWSER CABINETS & CASEWORK , as Principal, a AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held ad firmly boul unto the City of Carlsbad, California, in the sum of 10% of bid not to exceed: *EIGHTEEN THOUASAND FOUR HUNDRED Dollars ($ 18,400.00 1, lawful money I the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly be these presents. THE CONDITION Of THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: CABINETS FOR PUBLIC SAFETY & SERVICE CENTER JOB. #3006 in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from t 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 mount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this - I 1 i , -26th day of February , 1986 . -- I AMERICAN MOTORISTS INSURANCE COMPANY BOWSER CABINETS & CASEWORK - Surety Principal i ~* 1 (Attach acknowledgement of Attorney in Fact) I I f (Notarial acknowledgement of execution by a1 1 PRINCIPALS and SURETY must be attached.) (Corpbrate Seal if corporation) i - 0 a AMERICAN MOTORISTS INSURANCE COMPANY * '- POWER OF AnORNEY Home Office: Long Grove, IL 60049 Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of II having its principal office in Long Grove, Illinois, does hereby appoint * * * * * ** ** * * * *** ** *** * * * * * * * * ** * *** * Cecily 14. Gipson of Sari Diego, California*~***~***************~****** its true and lawful agent($ and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with issuance of this power and ending December 31, 1986, unless sooner revoked for and on its behalf as surety, and as deed: Any arAd all bonds aFd undertakings provided the amount of no one vxderteking exceeds OX2 WX3RE3 TEI0USA.W XLLARS ($1GC,CCO.CC?)***++*** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver-any bond or undertaking which guar payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Americar Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowlec regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1986. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set fc hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the Chairman, the President, or any Vice President, or their appointees designated in writii with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize therr on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnii writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution a the Board of Directors of the Company at a meeting duly called and held on the 20th day of May,'l981: "VOTED, That the signature oi the Chairman of the Board, the chairman, the President, any Vice President, or their appointees de writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secreta ma by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20%, 19 such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to b binding upon the Company." In Testimon Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corr Attested and Certified: AMERICAN MOTORISTS INSURANCE Cc to be affixeJby its authorized officers, this 7 5tb day of *r jl I19Rc;. STATE OF ILLIN'OOIS COUNTY OF LAKE )ss I, Margaret Redmore, a Notary Public, do hereby certify that C. H. Kasbohm and R. H. Johnson personally known to mc same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Cc Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person anc acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said i as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes thereii $.*' "*.e & y)3* uMMargaret Redmore, h My commission expires: July 6, 1988 FM836-3 7-84 1M PRINTEI Power of Attorney-Term (-j 'YI1F. *ICCl.'. 0 0 CERTIFICATION i, Sven L. Johanson, Secretary of the Americ n Motorists Insurance Company, do hereby certify that Power of Attorney dated April 13 9 1385 on behalf of &P i 1 v ' M - qioqon , c I] a? f fornf ? *9***'~************************* is a true and corre~ .Sgn 3 inan. that same has &en in full force and effect since the date thereof and is in full force and effect on the date of this certifi further certify that the said G. H. Kasbohm and R. H. Johnson who executed the Power of Attorney as Vice President respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President an the American Motorists Insurance Company. IN TESTIMONY WHEREOF I hav unto subscribed my name and affixed the corporate seal of the American M ance Company on th ie- may of ,I9 0 .. ~ s SG," L. jot This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named the have no authority to bind the Company except in the manner and to the extent herein stated. OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINO!S 60049. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (31 2) 540-2000, CONTRACT BOND C FhZ83&3 7-84 1M a 0 The bidder is BOWSER CABINETS & CASEWORK CORP., a California corporat I am joint share holder with DEBBIE BOW day of February, 19 The president of said corporation is JOHN E. BOWSER I11 who is authorized bind the bidder to this contract. Executed at San Diego, California, on This 27th BOWSER CABINETS & CASEWORK CORP. By: t%?LK . wser TII, Pre- I DEBBIE BOWSER, am the secretary of the above-named corporation and certify that this document was signed by JOHN E. BOWSER 111, president of BOWSER CABINETS & CASEWORK CORP., on February 27th, 1986. ’ BOWSER CABINETS & CASEWORK CORP. - By : Debbie Bowser, 4( Secretary b.azc, State of California 1 ss. County of San Diego ) Subscribed and sworn to me this 27th day of February, 1986. iu’otarl my commission expires March 10, 1987 a 0 Page .- DESIGNATION OF- SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following liste Contractors in making up his/her bid and that the subcontractors listed will used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications No changes may be made in these subcontractors except upon the prior approva the City Engineer or the City of Carlsbad. required for each subcontractor. required : The following information is Additional pages can be attached, if Work Company, Name A Diebold Unit #117-29 Neoparium TOP Forms and Surfaces. - Installation & Installation - GMC Construction I_ Diebold, Orange County Paul --- Alan Construction - - -- --- - - - - I -- -- -. -- --a - --._ - -- - -- &!!&a- l2r- 9 0 0 I Pag E BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. Either a current audited incane tax or profit/los st a tement . See &ached - 6 a ath prafit. / loss smt e -- -- --- -I - - -- -- -- - - - --I- I_ - A- -.> - --- Siqn *&d- ure ” (Notarize or Corporate Sed) - -~ -- -~ ~ 0--- - I- e EOWSER" S CAE I NETS $9 CASEWORK CCtRP . ,i i FROFI T AND LOSS STHTEMENT ., 1 DECEMBER 31 , 1985 CURRENT % YEAR -T 0-DATE j -. - - 1 INCOME SALES-CONTRACTS 1 35,378 II 7 1 8il8 I 220 .65 TOTAL 135,398.71 100.0 803,633.35 i REFUNDS 0 .00 < 4,537.30:, ------------ ------------ i 1 COST- OF SALES PURCHASES-MATER1 ALS 4P?26P.f5 36.4. 27ii ,48&.&#? I I I ! O/S SERVICES 14.102.25 10.4 88,311. tY DIRECT LABOR 32,1'?4.3'7 23.8 182,401.04 i EQUI WENT RENTCiL 134.41 0.1 362.33 WORK IN FROCESS-MATERIALS 11:3,6Y2.00:) (10.1) (24,144.04) I t WORK IN PROCESS-LABOR <4,157.44> < 3.1 > (7,411.75) i PURCHASES-PAINT ! TOTAL 1 -0 3,846 55 407.24 ci . 3 1 ----_------- ------------ < 78,258.43 c7 J( .a 524,451 . PS ------------ ----_------- 273,231 -37 I=- i GROSS PROFIT J/ ,140.28 42.2 I ; EXPENSES i ADVERT I s I r.iG 0 .oo 0.0 277.52, At-ItrRT I ZAT I ON 2 E3 , CI ci 0.0 177.00 i 1 AUTO EXPENSE 173.64 0.1 81175.10 i BANK CHARGES 1o.is1s 0.0 249.30 1 DEPREiCIAT1i:iN 2,0:35.~i~i 1.5 121'?45.cilj 1 DUES k SUES~~:RI PT I ords 251 .OO 0 . 2 p-72 . [I 2 1 cot.1T.i 1 ss 1 ow 3 , 29 1 . $3 2.4 4 , 243.07 CClRP. FILING FEES 0 * 00 0 ,o 5.00 .. EMPLOYEE TF:AIbIIt-JG 0 , 15 ii 0 . 0 80 . 013 EMPLOYEE EELAT I ONS 514.36 0.4 514.35 I ~\JSl-lR&I.IizE 2 , 20 6, , 35 1 .6 3,835 * 4 1 1 I.] 5 1-1 F&N C E - C; F! 0 l-1 P 3 547 * 20 1 2 , *? .?E-* 1 r~l S 1-1 R&t;J C E -(:,I/' I: f 1 ' 60 1 . 8:3 I NT E R E ST 1,710.7'7 1 .3 LEASE-HUT 0 0.00 0 . 0 766.32 LEASE-EQUI PMENT 33:s. 44 0.2 1 , p8ij . p:2 LEI'..: P.lOT1 CE:3 107.87 il . 1 3&5.37 7 , 0 &*4, 00 LI CEI.j:sES [I . 0 ij 0.0 OFF I CE :5I-ipPL I ES 1:;xj , 4:3 111 . 1 2,JTO. 35 ' OUTS I DE SEW I CES 35. i4 0.1 & 8 '3 . 2.2 1 4 , 3 7*-, ' PA'( ROL L - 0 RAFT SMAN 2 * 972.38 6.6 3 .7 , .-L 3 . a3 4 r 0*58.25 3 , 111 27,2.2,5,7 1 . PA"( I? 0 L L - SAL EStvlAN 4, 975.34 . 3.7 2 ,b, ~ ;E: 1 ,s . 7 0 I PAYROLL-OFF I CE 2 1 , p 111 0 . 0 0 PAYRI]LL-IJFF I I~ER!~ 3 , 4 0 111 , 0 n F' F' .. 1-1 - F E #> .-, #-, .> I iIif..IA L 5 E Et,,' 1 I: E S "4 C' 1 * ;S? IJ I ,2, 5,187.59 RENT 5,248.65 3 , p 41,714.84 F:EPA I RS & PIA I NTENANCE 1 , 131 .t5 0 . s 4,340.75 C&L,+f2?T..+,UTij 3 v 1 32.0 0 2.4 3 , 1 82 , [I 0 c ,HLES c F5F;rJMOTI ON .:, .:. . 2 ij 111 , ii 434.22 SIJFPL 1 E:; & SP;lALL T11itiL.S 182.11 0 . 1 .f .-I 3 , 4 0 TAX E !s -fA'f ROL L L6 , .- .d3 . 35 1 ?383. -52 1 . 0 j, 245,55 2.4 .-, .-, o . 8 ii c .- .-, c i I 4 -. i '-2 .>e i .,.;. .q.=* 2 3 ' 2'FY. 1 p '2 , 4 ~- .' 1 0 e ! BOWSER'S CABINETS & CASEWlJRk' CURP. I'] PROF IT AND LOSS STATEMENT DECEMBER 31 , 15'35 CURRENT X YEAR-TO-DATE 0.00 0.0 34.03 ' TAXES-REAL ESTATE 1,434.55 1.1 1 ,434.85 TELEPHONE 871.25 Cf . 4 2 , 275 * 51 UTILITIES 796 * 33 15.6 4 ~ 653.71 TOTAL 48,CI18.75 35.5 242,1732 * 0; i i i i TAXES-PERSONAL PROPERTY ------------ ----------- ------------ ----------- I INCOME (LOSS> 9,126.53 6.7 3.5 , 247. 3: . OTHER 1s 6 4 :3 . [f .&I 0.5 4,068 * 2: FR I NG E BENEF I T-AUT O 7 i OL n .=I . 11 0 0 . i 782.01 TOTAL 1,430.06 1.1 4 7 850 a 2: : NONOEDlJCT I BLE PENALT I ES 235.78 0.2 1 ,237.4' ' CORPORATE FED INCOME TAX 1,425.00 1.1 ; 5,231.01 CORPORATE STATE I t.IiXME TAX 1,055.00 0.8 :si :375,01 ; REFUND/I RS-P/'R TAX ERROR 0 .oo 0 .0 2,352.1 , . OTHER INCOME _---------. ------------ : OTHER EXFENSES ------------ ---------- TUTAL 'i ,7 1 5.38 2 . 0 12,745.5 ------------ ---------- NET If..iCOME C LIIf.53) 7,835.6 1 5.S 28,354 *I! ---------- ___------- ------------ ------------ ., e e L Page BIDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract helshe has successfully performed ad give references, with telephone numbers, which will enable the City to judge his/ responsibility, experience and skill. An attachment can be used if notarize sealed. Date Name and Phone No. Contract Name and address of Person Amount to Contact Ty e of Work Contr? Completed of the Employer I -I-- I I I I I ---r------f- I I--I 1 --r-------r-- ---I--,--- TI I I I-- I I 1 I---l--- I I 1 1 I l-I-- I I I I -11 I 11- I I I I Ir-I-[-- I I I 1- I I ii------l--’----------r------r- I I I I I 1-7 I I I I 1 II 1 I I 1- 1- I I SEE ATTACHEDAGE _7______.+-_ . . . .I. - I+- I I I I I 1 I 1 I IT--+ I+- I I I 1 I ,I I I I I I ,~~----l-------l---l--- anpre (Jv&Lzu (Notarize or Corporate Seal) 0 0 DATE NAME & ADDRESS NAME & PHONE TYPE CONTRACT of the EMPLOYER of PERSON TO of WORK COMPLETED CONTACT 2-25-86 Dunphy Construction Mike Platis Cabinets Scripps Clinic 4625 Brinell St. 565-7272 San Diego, Ca, 92138 2-27-86 Parnell Leonard Fred Leonard Cabinets Cancer Center San Diego, Ca. 92101 12-27-85 Sharp Rees-Stealy Medical Ben Snyder Cabinets U.C.S.D. 1746 Columbia St. 232-2929 La Mesa Clinic 4001 4th St. 234-6161 San Diego, Ca. 92101 2-27-86 Mariners Bluff Shea Homes Gary Hartong Cabinets 655 Brea Canyon Rd. 714-598-1841 Walnut, Ca. 91789 9-1 1-85 Koll Construction Mark Wolford Cabinets Professional 7330 Engineer Rd. 292-5550 Millwork Suites Plaza San Diego, Ca. 92111 12-17-84 Arex Industries Robert Johnson Cabinet ry Liesure Gardens Cerritos, Ca. 90701 . Golden Age 11423 187th St., Ste. 200 213-924-7182 7-19-85 Penwell Construction 231-2704 Cabinetry 9 U.C.S.D. 770 "B" St. Suite 201 Revelle Unit #I San Diego, Ca. 92101 9-27-85 DeMars Construction Mike DeMars Cabinetry 9 South Bay 1985 Forester Creek Rd. 579-7657 Community Hosp. El Cajon, Ca. 92021 8-23-85 Parnell Leonard Fred Leonard Cabinetry $ Ramona High Sch. 1746 Columbia St. 232-2929 Laboratory San Diego, Ca. 92101 12-2-85 Schumacher Builders Rick Schumacher Cabinetry $ Great American 5045 Shoreham P1. Suite 100 458-1400 ' Financial San Diego, Ca. 92122 > e 0 i Page 11 CONTRACT THIS AGREEMENT, made and entered into this m day of bd ? 19& by and between the City of Carlsbad, California, a municipal c (hereinafter called "city") , and Bowser Cabinets & Casework Gorp. (hereinafter called "Contractor" .r City and Contractor agree as follows: ration 1. Description of Work. Contractor shall perform all work specified in the contract documents for: CABINETS ( her einaf ter cal led I' pr oj ect 'I ) 2. Provisions of Labor and Materials. Contractor shall provide all'labor, materials, tools, equipment and personnel to perfon the work specified t the contract documents. 3. Contract Documents. The contract documents consist of this contract; th bid documents, including the notice to bidders, instructions to bidders contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or plans and specifications; and the bonds for the project; all of Hhich ar incorporated herein by this reference. 4. Payment. As full canpensation for Contractors performance of work under this contract, City shall make payment to Contractor per the terms outli in the Notice Inviting Bids, Item 13. Contract amount One hundred eiqht thousand seven hundred forty one dollars $41 Payment of undisputed contract mounts shall be contingent upon Contract furnishing City with a release of all claims against City amd Constructi Manager arising by virtue of this contract as it relates to those mount Extra canpensation equal to 50 percent of the net savings may be paid tc Contractor for cost reduction changes in the plans or specifications ma( pursuant to a proposal by Contractor. The net savings shall be detennii by City. No payment shall be made unless the change is approved by the city. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, an all other conditions that might affect the progress of the work, ad is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcane unanticipated underground conditions. Any information that may have been furnished t Contractor by City about underground conditions or other job conditions for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied will all job conditions, including underground conditions and has not relied on information furnished by City. 0 i Page 1 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work from the action of the elements or from any unforeseen difficulties hich may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expense incurred in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the completi of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract order changes, modifications, deletions ard extra nork by issuance of written change orders. Contractor shall make no change in the work with the issuance of a written change order, ami Contractor shall not be entitled to canpensation for any extra work performed unless the City ha: issued a written change order designating in advance the mount of additional compensation to be paid for the work. If a change order dele any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the mount of reduction tl work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. extra work is the City Engineer. excess of $5,000.00 shall be effective unless approved by the City Council. Prevailinq Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per die wages for each craft or type of worker needed to execute the contract ar schedule containing such information is in the City Clerk's office and j incorporated by reference herein. Pursuant to Labor Code Section 1774 contractor shall pay prevailing wages. applicable prevailing wages on the job site. Construcfion Manager and the City and its officers and employees, ad ei of them, from any and all liability or loss resulting from any suit, cL or other action brought against the City, or for any other losses of whatever nature, directly or indirectly arising from the acts of Contrac or its officers, employees or agents done in the construction of this project or in the performance of this contract regardless of responsibi for negligence. The expenses of defense include all costs and expenses including attorneys fees, of litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require contractor indemnify City for losses caused by the active negligence of City. Contractor shall provide Certificates of Insurance evidencing coverage amounts not less than the following: The only person authorized to order changes However, no change or extra work order 8. Contractor shall post copies of 9. Indemnity. Contractor shall indemnify, hold harmless and defend the 10. > 0 a Page 16 Combined Single Limit5 %%%!le Liability S 500,000 General Liability 500,000 Pr od wt s / Cm ple t ed Ope r at io ns 500,000 Elanke t Contr ac tur a1 500,000 Contractor's Protective 500,000 Personal Injury 500,000 Excess Liability 500,000 Other - Contractor may be required to increase the limits of liability insurance the size and nature of the project require excess coverage. Contractor shall cause the City and Construction Manager to be naned as d additional insured on all policies concerning the subject matter or . performance of this contract. 11. Workers Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and Construction Manager and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description brought by an! person employed or used by Contractor to perform any work under this contact regardless of responsibility for negligence. Proof of Insurqnce. Construction Manager, certification of the policies mentioned in Paragra 10 and 11 or proof of workers' canpensation self insurance prior to the start of any work pursuant to this contract. Certificates of insurance shall provide that the insurance will not be cancelled until the expirat of at least thirty (30) days after written notice of such cancellation t- been given to the City. Arbitration. out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in California court having jurisdiction thereof. arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Maintenance of - Records. Contractor shall maintain and make available t the City, upon request, records in accordance with Sections 1776 and 18 of Part 7, Chapter 1, Article 2 of the California Labor Code. Contractor does not maintain the records at Contractor's principal plac business as specified above, Contractor shall so inform the City by certified letter accanpanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of suc records. 12. Contractor shall submit to the City through the 13. Any controversy or claim in any amount up to $100,000 ari: The award of the Civil Procedure, Section 1296. 14. If the a e Page 17 15. Labor Code Provisions: The provisions of Part 7, Chapter 1 camrnencing wit section 1720 of the California Labor Code are incorporated herein by reference. Securit . mipropriate securities may be substituted for any monies withheld b! City to secure performance of this contract or any obligation established by this contract. 17. Additional Provisions. Any additional provisions of this agreement are st forth in the "General Provisions'' or "Special Provisons" attached hereto and made a part hereof. 16. Pursuant to the requirements of law (Goverrment Code Section - Bowser Cabinet & Casework Corp. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Vice President - Title 8070 Arjons Dr. San Diego, Ca. 92126 -c Contractor's Principal Place of bsine Contractor's Certiffication of Awareness of Workers Compensation Responsihilit "I am aware of the provisions of Section 3700 of the Labor Code which requirt every employer to be insured against liability for workers canpensation or tc undertake self-insurance in accordance with the provisions of that code, and will canply with such provisions befor of this contract." Bond #01-NAA-O24E * Premium: $2,756. SBA Fee: $ 918. Page 2C 0 PERFORMANCE BONO KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 8440 adopted March6 , has awarded t Bowser Cabinets & Caseworks CorD,. , hereinafter designate as the "Principal", a contract for: CABINETS in the City of Carlsbad, in strict conformity with the drawings and .specifications and other contract documents now on file in the Office of the City Clerk of 'the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performancc of said contract; NOW, THEREFORE, WE, as Principal, hereinxer designated as the "Contractor", and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of said sum being ~qhh~lt~.buori.rartfprE~m&% mount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for *ich payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors 9 administrators, successors or assigns, shall . all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract arid any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, ad in all respects according to their true intent ad meaning, ad shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall becane null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying t same shall affect its obligations on this bond, and it does hereby waive notic of any change, extension of time, alterations or addition to the terms of the contractor or to the work or to the specifications. Bowser Cabinets & Casework Corp. Balboa Insurance Company - One hundred ei Dol ars ($ 183,741 . -' a 0 Page 21 In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor ar Surety above named on the 16th day of - Apri 1 , 19 86 . - Bowser Cabinets & Casework Corp. - (Notarize or Corpsrate Seal for Each Signer) Contractor John Bowser, Owner -L Balboa Insurance Company P STATE OF Cal ifnrnia I ) ss: 1 Countyof San Diego I On this APW 16 1986 day of -39. bt , a Notary personally appeared Cecily M. Gipson personally known to me (or proved to mt basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and a edged to me that he subscribed the name of the Balboa Insurance Company thereto and his own A ttorney-in-Fact. Marianne G. Rogers Cal i forn , State of -. San Diego L040E1282 i 0 .d #01-NAA-024887 Page 18 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad,, State of California, by Resolution No. 8440 adopted - March 18, 1986 , has awarded t Bowser Cabinets & Casework Corp. , hereinafter designate as th% "Principal", a contract for: CAB I NETS ---- 7 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on Pile in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providir that if said Principal or any of hisfher or its subcontractors shall fail to pi for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any WOI or labor 'done thereon of any kind, the Surety on this bod will pay the same tc the extent hereinafter set forth. . % NOW, THEREFORE, WE, - as Principal, hereinafter designated as the "Contractor", and Balboa Insurance Company as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of said sum bei contract, to be paid to the said City or its certain attorney, its successors and assigns; for Hhich 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 person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for mounts due under the Unemployment Insurance Code with respect to such worl or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the borni, ad also, in case suit is brought up0 the bond, a reasonihle attorney's fee, to be fixed by the court, as required b the provisions of Section 4202 of the Goverrment Code of the State of California. --- , Ninety ong tv and gollars ($ -- 91,870.50 6f thewmated munt of the 0 0 Page 19 This bond shall insure to the benefit of any and all persons, cmpanies ad corporations entitled to file claims under Section 1192.1 of the Code of civil Procedure SO as to give a right of action to 'them or their assigns in any suit brought upon this bond, as requlred by the provisions of Section 4205 of the Government Code of the State of California. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor am Surety above named on the 16th day of , 1986 - . Apri 1 (Notarize or Corporate Seal for Each Signer) Contractor John Bowser, Owner Balboa Insurance Company STATE OF-Adifb mL I ) ss: day of J9__, bc , a Notar personally appeared Cecil? M- Gi?son penonally known to me (or proved to )r basis of satisfactou evidence) to be the Attorney-in-Fact Of the Balboa Insurance Cornpany~ and ' edged to me that he subscribed the name of the Balboa Insurance Company thereto and his Own Attorney -in-Fact. Marianne G. Roqers- ~__ i L040E1282 0 0 BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 GENERAL POWER OF ATTORNEY Know AN Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existingunder the la? State of California, and having its principal ofice in Newport Beach, Orange County, California, does by these presents make, constitute and Cecilv M. Gimn of San Diego and State of California its true and lawful Attorney( s)-in-Fact, power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Any and All Bonds - Maximum Penaltv $250,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate SI Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premi! appointment is made under and by authority ofthe following resolution adopted by the Board of Directors of the Balboa Insurance Coml meeting held on the 22nd day of March, 1962. “Be It Resolved, that the President, any Vice-president, any Secretary or any Assistant Secretary shall be and is hereby vested with fi and authority to appoint any one or more suitable persons as Attorney( s)-in-Fact to represent and act for and on behalf of the Company s the following provisions: “Section I. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalfofthe Con execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligato] takings and any and all notices and documents canceling or terminatingthe Company’s liability thereunder, and any such instruments so ( by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the C Secretary.” vi Ce President - , A.D., 19 - “In Witness WhereoJ Balboa Insurance Company has caused these presents to be signed by its BALBOA INSURANCE COMPANY K. R. Huckabay State of California County of Orange in the year 1985 , b notary public, personally : K. R. Huckabay , personally known to me to be the pel executed the within instrument as Vice President , on behalf of the corporation therein na acknowledged to me that the corporation executed it. Mark A. Harris I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct co Onginal Power of Attorney issued by said Company. and do hereby further certify that the said Power of Attorney is still in force ar And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authoi following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th ( 1972, and that said resolution has not been amended or repealed: “RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may t: or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shal and binding upon this Corporation.” APR 16 1986 GIVEN under my hand and the seal of said Company, at Newport Beach, California, this WJA ,19-. L203EI 184 Secretary 0 0 Page GENERAL PROVISIONS 1. PLANS-AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of t Standard Specifications for Public Works Construction hereinafter designated SSPWC, as issued by the Southern Chapters of the American Pub Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of 15 sheet(s). utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SbRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings a1 enclosed with these documents. A detailed list of the plans and specifications are attached hereto and made a part hereof. The standard drawings 2, WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications 3. DEFINITIONS AND INTENT A. Architect: The word "Engineer" shall mean the architect or his approved r epr ese n t a t ive . 8. Construction Manager: The word "Construction Manager" shall mean Koll Construction Company. C. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that referenc is made to the plans accompanying these provisions unless stated otherwise , D. Directions : Where words "directed", designated", "selected" or words of similar import are used, it shall be understood that the direction, designatio or selection of the Construction Manager 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 Construction Manager" unless stated otherwise. 0 0 Page E. Equals and Approvals: Where the words "equal", "approved equal", neqdvalentii and such won of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Architectq1 unless otherwise stated. "acceptancet1, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Architect is intended. Where the words "approved", "approvalT1, F. Perform and Provide: The word vlperformft shall be understood to mean that the Contractor, i her/his 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 her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessarq labor, materials, tools equipment and transportation. 4. CODES AND STANDARDS / Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE The Contractor shall provide Consruction Manager with a Construction Schedule indicating work activities and length of time required for each activity. The Contractor shall review with the Construction Manager monthly the Construction Schedule to insure completion of the whole or an) part of the work. The Contractor shall begin work after being duly notified by an issuance a a llNotice to Proceed" and shall diligently prosecute the work to canpletio in connection with the construction schedule as approved by the Construction Manager. 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Construction Manager. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 0 0 Page 7. GUARANTEE ~ll work shall be guaranteed for one year after the filing of a "Notice Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions , the Contractor shall obtain and distribute tl necessary copies of such instructions, including two copies to the Construction Manager. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equip] with mufflers in good repair hen in use on the project with special attention to Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspecto Inspectors shall have free access to any or all parts of work at any til Contractor shall furnish Inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner I work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be insert4 in this contract shall be deemed to be inserted herein and. the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The 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 Contractor's expense to fulfill the intent of said documents. instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's deci relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance . In all 0 0 Page 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawim and specifications and based upon the items indicated or specified. The Contractor may of fer a substitution for any material, apparatus, equipm or process indicated or specified by patent or proprietary names or by names of manufacturer Hhich she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, 11 physical, chemical or other characteristics, and its durability, finish, efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of constructio if possible, but in no case less than ten (IO) days prior to actual installation. Substitution shall also include a statement of credit to b issued . 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of plans, Aich shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Architect at cost. This set of drawings shall be kept on the job and shall be used only as a record set. Upon completion of the work, and prior to release of retention, the Contractor shall transpose a1 llas-builtll information on to a set of reproducible sepias. Drawings shall be drafted in a professional manner and shall locate by dimension and elevation all concealed work, and changes in manufacturer information. llAs-builtsll for the sitework (bid package nurrber 1) shall be prepared by the engineer of record. 15. PERMITS The general construction, electrical and plumbing permits will be issued b the City of Carlsbad at no charge to the Contractor. responsible for all other required licenses and fees. The Contractor is e 0 Page 16. QUANTITIES IN THE SCHEDULE The City reserves and shall have the right, when confront& with unpredicted conditions, unforeseen events, or emergencies, to increase o decrease the quantities of work to be performed under a scheduled mit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Construction Manager will direct the Contractor to proceed with the said work as so modified. If an increase the quantity of work so ordered should result in a delay to the work, tht Contractor will be given an equivalent extension of time. 17. SAFETY & 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 d-ter the work is being performed. He/she 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 post danger signs warning against hazards created by such features of construction as protruding nails, hoists, wel.1 holes and falling materials. 18. SURVEYING Column control lines, offset outside the perimeter of the building, and a vertical control (benchmark) will be furnished by others. Contractors shall perform their own engineering (survey staking) including elevations as required. Survey staking for the sitework (bid package number 1) shall be provided f the City. Rough grade stakes at 50'-0" centers minimum to or toe-of-slopc as required, surface and underground improvements at 25'-0" to 50'-0" centers including critical points with offsets, and blue tops for buildis and facility pads. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows : Agency Abbreviation American Society for Testing Materials ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters NBFU American Institute of Steel Construction AISC Am er ic an S t and a r d s As so ci at io n Underwriters Laboratories, Inc. UL Department of Commerce Standards cs 19. ASA American Concrete Institute ACI e 0 Page 20. STORAGE Space for storage and temporary buildings will be allocated by the Construction Manager as job conditions permit. shall be constructed of fire resistant materials. be approved by the Construction Manager prior to installation. Temporary offices or she Material and layout m 21. TESTING AND INSPECTION Testing and inspection shall be as required by the Specifications. Contractor shall be required to cooperate fully with the inspecting agent during inspections at a fabricating plant and/or on the jobsite and shal provide ladders, platforms, scaffolds and/or safe accessibility to the w( for such inspections and/or tests. The 22. SCAFFQLDING AND HOISTING The price shall include all costs for the following: a. Scaffolding and shoring required for the Contractor's work. b. Hoisting required for the Contractor's work. 23. CLEAN UP The Contractor shall keep the premises free at all times from all waste materials, packaging materials and other rubbish accumulated in connectio with the execution of the work by collecting and depositing said material and rubbish in locations or containers as designated by the Construction Manager. 24. TEMPORARY FACILITIES Temporary toilet facilities and drinking water for the use of all trades will be provided. 25. FORCE REPORTS Force reports indicating trade and personnel per trade shall be submitted to the Construction Manager daily. A brief description of work performed shall be included. 26. ELECTRICAL POWER Electrical power will be provided in the building for the use of the Contractor for special lighting and operation of small tools only. Power will be single phase at 208 volts or 240, and 120 volts. It is the Contactor's responsibility to provide extension cords and/or wiring from central distribution points. Power will not be provided for high voltage or heavy amperage type equipment such as welding machines and any special power requirements shall be provided and paid for by the Contractor. 0 0 Page 27. BACKFILL AND COMPACTION Backfill and compaction of trenches shall be in conformance with the 197 edition of "Standard Specifications for Public Works Construction". Backfill material shall be approved by the soils engineer. shall pay all costs for retesting required as the result of density test failures due to improper compaction. Backfilling of trenches and excavations shall not be undertaken until required tests and inspections have been completed, "as-builttl location notes have been verified, and authority to start the backfill has been granted by the inspector and superintendent. Contractors