HomeMy WebLinkAboutDEREK DOWNEY POOL & SPA; 1992-12-31; U/M 93-5e . Recording requested by:
CITY OF CARLSBAD
When relcorded mail to:
City Clerk
City of Carls bad
1,200 Carlsbad Village Drive
Carlsbad, CA 92008
I v752
Space above for Recorder’s Use
May 12, 1993
Derek Downey Pool & Spa
3347 Industrial Ct., Suite D
San Diego, CA 92121
Re: Bond Release - Contract No. U/M 93-5 - Resurfacing of Community Swim Comp
The Notice of Completion for the above-referenced project has recorded. Therefore,
instructions from our Utilities/Maintenance Department 'M;e are releasing 75% of
Performance Bond. Please consider this letter as your notification that $29,137.50
Amwest Surety Insurance Company Performance Bond No. 005002829 is hereby releas
A copy of the recorded Notice of Completion is enclosed for your records.
Enc .
c: U/M Dept.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E
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TABLE OF CONTENTS
NOTICE INVITING BIDS ...........................................
CONTRACTOR’SPROPOSAL
BIDDER’S BOND TO ACCOMPANY PROPOSAL ...........................
DESIGNATION OF SUBCONTRACTORS ...............................
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ..........
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I NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ..............................
CONTRACT-PUBLICWO RKS......................................
LABOR AND MATERIALS BOND
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.................................... I PERFO~CEBOND ........................................... 1. ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION .................................
RELEASEFORM ...............................................
SPECIAL PROVISIONS
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I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ............................
11. CONSTRUCTION SPECIFICATIONS ................................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
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Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 121
Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on t
4th day of December, 1992, at which time they will be opened and read, for performi
the work as follows:
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I RESURFACING OF THE COMMUNITY SWIM COMPLEX POOL
CONTRACT NO. U/M 93-5
The work shall be performed in strict conformity with the specifications as approved by t
City Council of the City of Carlsbad on file with the Municipal Projects Department. T
specifications for the work include the Standard SDecifications of Public WOI
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designat
"SSPWC", as issued by the Southern California Chapter of the American Public Woi
Association and as amended by the special provisions sections of this contract. Referer
is hereby made to the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-own 1. businesses.
I appropriate.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators a
contractors to utilize recycled and recyclable materials when available and whc
No bid will be received unless it is made on a proposal form furnished by the Purchasi
Department. Each bid must be accompanied by security in a form and amount requix
by law. The bidder's security of the second and third next lowest responsive bidders m
be withheld until the Contract has been fully executed. The security submitted by all otl
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days af
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Secti
22300), appropriate securities may be substituted for any obligation required by this not
or for any monies withheld by the City to ensure performance under this Contract. Secti
22300 of the Public Contract Code requires monies or securities to be deposited with 1
City or a state or federally chartered bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond I 3. Non-Collusion Affidavit
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quantit
are approximate and serve solely as a basis for the comparison of bids. The Architec
Estimate is $45,000.
No bid shall be accepted from a contractor who is not licensed in accordance with 1
provisions of California state law. The contractor shall state their license numb
expiration date and classification in the proposal, under penalty of perjury, pursuant
Business and Professions Code Section 7028.15. The following classifications i
acceptable for this contract: CLASS C-53, in accordance with the provisions of state 12
If the Contractor intends to utilize the escrow agreement included in the contr
documents in lieu of the usual 10% retention from each payment, these documents rn
be completed and submitted with the signed contract. The escrow agreement may not
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at 1
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenu
Carlsbad, California, for a non-refundable fee of $10.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any mi^
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute 1
Contract shall be those as determined by the Director of Industrial Relations pursuant
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 the Labor Code, a current copy of applicable wage rates is on file in the Office of I
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay L
than the said specified prevailing rates of wages to all workers employed by him or her
the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Coc
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 17
shall apply to the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held on Tu&
November 24, 1992, at 8:30 a.m.
All bids are to be computed on the basis of the given estimated quantities of work,
indicated in this proposal, times the unit price as submitted by the bidder. In case o
discrepancy between words and figures, the words shall prevail. In case of an error in t
extension of a unit price, the corrected extension shall be calculated and the bids will
computed as indicated above and compared on the basis of the corrected totals.
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All prices must be in ink or typewritten. Changes or corrections may be crossed out a
typed or written in with ink and must be initialed in ink by a person authorized to sign f
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Bidders are advised to verify the issuance of all addenda and receipt thereof one day pri
to bidding. Submission of bids without acknowledgment of addenda may be cause
rejection of bid.
Bonds to secure faithfd performance of the work and payment of laborers and matex%
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%
respectively, of the Contract price will be required for work on this project. These bon
shall be kept in full force and effect during the course of this project, and shall extend
full force and effect and be retained by the City for a period of one (1) year from the dz
of formal acceptance of the project by the City.
Bonds and insurance are to be placed with insurers that have (1) a rating in the mc
recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business
the State of California, and (3) are listed in the official publication of the Department
Insurance of the State of California. Auto policies offered to meet the specification of tl
contract must: (1) meet the conditions stated above for all insurance companies and (
cover any vehicle used in the performance of the contract, used onsite or offsite, wheth
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insuran
certificate must state the coverage is for "any auto" and cannot be limited in any mannc
Workers' compensation insurance required under this contract must be offered by
company meeting the above standards with the exception that the Best's rating conditic
is waived. The City does accept policies issued by the State Compensation Fund meet?
the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. A
additional cost of said insurance shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, California, by Resolution
No. 92 - 334 , adopted on the 1 o th day of mpr , 19~.
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80
/d 1992
Date Aletha L. Rautenkranz, City Clerk/
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CITY OF CARLSBAD
CONTRACT NO. U/M 93-5 I?
I 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 t
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furni
all labor, materials, equipment, transportation, and services required to do all the work
complete Contract No. U/M 93-5 RESURFACING OF THE COMMUNITY SWIM COMPU
POOL in accordance with the Plans and Specifications of the City of Carlsbad, and t
Special Provisions and that he/she will take in full payment therefor the following w
prices for each item complete, to wit:
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Item Item Description with Lump
- No. Sum Price Written in Words
1. BASE BID
All labor, materials,
tools, equipment, permits
and miscellaneous costs
required to complete all
phases of this project in
conformity with the plans,
specifications and other
contract documents. TOTAL LUMP SUM $ 38.85
Total ;mount of base bid in numbers: $ 38, 85
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Item Item Description with Lump - No. Sum Price Written in Words I 2. ADDITIVE ALTERNATE
Remove existing ceramic tile
lane lines, install new pool
coating and new ceramic
tile lane lines and targets. TOTAL LUMP SUM $&
Total amount of additive alternate bid in words: zdd d 4'0 h k
Total amount of additive alternate bid in numbers: $ 8
Total amount of base bid plus additive alternate in numbers:
The City reserves the right to award this bid based upon the base bid and/or the base 1 1 plus the additive alternate.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.-$ % /.p.--
The Undersigned has checked carefully all of the above figures and understands that 1
City will not be responsible for any error or omission on the part of the Undersigned
has/have been received and is/are included in t
1 preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract w
necessary bonds and insurance policies within twenty (20) days from the date of award
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bo
accompanying this bid shall become the property of the City of Carlsbad.
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The Undersigned bidder declares, under penalty of perjury, that the undersigned is licem
to do business or act in the capacity of a contractor within the State of California, vali
der license number 524 7 q 7 , classification c?, @ 53 which expi
on lice% and that this statement is true and correct and has the legal effect
A bid submitted to the City by a Contractor who is not licensed as a contractor pursu;
to the Business and Professions-Code shall be considered nonresponsive and shall
rejected by the City. § 7028.15(e). in all contracts where federal funds are involved,
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordi
with California law. However, at the time the contract is awarded, the contractor sf
be properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
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8 an affidavit.
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1. That no Council member, officer agent, or employee of the City of Carlsbad
personally interested, directly or indirectly, in this Contract, or the compensation
be paid hereunder; that no representation, oral or in writing, of the City Coun
its officers, agents, or employees has inducted hidher to enter into this Contrz
excepting only those contained in this form of Contract and the papers made a p
hereof by its terms; and
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2. That this bid is made without connection with any person, firm, or corporati
making a bid for the same work, and is in all respects fair and without collusion
fraud.
Accompanying this proposal is &5h i Se r 'tj C$q< (Cash, Certified Checwor Cashier's Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code wh
requires every employer to be insured against liability for workers' compensation or
undertake self-insurance in accordance with the provisions of that code, and agrees
comply with such provisions before commencing the performance of the work of t
Contract and continue to comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Artic
2, relative to the general prevailing rate of wages for each craft or type of worker need
to execute the Contract and agrees to comply with its provisions.
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R IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname) of proprieto
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I (3) Place of Business
City and State Rdzn &)i'caCI .a (g.
(4) Zip Code $!2/6h/ Telephoye No. h?/y 773 h?353
M IF A PARTNERSHIP, SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signati
must be made by a general partner)
10\ nl--- -Cn---: _e,.e
ATE OF CALIFORNIA
before me, the undersigned, a Ytary Public in and for said State, persor - 3Gett.c YiyANEY -- __ ~~~~~*~&"---=-=~ ,e -
subscribed to the within instrument, and acknowledged to IT
executed it
WITNESS my hand and official seal
I1
Notary Public in and for said State 233CA-Rev 5 82
n--- ---=vi 1 _s___li=lll -____-_-A_ _ll___l=___ -x_x
OL Y ! -WY3rn,l GlY CY- 2-w- - I4 UCI . #I.L u.4 ;7L .LLC.-'II 11 ,
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'( I Cmit.v , of Carl'sbac
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n ,x-., T R A~W. 8 n r T T A E
a~m g 1 1 I30 l.92 - Qr Ra- BJzxxa ~eMzfms~ ,. (3alcLm=~ = &-I
*.pg mg 11:50 a.m.
T mr CHUCk W,ALDEN '
a=* DEREK DOWNEY POOL 8 SPA pcp.Jcg _, u 6 M
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'p1301tll # 619-438-7753 X4109
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ATTHE. PROPE-RTIES FOR LHE. TENSILE STRENGTH AND w
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BIDDER’S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, E rate LbL3~ei.l
as Surety are held and firmly bodnd unto the City of Carlsbad, California, in an amount
ud
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, as Principal, 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 t
above-bounden Principal for:
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly en1
into and execute a Contract including required bonds and insurance policies within twer,
(20) days from the date of award of Contract by the City Council of the City of Carlsba
being duly notified of said award, then this obligation shall become null and voi
otherwise, it shall be and remain in full force and effect, and the amount specified here
shall be forfeited to the said City.
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In the event Principal executed this bond as an individual, it is agreed that the death
Principal shall not exonerate the Surety from its obligations under this bond.
day oi Executed by SURETY this CIPAL this& day of
t
19 Q. ,I9 -.
PRINCIPAL: SUREW
&reK -XDdf=q Lld/sgaL 1 (Name of Principal) (Name of Surety)
(Address of Surety)
5*mrc3_K_ mcdlnehe
(print name here) (Telephone Number of Surety)
By:
Signature of Attorney-in-Fact
I printed name of Attorney-in-Fact
(attach corporate resolution show
current power of attorney)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary UI
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL 1 ActT-TAtL ~ ~
KAREN J. HIRATA
Deputy City Attorney
BY.
12. %I* $2.
(or proved to me on the basis of satisfactory evidence) to be the person-
subscribed to the within instrument, and acknowledged to I
WITNESS my hand and official seal
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DESIGNATION OF SUBCONTRACXORS
The Contractor certifies he/she has used the sub-bids of the following listed Contract(
in making up his/her bid and that the sub-contractors listed will be used for the work
which they bid, subject to the approval of the City Engineer, and in accordance w
applicable provisions of the specifications and Section 4100 et seq. of the Public Contra
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made
these subcontractors except upon the prior approval of the City Engineer of the City
Carlsbad. The following information is required for each sub-contractor. Additional pay
can be attached if required:
r'
Items of Complete Address Phone No.
Work Full Company Name with Zip Code with Area Cod(
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AMOUNT OF SUBCONTRACTORS' BIDS
The bidder is to provide the following information on the subbids of all the lis1
subcontractors as part of the sealed bid submission. Additional pages can be attached
required.
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'x Type of State
Contracting Carlsbad Business Amount of Bid
Full Com an Name License & No. License No." ($ or To)
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license
must be obtained prior to submission of signed Contracts. I
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility.
F
F;c\e,\d aw -so haopmd
OaLq /-c (?)!h ~IQL- ;Saiixu-ck&
+a 13QndL b bW P a/ %-5-&b6
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Derek Downey Pool & Spa P
Balance Sheet 8 AS OF 11/30/92
ASSETS .........................
CURRENT ASSETS
105 Cash 19,053.46
120 Accounts Receivable 43,514.86
125 Due from Employees 1,034.29
135 Inventory 2,989.20 ---------------
Total Current Assets 66,591.81
FIXED ASSETS
146 Fixed Assets 54,310.36
160 Accumulated Depreciation 24,624.56- ---------------
Total Fixed Assets 29,685.80
OTHER ASSETS 171 Prepaids 1,848.94 ---------------
Total Other Assets 1,848 e 94 ---------------
98 I _________ Total Assets e _________
a
Derek Downey Pool & Spa P
Balance Sheet 0 AS OF 11/30/92
LIABILITIES & EQUITY
--------------------___L_
CURRENT LIABILITIES
205 Accounts Payable 56,461.05
207 Customer Deposits 350.00
214 Notes Payable - Current 801.06
220 Payroll Taxes Payable 11,727.24 ---------------
Total Current Liabilities 69 I 339.35
LONG TERM LIABILITIES
254 Notes Payable - Long Term 7 I 476.38
260 Derek Loan 3,611.41 ' ---------------
Total Long Term. Liab. 11,087.79 ---------------
Total Liabilities 80 I
Owner Equity
22,700.00
e5 Current Earnings 85 I 721.53
275 Capital Contributions
276 Owner Draw 73,143.61-
0 Retained Earnings 17,578.51-
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Total Equity 17 I
Total Liab. & Equity 98 I
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-_----_-_ ---- -----
a
Date
Contract
Completed I
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Name and Phone Amount
of the Employer to Contract Work Contract
Name and Address No. of Person Type of of
0
CONTRACTORS LIC k525787 G!aa!&x PtJOxI-
Association Advisors,Ltd. Blue Lantern Village Contact : Bob Steefe 33672 Blue Lantern
#(714) 661-8569 Dana Pt., CA.
Atlas Hotels Health Club
901 Hotel Circle
San Diego, CA.
Bre Mar Management La Montana H.O.A. Contact : Ellen 2929 Fire Mountain Rd #(619) 720-9271 Oceanside, CA.
Sea Breeze H.O.A. 4131 Tiburon Dr.
Oceanside, CA,
Bayshore South H.O.A. 4100 Alto Street Carlsbad, CA.
Vista Pk. Villas
1101 Nadiera Ln. Vista, CA.
0
Carlton Oaks Country Club '3200 Inwood Dr.
Contact : Susan Reed Santee, @A. #(619) 448-4242
Catalina Pools Hotel Coronado
Coronado Island
City of San Diego Allied Gardens Pool Contact : Carl Curoff 6707 Glenroy St. #(419) 692-4921
Clairemont Pool
3600 Clairemont
Kearney Mesa Pool
3170 Armstrong
0
3347 INDUSTRIAL CQURT, SUITE D, SAN DIEGO, CA 9Z121 O (619) 792-6553
. '-2-
0
Martin Luther King Memorial Park
6401 Skyline Dr.
Columbia Terrace H.O.A. 2961-16 Columbia San Diego, CA.
Cove Point H.O.A. 4513 Cove Dr. Carlsbad, CA.
Desert Lanai H.O.A. Tarheva Dr. Palm Springs, CA.
El Tor0 Travelodge 23150 Lake Center Dr. El Toro, CA.
Escondido Country Club 1800 Country Club Ln. Escondido, CA.
San Diego, CA. Friars Village H.O.A. 1190 Carnino copete
0 Glendale Unified School District Glendale, CA.
J&W Management Portola Del Sol HOA. Palm Desert, CA.
Las Flores Apts. 3079 Charmont Dr. San Diego, CA.
Lowe Management Cherokee Canyon HOA San Diego, CA.
Barbara McLain Properties Seabreeze H.O.A.
#(619) 434-6161 Oceanside, CA. Contact : Danielle Downs
Mega Management Mesa Pines H.O.A.
2871 Cottingham Oceanside, CA,
Mira Vista Mobile Home Park Lakeside, Ca.
Contact : Jim Woods
#(619) 443-5355
0
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Murray Callan Swim School 1012 Law Street #(619) 273-7946 San Diego, CA.
Ocean Manor Motel 2950 Ocean Street Carlsbad, CA.
Oceana Mission I1 H.O.A. 4484 Ibis
#(619) 757-0279 Oceanside, CA.
Palm Desert Country Club 77800 California Dr.
Pana-Rama Mobile Estates 13460 Hwy. 8
Pilgrim Creek Estates H.O.A. Oceanside, CA.
Palm Desert, CA.
Lakeside, CA.
Radelow/Gittens Orange Crest Apts.
12510 Oak Knoll Rd.
Poway, CA.
Bonita, CA.
Leucadia, CA.
Ramada Inn 91 Bonita Rd.
W & L Management Skyloft H.O.A.
0
Sheraton Harbor Hotel 1380 Harbor Dr.
San Diego, CA.
Studio Village 11800 Moorpark
Studio City, CA.
Teleklew Productions Lawrence Welk Pool Indian Wells, CA.
Tusch/Derbonne Co. Cordova Apts.
540 Naples St. Chula Vista, CA.
Parkway Manor
545 Parkway
Chula Vista, CA.
Wave Crest H.O.A. 1400 Ocean Ave.
Del Mar, CA.
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NON-COLLUSION AFFDAW TO BE EXECUTED
BY BIDDER AND SUBMITIID WITH BID
State of California 1
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county of 5LwiYpc:~/ hf ) 3
D C2g Gt% DO C,PJ ?d bqb, being first duly sworn, deposes
(Name of Bidder)
and says that he or she is ?j-jb&&J G E
(Title) I of j-)egc K + m'd ."-;q pcxx- &? # 11 /-y$ y'
(Name of Fh)
the party making the foregoing bid; that the bid is not made in the interest of, or on beh
of, any undisclosed person, partnership, company, association, organization, or corporatic
that the bid is genuine and not collusive or sham; that the bidder has not directly
indirectly induced or solicited any other bidder to put in a false or sham bid, and has 1
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyc
shall refrain from bidding that the bidder has not in any manner, directly or indireci
sought by agreement communication, or conference with anyone to fix the bid price, 01
that of any other bidder, or to fix any overhead, profit, or cost element of advant:
against the public body awarding the contract of anyone interested in the propoi
contract; that all statements contained in the bid are true; and further, that the bidder 1
not, directly or indirectly submitted his or her bid price or any breakdown thereof, or
contents thereof, or divulged information or data relative thereto, or paid, and will not p
any fee to any corporation, partnership, company association, organization, bid depositc
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perju
affidavit was executed on theAX-ay of
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that the and correct and that 1 7
Subscribed and sworn to before me on th
\d /i (NOTARY SEAL,) -yy5jK&L/ I Signature of Nofary
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City of Carlsbad Purchasing Department
Representation and Ce&cation
The following representation and certification are to be completed, signed and returned with price rr
REPRESENTATIONS: Mark all applicable blanks. I am currently certified by:
This offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
*
Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATION(S):
Mark all applicable blanks. This offeror reprc
part of this offer that:
This firm is , is not . minority business.
, is not This firm is
woman-owned business.
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: 'Minority
usiness' is defined as a business, at least 51 percent of
()B,hich is owned, operated and controlled by minorii
group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (i.e., US. Citizens whose origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the US. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
WOMAN-OWNED BUSINESS: A WOI
business is a business of which at least 51
owned, controlled and operated by a woman
Controlled is defined as exercising the pow
policy decisions. Operation is defined
invoked in the day-to-day management.
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
DATE r
COMPANY NAME
3/92
CONTRACT - PUBLIC WORKS e
This agreement is made this3AT day of J96ch82R , 19x by and between the <
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and whose principal place of bush
is 3347 Industrial Ct., Suite D, San Dieqo CA 92121
Derek Downey Pool E Spa
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contr
documents for:
RESURFACING OF THE COMMUNlTY SWIM COMPLEX POOL
CONTRACT u/M 93-5
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, materi
tools, equipment, and personnel to perform the work specified by the Contr
2. 0 Documents.
3. Contract Documents. The Contract Documents consist of this Contract, No1
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation
Subcontractors, Bidder's Statements of Financial Responsibility and Tech
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans i
Specifications, the Special Provisions, and all proper amendments and chan
made thereto in accordance with this Contract or the Plans and Specificatic
and all bonds for the project; all of which are incorporated herein by 1
reference.
Contractor, her/his subcontractors, and materials suppliers shall provide i
install the work as indicated, specified, and implied by the Contract Documei
Any items of work not indicated or specified, but which are essential to
completion of the work, shall be provided at the Contractor's expense to fu
the intent of said documents. In all instances through the life of the Contri
the City will be the interpreter of the intent of the Contract Documents, and
City's decision relative to said intent will be final and binding. Failure of
Contractor to apprise subcontractors and materials suppliers of this conditior
the Contract will not relieve responsibility of compliance. e
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4. Payment. For all compensation for Contractor's performance of work under t
Contract, City shall make payment to the Contractor per Section 9-3 of 1
Standard Specifications for Public Works Construction (SSPWC) 1991 Edith
and the latest supplement, hereinafter designated "SSPWC", as issued by I
Southern California Chapter of the American Public Works Association, and
amended by the Special Provisions section of this contract. The closure date
each monthly invoice will be the 30th of each month. Invoices from 1
Contractor shall be submitted according to the required City format to the Ci1
assigned project manager no later than the 5th day of each month. Payme
will be delayed if invoices are received after the 5th of each month. The fi
retention amount shall not be released until the expiration of thirty-five (I
days following the recording of the Notice of Completion pursuant to Califor
Civil Code Section 3184.
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5. Independent Investigation. - Contractor has made an independent investigatior
the jobsite, the soil conditions at the jobsite, and all other conditions that mi
affect the progress of the work, and is aware of those conditions. The Contr
price includes payment for all work that may be done by Contractor, whet
anticipated or not, in order to overcome underground conditions. 1
information that may have been furnished to Contractor by City ab(
underground conditions or other job conditions is for Contractor's conveniei
only, and City does not warrant that the conditions are as thus indicat
Contractor is satisfied with all job conditions, including underground conditic
and has not relied on information furnished by City. 1
6. Contractor Responsible for Unforeseen Conditions. Contractor shall
responsible for all loss or damage arising out of the nature of the work or fi
the action of the elements or from any unforeseen difficulties which may arise
be encountered in the prosecution of the work until its acceptance by the C
Contractor shall also be responsible for expenses incurred in the suspension
discontinuance of the work. However, Contractor shall not be responsible
reasonable delays in the completion of the work caused by acts of God, stor
weather, extra work, or matters which the specifications expressly stipulate i
be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves digg
trenches or other excavations that extend deeper than four feet below the surf
Contractor shall promptly, and before the following conditions are disturb
notify City, in writing, of any:
7.
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A. Material that Contractor believes may be material that is hazardous was
as defined in Section 25117 of the Health and Safety Code, that is requh
to be removed to a Class I, Class 11, or Class 111 disposal site in accordax
with provisions of existing law.
Subsurface or latent physical conditions at the site differing from thc
indicated.
Unknown physical conditions at the site of any unusual nature, differc
materially from those ordinarily encountered and generally recognized
inherent in work of the character provided for in the contract.
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B.
C.
City shall promptly investigate the conditions, and if it finds that the conditic
do materially so differ, or do involve hazardous waste, and cause a decrease
increase in contractor's costs of, or the time required for, performance of any p
of the work shall issue a change order under the procedures described in t
contract .
In the event that a dispute arises between City and Contractor whether
conditions materially differ, or involve hazardous waste, or cause a decrease
increase in the contractor's cost of, or time required for, performance of any p
of the work, contractor shall not be excused from any scheduled completion d
provided for by the contract, but shall proceed with all work to be perforn
under the contract. Contractor shall retain any and all rights provided either
contract or by law which pertain to the resolution of disputes and protf
between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, or
changes, modifications and extra work by issuance of written change ordc
Contractor shall make no change in the work without the issuance of a writ
change order, and Contractor shall not be entitled to compensation for any er
work performed unless the City has issued a written change order designatinj
advance the amount of additional compensation to be paid for the work.
change order deletes any work, the Contract price shall be reduced by a fair i
reasonable amount. If the parties are unable to agree on the amount
reduction, the work shall nevertheless proceed and the amount shall
determined by litigation. The only person authorized to order changes or el
work is the Project Manager. The written change order must be executed by
City Manager or the City Council pursuant to Carlsbad Municipal Code Sect
3.28.172.
Immination Reform and Control Act. Contractor certifies he is aware of
requirements of the Immigration Reform and Control Act of 1986 (8 I
8. -
9.
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Sections 1101-1525) and has complied and will comply with these requiremer
including, but not limited to, verifying the eligibility for employment of
agents, employees, subcontractors, and consultants that are included in I
Contract.
Prevailinz Wane. Pursuant to the California Labor Code, the director of
Department of Industrial Relations has determined the general prevailing ratt
per diem wages in accordance with California Labor Code, Section 1773 an
copy of a schedule of said general prevailing wage rates is on He in the officf
the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant
California Labor Code, Section 1775, Contractor shall pay prevailing wag
Contractor shall post copies of all applicable prevailing wages on the job sit
Indemnification. Contractor shall assume the defense of, pay all expenses
defense, and indemnify and hold harmless the City, and its officers i
employees, from all claims, loss, damage, injury and liability of every kind, nat
and description, directly or indirectly arising from or in connection with
performance of the Contractor or work; or from any failure or alleged failurt
Contractor to comply with any applicable law, rules or regulations includ
those relating to safety and health; except for loss or damage which was cau
solely by the active negligence of the City; and from any and all claims, 1(
damages, injury and liability, howsoever the same may be caused, result
directly or indirectly from the nature of the work covered by the Contract, un
the loss or damage was caused solely by the active negligence of the City. '
expenses of defense include all costs and expenses including attorneys fees
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the conti
insurance against claims for injuries to persons or damage to property which I
arise from or in connection with the performance of the work hereunder by
Contractor, his agents, representatives, employees or subcontractors. 5
insurance shall meet the City's policy for insurance as stated in Resolution
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10.
11.
12.
91 -403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types
coverages and minimum limits indicted herein:
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily inj
and property damage. If the policy has an aggregate limi
separate aggregate in the amounts specified shall be established
the risks for which the City or its agents, officers or employees
additional insureds.
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2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury a:
property damage. In addition, the auto policy must cover a
vehicle used in the performance of the contract, used onsite
offsite, whether owned, non-owned or hired, and whetl
scheduled or non-scheduled. The auto insurance certificate mi
state the coverage is for "any auto" and cannot be limited in a
manner.
Workers' Compensation and Emdovers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code oft
State of California and Employers' Liability limits of $1,000,000 I
incident. Workers' compensation offered by the St:
Compensation Insurance Fund is acceptable to the City.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies
insurance required under this agreement contain, or are endorsed
contain, the following provisions. General Liability and Automob I Liability Coverages:
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3.
1. The City, its officials, employees and volunteers are to be cove]
as additional insureds as respects: liability arising out of activit
performed by or on behalf of the Contractor; products a
completed operations of the contractor; premises owned, leasc
hired or borrowed by the contractor. The coverage shall conti
no special limitations on the scope of protection afforded to 1
City, its officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insurance
respects the City, its officials, employees and volunteers. P
insurance or self-insurance maintained by the City, its offici:
employees or volunteers shall be in excess of the contract(
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies sk
not affect coverage provided to the City, its officials, employees
volunteers.
Coverage shall state that the contractor's insurance shall ap
separately to each insured against whom claim is made or sui1
brought, except with respect to the limits of the insurer's liabil:
(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims ma
basis, coverage shall be maintained for a period of three years following
2.
3.
4.
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date of completion of the work.
(D) NOTICE OF CANCELLATION - Each insurance policy required by i
agreement shall be endorsed to state that coverage shall not be suspend
voided, canceled, or reduced in coverage or limits except after thirty (:
days’ prior written notice has been given to the City by certified m
return receipt requested.
t
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - 1
deductibles or self-insured retention levels must be declared to i
approved by the City. At the option of the City, either: the insurer SI
reduce or eliminate such deductibles or self-insured retention levels
respects the City’ its officials and employees; or the contractor shall proc
a bond guaranteeing payment of losses and related investigation, cl;
administration and defense expenses.
(F) WANER OF SUBROGATION - All policies of insurance required under i agreement shall contain a waiver of all rights of subrogation the insr
may have or may acquire against the City or any of its officials
employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insur
under its policies or shall furnish separate certificates and endorsements
each subcontractor. Coverages for subcontractors shall be subject to a1 I the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insui
that have a rating in Best’s Key Rating Guide of at least A-:V, and
authorized to do business within the State of California and are include(
the official publication of the Department of Insurance of the State
California as allowed under the standards specified in by the City Cou:
Resolution No. 91-403 .
VERIFICATION OF COVERAGE - Contractor shall furnish the City M
certificates of insurance and original endorsements affecting cover
required by this clause. The certificates and endorsements for e
insurance policy are to be signed by a person authorized by that insure:
bind coverage on its behalf. The certificates and endorsements are to bc
forms approved by the City and are to be received and approved by the (
before work commences.
COST OF INSURANCE - The Cost of all insurance required under
agreement shall be included in the Contractor‘s bid.
(I)
(J)
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13. Claims and Lawsuits. AU claims by Contractor for $375,000 or less shall
resolved in accordance with the provisions in the Public Contract Code, Divisi
2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which i
incorporated by reference. All claims over $375,000 shall comply with t
Government Tort Claims Act (Section 900 et seq of the California Governmt
Code) for any claim or cause of action for money or damages prior to filing a
lawsuit for breach of this agreement.
Maintenance of Records. Contractor shall maintain and make available at no cc
to the City, upon request, records in accordance with Sections 1776 and 1812
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does I
maintain the records at Contractor's principal place of business as spec%
above, Contractor shall so inform the City by certified letter accompanying i
return of this Contract. Contractor shall not* the City by certified mail of a
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing w
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier's check, or certified check m
be substituted for any monies withheld by the City to secure performance oft:
contract for any obligation established by this contract. Any other security tl
is mutually agreed to by the Contractor and the City may be substituted :
monies withheld to ensure performance under this Contract.
Affirmative Action. Contractor certifies that in preforming under the purck
order awarded by the City of Carlsbad, he will comply with the County of S
Diego Affirmative Action Program adopted by the Board of Supervisors, includi
all current amendments.
Provisions Required bv Law Deemed Inserted. Each and every provision of 1;
and clause required by law to be inserted in this Contract shall be deemed to
inserted herein and included herein, and if, through mistake or otherwise, a
such provision is not inserted, or is not correctly inserted, then upon applicati
of either party, the Contract shall forthwith be physically amended to make su
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14.
15.
16.
17.
18.
1 insertion or correction.
..I.
....
....
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19. Additional Provisions. Any additional provisions of this agreement are set foi
in the "General Provisions" or "Special Provisions" attached hereto and mad€
part hereof.
3 adEy /A- mb-f /4
NOTARIAL ACKNOWLEDGEMENT OF Contractor
MUST BE AITACHED
E;rLECUTION BY ALL SIGNATORIES BQfi+L &ovuY~W
(CORPORATE SEAL)
APPROVED TO AS TO FORM:
Print Name of Signatory
RONALD R. BALL
Acting City Attorney
By:
a
Signature of Signatory
@
Deputy city Attorney /z, 3 /. C&
ATTEST:
Li!&m A J I?W-, i
City Clerk *
B:\cw\cnt\swrncornp.cnt
6/24,
STATE OF CALIFORNIA ) pe . ~o+i--ii,d-~ fjrLdM~ idQ fiqb+- ) ss.
COUNTY OF SAN DIEC4 )
On 3wmvuti- ab, 11 "car j before me, the undersigned, a
S3EPttWG OXAR. DiKE , personally known to me (0
Notary Public in and for said State, personally appeared
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he executed it in his authorized capaci
and that by his signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Sit CIAL hEAL
Notary Public NOTARY PUBLIC C>LIFOPNIA
PRIRClViL OFFICE IN
SAh 3'EGC COUNTY
-
1
- LABOR AND hWIE&WS WN'R Bond NO. 00500282
L
WHEREAS, the City Council of the City of Cstrlsbad, State of California, by Resolution K
92-367 , adopted December 15, 1992 , has awarded to Derek ,Downey
Pool 6 Srja (hereinafter designated as the 'Mcipal"),
Contract for:
'c 0
-
RESURFACING OF COMMUNITY SWlM COMPLEX POOL
UIM 93-5
I
in the City of Carlsbad, in strict conformity with the bwings and ~pe~ifhti~n~, and 0th
Contract bxxmxnts now on file in the Office of the City Clerk of the Ciry of Carlsbad iu
all of which a~e incorporated herein by this reference,
WEBEAS, Principal has executed or is about PO execute said Contract and the ten
thereof require the fkixmshing of a bond, providing that if Principal or any of thc
subcontractors shall fail to pay for any materials, provisions, provender or other suppli
or teams used in, upon or about the performance of the work agreed to be done, or far a1
work or labor done thereon of any kind, the Surety on this bond will pay the same to tl
extent herehdter set forth.
NOW, THEMFORE, WE, Derek Downey Pool E Spa
Principal, (hereinafter designated as the "COR~E~C~~O~'), md -west Surety Insurar
as Surety, ape held firmly bomd urnto the City of Carhbad in the sum I
Nineteen thousand four hundred twenty five and OOflO8
Dollars ($ ,,.I% 425.00 ), said sum being fifty percent (50%) of the estimrat~
amount payable by the City of Carisbad under the tern of the Contract, for whic
payment well and truly 10 be made we bind ourselves, ow heirs, executors ax
admhktrators, successors, or assigns, jointly and severally, fimnly by these preseats.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the: person or hisht
subcontractors €ail to pay for any materials, pmvisions, provender, supplies, or tearns use in, upon, for, or about the perfcdrmrn~e of the work contracted to be dome, or for any othr work or labor thereon of any kind, or for amaunts due under the Unemplayrwent Insurant
Code with respect to such work or labor, or for any mounts required to be dductet
withheld, and paid over to the Employment Development Department from the wages I
employees of the contractor and subcontractors pursuant to Section 13820 of th
Unemployment hmrance Code with respect to such work and labor that the Sway wi
pay for the same, not to exceed the sum specified in the bond, and, also, in ease suit
brought upon the bond, costs and reasonable expenses and fees, hchding masonab1
attorney's fees, to be fixed by he court, as required by the provisions of Section 3248 (
the California Cid Code.
This bond shd inure to the benefit of any and all persons, compda and corporatian
entitled to me claims under Title 15 of Part 4 of Division 3 of the Civil Code (CQREWT~&
c
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Y
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-
4
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'*y with Section 3\882),
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In the event that Contractor is an individual, it is agreed that the dearlh of any s~pl
Contractor shall not exonerate the Surety from its obligations under this bond.
Execut ORthiS w? Executed by SUREIII11 this 30thday of
-.
day of 19 @. December 4 19 p2.
CBNTMCTOR: susm
/W’f-L J@-J4l&fh4Lf Cf4 Amwest Surety Insurance Compa
I) ___* - (Name of Contractor)
By;
(Name of smtya
P.0, BOX 2231, San Diego, CA
[Address Qf $ureay)
s7&&f3“tt 0 3&i%5y (619)233-5893
(print name here) (Telephe~ne Number of Sway]
-\ I,) Ih /4Yrop.?c’Ly [A/ /q5w- r- By: LXXTP&i a; q. yYb4
SimatUPZ Qf Attorney-k-Fact
Cynthia J, Barnett
PairtWd IIEUW O€ Attom~y-k-Fact .I)
(atmeh corporate msolettian showi
current; power of attorney]
r
(Proper notarial acknowledge of cxccution by CONTRIiCTOR and SmW must be attached.) ‘m
. (President or vice-president an8 sacretay or asdsmr secretary must sign for ccrrporadons, If only o oflieer signs, the corporation muss art& a resolution certit7ed by the secretary ox assistant secretary m<
corporate seal empowering that officer t~ bind the corporahon.)
1 AFTRQ)ED AS TO FORM:
MN J, HIMTA /2.2,. 92 a
Depwy City Attorney e
B:\ewtent~rncamp.cnr
w24
NOTARY ACKNOWLEDG
State of CALIFORNIA
County of SAN DIEGO
On />/ 3) /m betore me, U+/WLW (here insert nan
Public, personally appeared , personally known to me I
to me on the basis of satisfactory eiifdence) to be the person(s) whose name(s) islare subscribed to
instrument and acknowledged to me all that heisheithey executed the same in hisiheritheir authorized capaciti
that by hidheritheir signature(s) on the instrument the person(s), or the entity u
executed the instrument.
>;' $(d
/ I@ - qyhb$t.&L--~ L') . cl kL,
nd and official seal. ,
CORPORATE ATTORNEY IN FACT
.____ --- THIS CERTIFICATE MUST
BE AlTACHED TO THE
DOCUMENT DESCRIBED
HEREIN.
Document Title or Type
Number of Pages Document Date
Signer(s) other than named above,
h UN-A9016 (7/91)
NOTARY ACKNOWLEDGI
State of CALIFORNIA
County of SAN DIEGO
Onmer 30 I 1 992 before me, CORRINE BROWN (here insert namc
Public, personally appeared CYNTHIA J BARNETT , personally known to me ((
to me on the basis of Satisfactory evidence) to be the person(s) whose name(s) isiare subscribed to tl
e(s) on the instrurnent the person(s), or the entity up
AM_w.-EST su RET
- .__ - - __ - ____. OTHER . __ __ - ._ . ATTORNEY IN FACT
INSURANCE COMF ____ ___- - ___-- _______-__--
- -~~ -~ ---- THIS CERTIFICATE MUST
BE ATTACHED TO THE
DOCUMENT DESCRIBED Document Dale - ___ - - . .__. __ - Number of Pages
Signer(s) other than named above, ~ __. ______ _ . - ___ __ -
c II
PWOWCE BOND Bond NO. 0050028
Premium $1,166.0
WHEREAS, the City Council of the City of Carlsbad, State of Califomia, by Resolution N
, (hereinafter designated as the "Principal"), a Contract fc
'.
92-36? adopted December 15, 1992 ., has awarded to Derek Downey
Pool & Spa
RESURFACING OF COMMUNITY SWIM COMPLEX POOL
U/M 93-5 h the City of Calsbad, in strict confomky with the CQntraCt, the hwhgs a
Sg&fiCatiQns, and other Contract hctments now on fiilc h the Office sf the City Clerk
the City of Gadsbad, all of which are incorporated herein by this reference.
WHEmS, Principal has executed or is about to execute said Contract and the ten
thereof require he furnishing of a bond for the fait.Mil performance of said Contract;
NOW, THEREFORE, WE, Derek DowneY F'Qd 8 SFPa , a~ Phdpi
(hereinafter designated as the "Contractor"), anbwes t Suretv Insurance Comp
Surety, are held and firmly bound unto the City of Carlsbad, in rhe surn of Thirty ai!
thcusand eiaht hurt-td,,..Piftv E QO/100 Dokm ($ 38.850.00 >, said sm b&
equal to me hundred percent Q100%) of the estimated mount of the Contract, to be pa
ro City or its certain attorney, its successors and assip; for which payment, well and in:
to be made, we bind ourselws, our heirs, executors and addnistratcars, succ~sors
assip, jointly and severally, My by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bawden Contractr
their heh, executors, adrnhistraton, successors or assip, shall h all things stand to a
abide by, and well and truly keep and perform the covenants, C(PF~&~~QIE, and agreemer
in the Contract and any alteration thereof made as therein provided an heir part, to
kept and performed at the the and in the manner therein specified, and in all respec
according to their true intent and meaning, and shd indemnify and save hdess the Ci
of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligatic
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 mount specifi
therefar, there shall be hcluded costs 3nd reasonable expenses and fees, irncludi
reasonable attorney's fees, incurred by rhe City in successfully enforcing such olbligatic
all to be taxed a5 costs and included in any judgment rendered.
Sway sriiguiates and agrees that no change, extension of the, alteration or addition to t
terns of the Contract, or to the work to be performed thereusrdler or the specificatio
accompanying the same shall affecr its obligations on this bond, and it does hereby wai
notice sf any change, extension of time, alterations or adation to the terms of t
Consraca, or to xhe work or to the specifications.
*
@
B:hknrbwirncomp,cnt
6434
c A u In be event that Contractor is ar, inciividud, it is agreed bt the deab of any sud
Corntractor shd ~a~t exonerate the Surety from its sbEigatiom mder bhb bond,
Executed by COMTMmaTr this %+
day of ?...x \g-+%qi5?c ,1953 December * 19sz..
Exemoed by su &s 30thday of
CONTHClhCTBR: svmw:
-,&K&Tl &7$@uwy37 @ddk4 Amwest Surety Insurance Corn
(Name of Contractor) (Name of Surety]
P.O. BOX 2231 San Dieqo, CA By: / lb/ y/ <,* j wAd2-1 flh&?" L.1 . IT/ g/B+ &,gh=y LC. ,fie&
I# i (sign here) (Address of Suety)
ST@%-f~J 8 ~ A445 (619 1233-5893
(print name here) (Telephone af Surety)
A U"/ph/L&L! n \-/L,d i-".,
7 ~&%A.Ey /.fz?L z By: _I__'
Signature of Anamegt-h-Faet
Cynthia J. Barnett -e
?rinted name of Attonney-b-Fatlt
(attach corporate resolusion shm&
CkaTPent power of atmrney]
proper notwid arknowlerige of execution by CB~?"PA~ST~R and SURETY must be attached.)
President or .rica-president md secretq or assistant secretzry must: sign far corporatiom. If only (PI
officer signs, the corpcrraoion musr attach a resolution certified by the secretary crr atsistmt secretary und
Caprate seal ernpowenng that officer to bind the carporadon.)
t
\
b APPROVED AS TO FORM:
Actin Civ ttomey
b RoB!! By: Q. &
KAREN J. MIRPkTA/2.')/.52
Deputy City Attorney (I
B:wbalk.wiwwmp.cnl
w
NOTARY ACKNOWLEDGI
State of CALIFORNIA
a County of SAN DIEGO
On December 30, 1992 before me, CORRINE BROWN (here insert nam
Public, personally appeared CYNTHIA J BARNETT ~ personally known to me (c
to me on the basis of satisfactory evidence) to be the person(s) whose namets) isiare subscribed to ti
._ -_. AmORNEY IN FACT
OFFICER@) - . - .- - __-___. -
___--.. _._- _________ .--- --_____ ERTIFICATE MUST Document Title or Type
Number ot Pages - . - _.__ - Document Oat, - - DOCUMENT DESCRIBED
h UN-A9016 (7191)
NOTARY ACKNOWLEDGI
State of CALIFORNIA
County of SAN DIEGO
On +&/30/%3 /
Public, personally appeared
to me on the basis of sat
\
betore me, ~~g-Yl4&XL+l - '/ '"LC-/u-6-I (here insert namf
executed the instrument.
- . __ ___ . __.- -.
--_.- __-____ - - - . - - - - ____ ~ -_ -- __ - - -. __ THIS CERTIFICATE MUST Docurnerit Title or Type
Number of Pages Docurnent Oate
Signer(s) ottiei than iiarneu ~OVL ______ __ - _- _._ __ __
BE ATTACHED TO THE
DOCUMENT DESCRIBED
.-__ __
h UN-A9016 (7191)
POWER NUMBER BOND NUMBER
CYhTHIA 1, BAPNETT
PS AN EPPLOYEE OF AMWEST SU5'ETY IhSClRAhCE COMPAhY its true and lawful Attorney-in-Fact, with limited power and authority for and on behalf of the Company as sure
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakin
recognizances or other written obligations in the nature thereof as follows:
Bid Bonds up to $::<:::::250,009,00
Ccntract <Perforsance 8 Paysent), Court, Subdivision $%3:l,OOO,O
License i?. Permit Sjonds up to $~:::1,000,000,00
HisceClaneous Bonds up to 33%1,300,QO0.00
SaaLl Business Adminjstration Guaranteed Bonds up to $%%+%:250,0
CERTIFICATE
December c 19L
000192743 - 8
Signed and sealed at San Diego, CA this- 30th day of
Resdutions of ihe Board of Directors
Thls Power of Attorney is signed and sezled b) facsirr,i!e uider and by the authorit) of the following resolutions adopte
Board of Directors of Amuest Surety Irisu-ance Company at a meeting dul) held on December 15, 1975
RESOLL'ED, that the Presider,! or an) Vice President, in conjunction with the Secretaq or any Assistant Secreta]
may appoint attorne) s-in-fact or agents nirh auThority as def ned or Lmited in tne instrument evidencing the appointme
in each case, for arAd on behalf of the Corrpany, to execute and deliver and iffix the seal of the Company to bonc
undertakings, recognizances, and sure[) ship obligations of all k nds, and said officers ma) remox e any such attorney]
fact or agent and revoke an) power of attorney pre\iously grar,;ed to s,ch person
RESOLVED FLRTHEII, that any bond, undertakng, recognizal-~ce or suret) ship obligalion shall be va1:d and bindi
upon the Cornpan) \
(i) uhen signed b) the Presdent or any V,ce Presiden: and attested and sealed (if a seal be required) by any
Secretaq or Ass stant Secretar) , or
(ii) when signed by the President or ar.y Vice Presidert or Secretar). or Assis:ant Secretary, and countersigned
and sea!ed (if a seal be required) by a dul) authorized attorney-nfact or agent, or
(iii) when duly executed and sealed (if a seal be requ,red) by one or more attorneys-in-fact or agents pursuant
to and within the limits of the authority evidenced by the poner of attorney issJed by the Company to
such person or persons
RESOLYED FURTHER, that the signature of any aLthorized officer and the seal of the Cornpay ma> be affixed
facsimile to any power of attorney or ceriifica:ion thereof aut;orLzing the execution and deli\ er) of any bond, undertakir
recognizance or other suretyship obliga*ions of :he Company, ard such signature and seal mhen so used shall have t
same force and effect as though manually affixed
i
IN WITNESS WHEREOF, Amwest Surety Irsurznce Company has caaed these presents to be signed by 1:s proper offic
its corporate seal to be hereunto affixed this 1st day of December, 1990
\\,,\\\il~l"%,//
$&.?@S\AYI, 0 o=
7975 22
$\'?+ \ N s "& sa. s& @Qb2 74
5'2, ?OF@\Yy?y t %.,b ... ,."
'%l\\,, , , , ,\,\+\"
6' 02
=m. .Z$ 35- e Zui.
STATE OF CALIFORNI4, COUNTY OF LOS AKGELES
On this 1st day of December, 1990, personall) came before me John E Savage 2nd Karen G Cohcn, to me known t
indiriduals and officers of Amweit Surety IrAsurmlr3 Company, ~ho execLted the above instrument, a7d the) ha\ e ackno\+lei
execution of the same, and being by me dd) SM orn, d d sex era1 1 deposc a3d sa) that the) are the sa.d officers of the corporation <
and that the seal aftxed io The abme instrument is the sea of .he corporation, and thzt sad corporate seal ard their signature'
officers were duly affixed and subscr bed to :he saic instrunicnt b) tqe authori-y of the Board of Directors of said coiporat
$' ReSli~CefQES and EL%dOHSQlXQI'I'b c
___-
-.
Muse Be Completed
----, EXDT. T=l POLICY NO.
1 12746246
Complete Only When This Endorsement Is Not Prepared
with the Policy Or is Not to be Effective with the -
rPdkY ISSUED TO EPPECTIVT~KS~TTF THIS EXDOPSXXEXT
L - b
yli_
IN
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOF rrey Pines Insurance Agency POLICIES BELOW. e 1 S. Highway 101 Ste. 17 COMPANIES AFFORDING COVERAGE P.O. Box 850
Solana Beach, Ca. 92075 COMPANY A MERCURY CASUALTY LEnER
COMPANY LETTER B 619-481-4021
INSURED
COMPANY LETTER c DEREK DOWNEY POOL & SPA
COMPANY LETTER D 3347 Industrial Court
San Diego, CA 92121
COMPANY LETTER E
- -r-i__--_-F_
NCE LISTED BELOW H
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LIMITS POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) TYPE OF INSURANCE POLICY NUMBER co LTR
1 , --_---_--~__I_y_-.~--D-w --_p__- I --- GENERAL LIABILIlY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $
CLAIMS MADE OCCUR PERSONAL & ADV INJURY $
OWNER’S & CONTRACTOR’S PROT EACHOCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED EXPENSE (Any one person) $
$ COMBINED SINGLE LIMIT
&--I c- - ---=--A&- _y___g__---- -- OBILE LlAEllLlTY
$ BODILY INJURY ALL OWNED AUTOS
SCHEDULED AUTOS AC 24797 04-16-92 04-16-93 (Per person)
$ BODILY INJURY
(Per accident)
x HIRED AUTO!; x NON-OWNED AUTOS
GARAGE LlAEllLlTY PROPERTY DAMAGE $
EXCESS LIABILITY EACHOCCURRENCE $
UMBRELLA FORM AGGREGATE $
1 i - ---&--- ----_i.-~i--=L __-- ---I- I-q__ e----P-
HER THAN UMBRELLA FORM ------ li.Fl~~--.---=i.---~_ci-~.19=iL ---- -- STATUTORY LIMITS
EACH ACCIDENT $
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
RKER’S COMPENSATION
AND
EMPLOYERS’ LIABILITY -. i-- z .----- ____En_ ------~=.~.--~---~ - - THER
- __I - ---~ --- - -- DESCRIPTION OF OPEHATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Certifica,te Holder is named as additional insured as covered within tl
policy JOB: Swimming Pool IFICATE DATE c4N *?__- CERTlF
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEE
CITY OF ChRLSBAD EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL i
00 Carlsbad Village Drive a rlsbad, CA 92008
ATTN: Kevh Davis - Purchasing Dept
ACO -~
lL. LO JL ,J.J~ IM .L"I~ u.L~~~~~~. .vvy .-A 3rn iv +J+!Y~'
P. ---. -.-I 4-& t'IUPI A4:l.J
POLICY NUM8ER AC2479f
THiS ENDORSEMENT CHANGES THE P6LICY- PLEASE REAP IT CAREFULLY,
ADDITIONAL tMSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 5)
*
This endof'sement rncditl& insurance provided under the following:
9cHEDULP
Name of Person or Oryunirstlon:
City af Carlsbsd
1200 Cwlebad Village Drive Carlabad, California 92008
(If no entry 8ppearS above, information required to CQrnplete this end0rwment will be shwn in the Oeciargi as applicable to fhrs endorsement.]
WHO IS AN INSURED (Section II) is amended to indude as ar! Insured thr person or wgantrstian shown it Schedule, but only with respect to liability arising Out of "Your work" for that insured by ar for ycu
w
PY
C~~jr;ght, Insurance SBrViC9C Office, InC., 1984
e
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
I'
This Escrow Agreement is made and entered into by and between the City of Carlsk
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinaf
called Ti@' and whc
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 ag
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the opti
to deposit securities with Escrow Agent as a substitute for retention e&
required to be withheld by City pursuant to the public works contract entei
into between the City and Contractor for in 1
amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attached
Exhibit "A". When Contractor deposits the securities as a substitute for Contr
earnings, the Escrow Agent shall notify the City within ten (10) days of 1
deposit. The market value of the securities at the time of the substitution slr
be at least equal to the cash amount then required to be withheld as retenti
under the terms of the Contract between the City and Contractor. Securities slr
be held in the name of City of Carlsbad and shall designate the Contractor as
beneficial owner. Prior to any disbursements, Escrow Agent shall verify that
present cumulative market value of all securities substituted is at least equal
the cash amount of all cumulative retention under the terms of the Contract
The City shall make progress payments to the Contractor for such funds wh
otherwise would be withheld from progress payments pursuant to the Contr
provisions, provided that the Escrow Agent holds securities in the form i
2.
I amount specified above.
3. Alternatively, the City may make payments directly to Escrow Agent in
amount of retention for the benefit of the City until such time as the escr
created hereunder is terminated.
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4. Contractor shall be responsible for paying all fees for the expenses incurred
Escrow Agent in administering the escrow account. These expenses any paymc
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held
escrow and all interest earned on that interest shall be for the sole account
Contractor and shall be subject to withdrawal by Contractor at any time and fr~
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in
Escrow Account only by written notice to Escrow Agent accompanied by writ
authorization from City to the Escrow Agent that City consents to the withdrar
of the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default
the Contractor. Upon seven (7) days written notice to the Escrow Agent fr
the City of the default of the Contractor, the Escrow Agent shall immediat
convert the securities to cash and shall distribute the cash as instructed by
I'
5.
6.
. 1
7.
1 City.
8. Upon receipt of written notification from the City certifying that the Contrac
has complied with all requirements and procedures applicable to the Contr:
Escrow Agent shall release to Contractor all securities and interest on deposit 1
escrow fees and charges of the Escrow Account. The escrow shall be clo!
immediately upon disbursement of all monies and securities on deposit i
payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement i
the City and Contractor shall hold Escrow Agent harmless from Escrow Age]
release and disbursement of the securities and interest as set forth in Section
thru 8 and 10.
9.
....
....
....
....
....
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10. The names of the persons who are authorized to give written notices or
receive written notice on behalf of the City and on behalf of Contractor
connection with the foregoing, and exemplars of their respective signatures i
as follows:
For City: Tide
1'
a
Name
Signature
Address
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For Contractor: Title I Name
Signature
Address I. For Escrow Agent: Title
Name
Signature 1 Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to 1
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper offic
on the date first set forth above.
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For City: Title
Name D Signature I Address
For Contractor: Title
Name 1
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1 Signature
Address
For Escrow Agent: Title I Name
Signature
Address
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RELEASE FORM
THliS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR la- dt%ddw jhoc f sk)4
PROJECT DESCRIPTION: c O(dmACT Ab -
I'
u/M 9 3 -. 5 I PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensat
of whatever nature due the Contractor for all labor and materials furnished and for
work performed on the above-referenced project for the period specified above with
exception of contract retention amounts and disputed claims specifically shown below
RETENTION AMOUNT FOR THIS PERIOD: $ I DISPUTED CLAIMS
- DESCRIPTION OF CLAIM AMOUNT CLAIMED
1.
1 entity.
The Contractor further expressly waives and releases any claim the Contractor may ha
of whatever type or nature, for the period specified which is not shown as a retent
amount of a disputed claim on this form. This release and waiver has been mi
voluntarily by Contractor without any fraud, duress or undue influence by any person
Cointractor further certifies, warrants, and represents that all bills for labor, materials, i
work due Subcontractors for the specified period have been paid in full and that the par
signing below on behalf of Contractor have express authority to execute this release.
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DATED: Zr7%&gz lq%.
PRINT NAME OF CONTRACTOR
W08W 7mM
DESCRIBE EN
Title: A-Adgf [d fifl I By:
Title:
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SPECIAL, PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLlC WORKS CON!3RUCITON
t
- 1-1 TERMS 1 To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of simi
import are used, it shall be understood that reference is made to the plans accompanyi
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used,
shall be understood that the direction, designation or selection of the Engineer is intende
unless stated otherwise. The word "required" and words of similar import shall
understood to mean "as required to properly complete the work as required and
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar impc
are used, it shall be understood such words are followed by the expression "in the opinic
of the Engineer," unless otherwise stated. Where the words ''approved," "approva
"acceptance," or words of similar import are used, it shall be understood that the approvi
acceptance, or similar import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expens
shall perform all operations, labor, tools and equipment, and further, including tl
furnishing and installing of materials that are indicated, specified or required to mean th
the Contractor, at her/his expense, shall furnish and install the work, complete in place ar
ready to use, including furnishing of necessary labor, materials, tools, equipment, ar
transportation.
1
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1-2 DEFINITIONS
Mow Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or his approved representative
24 CONTRACTBONDS
Delete the third sentence of the first paragraph having to do with a surety being listed ir
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The "Payment Bond'
(Material and Labor Bond) shall be for not less than 50 percent of the contract price tc
satisfy claims of material suppliers and of mechanics and laborers employed by contractoi
on the project.
Add:
The Payment Bond and the Performance Bond shall be kept in full force and effect by thf
Contractor during the course of this project. Both bonds shall extend in full force anc
effect and be retained by the City for a period of one (1) year from the date of forma
acceptance of the project by the City.
Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide 0.
at least A-:V and are authorized to conduct business in the state of California and are listec
in the official publication of the Department of Insurance of the State of California.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Work!
Construction, (SSPWC), ,1991 Edition, and the latest supplement, hereinafter designatec
"SSPWC", as issued by the Southern California Chapter of the American Public Work!
Association, and as amended by the Special Provisions section of this contract.
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The Construction Plans consist of 4 sheet(s) designated as City of Carlsbad Drawing pl
199-4A. The standard drawings utilized for this project are the latest edition of the S
Diego Area Regional Standard Drawinns, hereinafter designated SDRS, as issued by the S
Diego County Department of Public Works, together with the City of Carlsb
Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed w
these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacture
direction, the Contractor shall obtain and distribute the necessary copies of st
instruction, including two (2) copies to the City.
To Section 2-5, add:
2-5,4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set
transparent sepias, which shall be corrected daily and show every change from the 0rigi.1
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipme
underground piping, valves, and all other work not visible at surface grade. Prints for t
purpose may be obtained from the City at cost. This set of drawings shall be kept on 1
job and shall be used only as a record set and shall be delivered to the Engineer up
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8. completion of the work.
3-5 DISPUTED WORK
To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with I
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article
(commencing with Section 20104) which is set forth below:
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
3 210104. Application of article; inclusion of article in plans and specifications
(a[) (1) This article applies to all public works claims of three hundred seventy-f
thousand dollars ($375,000) or less which arise between a contractor and a local agen
(2) This article shall not apply to any claims resulting from a contract betweer
contractor and a public agency when the public agency has elected to resolve any dispu
pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
I
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(b) (1) “Public work” has the same meaning as in Sections 3100 and 3106 of the CiVi
Code, except that “public work” does not include any work or improvement contracted fo
by the state or the Regents of the University of California.
(2) “Claim“ means a separate demand by the contractor for (A) a time extension, (B
payment of money or damages arising from work done by or on behalf of the contract0
pursuant to the contract for a public work and payment of which is not otherwise expressl;
provided for or the claimant is not otherwise entitled to, or (C) an amount the paymeni
of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans 01
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
5 20104.2. Claims; requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this
subdivision is intended to extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($SO,OOO), 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 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses or claims 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) (1) 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 or claims the local agency may have against the claimant.
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(2) If additional information is thereafter required, it shall be requested and provid
pursuant to this subdivision, upon mutual agreement of the local agency and the claima
(3) The local agency’s written response to the claim, as further documented, shall
submitted to the claimant within 30 days after receipt of the further documentation,
within a period of time no greater than that taken by the claimant in producing t
additional information or requested documentation, whichever is greater.
f
(d) If the claimant disputes the local agency’s written response, or the local agency fa
to respond within the time prescribed, the claimant may so notify the local agency,
writing, either within 15 days of receipt of the local agency’s response or within 15 da
of the local agency’s failure to respond within the time prescribed, respectively, a
demand an informal conference to meet and confer for settlement of the issues in dispu
Upon a demand, the local agency shall schedule a meet and confer conference within
days for settlement of the dispute. I
(e:) If following the meet and confer conference the claim or any portion remains
dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Secti
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1
the Government Code. For purposes of those provisions, the running of the period of th
within which a claim must be filed shall be tolled from the time the claimant submits 1
or her written claim pursuant to subdivision (a) until the time the claim is denit
including any period of time utilized by the meet and confer conference.
5 20104.4. Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subjc
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsj
pleaidings, the court shall submit the matter to nonbinding mediation unless waived
mutual stipulation of both parties. The mediation process shall provide for the selecti
within 15 days by both parties of a disinterested third person as mediator, shall
commenced within 30 days of the submittal, and shall be concluded within 15 days frc
the commencement of the mediation unless a time requirement is extended upon a go
cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitrati
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of t
Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Ci
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Titlt
of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under tl
subdivision consistent with the rules pertaining to judicial arbitration.
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(2) In addition to Chapter 2.5 (commencing With Section 1141.10) of Title 3 of Part 3
of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in
construction law, and (B) any party appealing an arbitration award who does not obtain
a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, also pay the attorney’s fees on appeal of the other party.
5 20104.6.
arbitration award or judgment
Payment by local agency of undisputed portion of chhq interest on
(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.
5 20104.8. Duration of article; application of article to contracts between Jan. 1,1991
and Jan. 1,1994
(a) This article shall remain in effect only until January 1, 1994, and as of that date is
repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes
or extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into between
January 1,1991, and January 1,1994, which is subject to this article shall incorporate this
article. To that end, these contracts shall be subject to this article even if this article is
repealed pursuant to subdivision (a).
4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representative.
The Engineer shall have free access to any or all parts of work at any time. Contractor
shall furnish Engineer with such information as may be necessary to keep her/him fully
informed regarding progress and manner of work and character of materials. Inspection
of work shall not relieve Contractor from any obligation to fulfill this Contract.
Mow Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing
materials and/or workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications and the Special Provisions. The cost
of all other tests shall be borne by the Contractors.
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At the option of the Engineer, the source of supply of each of he materials shall
approved by him before the delivery is started. All materials proposed for use may
inspected or tested at any time during their preparation and use. If, after trial, it is fou
that sources of supply which have been approved do not furnish a uniform product, 01
the product from any source proves unacceptable at any time, the Contractor shall furn
approved material from other approved sources. After improper storage, handling or a
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans a
the SSPWC. Compaction tests may be made by the City and all costs for tests that mi
or exceed the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engine
The costs of any retests made necessary by noncompliance with the specifications shall
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Add the following section:
- 4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans
specifications upon written order by the Engineer. Any cost caused by reason of t
nonconforming work shall be borne by the Contractor. 10
i Add the following:
- 5-1 LOCATION
The City of Carlsbad and affected utility companies have, by a search of known recor
endeavored to locate and indicate on the Plans, all utilities which exist within the lin
of i he work. However, the accuracy of completeness of the utilities indicated on the PI
is riot guaranteed.
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54- RELOCATION -
Add:
The temporary or permanent relocation or alteration of utilities, including sen
connection, desired by the Contractor for his/her own convenience shall be the Contract(
own responsibility, and he/she shall make all arrangements regarding such work at no c
to ,the City. If delays occur due to utilities relocations which were not shown on the Pk
it will be solely the City's option to extend the completion date.
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In order to minimize delays to the Contractor caused by the failure of other parties tl
relocate utilities which interfere with the construction, the Contractor, upon request to th
City, may be permitted to temporarily omit the portion of work affected by the utility. Th
portion thus omitted shall be constructed by the Contractor immediately following th
relocation of the utility involved unless otherwise directed by the City.
6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and
submit at the time of the project preconstruction meeting a
detailed critical path method (CPM) project schedule. This
schedule is subject to the review and approval of the City.
2. The schedule shall show a complete sequence of
construction activities, identifying work for the complete
project in addition to work requiring separate stages, as well
as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50%
and 90% completion, and any other major construction
milestones, materials and equipment manufacture and
delivery, logic ties, float dates, and duration.
The prime contractor shall revise and resubmit for approval
the schedule as required by City when progress is not in
compliance with the original schedule. The prime
contractor shall submit revised project schedules with each
and every application for monthly progress payment
identifylng changes since the previous version of the
schedule.
3.
4. The schedule shall indicate estimated percentage of
completion for each item of work at each and every
submission.
The failure of the prime contractor to submit, maintain, or
revise the aforementioned schedule (s) shall enable City, at
its sole election, to withhold up to 10% of the monthly
progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the
prime contractor and approved by City as to completeness
and conformance with the aforementioned provisions.
5.
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No changes shall be made to the construction schedule without the prior written appro
of the Engineer. Any progress payments made after the scheduled completion date SI
not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflict
utilities shall be requirements prior to commencement of work by the Contractor.
t
6-7' TIME OF COMPLETION -
The Contractor shall begin work within 5 calendar days after receipt of the "Notice
Proceed" and shall diligently prosecute the work to completion within 30 consecutive d
after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. i
sunset, from Mondays through Fridays. The contractor shall obtain the approval of
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permissior
the Engineer. This written permission must be obtained at least 48 hours prior to si
work. The Contractor shall pay the inspection costs of such work.
- 6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completi
and any faulty work or materials discovered during the guarantee period shall be repai
or replaced by the Contractor, at his expense.
6-9, LIOUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $250 per (
for each day beyond the completion date as liquidated damages for the delay. 1
progress payments made after the specified completion date shall not constitute a wai
of this paragraph or of any damages.
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B 7-3 LIABILITY INSURANCE
Add the following:
AU insurance is to be placed with insurers that have a rating in Best's Key Rating Guide c
at least A-:V and are authorized to conduct business in the state of California and are liste
in the official publication of the Department of Insurance of the State of California.
74 WORKERS COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business in th
state of California and are listed in the official publication of the Department of Insuranct
of the State of California. Policies issued by the State Compensation Fund meet tht
requirement for workers' compensation insurance.
7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way
grading, and building permits necessary to perform work for this contract on City property
in streets, highways (except State highway right-of-way), railways or other rights-of-way
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SI'IE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days
at the City's request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers
in good repair when in use on the project with special attention to City Noise Control
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
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- 7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
- 7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the wc
and shall comply with all applicable provisions of Federal, State and Municipal safety la1
and building codes to prevent accidents or injury to persons on, about, or adjacent to t
premises where the work is being performed. He/she shall erect and properly maintain
all time, as required by the conditions and progress of the work, all necessary safeguai
for the protection of workers and public, and shall use danger signs warning agai
haz,ards created by such features of construction as protruding nails, hoists, well holes, a
falling materials.
r
- 7-13 LAWS TO BE OBSERVED I Add the following:
I Grading.
14)
Municipal ordinances which affect this work include Chapter 11.06. Excavation a
If this notice specifies locations or possible materials, such as borrow pits or gravel be(
for use in the proposed construction project which would be subject to Section 1601
Secition 1603 of the Fish and Game Code, such conditions or modifications establish
pursuant to Section 1601 of the Fish and Game Code shall become conditions of t
contract.
8 FACILTTIES FOR AGENCY PERSONNEL
Delete this section.
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amoi
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- 10 SURVEMNG
Contractor shall employ a licensed land surveyor or registered civil engineer to perfo
necessary surveying for this project. Requirements of the Contractor pertaining to this it
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of survey
senrice within appropriate items of proposal. No separate payment will be made.
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Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 50
intervals (25' intervals for curves), curb returns at BCR, 1/4,1/2,3/4, and ECR, headers
sewers, storm drains, and structures (4 comers min.). Rough grade as required to satisf!
cut of fill to finished grade (or flowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown linc
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Sectior
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencinj
construction of surveyed item.
11 WATER FOR CON!TIRUCXTON
The Contractor shall obtain a construction meter for water utilized during the constructior
under this contract. The Contractor shall contact the appropriate water agency foi
requirements. The contractor shall include the cost of water and meter rental withir
appropriate items of the proposal. No separate payment will be made.
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TECHNICAL SPECIFICATIONS
Table of Co ntents:
Section 01000 General Requirements Section 01010 Coordination of Work
Section 01030 A1 t ernat es Section 01300 Submittals Section 01500 Constr Facilities and Temp Controls
Section 01600 Material and Equipment
Section 01700 Contract Closeout
Section 02 07 2 Demolition for Remodeling
Section 07900 Joint Sealers
Section 09311 Ceramic Tile Finish
Section 13410 Fiberglass Pool Coating
CITY OF CARLSEW3
RESURFACE SWIMMING POOL - 9225 TABLE OF C0"TS