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HomeMy WebLinkAboutFirst State Builders Inc; 1983-02-17; 3103CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for CITY HALL LOBBY REMODELING CONTRACT NO. 3/03 TABLE OF CONTENTS % ITEM ' PAGE NOTICE INVITING BIDS * 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 6 DESIGNATION OF SUBCONTRACTORS 7 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10 CONTRACT 11 LABOR AND MATERIALS BOND 15 PERFORMANCE BOND 17 GENERAL PROVISIONS 19 SPECIAL PROVISIONS . 24 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the 2~~l day of .uVlMUftfiy » 19 S3 at which time they will be opened and read for performing the work as follows: CONTRACT NO. 1127 CITY HALL LOBBY REMODELING The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the contract is awarded. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's estimate is $ &QOQ . No bid shall be accepted from a contractor who has not been licensed in accordance with the provisions of State law. The contractor shall state his or her license number and classification in the proposal. One set of plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of $10 per set. Page 2 The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Lab ~>r Code. Pursuant to Section 1773.2 of the California Labor Cod?., a current, copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. i A prebid meeting and tour of project site wLHr/will not be held on i—- at ——• at . Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Approved by the City Council of the City of Carlsbad, California, by Resolution No. ""\\O~l , adopted on the _ M- T7T day of 1935 - " _______________________ Dat'e \ ~i Aletha L. Rautenkranz, City Clerkat'e City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Pa ye 3 CITY OF CARLSBAD CONTRACT NO. 1127 PROPOSAL iwi "esp*1 m ORIGINAL The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 1127 £n accordance with the Plans and Specifications of the City of Carlsbad, and the special provisions and that he/she will take i.n full payment therefor the following unit process for each item complete, to wit: Item Ho . 1 Article v/Unit Price or Lump Sum Written in Words Lobby Remodeling complete Approximate Quantity & Unit L.S. Unit Price TOTAL $4,576.00 in place at City Hall Forty Five jlundred._ Seventy-Si^ol1ar5 6 No cents per lump sum. -Total amount of bid in words:THOUSAND FIVE HUNDRED SEVENTY-SIX AND._EP/1 nn~ Total amount: of bid in nuinhe rr. • $__4_i576._00_ Addendum (a) Uo(.s)hns/havu l>ccn received and included i i» ihi;; proposal. Page 4 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No. 416504 Identification _B-General .Building...Contractor The undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no .representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is a Bond (Cash, Certified Check, Bond or Cashier's Check) in an-amount of not less than ten percent (10%) of the total bid price. Page 5 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. (619) 574-6996 FIRST STATE__BUILDERS, INC. Phone Number . Bidder's Name January 27, 1983 Date | Authorized Signature Authorized Signature 1551 Cand.no Del Rio South, Suite 107 San Diego, CA 92108 Corporation Bidder's Address Type of Organization (individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership: E.U. Bevilacqua, President • Mark R. Bevilacqua, Vice President i Joseph K. Osborn, Secretary/Treasurer (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) ^ (CORPORATE SEAL) STATE OF CALIFORNIA, COUNTY OF San Diego fj "'A DEA •••; NOT/,,. SEAL OAlIfOiJNIA ;H:iCF !M CO'JMIY My Corvnr.T:;ion Expire: Supl^.nlxr 5, 1985 ss. ON ! . 27 JAMJARY 19£3_ before me; the undersigned, a Notary Public in and for the said State, personally appeared JOSPEH K. OSBORN known to me to be the xxxxxxxxMMaxM^fiaxxxx)OQQOcxx)QoooQQQooo:?r/yxy , known to me to be the Treasurer /Sectary nf FIRST STATE BUILDERS, IJKL. ilj the Corporation that executed the within Instrument, known to me to be the persons who [•'] executed the within Instrument, on behalf of the Corporation herein named, and acknowledged ia to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. *CK«OWLfOGM£NT-Corp.-l>r«l. t Sec.-Wolcoltl form afr-Rev, J-6< / Notlry-ftrtilic in and for said State ORIC.iiiMAL BIDDER'S BOND TO ACCOMPANY PROPOSAL Page 6 Bond No. 004224-19 KNOW ALL PERSONS BY THESE PRESENTS: That we, FIRST STATE BUILDERS, INC., as Principal, and ALLIED FIDELITY INSURANCE CO., .as Surety, are held and firmly bound unto '•he City of Carlsbad, California., in the sum of TEN PERCENT OF PRINCIPAL'S TOTAL BID — Dollars ~)) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: CITY HALL LOBBY REMODELING CONTRACT NO. 1127 in the City of Carlsbad, is accepted by the City Council of said City, and if the abovebounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 27th day of January , 19 83 . /I INSURANCE CO.Corporate Seal (if Corporation) AJ.T.IED FID E BUILDERS, INC. BY: Title E- u- BeviAacqua, Pres (Attach acknowledgement of Attorney in Fact) f<asself Attorney -in-Fact (Notarial acknov.'leclfteuient of execution by all PRINCIPALS and SURETY must be attached.) (Corporation) STATE OF CALIFORNIA COUNTY OF San Diego It* .a J II 1 ss. January 26, 1983On State, personally appeared known to me to be the E. U. Bevilacqua before me, the undersigned, a Notary Public in and for said Prccident. ' of the corporation that executed the within Instrument, known to me to be the persons wiio executed the wilhin Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of it* hoard of directors. WITNESS my Signal ure_. and official seal. Rosemarie-R, Qaboni Name (Typed or Printed) OFFICIAL SLAL ROSEMARIt R OS80MNOTARY PUBLIC CALIIORNIA J, PRINCIPAL omCEIN 'SAN WEGO COUNTY - nffl«:*l notarial Idnl) coc State of.CALIFORNIA County of SAN DIEGO SS. On this.27TH . day of.JANUARY R.W. KASSEL po ., 19 , before me personally came . to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact nT ALLIED FIDELITY INSURANCE CO. the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires. CB-407 (9/81) $ xt^^X OFFICIAL SEAL ¥ ^tm MARY S. KU.LGREN NOTARY PUBLIC • CALIFORNIA PRiNCiPAL OFFICE IfJ SAN DIEGO COUMTV JJ Wy Commissbn Expires January 9, IS87 ^(Notarv£»\iblic) ALLIED FIDELITY INSURANCE CO. 6320 North Rucker Road • Indianapolis. Indiana 46220 POWER OF ATTORNEY AC N2 004224 • KNOW ALL MEN" BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, """'"HEREIN. E AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED.* *FOUR HUNDRED THOUSAND DOLLARS * * USE OF MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the City of Indianapolis, State ndiana, does hereby make, constitute and BDooint: K. w. KAbStLof Indiana, does hereby make, constitute and appoint: in the City of SAN DIEGO its true and lawful attorney-in-fact, at County of SAN DIEGO . state of CALIFORNIA SAN DIEGO MISSION RD. # 203 . in the State of CAL I FORN IA to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power not valid unless used before December 31, 1985 The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Com- pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September, 1969. "Article V, Section 12, The President shall have power and authority to appoint, or delegate to other Corporate Officers, the appointment of Attorney(sl-in-Fact. and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof: and he may at any time in his judgment remove any such appointee(s) and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix- ed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 25th day of November, 1980. ALLIED FIDELITY INSURANCE CO. BY? Secretary President Z Cfl2 t 5 ir K Hils5 KXK W C&gH _ -3poK</> K-IK t/i ;> H H> ra DO ! O |o! m !>•73 jr-00 |—- l-nio THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES 27 JANUARY 1983 SS:STATE OF INDIANA COUNTY OF MARION On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation. Notary Public. Marion County, Indiana My Commission Expires: March 9, 1983 Notary Public 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA- NENT PART OF THE OBLIGEE'S RECORDS. 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS. OR BONDS FOR CRIMINAL APPEARANCE. ORIGINAL Page 7 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval, of the City Engineer5 and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: Items of Work Full Company Name Complete Address vj/Zip Code Phone No. w/Area Code NONE Page 8 DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide, the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. •. , Type of State Carlsbad Amount Contracting Business • of Fu 11 Cornpany Name License & No . License No.* Bid ($ or %) NONE *Licenses are renewable annually by January 1st. If no valid license indicate "NONE". Valid license must be obtained prior to submission of signed contracts. FIRST STATE BUILDERS, INC. :: Bidder s Company Name (Notarize or 1551 Camino Del Rio South, Suite 107 Corporate Seal) San Diego, CA 92108 li idde r ' s Comp le te Ad dress ~1..^\>\., ,.yv Au 1 1 1 o r i. /, ed S i gna t u r o. Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. As of October 31, 1982 First State Builders, Inc. had $199,761 in current assets, $12,380 in current liabilities and a net worth of $200,486. We have a Corporate line of credit with the Southwest Bank, Mira Mesa Branch. You may check with Mr. Jim Stokes (619) 695-3030 at that bank to check our credibility. (Notarize or Corporate Seal) Page 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. Date Contract Completed Name and address of the Employer Name and Phone No. of Person to Contact Amount of Type of Work Contract 01/15/83 12/31/82 : 12/31/82 01/15/83 U.S. Navy 1220 Pacific Hwy, #206 San Diego, CA 92132 Philip W. Hoffman 740 Lomas Santa Fe Dr Suite 206 Solana Beach, CA 92075 Seaquest, Inc. 9 141 T^IQ PalmAc; Carlsbad, CA 92008 3 R' s Construction Co 3517 Langre.hr Rd. Baltimore, MD 21207 ' i ' P.R. Scanlan, Lt. i U.S.N. 235-3645 Philip Hoffman 481-2210 Gary French 438-1101 Leonard T. Russo (301) 922-4691 Renovation 1 San Diego, CA l$167, 1 i Tenant Improve-! .;: '.'- ment, Carlsbad |$ 100, 1 I Tenant Improve-"- ment. Carlsbad 1$ 27, 1 1 ' Interior Finish San Dieqo ' $ 45, I 1 1 1 1 1 jjwp""^ wnfe^ dp^ll tt:^ *l <7*>6 flRiPilKUniPiniii 000 000 000 000 iT1 i IAIlr\L (Notarize; or Corporate Seal) Signature Page 11 CONTRACT - PUBLIC WORKS This agreement is made this / 7 day °f ji UUoVn^aji-'-^ • 19 and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and /^jR$T~ whose principal place of business is (hereinafter called "Contractor") City and Contractor agree as follows: 1. Description of VJork. Contractor shall perform all work specified in the contract documents for: CITY HALL LOBBY REMODELING CONTRACT NO. 1127 (hereinafter called "project"). 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the contract documents. 3. Contract Documents. The contract documents consist of this contract; the bid documents, including the notice to bidders, instructions to bidders and contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or the plans and specifications; and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment. As full compensation for Contractors performance of work under this contract, City shall make payment to Contractor as follows: (strike inapplicable subparagraph). a. In the total amount offfi^j, Q ~I o to be made in a lump sum not later than 35 days from the date of the filing of the notice of completion. 5. Independent Investigation. Contractor has made an independent investi- gation of the jobsite and all other conditions that might affect the progress of the work, and is aware of those conditions. The contract price includes payment for all work to be done to complete the job. Page 12 Contractor Responsible for Unforeseen Conditions Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. 7. Change Orders City may, without affecting the validity of this contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed, and the amount shall be determined by arbi- tration or litigation. The only person authorized to order changed or extra work is the City Engineer. However, no change or extra work order in excess of $1,000 shall be effective unless signed by the City Manager nor shall any change or extra work order of more than $5,000 be effective unless approved by the City Council. 8. Prevailing Wage Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the contract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. ORIGINAL Page 13 9. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. 10. Insurance. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 11. Workers Compensation, Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, Contractor shall either: a. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or b. Shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self insurance prior to the start of any work pursuant to this contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrators) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. ., ORIGINAL Page 14 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change of add" ess of such records. 15. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) FIRST STATE BUILDERS, INC. _ Contractor (Seal) E. U. Bevilacqua Tit le President By Title ASsls^ant «CM%£f£orn CITY OF CARLSBAD, CALIFORNIA \/jA-<0^-~ wity Manager,.for contracts less than $10,000 Mayor, for contracts !?10,000 and above ATTEST: City Clerk (CORPORATION) STATE OF CALIFORNIA COUNTY OF San Diego On February 9.1983 _before me, the under- signed, a Notary Public in and for said County and State, personally appea E. U. Bevilacqua FOR NOTARY SEAL OR STAMP personally known to me (or proved to me on the basis of satisfactory evidence) to be _ president, ^xxxxxxx, known to me (or proved to me on the basis of satisfactory evidence) tHUKxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxasaaaatyEof the corporation that executed the within instrument, known to me to be the persons who executed the within instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS mytfand and official seal. OFFICIAL SEAL L ROSEMARIE R. OSBORN NOTARY WBUWSWOWWPRINCIPAL OFFICE IN ^j^pr SAN DIEGO COUNTY My Commission Expires Jan. 28^1985 mMiand ar X^t->-V-tt- \jRosemarie R. Osborn FORM C-9 Name (Typed or Printed) ORIGINAL Page 15 LABOR AND MATERIAL BOND Bond No.! 017719 KNOW ALL PERSONS BY THESE PRESENTS: » *. WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. _ _ adopted _ , has awarded to /Z/&S7' 6>'7/f7£' &/J/t-Z)c:%J MC, hereinafter designated as the "Principal", a contract for: CITY HALL LOBBY REMODELING CONTRACT NO. 1127 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, FIRST STATE BUILDERS , INC . - San Dieqo, Ca. . as the City of Carlsbad in the sum of FOUR THOUSAND FIVE HUNDRED SEVENTY SIX AND NO/100 - - Dollars ($4,576.00 ) said sum being one hundred per cent (100%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourseves , our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section A202 of the Government Code of the State of California. Page 16 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the ninth day of February , 19 83 . FIRST (Notarize or Corporate Seal for each Signer) BUILDERS, INC. Con ALLIE1 K=A tract DPI X/1/w or JEJiJTYrINSURANCE CO. MA4.M/x\-'v- -\ Surety __ ORIGINAL £ State of CALIFORNIA County of SAN DIEGO ss. On this.91H . day of.FEBRUARY 83., 19 , before me personally came R.W. KASSEL to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of AUJED FIRDELIIY INSUMNCE CO. the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires. CB-407 (9/81) OFFICIAL SEAL MARY S. HILLGREN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires January 9, 1987 (CORPORATION) STATE OF CALIFORNIA COUNTY OF San Diego On SS. _before me, the under- signed, a Notary Public in and for said County and State, personally appeare _ E. U. Bevilacqua personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ president, ataxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxx, known to me (or proved to me on the basis of satisfactory evidence) corporation that executed the within instrument, known to me to be the persons who executed the within instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS rn^fand and official seal. A^-^t<^-^yt—>i^€-t-e_^ R. Osbbrn FORM Ofl Name (Typed or Printed) (Notary Putyte) FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ROSEMARIE R. OSBORN NOTARY PUBUC-CAlfORNIA PRINCIPAL OFFICE IN _ SAN DIEGO COUNTY My Commission Expires Jan. 28,1985 BOND NO. 017719 ORIGINAL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Rcoolutkm Wo. adopted , has awarded to /vVfST" •$/"/? hereinafter designated as the "Principal", a contract for: CITY HALL LOBBY REMODELING CONTRACT NO. 1127 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, FIRST STATS BUILOEPS, INC. , as Principal, hereinafter designated asthe "Contractor",and ALLIED FIDELITY INSURANCE CD. as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FOUR THOUSAND FIVE HUNDRED SEVENTY SIX AND NO/100 Dollars ($4,576.00 ' ), said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent' and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. AlliedFidelity Insurance Co. 8945 North Meridian Street • Indianapolis, Indiana 46260 • 1 (800) 428-5730 AC N2 017719 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * FOUR HUNDRED THOUSAND DOLLARS * * * USE OF MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the City of Indianapolis, State of Indiana, does hereby make, constitute and appoint: R. W. KASSEL in the City nf SAN DIEGO __, County nf SAN DIEGO State nf CALIFORNIA > its true anA lawful attorney-in-fact, «A0405 SAN DIEGO MISSION ROAD in the State of CALIFORNIA—92108 f to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 29th day of April, 1982: "The President shall have power and authority to appoint Attorneys-in-Fact, and authorize them to execute, on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other surety and writings obligatory in the nature thereof; and he may at any time in his judgment C remove any such appointees and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 6th day of July, 1982. ALLIED FIDELITY INSURANCE CO. <^fL ^ l*CS^0 . Secretary President THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA \ „„ COUNTY OF MARION J ° On this 6th day of July, 1982, before me a Notai y Public, personally appeared H. O. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of said Corporation. £ Notary Public, Marion County, Indiana My Commission Expires: 10/2/84 Notary 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE. STATE OF INDIANA \ ™ COUNTY OF MARION / ao> I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Allied Fidelity Insurance Co., which is still in full force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 29th day of April, 1982: "RESOLVED: That the use of a printed facsimile of the corporate .seal of the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President pursuant to the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the company surety bonds, underwritings, undertakings or other instruments described in said By-Laws, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, this 9TH A*y of FEBRUARY , 19_§3 a. Assistant Secretary Page 18 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 9TH day of FEBRUARY , 19 83 . (Notarize or Corporate Seal for Each Signer) FIRST , INC. BY: Contractor R. W. KASSEL, MTC)RNEY-IN-FACT Surety *_ «£££ V-I State of.CALIFORNIA County of SAN DIEGO ss. On this.9TH day of.FEBRUARY before me personally came R.W. KASSEL to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of ALLIED FIDELITY INSURANCE CO. the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires- CB-407 (9/81) OFFICIAL SEAL MARY S. HILLGREN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY •My Commission Expires January 9, 1987 (CORPORATION) STATE OF CALIFORNIA COUNTY OF San Diego On February 9,1983 SS. _before me, the under- signed, a Notary Public in and for said County and State, personally appeaE. U. Bevilacqua 7"(Notary FOR NOTARY SEAL OR STAMP personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ president, saacxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXXXX , known to me (or proved to me on the basis of satisfactory evidence) KitiexyxyyyyyxxxxxxxxxyyyyyyxyyyyxyyyySBgMtiaiy of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS inyhand and official seal. Rosegiarie R. Osborn OFFICIAL SEAL i ROSEMARIE R. OSBORN I NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ^,_ SAN DIEGO COUNTY My Commission Expires Jan. 28, 1985 FORM C-9 Name (Typed or Printed) Page 19 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents, and the General and Special Provisions attached thereto. The Construction Plans consist of two sheets designated as City of Carlsbad Drawing No. 224-3. The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Trans- portation, together with the City of Carlsbad Supplemental Standard Drawings. 2. WORK TO BE DONE . The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. DEFINITIONS AND INTENT a) Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. b) Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. Page 20 c) Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. d) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. e) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and transportation. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 61 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the Notice to Proceed letter is not met by the Contractor, he will be assessed the daily salary of the City inspector for each working day beyond the completion date, as damages. Page 21 The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 15 consecutive calendar days from the date of receipt of said "Notice to Proceed". 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. DUST AND NOISE Precaution shall be exercised at all times to control dust and noise created as a result of any operations during the construction period. 9. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. Page 22 10. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be pro- vided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 11. SUBSTITUTION OF MATERIALS The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment, or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment, or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installation. 12. PERMITS The general construction and electrical permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 13. QUANTITIES IN THE SCHEDULE The City reserves and shall have the right, when confronted with unpre- dicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit Page 23 price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. 14. SAFETY S PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, and falling materials. Page 24 SPECIAL PROVISIONS A. SCOPE OF WORK The contractor shall furnish all labor, material, equipment, transpor- tation, and services; and perform all operations in connection with shelves, drawers, finish carpentry, and millwork as shown on drawings and specified herein, including but not limited to: 1. Furnishing and installing drawers, shelves, doors, and plastic laminate counter tops, including finish hardware for drawers, doors, shelves, and electrical lighting complete in place. 2. Furnishing and installing interior and exterior wood frames and miscellaneous woodwork. 3. Hanging wood doors and installing finish hardware. B. SPECIAL REQUIREMENTS 1. Standards: all counter tops, drawers, and millwork shall be manu- factured in accordance with Woodwork Institute of California (W.I.C.) Manual of Millwork in the grade or grades hereafter specified or shown on the drawings. 2. Submittals: submit shop drawings on all items in accordance with special conditions. All shop drawings shall bear the W.I.C. certified compliance grade stamp indicating grade or grades of items detailed. 3. Certified Compliance: Before delivery to the job site, the mill- work supplier shall issue a W.I.C. certificate of compliance indicating the millwork products he will furnish for this job and certifying that they will fully meet all the requirements of the grade or each unit of casework shall bear the W.I.C. certified compliance grade stamp indicating the grade specified. 4. Each plastic laminate counter top shall bear the W.I.C. certified compliance grade stamp indicating the grade specified. 5. Samples: submit samples of plastic laminate for City's approval in accordance with special conditions. C. ELECTRICAL The contractor shall furnish and install all electrical outlets, switches, and recessed lights required for a complete electrical system. All equip- ment and materials shall comply with the requirements of the governing code and the serving utility and shall be approved and identified by Underwriters Laboratories, Inc. (UL). Page 25 D. LENGTHS Use one piece member throughout. E. FINISH Work shall be smooth, free from machine, sandpaper, and hammer marks. F. ANCHORAGE Anchor all millwork and cabinet work and shelving to preclude overturning. G. SWING AND SLIDING DOORS Cut, fit, and hang doors, and install finish hardware. Leave proper clearance and undercuts as may be required. H. PANELING All exterior surfaces to be Wilsonart Laminate — D-33-6 Sierra D-66-6 Brick D-79-6 Hunter All interior elevation surfaces to be D-33-6 Sierra. I. CARPENTRY ITEMS 1. Lumber for miscellaneous (concealed) framing use: Douglas Fir Construction Grade S4S. J. LETTERING FOR SIGNS 1. Four inch lettering with minimum of 1/8" thickness in black color to be glued to laminate as shown on the plans. K. FINAL CLEAN UP The City Hall Lobby shall be left in a neat and presentable condition. The cost of clean up shall be considered as included in lump sum bid Item I, and no additional payment will be made.