HomeMy WebLinkAboutGretler Construction Inc; 1998-07-10; FAC 98-03-
Recording requested by:
CITY OF CARLSBAD
When recorded mail to: OC-I- 133 1398 X:15 PPI
City Clerk OFFICIAL RECORDS City of Carlsbad SAN DIEGO COUNTY RECORDER'S OFFICE 1200 Carlsbad Village Drive GREGOFlY J. SMTHF COUNTY REMIKDER Carlsbad CA 92008 FEES: Q.QQ
1998-0688192
Space above for Recorder’s use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is’ 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on July 15,1998.
6. The name of the contractor, if any, for such work of improvement is Gretler GC Construction Co.
7. The property on which said work of improvement was completed is in the City of Carlsbad, County
of San Diego, State of California, and is described as follows:
Kruger House ADA Improvements - Contract No. FAC98-3.
8. The street address of said property is:
Kruger House, 3215 Eureka Place, Carlsbad CA 92008
CITY OF CARLSBAD
Charles Walden
Facilities Superintendent
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the City Council of said City on September 22 , 1998 accepted the above work as completed
and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 23 , 1998 at Carlsbad, California
CITY OF CARLSBAD
/-
CITY OF CARLSBAD
San Diego Countv J
California
CONTRACT DOCUMENTS AND SPECIAL
PROVISIONS
FOR
KRUGER HOUSE
ADA IMPROVEMENTS
CONTRACT NO. FAC98-3
.C I.
March 24,1998
1 /m/90 Contract No. FAC98-3 Page 1 of 55 Pages
?- TABLE OF CONTENTS
Paae
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
BID SECURITY FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._....._........................ 13
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR &
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS.. . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . 15
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID . . . . . . . . . . 17
DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER
OPERATOR/LESSOR WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
-
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
BIDDER’ S STATEMENT OF RE-DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMIlTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
CONTRACT PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
FAITHFUL PERFORMANCE/WARRANTY BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..a...... . . . . . . . . . . . . . . . . . . . . . . . 41
Contract No. FAC98-3 Page 2 of 55 Pages
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION PLAN FAC98-2 . . . . . . . . . 55
1 lQ8/98 Contract No. FAC98-3 Page 3 of 55 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village
Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the 20th day of April, 1998, at which
time they will be opened and read, for performing the work as follows:
Kruger House ADA Improvements
CONTRACT NO. FAC98-3
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Public Works Department, Facilities Maintenance
Division. The specifications for the work include the Standard Soecifications for Public Works
Construction (1994 Edition, and the 1995 and 1996 supplements thereto.) all hereinafter designated
“SSPWC” as issued by the Southern California Chapter of the American Public Works Association
and as amended by the special provisions sections of this contract. Reference 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-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors
to utilize recycled and recyclable materials when available, appropriate and approved by the
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in
the State of California as an irresponsible’bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant
to the provisions of law (Public Contract Code section 10263) appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retention’s under this section in an amount not less than
$100,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, properly
executed and notarized are:
l/08/98 Contract No. FAC98-3 Page 4 of 55 Pages
<-
1. Contractor’s Proposal
2. Bidder’s Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder’s Statement of Financial
Responsibility
7. Bidder’s Statement of Technical Ability
and Experience
8. Certificate of Insurance
9. Bidder’ s Statement Re Debarment
1 O.Bidder’s Disclosure Of Discipline Record
11 .Purchasing Department Representation and
Certification
12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$33,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of
California state law. The contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. The following classifications are acceptable
for this contract: B-l, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
,- Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of
$10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and
Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter I, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held at the Kruger House located at 3215 Eureka Place in Carlsbad, on Tuesday, April 14,1998 at 8:30 a.m.
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
1/08/98 Contract No. FAC98-3 Page 5 of 55 Pages
,‘-
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initiated in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials 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 bonds shall be
kept in full force and effect during the course of this project, and shall extend in full force and effect
and be retained by the City until they are released as stated in the Special Provisions section of this
contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to
transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
,-
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer’s receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Bests Key Rating
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in
the State of California by the Insurance Commissioner. Auto policies offered to meet the
specification of this contract must: (1) meet the conditions stated above for all insurance companies
and (2) cover any vehide used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers’
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the’ City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
.- The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
l/08/98 Contract No. FAC98-3 Page 6 of 55 Pages
/-
Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-91 ,
adopted on the , 19 98 . 74th day of MARCH
Date
r- !
l/08/98 Contract No. FAC98-3 Page 7 of 55 Pages
CITY OF CARLSBAD
CONTRACT NO. FAC98-3
KRUGER HOUSE -ADA IMPROVEMENTS
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad. California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and
hereby proposes to furnish all labor, materials, equipment, transportation, and services required to
do all the work to complete Contract No. FAC98-3 in accordance with the Plans, Specifications,
Special Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Approximate
Item Quantity Unit
No. Description and Unit Price Total
1 Provide all necessary labor, LS $44,650.00
material and equipment to perform ADA Improvements per attached plans and
specifications.
Totalamountofbidinwords FQBTY FQ~J? THOUSAND SIX HUNDRED FIFTY
CENTS
Total amount of bid in numbers: $ 44,650.O 0
Price(s) given above are firm for 90 days after date of bid opening.
l/08/98
.
Contract No. FAC98-3 Page 8 of 55 ‘Pages
Addendum(a) No(s).
proposal.
1 has/have been received and is/are included in this
The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity op contractor within the State of California, validly licensed under
license number 362023 , classification B / which expires on
, and that this statement is true and correct and has the legal effect of 7 / 9 9
an affidavit.
c+ A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law. However, at
the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code
§ 20104.
The Undersigned bidder hereby represents as follows:
- 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
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 BOND
or Cashiers Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
l
‘1 IO8198 Contract No. FAC98-3 Page 9 of 55 Pages
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner) l
(3) Place of Business
r (Street and Number)
City and State
(4) Zip Code Telephone No.
. IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted GRETLER CONSTRUCTION INC.
(Signature) (
WILLIAM GRETLER PRESIDENT + $f?c &Aw/,/ --
(Title) 1
Impress Corporate Seal here
. .
1 I08198 l Contract No. FAC98-3 Page 10 of 55 Pages
. . .
(3) Incorporated under the laws of the State of clAT,TFmTA
r (4) Place’of Business RT,V
t and kmber)
City and State CHULA VISTA CALIFORNIA
(5) Zip Code 91 91.1 Telephone No. 619 429-1048
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
WTT,T,TAM GRF.TT.ER S@ (/038/d + &
/
567 [.A? e.. $&ku
1 /as:198 Contract No. FAC9&3 Page 11 of 55 Pages
- 14-98 13:10 GC i
BID BOND NUMBER: #56634-2
BIDDER’S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS;
That we, AMERICAN CONTRACTORS GRETLER CoNSTRUCTIoNf INqas Principal, and INDEMNITY COMPANY
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows;
(must be at least ten percent (10%) of the bid amount) TEN PERCENT OF BID for which payi7jent, well and truly made, we bind ourselves, oxheirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCM that if the proposal of the above-
bounden Principal for:
Kruger House AOA improvements Contract No, FAC98-3
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall became 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.
. ..a
"'('SEE FOLLOWING ATTACHMENTS)
. . . .
IF L? 1 .:,.-:. *-- ~ 14-98 .13: l(j (-ii 1
1 In the event Principal executed this bond as an individua/, it ~5 agree0 that the death cf Pr1r;cia2j
/c shall nOI exonerate the Surerli :fOm I& obligations under this bond.
Executed by PRINCIPAL thrs
day of $? 8
/L / . - 1g-w
PRINCIPAL:
(f&&f- .zi////,
/A// LL /&g/q GAE 7e%. (619) 297-2900
(prinrname here) (telephonenumber of Surety)
r /A// c. (’ //mJLvc 7cPh
(pri5t name herej
.--
I GAeI-Leu Cdt/7 J=<
no organization of signatory)
Executed by SURETY this 17TH d-5, .-,i
APRIL say 52 ,1998
SURETY:
AMERICAN CONTRACTORS INDEMNITY COMPANY
(name of Suretyj
1081 CAM& DEL RIO SOUTH SUITE 107 SAN DIEGO, CALFIORNIA 92108
(address of Surety)
PATRICIA HAWKINS
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing ;;urrer,r
power of attorney.)
(Proper notarial acknowledge of execution by PRINCIPAL and SURErY must be at:achec! )
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corpcration must attach a resolution certified by the secretary or assis%nt
secretary under corporate seal empowering that officer to bind the corporation.) -
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
1/‘
JANS/jGOBALDI
post-h” Fax Note 7671
To f+f-jy ‘C./ ;;;.
w:DiPt. g p * CO. / j/ KA&(C
phoney 7cL I( 3$+ PhOl~B *L ~3L’Q 4$-
Fpx Y ) d&-cl.iq Faxff qef= &.+lx&
De$ty City Attorrq
.- American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW &L MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Patricia Hawkins
as its true and lawful Attorney(s)-in-fact, in amount of $287 ~OOO=oo , to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which arc or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRWfORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Wee President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal r-1 be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
t, , alid ‘and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporateseal to beaffixed byitsauthotizedofficer this ,L day of Aurmst ,1997 .
STATEOFCALIFORNIA COUNTYOFLOSANGELES
AMERICAN MPANY
By:
on August 6, 1997 before me, B. Caindec personally appeared A&J&rst
personally known to me to be the person whose name is subscribed to the withih instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
wYlTNkjS my hand and official seal.
CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are .--ect transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full e_ se and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this ’ 7TH day of APRIL ,199S .
Albert Baumqarten, Secretary
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
On APRIL 17, 1998 before me, R.M. HAWKINS (NOTARY PUBLIC) ,
Date Name and Title of Officer (e.g., ‘Jane Doe, Notary Public”)
personally appeared PATRICIA HAWKINS , Name(s) of Signer(s)
0 personally known to me
q proved to me on the basis of satisfactory evidence
to be the personm whose namew is/& subscribed to the
within instrument and acknowledged to me that @r/she&&y
executed the same in l$/her/tt#r authorized capacity(ie),
and that by l-&/her/tf#ir signature(d on the instrument the
perso@, or the entity upon behalf of which the perso&
acted, executed the instrument.
OPTIONAL
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 56634-2 BID BOND GRETLER CONSTRUCTION, INC. KRUGER HOUSE ADA IMPROVEMENTS
Document Date: 04-17-98 CONTRACT #FAC98-3 Number of Pa es FoUR ( 4 ) (INCLUDING TfIIh ACKNOWLEDGE1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
q Individual
0 Corporate Officer
Title(s):
q Partner - 0 Limited 0 General
0 Attornev-in-Fact
q Trustee
0 Guardian or Conservator 0 Other:
Signer Is Representing:
~
Signer’s Name:
Cl Individual
Cl Corporate Officer
Title(s):
0 Partner - q Limited 0 General
•i Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
NT)
(D 1996 National Notary Association l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free l-800-8766827
. .
State of California State of California
County of County of %&J Da,a SAA-I DAZ-Q \ -
On On AP, i
personally personally appeared - Name(s) of Signer(s) p6 p6
personally known to me personally known to me
we -0~ we -0~
evidence evidence
to be the person@) whose name(s) is re-
subscribed to the with’n instrumen
acknowledged to me da
Q and
at she&hay executed
the same in & ih&thetr authorized
capacity(ieej, and that by @$%&MW
signaturewon the instrument the person(e), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this
Description of Attached Documen
Title or Type of Document: ~;&.&
Document Date: jlp/m- 20, (vu I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name: i,A$Ili-/y-nJ Gref-lm
0 Individual
morporate Officer - Title(s):
0 Partner - 0 Limited q General
Cl Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Association l 9350 De Soto Ave., P.O. Box 2402 l Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the
Special Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract
Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section
1-2 of the Special Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders
are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of
these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct information may
result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by other than the Contractor’s own organization will be rejected as non-
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the
Work.
.- All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in
the line of the form must be entered under the column “O/O of Item by Sub” or “O/O of Item by O+O”
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport for materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case
may be, installing them. The value of material incorporated in any Subcontracted or Owner
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any
part of the portion of the work that the Contractor is required to perform with its own organization.
The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor-does not have a valid business license enter “NONE” in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
,- the required information. The number of additional form pages shall be entered on the first form I page of each type so duplicated.
1108198 Contract No. FAC98-3 Page 15 of 55 Pages
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If
using this option the Bidder must indicate the bid item numbers to which the information in the row
pertains. This option may not be used where the subcontractor or Owner Operator/Lessors
constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract documents and these Special Provisions. The decision of the City Council shall be final.
1108198 Contract No. FAC98-3 Page 16 of 55 Pages
APR-24-98 FRI 8:15 AM CARLSBADJOMM SERV/OAKV2 FAX NO. 619 7209562 P. 1
- ApW-‘-24-98 06:40 Gci P-01
1
1
I
I
I
I
I
1
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1
-
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BiD
The Bidder MUST complete each information field on this form for each subcontractor that it proposes t0 use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor, This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontradors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specificzHiins and
section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon
the prior approval of the Agency.
Full Company Name of Subcontractor: tmGi+l 4hd-LLQF co.
Complete Address: -x7\ e.t CG\m 8~hd.
sE!et
32JK-
Zip
Telephone Number plus Area Code: bi4- ‘D2L-b210
California State Contractors License 459938 C- 1s
Cartsbad Business License No.:
.
1108198 Contract No. FAC9&3
. .
PagelTOf55PageS
APR-24-98 FRI 8:16 AM CARLSBAD, COMM SERV/OAKVZ FAX NO. 619 7209562 P. 2
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OC:90 S6-tZ-
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or Lessor
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may
be attached if required to accommodate the Contractor’s decision to use more than one
subcontractor. This form must be submitted as a part of the Bidders sealed bid. Failure to provide
complete and correct information may result in rejection of the bid as non-responsive. Except for the
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform
any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor
listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet
for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition of Owner
Operator/Lessor.
Full Owner Operator/Lessor Name: WTNFTRT,JI FT.O~R ~~)VRFTNG
Complete Address: 703 1 WOL RD
Street
City SAN DII<GO state c A . .
Telephone Number plus Area Code: (619 j 587 - 9007
.- City of Carlsbad Business License No.: NONE
OWNER OPERATOR/LESSOR WORK ITEMS
Bid Bid Price % of % of Total Bid Bid Price % of % of
Item of Item Item by Contract Item of Item Item by Total
No. o+o No. o+o Contract
?AINT FAC98-3
l
.
1 ml98
JJw - of pages of this form
.
Contract No. FAC98-3’ Page 18 of 55 P.&es
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .- (To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
l/08/&
. .
Contract No. FAC98-3 Page 19 of 55 Pages .
GRETLER CONSTRUCTION, INC.
FINANCIAL STATEMENTS
OCTOBER 31,1997
JEANNETTE PELES
Enrolled Agent
13825 Deanly Way
Lakeside, California
(619) 390-9330
William Gretler
Gretler Construction, Inc.
1180 Industrial Boulevard
Chula Vista, California
The accompanying Balance Sheet of Gretler Construction Inc. (a California
Corporation) as of October 31, 1997and the related Profit and Loss
Statement for the the twelve month period then ended, have been compiled
by me.
This presentation is limited to presenting, in the form of Financial Statements,
information that is the representation of Management. These financial
statements have not been audited or reviewed.
Jeannette Peles, E.A.
December 26, 1997
12126197
f-
,-
GRETLER CONSTRUCTION, INC.
Balance Sheet
As of October 31,1997
ASSETS
Current Assets
Checking/Savings
Cash in Bank -Checking
Total Checking/Savings
Accounts Receivable
Accounts Receivable
Total Accounts Receivable
Other Current Assets
Note Receivable - Shareholder
Note Receivable-WG Holding, Inc
Total Other Current Assets
Total Current Assets 17lJ20.93
Fixed Assets
Fixed Asset
Accumulated Depreciation
Autos 8 Trucks
Equipment 8 Machinery
-23,214.OO
23,780.OO
59,091.48
Total Fixed Asset 59,657.48
Total Fixed Assets 59,657.46
TOTAL ASSETS
LIABILITIES 8 EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable
Total Accounts Payable
Total Current Liabilities
Long Term Liabilities
N/P Equipment - $805.26
Other Long Term Liability
Total Long Term Liabilities
Total Liabilities
Equity
Retained Earnings
Net Income
Stock
Common Stock
Preferred Stock
Total Stock
Total Equity 33,909.96
TOTAL LIABILITIES 8 EQUITY 231,478.41
Ott 31, ‘97
5,646.ao
5,646.aO
114,878X2
114J78.62
5OJ53.87
441.64
51,295.51
231,478.41
94,146.21
94,146.21
94,146.21
34,022.24
69,400.OO
103,422.24
197,568.45
-54,321.OO
63,882.96
23,348.oo
1 ,ooo.oo
24,348.oo
f-
. . . . Page 1
12l26197
GRETLER CONSTRUCTION, INC.
Profit and Loss
November 1996 through October 1997
Nov ‘96 - Ott ‘97
Ordinary Income/Expense
Income
Construction
Equipment Rental Income
Sales
325,248.68
5,020.OO
504,255.91
Total Income 834,524.59
Cost of Goods Sold
Cost of Goods Sold
Consulting
Equipment Rental
Fuel
Hauling/Dump
Licenses and Permits
Materials
Payroll
Subcontractors
8,717.04
68,830.86
20,558.ai
32.577.60
33146.35
166,207.Ol
169,917.aa
144.540.72
Total Cost of Goods Sold 614,496.27
Total COGS 614,496.27
Gross Profit 220,028.32
Expense
Advertising
Automobile Expense
Bank Service Charges
Contributions
Credit Card
Depreciation Expense
Dues and Subscriptions
Insurance
Liability Insurance
Work Comp
Insurance - Other
1,911.55
10,365.63
737.16
50.00
0.00
14,914.oo
531.20
2.053.00
a,4a4.i5
14.842.09
Total Insurance 25,379.24
Interest Expense
Finance Charge
Interest Expense - Other
286.32
~,oai.aa
Total Interest Expense 1,368.20
Miscellaneous
Office Expense
Office Supplies
Outside Services
Payroll Fees
Payroll Taxes
Professional Fees
Accounting
Legal Fees
Total Professional Fees
7,497.55
7,402.41
1,300.16
2,570.OO
1,240.40
16.767.86
6,404.49
3,724.30
Reimbursed Expenses
Rent
Repairs
Building Repairs
Equipment Repairs
Repairs - Other
io,128.79
8,976.24
1.829.12
Total Repairs
Small Tools
Taxes
State
Taxes - Other
10.00
i2,823.32
8,749.85
21,583.17
623.74
2,105.85
101 .oo
l
Page 1
12l26197
,F-
GRETLER CONSTRUCTION, INC.
Profit and Loss
November 1996 through October 1997
Nov ‘96 - Ott ‘97
Total Taxes
Telephone
Travel 8 Ent
Meals
Travel
2,206.85
15,211.22
250.22
23623.74
Total Travel & Ent
Uncategorized Expenses
Unidentified
Utilities
Void
Total Expense
Net Ordinary Income
Net Income
2.873.96
0.00
0.00
676.91
0.00
156.145.36
63,882.96
83.882.96
Page 2
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
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.
Date
Contract
Completed
Name and Address
of the Employer
Name and Phone
No. of Person
to Contract
Type of
Work
Amount
of
Contract
1108198 Contract No. FAC98-3 Page 20 of 55 Pages
~~. _.___. .---.-. ..- _.. ” . .
, i _ J
-* :
r 23
RESUME .
GRETLER CONSTRUCTION, INC.
CaEmm mm, INC.
LICENCE #362023
1180 INDUSTRIAL BLVD.
CBULA VISTA, CA 91911
THIs1smIIvrRomcE- c2awrRuCr1ON, INC. OURoRGmmATION HASBEENINBUSINESSASANowNER/BUI~ERAND -BUILDING coFrmAc!roR SINCE 1977.
Gt?EmER msTRumON INC. -wITH~ous-AND LENDERS HAW SUCCESSFULLY BUILT - E'ROJEClXiTHATPROVEt.
'I0BEEQUITABLEFoRALLAPRTIESIlWOLVED. GREmxR ccNsrRucrIoN INC.UNDERSTANDSTHE~IMPORTANCEOF KNOWIZTHATTHEoOJVl?i?ACIWR ONYCURPRCllECTISQUALIFJXDANDFINANCIALLYABLE~~ THE WRK CONTRACI'E.DFoR.
BILLGRmmR,PRESIDENTOFGRmLER msTRucrIoN, INc.HAs 30 YEARSOFCONSTRUCJ'IONEXPERIENCEINTHEFOLLCWINGAREAS.
1, RESIDENTIAL 2.MULTI-UNITOD-ANDAPe--
3.ccNMER~BurLDms 4. INDU~PAPKS 5.MULTI-S'IORYOFFICEBUILDINGS 6. CuSToMmMEs 7.lxmIoD~/mmIMeR-
THANKMUFoR~NGUSToIpJTRocucE~coMpANy.IFwEcANBE OF SERVICETOYOUORYCUNEED~ INFORMATION PLEASE DON'T
HESITATE To CALL BILL AT (619) 429-1048.
SINCERELY,
WILLIAM GF!EKm, PRESIDm/OWNER
--a, INC.
LIE-SE #362023
1180 lINEf.JsTRIAL ELVD. CISJLA VISTA, CA 91911
(619) 429-1048 OFETCE
(619) 424-8808 FAX
BGENERALBUlLDII!?GclENTRACIQR
LIC!ENSE #362023
D'AaSSA INSURAKE AGENCY, INC.
7841 BALBOA AVENUE, SUITE 215 SAJ!? DIEC-O, CA 92111
(619) 279-5955
POLICY #Cal 74962
STATE ComsATIm IcNsmANcEFuND
9444 WAPLES SrREEr SAN DIBX, CA 92121
(619) 552-7000
POLICY #770882
PACIFICCCWERCEBANK
1196 THIRD AVENUE CH= VISTA, CA 91971
(619) 422-2265
ELITE EXXKEEFIXG & TAX SERVICE (619) 440-3927 A-
FERNAMx)ORVANANX (619) 425-7800 mm
RcQRG??? (619) 474-3341 lasTEm? FUND (xwI!ROL
iYam? R.ANKm PACWICCCWGRCEBANK (619) 422-2265
GAIL BIO(IUTr"E (619) 237 -4989 SAN DID NATICNAL BAti
REFERENCEScNCU~HoMEsAND F!EiMODEZS A- mREouEsT
. c i c 1
G8Jm.m a3NsTRmoN INC. 1140 WALNCT AVENUE CauLA VBTA, CA 91911
(619) 429-1048 OFFICE
(619) 424-8808 FAX
1977
43uNI!rxaKlxmT~
365MosSSTREET,cHuLAVISTA,(=A
GENEmLa.l-
1980
caTGxax-m FI-’ S SUPFLY, -BEAcH,cA - - CmTRA~
cc@mxmLmm FISHERMAN’S SUETLY, DANA POINT, CA - an?msm
1982
26UNITAPiRWE2XVJT .
“G” STREET, CEiULA VISTA, CA GEPERAL (B-R
1983
OFFICE E!urmmz 294 SHASA, CEi VISTA, CA ’ GEBERX -mR
18UNITAPAR!mmT~ THSRD & “H” !ZTEEET, CHUM VIS’B, CA GEXERAL UXWCC0R
1984.
4INLtJm B3zIDm so- - PARK, auLA vIsI!A, CA GEIERALCONTXP-CTOR
9TmI!rBm
350 “G” STREET, CHULA VISTA, CA GENERAL (XNTRAmR
guNIT-m 291 “G” STRE=T, CH= VISTA, CA GEUEFSL 03ma
1985.
lOlJEU!l!AP~~
345zEmTH~,cHuLAvrsA,ca .
7 AtRE R.V. tS!RXSE
1140 wAIBUT AVIBUE, CXlNER/Dmm cHuLAl7IisA, (3A
1986
22uNI!r~--
2346slyyTHE Am, SANYSIDFiO,Ca OWNER/DliTECWR
92lmIT~~ccMErl;M:
3710- AIBKE, SAND=, CA G.EmRAL-
1987
16OTJNITAPAIUMmT-
12905 ?-lA.Prnd SIREET, IlAKEsIDE, CA
- mm-
27UNITAP~~
9059 HARNESS STREET, SPRING WELiZ, CA CWNER/DEVEKEX
1988
15sIEJGLE--
v?IN- RANCX, 3AMAcHA ROAD, EL CAJUN, CR CWNER/DEVElQ~
.1989
14uNI!rAP-- MARKZT-,aDIM=O,CA GENERAL CoNicIuR
1990
25LNXT-CCMPLM
8182 LENIN GROW. WAY, LEXON GFtOVE, CA OViNEEt/DWELWE3
,-
COMPLETED PROJECTS (CONTINUED)
1991
1 SINGLE FAMILY RESIDENCE
2220 22ND STREET NATIONAL CITY
1800 SQ. FT, OWNER/DEVELOPER
1992
1 SIN&E FAMILY RESIDENCE 3,000 SQ. FT. IN ALPINE OWNER: MR-AND MRS. RAY HOLDERER 444-9446
1993
1 SIX UNIT APARTMENT BUILDING
21 4TH AVE. CHULA VISTA, CA. OWNER: BARBARA ORSA AND REGINA HICKEY 420-3869
1994
1 SINGLE FAMILY RESIDENCE
3700 SQ. FT, 13876 HONNELL WAY JAMUL, CA. OWNER: TED AND BETH SUNDQUIST
473-8755
1 SINGLE FAMILY RESIDENCE REMODEL CASTLE COURT LAKESIDE, CA. OWNER: CANDY AMES 443-7259
COMPLETED PROJECTS (CONTINUED)
1994
1 SINGLE FAMILY RESIDENCE REMODEL
1112 TWIN OAKS CHULA VISTA, CA OWNER: DON AND IVALEE RASCO
422-8636
STARTING CONSTRUCTION ON 14 NEW HOMES HART DR. EL CAJON, CA OWNER/DEVELOPER
1995 2. SPEC HOMES
2204 AND 2207 22ND ST NATIONAL CITY, CA OWNER/DEVELOPER
1996 BIG BEN MARKET- REMODEL _- 2108 EAST 8TH STREET NATIONAL CITY, CA CONTACT: NORM JACKEL (619) 477-1015
1991-1997
SOUTH BAY SCHOOL DISTRICT MAINTENANCE &"OPERATIONS SUPERVISOR I-' FRANK VILLAGRANA (619) 575-5989
CHULA VISTA ELEMENTARY SCHOOL DISTRICT MAINTENANCE & OPERATIONS DIRECTOR DAVID DOW (619) 425-9600 X351
SAN YSIDRO SCHOOL DISTRICT MAINT., OPS, & FACILITIES DIRECTOR TERRY GARRISON (619) 428-0716
.-
BIDDER’S CERTIFICATE OF INSURANCE FOR /c GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page.
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer’s Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting
Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
1108198 Contract No. FAC98-3 Page 21 of 55 Pages
6AN DIEGO, CA. 92160-0550
t
.
AEQVE FOR THE POLICY PEFlKjO ’ REQUIREMENT. TERM OR C0NDlTiON OF ANY COl’iTRAcT Of4 OTHER Df3ClJhtE WH t?ESPECT TO WHICH MIS
GH POLICIES LlMlTS SHOWN MttY HAVE SEEN REOUCEIJ BY PAID CluMs.
THIS I$ TO cmFY THAT THE
INol~TED, ND lWTH8T~lNQ A
CERnHcATE MAY BE lssJm 01: EXCLWSiCNS AND OONOmONS OF I
POUCY NUMBER
PO157 6413450
~(KKWEFFEC~E
~~Wuwlwm)
05/20/97 x COMM6REULQENERuU ..23’ ,. I.
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aTweRtcuNAum3NLY. I ::.;i>;,,* ., .>,. . . . . . . .r:.:* :,. <- z,..: . . . . . -AdA :.., . . . . I iE*wAc+-mEw I
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vacmvriow 0F oPEfun0NWuXATiONS/ L lIClES/SPEClAL ITEMS
IERTRIFICATB HOLDER IS NAMED AS AN ADDITIONAL INSURED BUT 0 Y AS RESPECTS TEE )BERATIONS OF TRE N-D INSURED IN ComCTION WSTRr ALL OPE
:1TY OF CARLSBAD t200 CARLSBAD VILLAGE DRIVE
EXF-IRATION OATS Th4EREOF. THE ISWI COMPAW W&l lZND@VOR TO AWL
a DAB WRITTEN NOTICE TO THE CEtfTlFtCATE MOLOER NAMED TO THE LEFT.
AR&WAD, CA. 92008-1989 BUT FAiLURE TO MM, WCti Wfl’ZE OHAl+ IMPOSE NO OBLIQATION OR LIAWILITY
DF AMY KJHD UPON THE COMPANY. ’ 178 n0Eh-W OR REPReSENfAllVEB.
WT~RIZEED REPRESENTAllVE T
<-’ - GENERAL CHANGE ENDORSEMENT
This endorsement forms a part of the Policy to which attached, effective from _its date of issue unless otherwise stated herein.
Policy Number: F 0157 G 413450 Policy Period Inception: 5-20-97 Issued to: GRETLER CONSTRUCTION, INC. Expiration: 5-20-98 Endorsement Effective from: 04-16-98 12:Ol A.M. Standard Time
In consideration of additional premium of: Provided By:
GL - Miscellaneous *100.00 FIRST FINANCIAL
Total Amount 100.00 *FULLY EARNED
It is agreed that as of the effective date hereof, the policy is hereby
amended in the following particulars:
ENDORSEMENT #10
IN CONSIDERATION OF ADDITIONAL PREMITJM SHOWN ABOVE, IT IS UNDERSTOOD
AND AGREED THAT ADDITIONAL INSURED ENDORSEMENT FORM BG-G-197(12/95) IS
AMENDED TO INCLUDE THE FOLLOWING ADDITIONAL INSURED:
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989
RE: ALL OPERATIONS
-c All other terms and conditions remain unchanged.
I I
Issued: 05-01-98 MONARCH E & S INS SERVICES At: La Crescenta CA 91214
FIFTH AVE INSURANCE SVC. P.O. BOX 600550 SAN DIEGO CA 92101 980501-011 OMNI-END001 9504
an Diego, CA 92101 ‘, COMPANIES AFFORDING COVERAGE j ,,.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._._._..._....................................................................,,..,.~.... . . . . . . . . . . . . . . .
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1180 Indusrri’al Blvd.
Chula Vista, CA is1311
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CERTfFlCATE WY BI ISSUEDIO~ MAY PERTAIN. WE INSURANCE AffORDED BY TM POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONOmOt@ OF SUCH POLlCItZS. LIMITS SHDWJ h#AY W/E BEEN REDUCED BY PAID CL&MS. ,,.... i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I,,..,..................,........... / . ..#.... * . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..I.. “,.lj . . . . . . . . . . . . . . . . . . . . . . . . . . . . i’ . . . . .._._......I../.............~.........................,.,./,....,.................., ” . . . . . . . . ..........a..... ..
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HIS COVERAGE FOR r&E BENEFIT OF THE CERTIFICATE HOLDER ONL+
CITY OF CARLSBhD
1200 CARLSBk i’XLLIAGE DRI\jE
CARLSBAD. CA +OOS
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BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible
another jurisdiction in the State of California?
X
Yes no
bidder by
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
GRETLER CONST INC
(name of Contractor)
(sign here)
WILLIAM GRETLER
ciek
1m/9a
.
Contract No. FAC98-3 Page 22 of 55 Pages ’
,I
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1 I
I .
I 1
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/- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California
Contractors’ State license Board two or more times within an eight year period?
yes
X.
no
2. Has the suspension or revocation of your contractors license ever been stayed?
yes
:c
no
3. Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
yes
X
no
4. Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work ever been stayed? X
yes no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disci,plined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe
the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
. . l/08/98 Contract No. FAC98-3 Page-23 of 55 Pages : .
(Attach additional sheets if necessary)
BY CONTRACTOR:
GRETLER CONSTRUCTION INC
hame of Contrachr)
By: OL 57%
WILLIM GRETLER
(print name/title)
,-
. . *
l/08/98 ’ Contract No. FAC98-3 Page 24 of 55 Pages
. . l
.
f-
NON-COLLUSION AFFI’DAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1 ) ss. County of )
flf?Y f/M 9r CZML , being first duly sworn, deposes (Name of Bidder)
and says that he or she is
(Title)
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusice or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
- any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty o perjury that the foregoing is, true and correct and that this affidavit was
executed on the day of ?4& R QR.r I- ,19W?
Subscribed and sworn to before me on the ,1996;: zd& dayof gPR<G
(NOTARY SEAL) 2 I LLOb
1 to8198
. . Contract No. FAC98-3 Page.25 of 55 Pages
I
.
CONTRACT
PUBLIC WORKS
This agreement is made this .1&h day of July , 19!98 , by
between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”),
and Gretler Construction Inc. whose principal place of business is
and
1180 Industrial Blvd., Chula Vista CA 91911
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: Kruger House ADA Improvements - Contract No. FAC98-3
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
.- 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special
Provisions, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s
expense to fulfil1 the intent of said documents, In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and
materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 suoplements thereto,
hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The
Engineer will close the estimate of work completed for progress payments on the last working day of each month.
F--. 5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
1108198 Contract No. FAC98-3 Page 26 of 55 Pages
,-
the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground
conditions. Any information that may have been furnished to Contractor by City about underground
conditions or other job conditions is for Contractor’s convenience only, and City does not warrant
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
8. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site.
r-
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all.claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety
l/08/98 Contract No. FAC98-3 Page 27 of 55 Pages
,-
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, jncluding defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91-403.
(A) Coverage’s And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $l,OOO,OOO combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its:agents, officers or employees are additional insured.
-
b. Automobile Liability Insurance: $l,OOO,OOO combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or off-site, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
z, required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement contain, or are endorsed to contain, the following provisions. General Liability,
Employers’ Liability and Automobile -Liability Coverage’s:
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, employers’ liability and auto liability coverage.
T-
b. The Contractor’s insurance coverage. shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it.
1108198 Contract No. FAC98-3 Page 28 of 55 Pages
r
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
(C) “Claims Made” Policies. If the insurance is provided on a “claims made” basis, coverage
shall be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in
coverage or limits except after thirty (30) days’ prior written notice has been given to the City by
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shal!contain
a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or
under the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor’s bid.
r
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
l/08/98 Contract No. FAC98-3 Page 29 of 55 Pages
ic (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
f--
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
I have read and understand all provisions of Section 11 above. e nitial)
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article
2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal place
of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
‘1 . . .
l/08/98 Contract No. FAC98-3 Page 30 of 55 Pages
,-
. . .
. , .
. . .
*..
. . .
. . .
. . .
. . .
. . .
. . .
. . .
f-
l/08/98
This page intentionally left blank.
Contract No. FAC98-3 Page 31 of 55 Pages
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Special Provisions” attached hereto and made a part hereof.
N0TARIAL ACKNOWLEDGMENT
ATTACHED
OF EXECUTION BY ALL SIGNATORIES MUST BE
(CORPCJRATE SEAL)
CONTRACTOR:
(A/4 /Al hh fwL&PLt SrL-, v (print name%nd title)
ATTEST:
KAREN R. KUNJITZ, Assistant City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one offtcer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: JANE HOBALD~ Depu$ City Attorney
.-
r
1 IOU98 Contract No. FAC98-3 Pane 32 of 55 Pages
CALI@Ok);jlA AILPURPOSE ACKNOWLEDGMENT No. 5907
4
?r*uK /tl. ,x/Cp/ 07‘ I
NAME, TITLE OF OFFICER - E.G., “JANE’DOE. NOTARY PUdLlC \
personally appear t3ereP !NicC&A. T- Kc---c I
NAME(S) OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(b) whose name(e@are
subscribed to the within instrument and ac-
knowledged to me th t@he/they executed
the same in his/ et-/their CJ authorired
capacity(M), and that by &er/their
signature(s) on the instrument the person(#),
or the en’
person(s)
tity upon behalf of which the
acted, executed the instrument.
WITNESS r
c-7-L
ny hand and official seal.
‘f\ /yu . / -xv SIGNATURE OF NOTARY u
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) c] LIMITED q GENERAL ---s-5---
0 ATTORNEY-IN-FACT NUMBER OF PAGES
[7 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: d /zd //QSp I DATE OF DOkljMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIl-Y(IES)
SIGNER(Sj OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
.
.May-YiS-98 10238 Gtt
t FINAL CO~N’FbWT PRICE .-
BOND NO. 73099 PREMIUM $1,340.00 LABOR AND MATERIALS BOND
WHEREAS, tDe City Council of the City of Carlsbad, State of California. by Resolution No. 98427 adopted Gretler Condtruction Inc.
May 5, 1998 , has awarded ta
(hereinafter designated as the “Pri&ipal”), a Contract for :Kruger HouseADA Improvements
Contract Na, F&C98-3
in the City of Carlsbad. in strict con!ormity with the drawings and specifications. and other Conbac! Oocuments now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal ha!, executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, provlding that if Principal or any of their subcontractor8 shell fall to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performanc? of the work agreed to be done, or for any work or labor done thereon of any klnd. the
Surety on this bond will pay the game to the extent hereinafter set forth.
NOW, fHEREFC)RE, WE, Grstler Construction Inc. --
as Principal, (hereinafter designated as the “Contractof), and American Contractors lndemnlty Company
/c as Surety, are held firmly bound unto the City of Cerfsbad in the sum of
Twenty two thousand, three hundred twenty five _ Dollars
($ 22,325.OO ) said sum being Mty percent (5OOr6) of the estimated amount payable by the City of Carlsbact under ks terms of the CoWact. for which payment well and truly te be made
we bind ourselves, our heirs, executors and adminlstretors. successors, or aesigns. jolntly and
severally, firmly by these presents.
THE CONDlTlOhl OF THIS OBLIGATION IS SUCH that if the person or hisher 8ubcontractors fail
to pay for any materials, provisions. provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Code with respect to such work or lobor, or
for any amounts required to be deduoted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to such work end labor that the Surety Will
pay for the same. not to exceed the sum specified in Che bond, and, also, in case sult Is brought
upon the bond, costs and reasonable expenses and fees, lncludlng reasonable attOtney’S fees, lo be fixed by the oourt. as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporatlbns entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
-
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms Of
the Contract, or to the wok to be performed thereunder or the specifications accompanying the same shall affect its obligations on thla bond. and it does hereby waive notlce Of any change,
extension of time, alterations or addition to the term8 of the contract 01 ‘to the work or to the
scxxifications.
1198l90 Contract No. FACSS-3, Page 33 of 55 Pages ’
.
May-X5-98 10:3a Gci 1 . P-05
c BOND NUMBER 73099
-
In the event that Contractor is an individual, it is agreed that the deat; of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 12 Executed by SURETY this 20th day
day of Max,- ,19*. of MAY ,192.
COIVTRACTOR: SURETY:
- jiign here)
AMERICAN coNTRAcToRs INDEMNITY COMPANY
(name of Surety) 1081 CAMINO DEL RIO SOUTH #107 SAN DIEGO, CA 92108
(address of Surety)
-CRETLa PmlD,ENT
(print name here)
(619)297-2900
(telephone number of Surety)
/A/I/ u/AMf ~&?Y-ke
(pflnkd name of Attorney-in-Fact> -
(print name here) (attach corporate resolution showing current
n 4/L &f% kn?d+ + .G? c&&y
power of attorney)
title and organization of signatory)
(Proper notarial acknowledge of executfon by CONTRACTQR and SURETY must be attached.)
(President or vice-president and rccretary or as&ant Secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution ceeified by the secretary or assistant
secretary under corporate seal empowerlng that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
. l/08/08
Deputy #ity Attorney
Contract NQ. EACTM-~ Page 34 of ss Pages
A..
American Contractors Indemnity Company
Los Angeles, California
POWER OF AlTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEh4NITY COMPANY a California Corporation
(the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Cynthia J-. Barnett
as its true and lawful Attorney(s)-in-fact, in amount of $ unUraited , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be dowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMFMJY, as fully and amply, to all
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
?his Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directom of AMERICAN CONTRACTGRS INDEMNITY COMPANY at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, -.
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
-ny certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal rall be valid and binding~upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WEEREOF, AMERICAN CONTRACT corporate seal to be affixed by its authorized officer this
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
on March 26, 1997 before me, Deborah Reese personally appeared 4ndy Faust personally known to me to be the person whose name is subscribed to the withih instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
COMPANY do hereby certify that 1 have compared the
foregoing copy of the Power of Attorney and a.tEdavit, and the copy of the resolution adopted by be Board of D&cto~ of said Company -% set forth in said Power of Attorney, with the ORIGINALS ON FLLE IN THE HOME OFFICE OF SAID COMPANY, and that same are mt tran~X@ts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 20th day of MAY ,19 98 .
pm&~
.dhn S. Sueitay Asst. Secretary
.
, CALlPORNlA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of
County of
On MAY 20, 1998 before me, STERYL SMIT'E,NOTBRpPUBLIC ,
DATE NAME, TITLE DF OFFICER - E.G., ‘JANE DOE, NOTARY PUWC
personally appeared CPNTHIBJ. BARNETT ,
NAME(S) OF SIGNER(S) .
@! personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
q INDIVIDUAL
0 CORPORATE OFFICER
m-w3
q PARTNER(S) 0 LlMfTED q GENERAL
a ATTORNEY-IN-FACT q TRUSTEE(S)
B ~U;DRlAN/CONSERVATOR ‘.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME ff PEFsoN(S) OR emn(rEs)
BMEBICAN coNTNAcToR8 INDENNITY
CONPANY SIGNER(S) OTHER THAN NAMED ABOVE
91993 NATlONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184. Ca&@ Park. CA 91309-7184
CALIFORNIA ALbPURPOSE ACKNOWLEDGMENT No. 5907
County of II CsslS \
On A&4\! F before me, k-4 R 2 , I” a I I p-T-
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBUC
personally appeared , NAME(S) OF SIGNER(S)
Kpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
21 COMM.# 1089913 5
NOTAWNIWW&&~h g
coMMI58KIN EXyRES .IWE rs. 2WO a[ _ _ -__
to be the person(a) whose name(s@re
subscribed to the within instrument and ac-
knowledged to me tha@she/they executed
the same in @her/their authorized
capacity(iee), and that by @&her/their
signature(e) on the instrument the person(s),
or the entity upon behalf of which the
person(o) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE 013 w& 0F DOCUMENT TITLE(S)
0 PARTNER(S) Cl LIMITED q GENERAL
17 ATTORNEY-IN-FACT
0 TRUSTEE(S)
; ~;;;;lAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
P-02 ‘1 M&l643 lo:37 Ck: i ,
.
&-Jm N(). 73099
BOND ~~UiUTsM BASED Ol\j FINALCONTRtlCT PRICE - PREMIuM $1.340.00
FAITHFUL PERFORMANCE/WARRANTY BOND - ‘, WHEREAS, the City Counell of the City of Cartsbad. State of California. by Resolution
No , SF-127 _.. ..$ adopted May 5, 1998 I_--._--..--* has awarded to
Cretler Construction Inc. , (hereinafter
designated as the “Principal”). a Contract for:
Kruger House ADA Improv?ments Contract No. FACO8-3
in the City of Cerlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carl&ad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Said Contract and the terms thereof
require tne furnishing of a bond for the faithful performance and werranty of said Contract;
NOW. THEREFORE, WE. Gretler Construction Inc. , as Principal,
(hereinafter designated as the “Contractor”), and r American Contractors Indemnity Company
. . . . . -. . . . , as Sllrety, are held and firmly bound unto the City of C&bad,
in the sum of Forty four. thousand, sbc b.4 fiftv Dollars ($ 44,650.OO ), said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or Its
certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind
ourselves, our heirs. executors and administrators, successors or assigns, jointly and severally.
filmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH’ thar if the above bounden Contractor, their
heirs. executors, administrators, successors or assigns, shall in all things stand to and abide by. and
well and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and
in the manner therein specifkd, and In all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Carlsbad. its officers, employees and agenrs, as
therein stipulated. then this obligation shall become null and void; othewise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition (0 the face amount specifkd therefor,
there shall be included costs and reesonable expenses and fees, including reasonable attorney’s
fees, incurred by the City in succ@ssfully enforclng such obligation. all ta he taxed 8s cnsts and
included in any judgment rendered. #
Surety btlpulates and agrees that no change, extension of time, alteration or addltlon to the tOrnl8 Of
the Contract. or to the work to be pe&mV4d thereunder or the speclflcations 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 10 the terms of the contract or to the work or to the specifications.
In the event that ConVactor is an individual, It is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
. . . l/08/98 Contract No. . FAC98-3 Page 35 of 55 Pages
Ma+,-16-98 lo:37 Gel
. 7 ,
rC BOND NUMBER: 73099
-. Executed by CONTRACTOR this 12
day of MAY -u.- --' 1998 I
CONTRACTOR:
C
(name of Contractor)
By:
(print name here)
< l%afA- le o&4-f
le afld Organization of Signatory)*
/ /,/A AAt c-h/Y? nmi
(print name here)
P.03
.
Executed by SURETY th:s 2oTEI day of
MAY ,19x.
SURETY:
AMERICAN coNTRAcToRs INDEMNITY COMPANY
(name of Surety)
1081 CAMINO DEL RIO SOUTH #107
SANDIEGO. CA p2LoR (address of Surety)
(619)297-J900
re of Attorney-in-Fact)
CpNTHIlA J. V TNFACT (printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.) I
h.b Sk4 @&i&f +- <sp,Lbf&Qt.
@tie ar\d Orgahzatlon of signatory) v
(Proper notarial acknowledge of execution by CONTRACTOR and SURErY rnusl be al&hod.)
(P&dent or vice-president and secretary or assistant secretary must sign for corporattons. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering thet officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R, BALL
City Attorney
By:
JANE
,
bspu# City Attorney
Contract No. FACN-3 Page 36 of 55 Pages
. .
c
. . . . A. :. . . .: I I
‘. American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INbEMNITy COMPANY, a California Corporation
@he “Company”), and having its principal offi? in Los Angeles, California does hereby constitute and appoint:
Cynthia 3.. I .Barnett
as iti me and lawful Attorney(s)-in-fact, in amount of $ unlimited , to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be dowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDlNNITY COh4F’ANY, as fully and amply, to all
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
this Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority if resolutions adopted by the Board of Directors of AMERICAN coNTR4crORS INDEMNlTY COMPANY, at a meeting called and held on the 6th day of December, 19!30.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or AG&.ant Secretary,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, -..
2. To remove, at any time, any such Attorney-h-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attomey or
\y certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
,aaJl be valid and binding’upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to whitih it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRA(X02~t~=
corporate seal to be affixed by its author&d officer this
STm OF CALIFORNIA
COUNTY OF LOS ANGELES
on March 26, 1997 before me, Deborah Reese personally appeared An& Faust
personally known to me to be the person whose name is subscribed to the with& instrument and acknowledged to me that he executed the same in his author&d capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
COMPANY do hereby certify that I have coqared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
set forth in said Power of Attorney, with the ORIGINALS ON F&E IN THE HOME OFFICE OF SAID COMPANY, and that me are GOITS% transcripts thereof and of the whole of the said origina& and that the said Power of Attomey has not &n revoked and is now h full
forceandeffect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 20th day of MAY ,19 98 .
(j&w&K- n s _ slid tdf Asst:,&cretarY
.-
.
CiiIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5so7
State of CALIFQRNIA
County of
On MAY 20, 1998 before me, SEERYL SMITJ3,NOTARYPUBLIC ,
DATE
personally appeared
NAME. TITLE OF OFFICER - E.G., *JANE DOE. NOTARY PUSLIC”
CY-NTHUJ. BARNETT ,
NAME(S) OF SIGNER(S) .
@! personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITYCLAIMEDBYSIGNER DESCRIPTIDNDFATTACHED DOCUMENT
[7 INDIVIDUAL q CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) q LIMITED
0 GENERAL
g ATTORNEY-IN-FACT NUMBER OF PAGES
u TRUSTEE(S)
g G;UA;lAN/CONSERVATOR
0 :
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAMEOFFZRSON(S)ORENTIM(IES)
AMERICAN CONTRACTOR INDEKNITY
COMPANY SIGNER(S) OTHER THAN NAMED ABOVE
0lQQ3 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184. Cano~a Park, CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
/’ 4 1
On AY I 9 ,
DATE /
\ 99X before me, 7 ! r&c I fy!OT t , NAME. TITLE OF OFFICER - E./X! “JANE DOE. NOTARY PUBLIC
personally appeared *r m-usi /v1 c ,
K
NAME(S) OF SIGNER(S)
personally known to me - OR - a proved to me on the basis of satisfactory evidence
to be the person($) whose name(qare
subscribed to the within instrument and ac-
knowledged to me that@he/they executed
the same in his her/their
9
authorized
capacity(w, an that by his/her/their
(2 signature(s) on the instrument t e person@),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
I
A. \. ppbuo~
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
K INDIVIDUAL
CORPORATE OFFICER
T-(S)
DESCRIPTION OF ATTACHED DOCUMENT
G-1 kc-j--- :qJ).-& \ c b/i&7 .
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
17 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: Mq lz, /v8
DAlk OF DdCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION l 6236 Aemmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164
CITY OF CARLSBAD
.- Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to City of Carlsbad as 2 part of the bid package.
REPRESENTATIONS: Mark all applicable blanks.
This offeror represents as part of this offer that the
ownership, operation and control of the business, in accordance with the specific definitions listed below is:
DEFINITIONS:
I” MINORITY BUSINESS ENTERPRISE: “Minority Business” is defined as a business, at least 51
percent of which is owned, operated and controlled by minority 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 (i.e. American Indian, Eskimos,
Aleuts and Native Hawaiians), and Asian-Pacific
Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea,
Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
Are you currently certified by CALTRANS?
YES- - NO x
Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATION(S):
Mark all applicable blanks. This offeror represents as a part of this offer that:
This firm is-, is notz a minority business.
This firm is-, is not2 a woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned busi-
ness is a business of which at least 51 percent is
owned, controlled and operated by a woman or women.
Controlled is defined as exercising the power.to make policy decisions. Operation is defined as’ actually
involved in the day-to-day management.
FIRM’S PRIMARY PRODUCTS OR SERVICE:
CONCRETE FLATWORK,REMODELS
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S): B-l
LICENSE NUMBER: 362023
TAXPAYERS I.D. NO. 95-3174501
CERTIFICATION: The information furnished is certified to be factual and
GRETLER CONSTRUCTION,INC
COMPANY NAME 1180 INDUSTRIAL BLVD.
ADDRESS CHULA VISTA,CA 91911
CITY, STATE AND ZIP 619-429-l 048 TELEPHONE NUMBER
correct as of the date submitted.
WILLIAM GRETLER
PRINTED NAME
MAY 12,1998 - -.-.---.-- DATE
“f-
l/08/98 Contract No. FAC98-3 Page 37 of 55 Pages
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and
“Contractor” and
whose address is hereinafter called
whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
.-
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Kruger House ADA Improvements - Contract No.
FAC98-3 in the amount of dated (hereinafter
referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor deposits the
securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days
of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of
the escrow agent in connection with the handling of retentions under these sections in an amount
not less than $100,000 per contract. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the
name of the , and shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit, of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
1 I08198 Contract No. FAC98-3 Page 38 of 55 Pages
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
Name
Signature
Address
For Contractor: Title PROJECT SUPERVISOR
Name RANDY GRETLER
Signature
Address 1180 INDUSTRIAL BLVD.
For Escrow Agent:
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title
Name
l/08/98 Contract No. FAC98-3 Page 39 of 55 Pages
Signature
Address
For Contractor: Title PROJECT SUPERVISOR
Name RANDY GRETLER
Signature
Address 1180 INDUSTRIAJ, RLVI-I
For Escrow Agent:
Name
Signature
Address
l/08/98 Contract No. FAC98-3 Page 40 of 55 Pages
SPECIAL PROVISIONS
FOR
KRUGER HOUSE ADA IMPROVEMENTS
CONTRACT NO. FAC98-3
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-l TERMS
Add the following section:
l-1 .l 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.
r Add the following section:
l-1.2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to
mean “as required to properly complete the work as required and as approved by the Engineer,”
unless stated otherwise.
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression
“in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”,
“acceptance”, or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
l/08/98 Contract No. FAC98-3 Page 41 of 55 Pages
?---- City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector-the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Facilities Superintendent of the City of Carlsbad or his/her approved
representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization; the Agency
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the priine contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
1 iO8f98 Contract No. FAC98-3 Page 42 of 55 Pages
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph
having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular
570.
Modify Paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall
extend in full force and effect and be retained by the Agency during this project until they are
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The payment bond shall be released six months plus 30 days after recordation of the Notice of
Completion if all claims have been paid.
F--
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPW’C), 1994 Edition. and the 1995 and 1996
suoolements thereto, hereinafter designated “SSPWC”, as issued by the Southern California
Chapter of the American Public Works Association, and as amended by the Special Provisions
section of this contract.
The construction plans consist of 1 set of drawings. The set is designated as City of Carlsbad
Drawing No. FAC98-3 and consists of 5 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as
issued by the San Diego County Department of Public Works, together with the City of Carlsbad
Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed
as an appendix to these Special Provisions,
J-
2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop
Drawings shall bear the Contractor’s certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents.
The Contractor shall subscribe to and shall place the following certification on all submittals:
1 IO8198 Contract No. FAC98-3 Page 43 of 55 Pages
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
f- to be incorporated into this Project, is in compliance with the Contract Documents, can be installed
in the allocated spaces, and is submitted for approval.
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built”
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer upon completion of the work.
Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records, The Contractor shall provide copies of all records in the
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff. At any time during normal business hours and as often as the Engineer may
deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer
for examination, all of its records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records,
and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor shall maintain such data and records for as long as may be required by applicable laws
and regulations.
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
,-
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the
total cost of such item based on the original quantity and Contract Unit Price. Adjustments in
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra
Work.
Contract No. FAC98-3 Page 44 of 55 Pages
./- 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any, The labor rates published therein are not a part of this
contract.
3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and
replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs
and shall constitute the markup for all overhead and profits:
1) Labor . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
.F-
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph
five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a
change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall
have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-
7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or
errors of computation as to contract quantities. The written notice of potential claim for changed
conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the
time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure
to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The .Contractor shall provide the City ‘with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
,- The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-I 2655.
Contract No. FAC98-3 Page 45 of 55 Pages
7 “The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-I 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a
waiver of all claims in connection therewith.
r
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor
shall attempt to resolve all disputes informally through the following dispute resolution chain of
command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor’s report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which he may proceed under the provisions of the Public
Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set-forth below:
1 I08198 Contract No. FAC98-3 Page 46 of 55 Pages
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
r 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
P
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of. receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute. .’
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Sectiqn 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
Contract No. FAC98-3 Page 47 of 55 Pages
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
/-
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)( 1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lO) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I 1 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
.- 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and
Contract No. FAC98-3 Page 48 of 55 Pages
-
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1
this Contract.
4-1.4 Test of Materials, add the following: 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 Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by him
before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that
sources of supply that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved material from
other approved sources. If any product proves unacceptable after improper storage, handling or for
any other reason it shall be rejected, not incorporated into the work and shall be removed from the
project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor. ,.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the
substitution is determined to be unsatisfactory in performance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall
remove the substituted item and replace it with the originally specified item at no cost to the
Agency.
SECTION 5 -- UTILITIES
5-l LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by
the failure of other parties to relocate utilities that interfere with the construction, the Contractor,
upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by
the utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless othewise directed by the Engineer.
l/O8198 Contract No. FAC98-3 Page 49 of 55 Pages
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l
and substitute the following: The Contractor shall begin work within 2 calendar days after receipt
of the “Notice to Proceed”. The project must be scheduled to start no earlier than
June 6, 1998 and be completed no later than July 15, 1998 to avoid conflict with pre-school
program.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
f-
Add the following section:
6-2.1 Order of Work. 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. The work includes various facility alterations
to comply with required ADA Improvements. Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
notice to the Engineer within two hours of the beginning of any period that the Contractor has placed
any workers or equipment on standby for any reason that the Contractor has determined to be
caused by the Agency or by any organization that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Engineer, each working day,
throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by
reasonable means. Should the Contractor fail to provide the notice(s) required by this section the
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor..
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion within 40 working days after the starting date specified in the Notice to Proceed.
S--
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer,
the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or
Contract No. FAC98-3 Page 50 of 55 Pages
F-
holidays. This written permission must be obtained at least 48 hours prior to such work The
Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The
Contractor shall pay the inspection costs of such work.
No work shall be performed by the contractor after the normal working hours stated above. The
Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one
(1) year after recordation of a “Notice of Completion” and any faulty work or materials discovered
during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-
five percent of the faithful performance bond shall be retained as a warranty bond for the one year
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence
of the second paragraph and add the following: For each consecutive calendar day in excess of
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall
pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00) ,.
<-
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that
have a rating in Bests Key Rating Guide of at least A-:V and are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California.
7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be
placed with insurers that are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
Policies issued by the State Compensation Fund meet the requirement for workers’ compensation
insurance.
7-5 PERMITS. Modify the first sentence to read: Except as specified herein 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 Agency property, in streets, highways (except State
highway right-of-way), railways or other rights-of-way, Contractor shall not begin work until all
permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for
the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
r- 7-8 PROJECT SITE MAINTENANCE.
l/08/98 Contract No. FAC98-3 Page 51 of 55 Pages
- 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
SECTION 9 -- MEASUREMENT & PAYMENT
9-3 PAYMENT.
/c-
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each month, the
Engineer will make an approximate measurement of the work performed to the closure date as
basis for making monthly progress payments. The estimated value will be based on contract unit
prices, completed change order work and as provided for in Section 9-2 of the Standard
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall
complete the detailed progress pay estimate and submit it to the Contractor for his information.
Should the Contractor assert that additional payment is due, the Contractor shall within ten (10)
days of receipt of the progress estimate, submit a supplemental payment request to the Engineer
with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt,
determine whether the supplemental payment request is a proper payment request. If the
Engineer determines that the supplemental payment request is not proper, then the request shall
be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt.
The returned request shall be accompanied by a document setting forth in writing the reasons why
the supplemental payment request was not proper. In conformance with Public Contract Code
Section 20104.50, the City shall make payments within thirty (30) days after receipt of an
undisputed and properly submitted supplemental payment request from the Contractor. If payment
of the undisputed supplemental payment request is not made within thirty (30) days after receipt by
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth
in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
l/08/98 Contract No. FAC98-3 Page 52 of 55 Pages
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall retain 10 percent of such estimated value of the work done and 10 percent of the value of materials
so estimated to have been furnished and delivered and unused or furnished and stored as
aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any
time after 20 percent of the work has been completed, if the Engineer finds that satisfactory
progress is being made, the Agency may reduce the total amount being retained from payment
pursuant to the above requirements to 5 percent of the total estimated value of said work and
materials and may also reduce the amount retained from any of the remaining partial payments to
5 percent of the estimated value of such work and materials. In addition, on any partial payment
made after 95 percent of the work has been completed, the Agency may reduce the amount
withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other
requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such
reduction will only be made upon the written request of the Contractor and shall be approved in
writing by the surety on the Performance Bond and by the surety on the Payment Bond. The
approval of the surety shall be submitted to the Engineer; the signature of the person executing the
approval for the surety shall be properly acknowledged and the power of attorney authorizing him
to give such consent must either accompany the document or be on file with the Agency.
,r
9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, the
Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate
will be in writing and shall be for the total amount owed the Contractor as determined by the
Engineer and shall be itemized by the contract bid item and change order item with quantities and
payment amounts and shall show all deductions &made or to be made for prior payments and
amounts to be deducted under provisions of the contract. All prior estimates and progress payments
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within
the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
,-
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the
Agency within 30 calendar days of receipt of Final Payment for all claims for’the entire project. No
claim will be considered that was not included in this written statement, nor will any claim be allowed
for which written notice or protest is required under any provision of this contract including sections
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Contract No. FAC98-3 Page 53 of 55 Pages
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statement or
further information, whichever is longer, for those claims approved by the Engineer. The Contractor
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will be included in the progress estimate.
1 I08198 Contract No. FAC98-3 Page 54 of 55 Pages
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 2
CONSTRUCTION PLAN FAC98-3
l/08/98 Contract No. FAC98-3 Page 55 of 55 Pages