HomeMy WebLinkAboutJaypro Sports Inc; 2005-12-19; FAC 05-08tf.
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RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DGC# 2006-0118581
FEB17, 2006 422PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 FlY J. S MIT H CO U N TY R E Cfl R D E R
FEES 000
PAGES: 1
Space above this line for Recorder's use.
PARCEL NO: 2230606100
NOTICE OF COMPLETION
Notice is hereby given that:
1 . The undersigned is owner of the 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 or improvement on the property hereinafter described was completed on January 31 , 2006.
6. The name of the contractor for such work or improvement is Unified Sports Inc. dba Jaypro.
7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San
Diego, State of California, and is described as follows: Stagecoach Gym Basketball Equipment
Replacement, Contract Number PWS 06-09 FAC.
8. The street address of said property is 3420 Camino de los Coches.
CITY OF CARLSBAD
Greg Clavier
Public Works Manager
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on F^ofv^aj^v \H 20e<o . accepted the above
described 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 ^^i^^f-. 20^ , at Carlsbad, California.
CITY OF G
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for Stagecoach Gym Basketball
Equipment Replacement, Contract No. PWS 06-09 FAC, and has requested that the City of
Carlsbad accept the public improvements. City forces have inspected the public improvements
and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Installation new motorized basketball backstops (4). $27,592.00
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
3. 2 o*t
Glenn Pruim, Public Works Director Date
CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above-described public improvements is deemed complete and hereby
accepted. The City Clerk is hereby authorized to record the Notice of Completion and release
the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above-described
improvements.
, . ,
\r RAYMOND R. PATCHETT, City Manager Date
APPROVED AS TO FORM:
Ronald R. BalL City/ktromey
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR r
STAGECOACH GYM
BASKETBALL EQUIPMENT
REPLACEMENT
CONTRACT NO. FAC 05-08
BID NO. PWSO6-09FAC
...
- I tern
TABLE OF CONTENTS
SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Pane
Notice Inviting Bids .....................................................................................................................
Contractor's Proposal .................................................................................................................
Bid Security Form .......................................................................................................................
Bidder's Bond To Accompany Proposal .....................................................................................
Guide For Completing The "Designation Of Subcontractors" Form ...........................................
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................
Bidder's Statement Of Financial Responsibility ..........................................................................
Bidder's Statement Of Techhical Ability And Experience.. ..........................................................
Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive
Liability And Workers' Compensation .........................................................................................
-
Bidder's Statement Of Re Debarment ........................................................................................
Bidder's Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works ...............................................................................................................
Labor And Materials Bond .........................................................................................................
Faithful PerformanceNVarranty Bond .........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention .....................................
5
9
13
14
16
18
19
20
21
22
23
25
26
32
34
36
. SUPPLEMENTAL PROVISIONS
Part 1
Section I
1-1
1 -2
1-3
Section 2
2-3
2-4
2-5
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4- 1
4-2
,- Section 5
5- 1
5-4
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
Section 8
8-2
Section 9
9-1
9-3
cc
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ................................................................................................................. Definitions ..........................................................................................................
Abbreviations .....................................................................................................
Scope And Control Of The Work
Subcontracts .......................................................................................................
Contract Bonds .............. .....................................................................................
Authority Of Board And Engineer .......................................................................
Plans And Specifications ....................................................................................
Changes In Work
Changes Initiated by the Agency ........................................................................
Extra Work .........................................................................................................
Changed Conditions ........................................................................................... Disputed Work ............................................ ._ .....................................................
Control Of Materials
Materials And Workmanship ....................................................... ._. ..................... Materials Transportation. Handling and Storage .............................. ._. ................
Utilities Location ..............................................................................................................
Relocation ..........................................................................................................
Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work .......................................
Prosecution Of Work ...........................................................................................
Delays And Extensions Of Time .........................................................................
Time of Completion .............................................................................................
Completion And Acceptance ..............................................................................
Liquidated Damages ...........................................................................................
Responsibilities Of The Contractor
Liability Insurance ............................................................................................... Workers’ Compensation Insurance .............. - .....................................................
Permits ...............................................................................................................
Cooperation and Collateral Work .......................................................................
Project Site Maintenance .................................................................................... Public Convenience And Safety .........................................................................
Facilities For Agency Personnel Field Office Facilities ...........................................................................................
Measurement and Payment Measurement Of Quantities For Unit Price Work ............................................... Payment .............................................................................................................
39
39
40
41
41
42
43
44
44
45
45
48
49
49
49
49
50
50
51
51
51
52
52
52
52
52
53
53
53
53
Part 2 Special Construction Provisions and Technical Specifications ........................... 56
Revised 10/08/0R Contract Nn FAC 05-08 Pane A nf 68 Pnnpc
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO D.m. on October 4, 2005, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery
service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read,
for performing the work as follows: Remove and replace four (4) basketball goals and associated hardware
with adjustable height goals as detailed in this Contract.
CONTRACT NO. FAC 05-08 STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
BID NO. PWSOG-OSFAC
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable
offer that shall remain valid and in full force for a period of 90 days and such additional time as may be
mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the City
Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard SDecifications for Public Works Construction, 2003 Edition, and the 2005 cumulative
supDlements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the
American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. ic
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 retentions under this section in an amount not less than $100,000 per contract.
The documents which comprise the Bidder's proposal and that must be completed and properly executed
including notarization where indicated are:
ew ts Revised 10/08/03 Contract No. FACO5-08 Page 5 of 68 Pages
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1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit
4. Designation of Subcontractors and Amount of Subcontractor Bid
5. Bidder's Statement of Financial
Responsibility
6. Bidder's Statement of Technical Ability and
Experience
7. Acknowledgement of Addendum(a)
8. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by
the Bidder prior to award of this contract.
9. Bidder's Statement Re Debarment
10. Bidder's Disclosure Of Discipline Record
11. 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 $40,000.00.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor
pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by
the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure
of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor
shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their
license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to
bid does not involve federal funds. The following classifications are acceptable for this contract:
CLASSIFICATIONS FOR CONTRACTORS ARE: D-34 Prefabricated Equipment.
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, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of
the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable
fee of 5 20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added.
/--
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications
or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may
submit to the Engineer a written request for clarification or correction. Any response will be made only by a
written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract
documents will be given by any agent, employee or contractor of the City of Carlsbad except as
hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor
of the City of Carlsbad except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be
those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1
of the Labor Code. Pursuant to section 1773.2 of the Labor Code, 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. - p,s Revised 10/08/03 Contract No. FACO5-08 Page 6 of 68 Pages
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
41 07.5.
,- -
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and
figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension
shall be calculated and the bids will be computed as indicated above and compared on the basis of the
corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in
with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding.
Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (1 00%) of the Contract price on this project. The Contractor shall provide bonds
to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (1 00%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
IC
($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in full
force and effect and be retained by the City until they are released as stated in the Supplemental Provisions
section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal
to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1)
An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument
entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of
authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly
statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of
Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a
request to submit the statements.
Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at
least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:l) Meet the conditions stated above for all insurance companies.2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner.
,,,-
e* %# Revised 10/08/03 Contract No. FAC05-08 Page 7 of 68 Pages
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.
F-
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.
ISABELLE PAULSEN, CMC
Deputy Clerk
DATED: August IO, 2005
'3 Revised 10/08/03 Contract No. FAC05-08 Page 8 of 68 Pages
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F I
CITY OF CARLSBAD
CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
CONTRACTOR’S PROPOSAL OPENED, WITNESSED AND REC RDE : 9P
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. CONTRACT NO. FAC 05-08 STAGECOACH GYM
BASKETBALL EQUIPMENT REPLACEMENT in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit:
SCHEDULE “A” REMOVE AND REPLACE GYMNASIUM EQUIPMENT
Item - No. DescriDtion
Approximate
Quantity Unit
and Unit Price Total
A-I Remove and Replace LS
Gymnasium Equipment
s+& I, Sq.&oo
Dollars (Lump Sum)
Total amount of bid in numbers for Schedule “A: $ $?- 7,5qa.00
The basis of award will be the sum of Schedule “A’.
In the event of a discrepancy in bid items or totals, the correctly extended unit price shall garern.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). /do-
proposal.
hadhave been received and islare included in this
The Undersigned has carefully checked all of the above figures and understands that the City will not
Revised 10/08/03 Contract No. FAC 05!B Page 9 of 68 Pacles
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 th, ca acit f a contractor within the State of C lifornia, validly licensed under
license mber 43Pbd6 , classification cbljD3Y which expires on , and that this statement is true and correct and has the legal effect of
an affidavit.
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t 13 13Uol.
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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 § 201 04.
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 respeds fair and without collusion or fraud.
Accompanying this proposal is Bi A B cd (Cash, Certified Check,-
Cashier's Check) for ten percent (10%) of tks amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions. E
I em %# Revised 10/08/03 Contract No. FAC 05-08 Page 10 of 68 Pages
IF A SOLE OWNER OR SOLE CONTRAC
(1) Name under which business is conducted
(2) Signature (given and sur
(3) Place of Business
(Street and Number)
/ IF A PARTNERSHIP, SIGN HERE
Name under which business is conducted /
Signature (given and surname and c rtner) (Note: Signature must be made by a general partner)
(Street and Number)
Zip Telephone No.
4% %# Revised 10/08/03 Contract No. FAC 05-08 Page 11 of 68 Pages
IF A CORPORATION, SIGN HERE
(1) Name under which business is conducted 1 - )!-)
L 1 L523f% 0rtA-h-W-Q
' (Title)
Impress Corporate Seal here
Incorporated under the laws of the State of c L?!me C%C I &
Place of Business Qxo +rr* & \,,tnAh - e
(Street and Number)
I- City and State h9 wer%\ Ctl- , C h
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:
I
tp Revised 10/08/03 Contract No. FAC 05-08 Page 12 of 68 Pages
Robert Ferrara , President
Michael Ferrara, VP of Finance
Cindy H%ll, 'Secretary
c
Jaypro Sports, LLC
976 Hartford Turnpike
Waterford, CT 06385
Phone: 860-447-3001
w.jaypro.com
Fa: 860-444- 1779
License Detail Page 1 of2
CALIFORNIA C-ONTRACTORS. STATE LICEN License Detail
Contractor License ## 831 688
DISC LA1 M E R
A license status check provides information taken from the CSLB license data base. Before
on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc
complaint disclosure, a link for complaint disclosure will appear below. Click on the lin
button to obtain complaint and/or legal action information.
Per B&P 7071.17, only construction related civil judgments reported to the CSLB are
disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of the
arbitration.
Due to workload, there may be relevant information that has not yet been entered ont
Board's license data base.
Extract Date: 10/04/2005
* * * Business Information * * *
UNIFIED SPORTS INCORPORATED
dba JAYPRO SPORTS
976 HARTFORD TURNPIKE
WATERFORD, CT 06385
Business Phone Number: (800) 243-0533
Entity: Corporation
Issue Date: 01/30/2004 Expire Date: 01/31/2006
* * * License Status * * *
rhis license is current and active. All information below should be reviewed.
* * * Classifications * * *
Class I Description
D34 PREFABRICATED EQUIPMENT
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 493940 in the ami
http ://www2. cslb. ca. gov/C SLB-LIBRARY/License+Detail. asp 10/04/2005
License Detail Page 2 of 2
~~ License !umber Request
$10,000 with the bonding company
SURETY COMPANY OF THE PACIFIC.
Effective Date: 01/14/2004
Contractor _Name Request Personnel Name - - Request
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) MI(
JOSEPH FERRARA certified that he/she owns 10 percent or more of the voting stocklequi
corporation. A bond of qualifying individual is not required.
Effective Date: 01/30/2004
Salesperson Reguse
* * * Workers Compensation Information * * *
Salesperso-n Name Request
This license has no California employees. Any employees they have are covered by out c
ins u ran ce .
Effective Date: 01/14/2004 Expire Date: None
Personnel Lial
Q 2005 State of California. Conditions of Use Privacy Policy
10/04/2005
NOT TRANSFERABLE
BUS. NUMBER
1 221 31 3
'- 3ATE ISSUED 11/15/2005
SIC CODE 17
OWNER FIRM OR
CORPORATION NAME
BUSINESS NAME
MAILING ADDRESS
CITY AND STATE
CITY OF CARLSBAD
BUSINESS REGISTRATION CERTIFICATE
POST IN CONSPICUOUS PLACE KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
DATE ISSUED
1 1 /I 512005
08.070SUB $60.00
The pason Irm o. c~pw1011 Mmsd wow IS ganled ihi busms sarfifrda pu~wn lo the pmwm d lhe Uly Bymess L- OId~namr lo engags on carry on o. WMWI the busilm lrads calliw pofewn exhlbllwn or ocarprlon dspsrlbsd Mow IIIU~~CS of lhe &d-Ie &I mi an andonsma* rru
cMifrlYwn of mmpriancs Wilh ollm adinam 01 I- Th11 P~M I id Wr(h0ul mlmlan lhal Ihe briar Is rutqscl lo u examp fmm I-mg by Ihe Sale d CBlifuma
BUSINESS LOCATION
976 HANFORD TPKE
SIC DESCRIPTION Construction-Special Trade Contractors EXPIRATION DATE
UNIFIED SPORTS
JAYPRO BALANCE
TAXES PAID IN ACCORDANCE WITH CrrY BUSINESS TAX ORDINANCE PO BOX 400
WATERFORD. CT 06385-0400
CITY OF CARLSBAD
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. FAC 05-08 a STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
(NOTE: The following form shall be used if check accompanies bid.) - p3-t osb
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The poceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
43 Revised 10/08/03 Contract No. FAC 05-08 Page 13 of 68 Pages
.. . - ,'
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
Thatwe, Jaypro Sports, LLC 7 as Surety are held and firmly bound unt6 the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) five thousand dollars 10% for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
Travelers Casualty and Surety
, as Principal, and Company of America
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for: CONTRACT NO. FAC 05-08 STAGECOACH GYM BASKETBALL
EQUIPMENT REPLACEMENT
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
... ... ... ... ... ... ... ...
i . . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this ab day of 5 toh-k ,200ST
PRINCIPAL:
(sign here)
(print name here)
(Title an?fOrganizatjon of Signatory)
vU<LLcA~ FsCrnr \
u Pc.M) F!-JW4-t TNs-~ LAV
By:
(sign here)
Executed by SURETY this 27 day
of September ,2005 .
SURETY:
Travelers Casualty and Surety
Cornpan y of America
(name of Surety)
300 Windsor St Hartford, CT 06120
(address of Surety)
860-277-4003
(telephone number of Surety)
By:
LflCLICJ H. I V7r1 czv (printed fiame of Attorneyin-Fhct)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bird the corporation.)
~lty/COUntyOf weLC, Lonc\in State of Connecticut Subscrlbed and sworn to befm me
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Depdty City Attornby 1
43 Revised 10/08/03 Contract No. FAC 05-08 Page 15 of 68 Pages
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
- POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Carlos B. Cook, 111, Robert Guenther, Justin Cook, Georgia Tracey, of Uncasville,
Connecticut, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by hisher sole signature and act, any and all bonds,
recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking
and any and all consents incident thereto not exceeding the sum of FIVE HUNDRFD THOUSAND ($500,000.00) DOLLARSper bond
and to bind the Companies, thereby as filly and to the same extent as if the same were signed by the duly authorized officers of the
Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in fill force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
writing and a copy thereof is filed in the office of the Secretary.
OTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or @) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
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VOTED That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature 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.
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(1 1-00 S limits)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of January, 2004.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
BY George W. Thompson
Senior Vice President
On this 21st day of January, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affaed to the said instrument are such corporate seals; and that helshe executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
-.4 My commission expires June 30,2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in 111 force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this ,977 7H day of S€IgtW - ? 2005.
Kori M. Johanson Assistant Secretary, Bond
.. ..
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IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAG E
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$1 00,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC (“Greenbook“) and in the Supplemental
Provisions to this Contract, especially, “Bid”, “Bidder“, “Contract”, “Contractor”, “Contract Price”,
“Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the
Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other
than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the “Contractor’s Proposal’’ are not included in computing
the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to provide complete and correct information mav result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate
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When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final.
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% Revised 10/08/03 Contract No. FAC 05-08 Page 16 of 68 Pages
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of fcrm so duplicated.
I
(3 Revised 10/08/03 Contract No. FAC 05-08 Page 17 of 68 Pages
k- DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
The Bidder certifies that it has used the subbid of the following listed subcontractors in pleparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or
offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except uponthe prior approval of the Agency.
SUBCONTRACTOR'S BID ITEMS
Location of Business
Subcontractor
Subcontractor's License No.* xL3\ b%% - 3~y pm
Page / of / pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." .
43 Revised 10/08/03 Contract No. FAC 05-08 Page 18 of 68 Pages
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BIDDERS STATEMENT OF FINANCIAL
(To Accompany Proposal)
CONTRACT NO. FAC 05-08
RESPONSIBILITY
STAGECOACH GYM BASKETBALL EQUIPMENT REPLKEMENT .qh p~\
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
{g Revised 10/08/03 Contract No. FAC 05-08 Page 19 of 68 Pages
UNIFIED SPORTS, INCORPORATED, JAYPRO SPORTS, LLC, MYSTIC LEASING, LLC AND JAYFRO CORPORATION
FINANCIAL STATEMENTS
March 31, 2005 and 2004
R. J. CARABETTA & COMPANY, P.C.
CCRllrlCD PUBLIC ACCOUNTANTS
35PLCASANTSTRECT
MERIDCN. CONNCCTICUT 06450
To the Partners and Stockholders of Unified Sports, Incorporated, Jaypro Sports, W, Mystic
Leasing, LK and JayFro Corporation Waterford, CT 06385
We have carpiled the ac- mined balance sheets of Unified
Sprts, Incorporated, JayPro Sports, LLC, Mystic Leasing, IJ;c and JayE'ro Corporation as of March 31, 2005 and 2004 and the related ccmbined statemnts of hccm and partners' capital and retained e-s for the twelve mnths then ended, in accordance with Staterents on Standards for Accounting and Review Services issued by the mican Institute of Certified Public Accountants.
A ccpnpilation is limited to present- h the form of financial statenrtnts informtion that is the representation of the owners. We have not audited or reviewed the acccmpnyhg cathined financial statenrtnts and, accordingly, do not qress an opinion or any other form of assurance on them.
The owners have elected to omit substantially all of the disclosures
and the staterrent of cash flows required by generally accepted accountbg principles. If the anitted disclosures and staterrent of cash flows were included in the financial statenrtnts, they miat influence the user's
conclusions atout the Ccqanies' financl'al position and reats of operations. Accordingly, these financial staterents are not designed for those who are not info& about such matters.
July 29, 2005
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CURRENT Assm: Cash Accounts receivable Prepaid apnses Inventories
Total current assets
FIXEDASSEZ3, at cost
IRSS, acdated depreciation Net fixed assets
OTHER AssErs: Due fmn related parties Security deposits Total other assets
Total assets
ASSETS
LIABILITIES AND EQUITY
<--
CURRENT LrnILlITIEs: Current maturities of long-term debt Accounts payable, trade Accrued taxes and Ves Total current liabilities
LmlG-m LIABILITIES: --term debt, less current portion
Total liabilities
EQUITY: Partners' capital Stockholder's equity:
Cmmn stock, no par value,
5,000 shares authorized,
100 shares outstanding Retained earnings Total stcx&holder's equity Total equity
Total liabilities and stockholder's equity
2005 2004
$ 294,451 $ 120,551
2,735,309 2,261,919
106,374 45,569
1,962,507 1,422,043
5,098,641 3,850,082
1,031,397 984,046
756,639 659,226
274,758 324, a20
596,350 579,500
25,237 20,237
621,587 599,737
$5,994,986 $4,774,639
$ 440,895 $ 262,900
1,607,522 811,483
476,718 427,768
2 , 525 , 135 1,502 , 151
411,636 680,003
2,936,771 2,182,154
483,619 ( 1,022,822 )
136 , 500 136 , 500
2,574,596 3,615,307
2,438,096 3,478,807
3,058,215 2,592,485
See selected information and accountants' report.
-2- R. J. CARABETTA & COMPANY, P.C.
NETSALES
COST OF SALES
Gross profit
mcme fm contjnujng operations
CYrHER- (-1:
Interest expense
Miscellaneous and service charye incom
Total other incm (apeme)
Incare before pravision for taxes
Net incane
partners' capital and
retained earnings - April 1,
Partners distribution
partners' capital and retained earnings - March 31,
2005 2004
$ 14,948 $ 12,722
11,164 9,462
3 , 784 3,260
3,370 3,020
4 14 240
( 39) ( 40)
360 381
321 341
735 581
24 27
711 554
2,238 2 , 456
$ 2,456 2,922 $
see selected infomtion and accountants' report.
-3- R. J. CARABETTA & COMPANY. P.C.
..- UNIFIED SPORTS, w, JAYPRO SPORTS, LIIX], MYSTIC
LlEnsm, m AND JPLYFRO aRFomoN
SELEIEO mI?MATIm - Substantially all Disclosures Required by Generally Accepted Accounting Principles are not included March 31, 2005 and 2004
NOTE A - SUMMAFtY OF SIGAIFICANT AOXXWTING POLICIES:
orqanization: Unified sports, Incorporated is engaged in the business of manufacturing and installing institutional sprtitq goods and equiprat, wfiich are sold exclusively through JayPro Sports, UC. JayFro Corporation is an inactive wholly~owned subsidiq of
Unified sports, Incorporated which was dissolved as of March 31,
2005. JayPro Sports, IU is ergaged h the business of sell- and rrrarketing institutional sporting goods and equiprent. Mystic I~asirag, Lzlc owns various nmufacturing and off ice equipent , which
is leased exclusively to Unified Sports, Incorporated and Jaypro
sports, LLC. The principal market for the Campanies is throughout the United States.
Principles of Canbination:
The combined financial statemts include the accounts of unified
sports, Incorporated, Jaypro Sports, LLC, Mystic Leasing, LLC and Jay- Corporation. The cmpanies are relatedby Virtue of ccprm~n ownership. All intercompany balances and transactions have been eliminated in the cmibined financial statmts. ~ach cmpny1s transactions have been presented for the twelve mnths ended March
31, 2005 and 2004.
-4 -
R. J. CARAEETTA & COMPANY, P.C.
BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
CONTRACT NO. FAC 05-08
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
, Date Name and Address Name and Phone No.
Contract of the Employer of Person to Contract
Completed
Type of Work
e- %# Revised 10/08/03 Contract No. FAC 05-08 Page 20 of 68 Paaes
Contract
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BIDDERS CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
CONTRACT NO. FAC 05-08
As a required part of the Bidder's proposal the Bidder must attach either of thefollowing to this page.
I) Certificates of insurance showing conformance with the requirements herein for each of: I.
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
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, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in my manner.
ts Revised 10/08/03 Contract No. FAC 05-08 Page 21 of 68 Pages
,---
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ACORQ! CERTIFICATE OF LlABlL
p-- cmp4a 2201 FMI (86O)aM 2207
Curtin Insurance Agcn~y, Inc.
620 Route B32, Box 387
Uro~lllc. (IT 06382 0387
I#PURCD bified Sports Inc
Jemm SPOFtS LLC
P om tOO
Watsrtord r;t 06-5
1 I
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CW382191
N INSURANCE
I
04/1O.f2006
04/10/2(3(26
t
AMXWC! CERTIFICATE OF LIABILITY INSURANCE MEpnruuoM*m) 10/03/2005
I p0ucYNI)IIBw CCI0382145
,-
CLAMSMADE OCCUR
(860)848-2201 FAX (860)848-2207 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW.
Curtin Insurance Agency, 1%.
620 Route f32, Box 387
Uncasville, CT 06382-0387
LOC
AoToBILELlABluTy CCI0382145
I
twwm Unified Sports Inc
Jaypro Sports LLC
Waterford Ct 06385
P OBOX 400
ANY AUTO
ALL OWND AUTOS
SCHEWLED AUTOS
WRED AUTOS
NQKOWNED AUTOS
INSURERS AFFORDlNG COVERAGE NAK #
General Casualty
NSURERB
NSURERC
IrlSURERV
NmmE
OARACEuABlLrlY
ANY AUTO
EXCE-LA LlABlllTy CCUO382145 fl OCCUR CLAWMADE
CERTIFICATE HOLDER CANCELLATION
SHOULOAmOFNABDMDESCRIBBlPWC~ NIBEQLEDBEFORETHE
EXPaUTWNDAE?HEREW,T"OH%URWmLL ENEAVORTOMAlL
_~~DAYS~NOT~CETOTHECERT~F~CATEHO~~TO~LEFT, cc
04/10/2005
Mike Kurnick 1940 Rosewood St LaVerna, CA
W/10/2005
WFMURETO MAlL SUCH NOTICE SHKL
OFANYKIM)WONTHE~ITSAOENTSORREPREBEMArmE8.
NO OBLIGATION ORLW"Y
&s& AUTWWEDREPRESENTATWE
Carlos Cook/GT
W/10/2006
I GMRAL AGGREGATE
BOClLYWY (Per accident)
PROERTY DAMAGE (Per accident)
AUTO ONLY - EA ACCDENT
OnERMAN EAACC
AGG AUTOONLY I
AGGREGATE b
WC STAN OM TORY LlMTS I E.L. EACH ACCIDENT
E.L. DISEASE - EA EWLOYEE
E l,OOo,ooc
E 100,00(
s 10, ooc
$ 1,o0o,ooc
$ 2,000,002
E EXCLu)EE
s 1,OOO,ooO
E
I
s
S
5,000,000
t
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E
F
F
10-03-2005 12:46 MIKE KURNIK 909 869 1955 PFIGE2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD W (2001108)
18-03-2005 12:47 MIKE KURNIK 909 869 1955 PQGF3
.-
10/04/2005 16:Ol FAX 860 444 1779 JAYPRO SPORTS LLC ~001/004
ALLEFFECTlM OATISARE AT 1201 AM PACIFIC STNARD TWE OR THE TIME INDICATED AT PACIFIC STANDARD TIME
TERRORISM RISK INS- ACT ENDORSEMW"
WC 00 04 20
JAYPRO SPORTS, LLC PO BOX 400 WATERFORD CT 06385
1735884-05 REblEtlAtr sc
PAGE 1- 4
DEFINITIONS
TEE IEFINITIONS PROVIDED IN THIS E"R-1 ARE BASm ON THB DWINITIONS IN TRE ACT AND ARE INTENDED TO RAVE TRE
ENDORSE" ARE DEFINED IN THE ACT, TIIE D8FINITIONs TIfE ACT WILL APPLY.
"ACT" "TS THE TERRORIS¶ RISK INSURANCE ACT OF 2002, WHICH TOOK EFFECT ON NOVmER 26, 2002, A#D ANY MEND"T9-
sm IIEANING. IF WORDS OR PHRASES NOT DEFINED IN mrs
"ACT OF TERRORISX" HUNS ANY ACT THAT IS CERTIFIED BY THl? SECRETARY OF THE TREASURY, IN CONCURRENCE WITH THE
SECRETARY OF STATE, AND THE ATTORNEY GENERAL OF THE UNITED
STATES AS XEETING ALL OF TEE FOLLOWXNG REQUIRElIENTS:
A. TEE ACT IS AN ACT OF lguonIsw.
B, TE ACT IS VIOLENT OR MGEROUS TO HUMAN LIFE, PROPERTY OR INFRASTRUCTURE.
c. THE ACT RESULTED IN WGE WITHIN THE UNITED
STATES, OR OUTSIDE OF TEE UNITED STATES IN
CASE OF UNITED STATES HISSIONS OR CERTAIN AIR
CARRIERS OR VESSELS.
CONTINUED
/-- -3l-D ISSUED AT SAN FRANCISCO: MAR- 15, 2005
10/04/2005 16:02 FAX 960 444 1779 JAYPRO SPORTS LLC 002/004
TERRORISM RISK I#SW CE ACT EHDORSESLg#T wc 00 04 a 0 STATE
FUND
COUPRNSATION IN8URANCW
ME ORlCE
AURF€CTlVE DAlElA# AT 1201 AM PIClFlC STAND- TIME OR THE
PACIFIC STANDARD WME
EWOWHWW AGRW
SANFAINolBco EFBBCTWZ APRIL 1, 2005 AT 12.01 A.M.
nw INDICATED AT
1735884-05
RENEWAL sc
JAYPRO SWRTS, btC PO BOX 400 WATERFORD CT 06385
D. THE ACT BAS BEEN COIWITTD BY AN INDIVIDUAL OR
PERSON OR FOREIGN INTEREST, AS PART OF AN EFFORT
TO COERCE THl3 CIVILIAN POPULATION OF THE UNITED
STATES OR TO INFLUENCE THE POLICY OR AFFECT THE
CONDUCT OF THE UNITED STAmS GQVER"T BY
COERCION.
I~IIIDUALS ACTING ON BEHALF OF MY FORE~GN
"1NSURED.TERRORISN OR WAR LOSS" HEANS ANY LOSS RESULTING
FROH AN ACT OF TERRORISM (INCLUDING AN ACT OF Urn, IN TEE
CASE OF WORKERS' COMBNSATION) "HAT IS COVERED BY PRIMARY OR EXCESS PROPERTY AND CASUALTY INSURANCE ISSUED By AN
UNITED STATES HISSIONS OR TO CERTAIN AIR CARRIERS OR
INSURER IF THE LOSS ocms IN THE UNITK~ STAZES OR AT
VESSELS.
"INSURER
A.
B.
DEDUCTIBLE" HEANSr
FOR TEE PERIOD BEGINNING ON XVOVmER 26, 2002 AND
EWDING ON D6C$HBER 31, 2002, AN AXOlMT EQUAL TO OP OUR DIRECT EARNED PRENIW, AS PROVXbEb IN
ACT, OVER THE CALENDAR YEAR IMIEDIAT'ELY PRECEDING
NOVmBII 26, 2002,
FOR THE PERIOD BEGINNKNG ON JANUARY 1, 2003 AND
EWITNG ON DECEMBER 31, 2003, AN MOUNT EQUAL TO 7%
OF OUR DIRECT EARNED PREHIUHS, AS PROVIDED IN THE
CONTINUED
i A.c.~
PRESIDENT 2555
ou, 6, 217
10/04/2005 16:02 FAX 860 444 1779 JAYPRO SPORTS LLC a 003/004
JAYPRO SPORTS, LLC
WATLRFORP Po BOX roo CT 06385
CONTINUED
ACT, OVER THE CALENDAR YEAR IMEDIATELY PRECEpnoC
JANUARY 1, 2003.
C. FOR "5 PERIOD BEGINNING ON JlwrrARY 1, 2004 ENDING ON DECEHBER 31, 2004, AN MOUNT EQUAL TO
10% OF OUR DIRECT EAXNEP PRBnIW, AS PROVIAED IN
THE ACT, OVER THE CALENPAA YEAR IZQIEPIATELY
PRECEDING JANUARY 1, 2004.
D. FOR THE PERIOD BEGINNING ON JANUARY 1, 2005 AND ENDING ON DECEMBER 31, 2005, AN AMOUNT EQUAL TO
15% OF OUR DIRECT EARNED PRNIMS, As PROVXDEb IN
THE ACT, OVER THE CALENDAR YEAR IMEDIATELY
PRECEDING JANUARY 1, ZOOS.
LIMITATION OF LIABILITY
TBE ACT HAY LIMIT OUR LIABILITY TO YOU UNDER THIS POLICY.
IF AlRJuAt AGGREGATE INSURED TERRORISH OR WAR LOSSES OP ALL INSURERS EXCEED $1OO,OW,OOO.~O DURING THE APPICABLE PERIOD PROVIDED IN TEE ACT, AND IF WE HAVE MET OUR INS- DEDUCTIBLE, THE MOUNT UE WILL PAY FOR INSURED TERRORISW OR
WAR LOSSES UNDEIt THIS POLICY WILL BE LIHITED BY THE MI, AS
DETmINED BY THE SECRETARY OF TIE TREASURY.
POL3CYBOLDER DISCLOSURE NOTICE
CONTINUED
COUNVERSIGNID AND ISSUeR AT $AN FMNCISCCk MARCH 15, 2005
2555
OLD 217
i0/04/2005 i~i:o3 FAX 1x0 444 1779 JAVPRO SPORTS LLC a 004/004
JAYPRO SPORTS, LLC PO BOX 400 WATERFORD CT 06385
CONTINUED.
1. INSURED TEBRORISX OR WAR LOSSES WOULD BE PARTIALLY REImmSEb BY THE UNITED STATES e0V-M A
FORHULA ESIABLISHEb BY TEE ACT. THE UNITED STATES GOVERNWENT WOULD PAY 90% OF OUR
INSURED TERRORISH OR WAR 1OSSES EXcEeDXlQc OUR INSURER
DEDUCTIBLE.
UNDER THIS FORMILA,
2. TEE ADDITIONAL. PREnIUH CRARGED FOR THE COVZMGE THIS
POLICY PROVIDES FOR INSURED TERRORISM OR WAR LOSSES IS
SHOW IN ITEM 4 OF TBE INP’OWTION PAGE OR THE SCHEDULE
BELOW.
SCFIEDULE
STATE RATE PER $100 OF REMUNERATION -
CA $ 0.00
- COUNTERSICNBD AND U5UWD AT SAfU CrUNcWCO: LURCH IS, 2005
2555
nin tw -17
JAYPRO SPORTS LLC lJJ001/001 10/04/2005 16:04 FAX 860 444 1779
rc-
HEW ARE yowl NMI RATES Fori THE PEFMOO INDICATED. F YOUR NAME on ADDRESS SHOULD BI CORRECTED Orr lF INSURANCE IS NOT N&DED FOR NEXT WAR, PLUS€ TUL Us.
CONTINUOUS POLICY 1735864-05 I IMPORTANT THIS IS NOT A OlLL
RAPING PERIOD 4-01-05 TO 4-01-06
* XNTERIM BILLING RATES WILL BE USED ON PAYROLL REPORTS, THEY TAKE INTO ACCOUNT
RATING PLAN CREDITS (OR DEBITS) WIIICIi WILL APPLY AT FINAL BILLING AND AN ESTIMATE OF YOUR PRBHIUH DISCOUNT AS DETAILED BELOW.
RATING PLAN CREDITS (DEBITS) EFFECTIVE PROX 04-01-05 TO 04-01-06
RATING PLAN WDIPIER
ESTIXATED PRMIUX DISCOUNT MODIFIER
COMPOSITE FACTOR APPLIED TO BASE RATES TO DERIVE
INTERIM BlLLING RATES
1.00000
1.00000
1.00000
.-
*****************X*****************~******~****************~*******~*~*~******** * *
x PRMIUH DISCOUNT SCHEWLE EFFECTIVE FROH 04-01-05 TO 04-01-06 *
ABOVE * * $5,000 S5,OOO * * 0.0% 15.0% *
* ESTIMATED IIODIPIED PREnIUX IS DISCOUNTED ACCORDING TO THE FOLLOWING SCHEDULE: *
FIRST *
* * ********************~***********~*~***~***********~********~****~***************
THE ESTIMATED PREnIUn DISCOUNT IS BASED ON AN ESTIHATE OF YOUR PAYROLL. ACTUAL PREXIUM DISCOUNT APPLIED AT FINAL BILLING WILL BE BASED ON THE ACTUAL PAYROLL
REPORTED ON YOUR POLICY 4ND SUBJECT TO AUDIT.
Company Profile Page 1 of 2
Company Profile
GENERAL CASUALTY COMPANY OF
WISCONSIN
ONE GENERAL DRIVE
SUN PRAIRIE, WI 53596
Agent for Service of Process
JERE KEPRIOS, C/O CT CORPORATION SYSTEM 8 18 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017
1Jnable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 244 14
NAIC Group #: 0400
Date authorized in California: September 30, 1998
Company Type: Property & Casualty
State of Domicile: WISCONSIN
California Company ID #: 4556-7
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
http://cdinswww.insurance.ca.gov/pls/wu - cogrof/idb-coqrof - utl.getcogrof?p - EID=. . . 1 0/04/2005
,(--
Company Profile
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Page 2 of 2
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
~~~ Composite Complaint Studies
Want More?
Help .Me Find a Company Representative in My Area
Financial Rating Oraanization_s
Last Revised - October 04,2005 11:40 AM
Copyright 0 California Department of Insurance
Disclaimer
c-
http://cdinswww.insurance.ca.gov/pls/wu-coqrof/idb - coqrof-utl.get-coqroflp-EID= ... 10/04/2005
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debaments.
party debarred party debarred I
agency It agency
period of debarment period of debarment rc R
I
U
I
I
I
I
I-
I
BY CONTRACTOR:
--cL 3 Qyow
By:
(sign here)
'yM,&od fisrwe U.? '$.hn"4c.l
(print nameitale)
Page / of pages of this Re Debarment form
%# Revised 10/08/03 Contract No. FAC 05-08 Page 22 of 68 Pages
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
Contractors are required by law to be licensed and regllated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento,California 95826.
Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
Has the suspension or revocation of your contracbrs license ever been stayed?
no
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of ever been stayed?
Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page \ of * pages of this Disclosure of Discipline form
em rr# Revised 10/08/03 Contract No FAC 05-08 Paae 23 of 68 Panes
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT RERACEMENT
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.
I
I
I
I
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
/
By:
PAL^^ I Gtsr- GI&. F,bI(Lq(d
I
I
1 ,.- (print name/title)
Page- a of - a pages of this Disclosure of Discipline form
43 Revised 10/08/03 Contract No. FAC 05-08 Paae 24 of 68 Paaes
Ir
E
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 71 06
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
BY BIDDER AND SUBMITTED WITH BID
CONTRACT NO. FAC 05-08
State of California 1
County of )
) ss. -
~;cLc..U1 GEmLw 3 .cAypc) , being first duly sworn, deposes (Name of Bidder)
and says that he or she is \ 9 c\*wca
(Title)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the xi? day of Sc&p&b- ,20 013 .
M<CLL4\ F QCCLrtl
Signature of kidder I
Subscribed and sworn to before me o ,20(95
(NOTARY SEAL)
Signafure of Notary
1 43 Revised 10/08/03 Contract No. FAC 05-08 Paae 25 of 68 Paaes
CONTRACT
PUBLIC WORKS
This agreement is made this ) qsh day of 20L9
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and UNIFIED SPORTS INC. dba JAYPRO SPORTS whose principal place of business
is 976 HARTFORD TURNPIKE, WAItRtORD, CI 06385 .-
(hereinafter called Tontractor').
City and Contractor agree as fdlows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: CONTRACT NO. FAC 05-08 STAGECOACH GYM BASKETBALL EQUIPMENT
REPLACEMENT
(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.
c 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) Standard Seecifications for Public Works Construction, 2003
Edition, and the 2005 cumulative sueelements thereto, hereinafter designated "SSPWC", as issued
by the Southern California Chapter of the American Public Works Association, and as amended by
the Supplemental Provisions section of this contract. The Engineer will close the estimate of work
completed for progress payments on the last working day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
rc-
Revised 10/08/03 Contract No. FAC 05-08 Page 26 of 68 Pages
r^- 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 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class 111 disposal site in accordance with provisions of existing law.
B.
indicated.
Differing Conditions. Subsurface or latent physical conditions at the site differing from those
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.
rc 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 antractor'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.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
,-
4s Rn\iiend InlnRln? Pnntrw-t Nn FLIP n5AR Dgnn 37 nf RR Dzmnc
P 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, including defense costs for the City. Defense
costs include the cost of separate counsel for City, ifCity requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
r
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the followng provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
- b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided 7
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) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in &solution No. 91403.
(I
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
r-
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED -
L
(CORPORATE SEAL)
CONTRACTOR:
-I -- By: \ - (sign here)
By: MN&l
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
City/County of LY a W State of Connecticut Subscribed and sworn to before me
I
./- LABOR AND
Bond Number 104352655
MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
N/A , adopted NIA -_ , has awarded to - Jaypro Sports LLC on October 5, 2005
(hereinafter designated as the "Principal"), a Contract for: CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT REPLACEMENT
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, Jaypro Sports LJX 9
as Principal, (hereinafter designated as the "Contractor"), and Travelers casus ltv and Suretv comr>anv 0 f America as Surety, are held firmly bound unto the City of Carlsbad
in the sum of
)t said sum being an amount equal to: One hundred percent (100%) of the total amount payable under
the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code sedion 3248.
TWENTY SEVEN THOUSAND FIVE HUNDRED NINETY TWO
Dollars ($27 , 592 00 -
L
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to'give a right of action to those persons or their assigns in any suit brought upon the bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
r specifications.
L
em. %# Revised 10/08/03 Contract No. FAC 05-08 Page 32 of 68 Pages
Executed by CONTRACTOR this 27 Executed by SURETY this 27 day
day of October ,20E. of October ,20%.
CONTRACTOR: SURETY:
Jaypro Sports LLC Travelers Casualty and Surety Company of America
(name of Contractor (name of Surety)
(address of Surety)
(telephone number of Surety)
300 Windsor St Hartford, CT 06120 By: @’* - ( --
(sign here)
(print name here)
Michael Ferrara Jaypro Sports LLC 860-277-4003
VP Finance By:
(title and organization of signatory)
Georgia Tracey
(printed name of Attorney-in-Fact) By: W?*
(sign here) bidy +JJ
Liec ““‘I)
f FC~Z~J h &m% Ck (attach corporate resolution showing current power (print name here) of attorney) k,,q L. Hall
- p<&,&7*+ ’ (title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
city/county of ~3em L~nm State of Connecticut Subscribed and swom to before me
this 27 dayof-!is@
~y emmission expires \G* ?,i
*= t# Revised 10/08/03 Cnntract Nn FAC 05-08 Pane 33 nf 68 Paniac
Bond Hunker 104352655'
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. N/A -1 adopted N/A has awarded to
Jaypro Sports LLC on u c o b er- 9 ; . '5 , (hereinafter
designated as the "Principal"), a Contract for:CONTRACT NO. FAC 05-08 STAGECOACH GYM
BASKETBALL EQUIPMENT REPLACEMENT
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
,, as Principal, Jaypro Sports LLC NOW, THEREFORE, WE,
(hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company
of America as Suret , are held and firm1 bound unto the City of Carlsbad,
in the sum of
)I said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
TWtNTY StVtN TR6USAND FrVE HUNDRED NINEfY TWO
Dollars ($ 27,592.00
L
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and'it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
\# Revised 10/08/03 Contract No. FAC 05-08 Page 34 of 68 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 27
Executed by SURETY this 27 day of 05 day of October ,20 . ,20 05 . October
CONTRACTOR: SURETY:
Jaypro Sports LLC
(name of Contractor) Travel-ety C~m~any of Ame rica (name of Surety)
300 Windsor qt Hartford, CT 06120
By: &X-
(sign here)
(address of Surety)
Michael Ferrara
(print name here) 860-277-4003
(telephone number of Surety)
VP FiMnCe
(Title and Organization of Signatory) By:
4
&/&--cL( /$t&,l,,,i j!!&' Georgia Tracey
(sign here) (printed name of Attorney-in-Fact)
!-PxYL I -
I -f- - i,L kJ L, kh
(print name here) (Attach corporate resolution showing current power of attorney.)
if7!&JM-- (Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal mpowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney this Q 7 day of CCXR: ,I w=,
By:
CitylCOUnty of wec LQ%.r-\Lbq
by 1. . M c-1 ' -. ,
a;rY commission expires 1 I) s~,fi tT
State of Connethut Subscribed and sworn to betom me
4
l3eput.y City Attorney 1
em
Revised 10/08/03 Contract No. FAC 05-08 Page 35 of 68 Pages
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
rc- POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal ofices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these
presents make, constitute and appoint Carlos B. Cook, 111, Robert Guenther, Justin Cook, Georgia Tracey, of Uncasville,
Connecticut, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by hisher sole signature and act, any and all bonds,
recognizanca, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking
and any and all consents incident thereto not exceeding the sum of FIVE hWNDRED THOUSAND ($500,000.00) DOLLARSper bond
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the
Companies, and all the acts of said Attorney@)-in-Fact, pursuant to the authority herein given, are hereby ratified and confiied.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
/OTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice
President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or @) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
,writing and a copy thereof is filed in the office of the Secretary.
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the hture with respect to any bond or
undertaking to which it is attached.
A-
(1 1-00 S limits)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of January, 2004.
STATE OF CONNECTICUT
} SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
George W. Thompson
Senior Vice President
On this 21st day of January, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affied to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of hisiher office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this L?- 'P day of gc r 0Bt-K ,20 0.5
Kori M. Johanson
Assistant Secretary, Bond
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$1 00,000,000,000.00, provided that the insurer has met its
deductible.
-
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
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 'lCityl' and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor forCONTRACT NO. FAC 05-08 STAGECOACH GYM
BASKETBALL EQUIPMENT REPLACEMENTin 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 City and shall designate the Contractor as the beneficial owner.
_c-
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
e
Revised 10/08/03 Contract No. FAC 05-08 Page 36 of 68 Pages
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contradr.
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 cashand shall distribute the cash as instructed by the City.
/c
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 paymentsof 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.
IO. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Name
Signature
Address
For Contractor:
Title
Name
Signature
Address
For Escrow Agent:
Title
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.
<$ Revised 10/08/03 Contract No. FAC 05-08 Paae 37 of 68 Pawn
rc IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title MAYOR
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent:
*-
Title
Name
Signature
Address
@ Revised 10/08/03 Contract No. FAC 05-08 Page 38 of 68 Pages
SUPPLEMENTAL PROVISIONS
FOR
CONTRACT NO. FAC 05-08
STAGECOACH GYM BASKETBALL EQUIPMENT
REPLACEMENT
CITY OF CARLSBAD
SUPPLEMENTAL PROVISIONS To
"GREEN BOOK"
STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION
2003 EDITION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFlNlTlONSABBREVlATlONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I 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 sbted otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer" , unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
Add the following section:
14.4 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 transporbtion.
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, Calfornia.
City Council - the City Council of the City of Carlsbad.
City Manager- the City Manager of the City of Carlsbad or hislher approved represenhtive.
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 Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for nformal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner OperatorlLessor - 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
Public Works Manager, General Services - The Public Works Supervisor’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.
Public Works Supervisor- the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
13 ABBREVIATIONS
13.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ...................................... Apartment and Apartments
Bldg ....................................... Building and Buildings
CMWD ......... : ....................... ..Carlsbad Municipal Water District
CSSD ................................... .Carlsbad Supplemental Standard Drawings
cfs .......................................... Cubic Feet per Second
Comm.. ................................. .Commercial
DR ......................................... Dimension Ratio
E ........................................... Electric
EWA ...................................... Encina Wastewater Authority
G.. ...................................... ....G as
gal. ......................................... Gallon and Gallons
Gar ........................................ Garage and Garages
GNV.. ..................................... Ground Not Visible
gpm ................... ..................... allons per minute
IE .......................................... .Invert Elevation
LWD ..................................... .Leucadia Wastewater District
MSL ....................................... Mean Sea Level (see Regional Standard Drawing M-12)
MTBM .................................... Microtunneling Boring Machine
NCTD .................................... North County Transit District
OHE ....................................... Overhead Electric OMW ................................. .Olivenhain Municipal Water District
ROW .................................... .Rig h t-of-Wa y
S ............................................ Sewer or Slope, as applicable
SDNR ................................... .San Diego Northern Railway
SDRSD.. ................................ San Diego Regional Standard Drawings
SFM ........................................ Sewer Force Main
T ........................................... .Telephone
UE ......................................... Underground Electric
W ........................................... Water, Wider or Width, as applicable
VWD ..................................... .Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, theAgency may
at its sole discretion elect to cancel the contact or deduct an amount equal to 10 percent of4he value
of the work performed in excess of 50 percent of the contract price by other than the Contractor‘s
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (IO) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is
listed in the latest version of U.S. Deprtment of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
anceharranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in a sum not less than one hundred percent of the total amount
payable by the terms of this contract. The Contractor shall provide bonds to secure payment of
laborers and materials suppliers in a sum not less than one hundred percent of the total amount
payable by the terms of this contract.
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 performanceharranty bond will be reduced to 25 percent of the original amount 30 days
afier recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been pid.
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 un-revoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial 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 principl officer or manager residing within the United Sates.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), Standard SDecifications for Public Works
Construction, 2003 Edition, and the 2005 cumulative supplements thereto, hereinafter designated
"SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General
Contractors of California, and as amended by the Supplemenbl Provisions section of this contract.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documenb listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law
2) City of Carlsbad Supplemental Provisions. 3) Technical Specifications
4) Plans.
5) City of Carlsbad Engineering Standards, 2004 Edition.
6) San Diego Regional Standard Drawings
7) State of California Department of Transportation Standard Plans
8) Standard Specifications for Public Works Construction 9) Reference Specifications
10) Manufacturer's Installation Recommendations
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through IO) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.9. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmithi shall contain the following: - Project title and Agency contract number:
Number of complete sets.
Contractor's certification statement.
Specification section number@) periaining to material submitted for review
4-
Reviced InInAMR Cnntract Nn FAC nLn8 Pane A7 nf 68 Pannn
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documen$.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submitbls:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-todate 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 within ten (1 0) days of completion of
the work. Payment for performing the work required by section 2-5.4 shall be included in the various
bid items and no additional payment will be made therefore.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor's or subcontractor's possession pertaining to the work that the 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 and to
contractually require all subcontractors to this Contract to do the same. The Engineer shall have the
right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to
this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to,
audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff
and the staff of all subcontractors to this contract. At any time during normal business hours and as
often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make
available to the Engineer for examination, all of its, and all subcontractors to this contract, records
with respect to all matters covered by this Contract and will permit the Engineer to audit, examine,
copy and make excerpts or transcripts from such data and records, and to make audits of all
invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by
this Contract. However, any such activities shall be carried out in a manner so as to not
unreasonably interfere with Contractor's ongoing business operations. Contractor and all
subcontractors to this contract shall maintain such data and records for as long as may be required
by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of
a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit
price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent
may, at the option of the Engineet; be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) and shall constitute the markup for all overhead and profik:
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.
Work by Contractor. The following percentages shall be added to the Contractor‘s costs
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the 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 the Contractor 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 1265G12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the 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 Lken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain d command:
1. Project Inspector
2. Construction Manager
3. Deputy City Engineer; Construction Management & Inspection
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 the Contractor may proceed under the provisions of the PublicContract Code.
.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE I .5 RESOLUTION OF CONSTRUCTIONCLAIMS
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 pyment 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 I , 1991.
20104.2. For any claim subject to this article, the following requiremenk 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 qency 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 geater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater:
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process. (9 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 I 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 non-binding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both prties 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 prties. If the parties fail to
select a mediator within the 15day 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 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 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 perhining 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 .IO) 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 prty 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 WORKMANSHIR I
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. Such free and safe access shall include means of safe
access and egress, ventilation, lighting, shoring, dewatering and all elemenk pertaining to the safety
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and manner of work
and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor
At the option of the Engineer, the source of supply of each. of the materials shall be approved by the
Engineer 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 Contractol'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, appearance, durability compatibility with associated
items, availability of repair parts and suitability of application the Contractor shall remove the
substituted item and replace it with the originally specified item at no cost to the4gency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Ldss, damage or deterioration of all stored materials shall be the Contractor's
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limik
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor's convenience and no additional compensation
will be allowed therefore or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer
SECTION 6 -- PROSECUTION, PROGRESSAND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 10 calendar days after receipt of the "Notice to Proceed.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor's
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3 shall be on hard (paper) copy
and electronic media conforming to section 61.3.3 Electronic Media.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project
name and number, the Contractor's name and the date of preparation of the schedule data disk. The
schedule data disk shall be readable by the software specified in section 6-1.2.4 "Schedule
Software" and shall be free of file locking, encryption or any other protocol that would impede full
access of all data stored on it.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor's
revision and maintenance of the Construction Schedule are incidental to the work and
payment will be made therefore.
preparation,
no separate
6-2 PROSECUTION OF WORK.
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 removing four folding
basketball backboards and associated hardware and replacing them with four ceiling girder .mounted
folding basketball backboards that can have the height automatically adjust from 81 0 feet.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. The Contractor's Representative shall attend each Project Meeting. The Project
Representative shall be the individual determined under section 7-6, "The Contractor's
Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's
Representative or any other employee or subcontractor or subcontractor's employee at 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) therefore.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 25 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless othetwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends andlor 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 hidher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Wrk.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Five Hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that Five
Hundred Dollars ($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 pragraph or of any damages.
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
74 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way,
grading and building permits necessary to perform work for this contract on Agency property, streets,
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(@ shall be included in the price bid for the appropriate bid
item and no additional compensation will be allowed therefore.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional pyment will be made therefore.
78.5 Temporary Light, Power and Water. Add the following: 11OV outlet power is available at the
site and may be used by the contractor to perform this work. Wer is available if needed.
78.6 Water Pollution Control. Add the following: Contractor shall comply with the California Sate
Water Resources Control Board (SWRCB) Order Number 9908-DWQ, National Pollutant Discharge
Elimination System (NPDES) General Permit Number CASOOOOO2, Waste Discharge Requirements
(WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit)
and subsequent adopted modifications and with all requirements of the Storm Water Pollution
Prevention and Monitoring Plans for this project in accordance with these regulations.
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 8 -- FACILITIES FOR AGENCY PERSONNEL
8-2 FIELD OFFICE FACILITIES. Add the following: No field office for Agency personnel is required.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the
U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the "Notice of
Completion"
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the 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 the
Contractor's 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.
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 35, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 9-3.2 shall be
submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to.enable the 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 their resolution 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:
4s Retiiced IIIMAIIIR Cnntract Nn FAC fl5-nR Paae 54 of 68 Paaes
9-3.3.1 Delivered Materials.
into the work will not be included in the progress estimate. The cost of materials and equipment delivered but not incorporated
Add the following section:
9-3.4.1 Mobilization and Preparatory Work.
be included in the various items of work and no other pyment will be made.
Payment for mobilization and preparatory Work will
SPECIAL CONSTRUCTION PROVISIONS AND
TECHNICAL SPECIFICATIONS
FOR
STAGECOACH GYM BASKETBALL EQUIPMENT
REPLACEMENT
CONTRACT NO. FAC 05-08
SPECIAL CONSTRUCTION PROVISIONS
1.
2.
3.
4.
5.
The Work
The Contract work to be performed hereunder includes the furnishing of all labor and
equipment and furnishing and installing all materials, unless herein specifically excepted,
necessary for the complete and satisfactory removal and replacement of four adjustable
basketball backboards as specified in this contract or on the drawings.
The work shall consist of complete removal, legal disposal of, patching of mounting points
and of replacing adjustable basketball backboards as detailed in these specifications.
Contractor is advised to read these requirements carefully and bid the job according.
The specialty equipment contractor shall demonstrate at least four (4) installations of similar
equipment systems within the last three (3) years.
The specialty equipment contractor shall coordinate the installation with the City of Carlsbad's
electrician. The City's electrician will perform the electrical modifications and installations
required to provide a fully operational system.
The work includes providing a properly operating and fully tested system.
Work Sites
The Contract work site is located in the gymnasium of the Stagecoach Park Community
Center located at 3420 Camino de 10s Coches, Carlsbad, CA 92009. Special Construction
requirements are detailed below. Quantities listed are for informational puposes only. Actual
quantities shall be verified in the field.
Notice of Award and Notice to Proceed
Upon Notice of Award, 'Contractor is hereby authorized to execute Contract and secure
Performance and Payment Bonds and Certificates of Insurance.
Upon execution of Contract by Owner, Contractor is authorized to begin document
submission, material ordering, and construction scheduling.
Data to be Submitted by Contractor
Contractor shall furnish Owner submittals for all materials to be furnished for review and
acceptance by Owner prior to Contractor performing work to which data pertains. Submittals
shall be provided in accordance with the Special Provisions.
Prior to beginning construction, Contractor shall submit emergency phone numbers for the
construction superintendent, construction foreman, and all company principals.
Contractor Cooperation and Coordination
Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other
jurisdictional agencies. Owner will have representatives on site to observe and verify
compliance with Contract Documents. Contractor shall perform work in a manner not to
interfere with operation of said facilities except as detailed in the scheduled gymnasium
closure as detailed in this section.
Contractor shall perform his work in accordance with the sequence of work as specified
herein. Contractor shall coordinate all work with the Owner. A detailed weekly schedule of
proposed work shall be provided to the Owner the Thursday preceding each week.
6. Permits, Licenses, Certificates, Laws and Ordinances
A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad
Business License for the duration of the Contract.
B. California Reaional Water Quality Control Board, San Dieno Region
Contractor shall not allow any discharges from the construction site, which may have
an adverse effect on receiving waters of the United States.
C. In the event of conflict between the Contract and Permit requirements, the most
stringent shall prevail. All permit requirements shall be satisfied by Contractor and
accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed.
D. Contractor shall, at his own expense, procure any additional permits, certificates, and
licenses required of him by law for the execution of the work. He shall comply with all
Federal, State and local laws, ordinances or rules and regulations relating to the
performance of said work.
7. Storage of Materials and Equipment
Contractor shall not store materials or equipment on private or public property without written
permission from the affected property owners approving such use. Said written permission
shall be submitted to Owner prior to Contractor moving materials or equipment onto site.
Contractor's equipment shall be removed from public or private right-of-way and placed in the
Contractor's designated storage areas at the end of each workday.
Contractor may utilize outdoor storage adjacent to the community center. The contractor
shall provide temporary chain link fencing for any and all storage areas located at the site at
his expense.
8. Preservation of Existing Improvements, Restoration d Work Site and Disposal of Spoil
and Waste Materials
A. Contractor shall perform his operations so that existing improvements including
hardwood flooring, building improvements, landscaping, roads and other paved
surfaces adjacent to or in the vicinity of the work site are not damaged. Contractor
shall repair and restore any disturbed or damaged private or public improvements,
which result from his operations to the satisfaction of the Owner, or the agency having
jurisdiction over said improvements, all at his expense.
I
9.
IO.
11.
12.
13.
B. All work sites shall be restored to pre-job conditions and shall meet the requirements
of Owner.
Owner is obligated to keep visual impact of the work sites to a minimum; therefore,
Contractor is required to restore all areas altered by construction to pre-existing
conditions. Such areas shall include, but shall not be limited to, areas used for travel,
parking, and storage of vehicles, equipment and materials.
C. Contractor shall be responsible for the proper disposal of all waste materials resulting
from his operations, including rubbish, packaging materials, discarded equipment
parts, and damaged construction materials, in a manner and at locations suitable to
the Owner and all health and other regulatory agencies.
Construction Water and Electrical Power
11 OV outlets and water are available at the site. The Contractor may utilize these services for
the performance of his work.
Progress Schedule
Contractor shall submit a schedule per the requirements of SSPWC and shall update this
schedule on a weekly basis. The Contractor shall provide this updated schedule to the
Project Inspector on Thursday.
Equipment Layout and Location
Contractor shall be responsible for layout and locating all equipment. All equipment shall be
installed in locations that are compatible with the existing court markings. All equipment shall
be installed and heights of the adjustable equipment shall be verified with the City Inspector.
If the Contractor improperly locates any equipment, the Contractor shall relocate this equip-
ment to locations satisfactory to the Owner at the Contractor’s expense.
Salvage
Contractor shall meet with the Owner prior to removal of any material or equipment from the
gymnasium, and the Owner shall designate which equipment, (if any) are to be salvaged by
the Contractor. Salvage shall. be delivered, unloaded, and stored by the Contractor as
directed by Owner at the Owner‘s Operations Yard at 1166 Carlsbad Village Dr. All other
equipment and materials removed shall be considered waste and shall be legally disposed of
by the Contractor.
Sequence of Work
A. Introduction
Project Work includes the following major components: Contract Execution and Equipment
Submittal, closure of the gymnasium, demolition and removal of equipment to be replaced,
repair of facility to include removal of all mounting assemblies and bolts, patching of walls
with appropriate materials leaving a surface that is ready for painting, installation of new
equipment, coordination of electrical connection to new equipment with the City’s electrician,
testing and acceptance of the new system. Some of these project components may be
constructed simultaneously; however, construction of certain project components may not
commence until other components are complete and operational.
In addition, due to City's need to minimize the gymnasium closure, disruptive work activities
must be completed during a two-week "low-use" period for the gymnasium. The "low-use"
period is between October 17, 2005 and November 14, 2005. The following work activities
shall be completed during the "lowuse" period.
I. Removal of Existing Equipment.
2. Restoration of the walls.
3. Installation of new equipment.
4. Coordination of electrical installation.
5. Testing and Acceptance.
A detailed sequence of work for major project components is provided hereinafter.
B. General
1. Prior to scheduling the gymnasium closure, the Contractor shall comply with the fol-
lowing conditions set forth in this specification.
The Contractor shall provide written notice to the Project Inspector of his intent
to begin this phase a minimum of 14 Calendar days prior to commencing
with this work.
0 All items to be incorporated into the work shall have an approved submittal
and shall be scheduled for delivery to the site within two weeks of this notifi-
cation.
2. 14 Calendar days prior to closing the gymnasium and prior to beginning any work that
impacts community center operations, the Contractor shall submit in writing his pro-
posed schedule, method and work locations, including equipment, to the Owner. Said
schedule, method, and locations shall be approved by Owner prior to begnning work.
Contractor shall coordinate his work with the Owner and provide the Owner with a
detailed updated schedule of activities each week.
Unless otherwise specified, Contractor shall schedule his work so that new equipment
installations are fully functional prior to re-opening the gymnasium. Prior to comment-
ing any demolition work, Contractor shall have all required material and equipment
onsite.
3. Sequence of work herein shall be followed by Contractor to limit the impact to Com-
munity Center services. Sequence of work is not intended to cover every specific item
of work necessary, and shall not relieve the Contractor from responsibility to coordi-
nate and perform ail work in accordance with the plans and specifications.
4. Contractor shall be responsible for repairing any Owner facilities or equipment dam-
aged as a result of his work performance. Cost incurred by the Owner due to Con-
tractor's failure to maintain said facilities shall be deducted from the Contract.
5. Any proposed modifications to the Sequence of Work provided herein shall be submit-
ted in writing to the Owner for approval. If approved, said modified Sequence of Work
shall be implemented by the Contractor at no additional cost to the Owner. Any pro-
posed modifications to the specified Sequence of Work shall reflect the necessary
changes in all other project Components.
43 Revised 10/08/03 Contract No. FAC 05-08 Paae 60 of 68 Paaes
14. Location of Equipment and Ambient Ewironmental Conditions
All mechanical and electrical equipment shall be designed to operate at the project site, which
is located in a temperature and weather controlled environment. Derating and necessary
oversizing to achieve performance shall be incorporated in equipment design. The project
site is at an elevation approximately 250' above mean sea level. Maximum design ambient
temperature shall be 100°F and minimum design ambient temperature shall be 40°F. Rela-
tive humidity may range from 10% to 95%. Cooling of equipment will be by circulation of air.
Equipment shall be designed to prevent damage that could be caused by high or low ambient
temperature within the specified range. Equipment shall be specifically designed to function
satisfactorily under said conditions. All electrical and mechanical equipment shall be suitably
sealed.
15. Operation and Maintenance Manuals and Training
The Contractor shall provide eight (8) approved copies of detailed operations and mainte-
nance (O&M) manuals at least 14 days prior to startup and testing for all mechanical and
electrical equipment he furnishes. O&M manuals shall be provided for all equipment and shall
be in accordance with requirements of "Contractors Submittals Technical Specifications."
O&M manuals shall be submitted as shop drawings and shall be subject to approval by the
Owner.
The Contractor shall cause the equipment manufacturers to provide experienced and when
applicable, factory-trained personnel, to train the Owner's Operation and Maintenance
personnel. Training shall include review of the O&M manuals as well as a hands on training
period with each piece of equipment listed. No training shall be provided on Mondays or
Fridays. The Contractor shall provide a minimum of 14 days advance notice of training
sessions. Required training and minimum training time shall be as follows:
EauiDment
Motors
Minimum Hours
1
Remote Control Unit 1
Mechanical 1
The training shall be performed a minimum of 1 day after the completion of start-up. The
training shall provide the Owner's Operation and Maintenance personnel with sufficient
information on the theory, design, operation and maintenance practices (routine monitoring,
eyeing abnormal and normal operation, troubleshooting techniques, and preventative and
corrective maintenance) to ensure that equipment and systems can be efficiently and effec-
tively operated and maintained upon training completion. A minimum of 8 training manuals
shall be provided. A training manual on each piece of equipment listed shall be submitted to
the Engineer for approval a minimum of two weeks prior to training. Training manuals shall
include the experience and qualifications of each instructor. The Engineer or his designee
will be attending and monitoring training sessions. If any session is deemed unacceptable by
the Engineer, the contents or instructor shall be changed and the session repeated at no cost
to the Owner.
16. Lubrication
Contractor shall lubricate the bearing surfaces of all moving parts. Contractor shall be
responsible to furnish lubricants and lubricate all equipment. Prior to start-up, Contractor shall
lubricate all equipment and arrange for the respective manufacturer's service engineer to
inspect all lubrication.
17. Specified Model Numbers
All model numbers used herein are provided for information only, to assist Contractor in
selecting equipment that conforms to specifications. In case of any conflict between model
numbers given herein and the descriptive specifications or performance specified, the de-
scriptive specifications and performance specified shall govern.
18. Inspection & Fees
Contractor shall bear all costs and fees incurred as a result of inspection services furnished
by utilities or others.
In the event the Contractor requests to work outside the stated working hours, or on holidays,
and the Owner agrees to same, the Contractor shall pay for the Inspector's time at the rate of
$100.00 per hour.
19. Compliance With Contract Documents
Contractor shall comply with all instructions of Owner to insure compliance with the Contract
Documents, including timely completion of work each day, work site clean-up, control of
traffic, and placement of signs. If Contractor does not comply with the Contract Documents,
then Owner shall provide the required labor, materials, and equipment to perform same and
shall deduct the cost from monies otherwise due under the Contract.
20. Conditions at Work Site
Personal investigation by Contractor is mandatory. Contact the Owner to arrange for access
to site. Neither the information contained in the drawings, or from Owner, his agents or
employees shall act to relieve Contractor from any responsibility in fulfilling any and all of the
terms and requirements specified herein. Contractors may contact the Recreation Area
Manager for access to the site, Gian Lauro, (760) 602-4691. Questions regarding Specifica-
tions shall be addressed to the Public Works Supervisor, Dale A. Schuck, (760) 4342949.
21. Safety Requirement of Equipment Furnished by Contractor
The equipment furnished by Contractor shall comply with the applicable requirements of the
Safety Orders of the Division of Industrial Safety of the State of California. Copies of the
Safety Orders as available at the Printing Division, Documents Section, State of California,
Sacramento, California 95814, and any other applicable safety requirements of Federal, State
and Local government.
Revised 1 O/OR/n3 Cnntrmt Nn FAT: n5-M Pane 67 nf 6R Pnnnn
TECHNICAL SPECIFICATIONS
1. Basic Equipment Requirements
All equipment must be from single manufacturer, Porter Athletic Company (or approved
equal). It is the responsibility of the Contractor to demonstrate that equal equipment is equal
or superior in every way to the equipment specified.
All equipment must be newly manufactured and freefrom defects.
Backboard heights must be fully adjustable from 8'-0 to 10'-0"
Assembly must be mounted to the ceiling I-beam steel.
acceptable.
Wall mounted units are not
Height adjustment and folding mechanisms must be independently and individually remote
controlled by means of a single hand held wireless transmitter. Keypad or other adjusting
mechanisms are not acceptable.
2. Backboards and Backboard Pads (Provide Four (4) Assemblies)
Backboard shall be 3'4" x 6'-0 to meet all NCAA, NFHS and Rofessional requirements.
Backboard frame shall be of a welded, unitized construction fabricated from heavy wall
rectangular steel tubing, aluminum-faced for professional appearance. Unitized frame shall
be deigned for use only on direct goal mourting type support structures.
Unitized frame shall be designed to allow the bottom two goal mount holes to pass beneath
the glass section to further alleviate stress on the glass. Backside of goal mount structure is
provided with two mounting holes and hardware to independently secure backboard to a
direct mount goal feature which relieves all stress and shock on the backboard frame con-
forming to the latest NCAA rules. Backboard frame shall be furnished with heavy steel
gusset plates in the top two corners incorporating keyhole slots for mounting the backboard to
direct-mount type support structures. Rear Backboard frame shall be finished in a durable
neutral gray powder coat finish.
Glass shall be provided in %" thick, fully tempered (heat-resistant) glass section with uniform
load and impact strength. Official white border and target area is "fired in" permanently on
front side of glass section so that it cannot wear away. Glass section shall be secured to
unitized rear frame by means of an L-shaped brushed aluminum extrusion for optimum
durability. Front perimeter frame shall be secured to unitized rear frame with structural truss
head rivets. Glass section shall be fitted with shock absorbing neoprene material to cushion
and protect the glass section.
Backboard shall be protected by a limited lifetime warranty.
Porter No. 00208-000 Center-Strut Mount Rectangular Glass Backboard With Unitized Steel
Frame. (Or approved equal)
Pads shall fit any official size (72" wide) glass backboard. Pad shall cosist of two pieces with
molded type square corners for maximum safety, appearance and durability. Pads shall be
molded from Polyurethane foam (9 Ib. Density) with integral skin (self-skinning). Extruded
type pads are not acceptable.
A positive, bolt-on type attachment system shall be provided to eliminate glue or peel and
stick tape type attachment methods. Pad sections are provided with internal, mokded in steel
attachment cannel sections, which are secuied to the backboard with special self-drilling,
self-tapping attachment hardware provided in a kit. Pad sections shall include molded-in
clearance for gaol mounting plates and center-strut mounting feature. Cutting in field is not
permitted.
Porter No. 00326-000 Pro-Pad Backboard Padding Kit for Official Rectangular Backboards.
Color Gray. (Or approved equal)
3. Goals (Provide Four (4) Assemblies)
Goals shall be designed to absorb shock loads due to slam dunking or hanging on the rim.
Goals shall incorporate a positive lock, pressure release mechanism which is preset to provide rebound characteristics identical to those of a non-movable ring. Statioload pressure
release mechanism shall be field-adjustable without removing the cover plate. After release
and with the load no longer applied, the ring shall return automatically and instantaneously to
the original playing position.
Rim shall be fabricated from 5/8" diameter cold drawn alloy steel, round formed to an 18"
inner diameter ring. Inside diameter of ring shall be positioned 6" from face of backboard by
a heavy, formed steel, hinged type housing with a formed steel cover.
Rim shall be rigidly braced by means of a 3/16" thick steel formed and die cut steel brace
welded in position on the underside of the rim for maximum support. Rim shall be provided
with a "tube-tie" type net attachment system to eliminate the conventional wire-formed type
net locks for additional player safety.
Goal shall be finished in a durable official orange powder-coat finish. Durable anti-whip net
and attachment hardware included. Goal may be easily mounted to a backboard/direct
mount system with a special slotted mounting system without removing the housing cover.
Goal to be provided with standard mounting centers for attachment to any 3'-6 x 6' rectangu-
lar backboard.
Goal is to be furnished with a limited %year warranty.
Porter No. 00245-500 Ultra-Flex Goal with positive lock and movable rim. (Or approved
equal)
4. Backstop Safety Lock Systems (Provide Four (4) Assemblies)
Lock shall be inertia-sensitive to automatically lock a basketball backstop in position at any
time in storage or during the raising or lowering cycle due to a sudden surge of speed created
by a possible malfunction of the hoisting apparatus, such as the winch, cable, pulleys, sup-
port fittings, etc.
Strap lock shall incorporate a 2” wide nylon belt rated at a 6,000 pond breaking strength and
entire unit to be tested to withstand a 1,000 pound free fall load. Strap shall extend a maxi-
mum of 35’-0 and shall be automatically retracted and stored on a reel equipped with a
special negating-type constant force spring. Operation and locking action of strap shall be by
means of integral cast components, which are activated by centrifugal force to lock a basket-
ball backstop before the unit travels 12 of free fall. Unit shall incorporate a fully automatic
reset requiring no poles, ropes, levers or buttons.
Unit shall be furnished with a universal mounting bracket to fit on any size pipe mounted
either parallel or at right angles to unit. Belt shall be supplied with a special belt connection
bracket for ease of securing directly to the basketball backstop.
Porter No. 10797-1 00 “Saf-Strap” Basketball Backstop Safety Lock. (Or approved equal).
5. Electric Winch Equipment (Provide Four (4) Assenblies)
Winch shall be worm gear type, designed to hold backstop at any position when raising or
lowering. Winch housing and cable drum are machined from high strength ductile iron
castings. The cable drum shall be grooved to provide neat and consistent cable tracking.
The worm shall be machined from high strain tempered steel bar. All surfaces of the worm
shaft are ground and the worm teeth and seal surfaces are polished after grinding for the
utmost in efficiency and sealing capabilities. Worm shaft shall turn in sealed, precision thrust
bearings. The shaft shall also be sealed by and additional seal on the outside of the sealed
bearings.
Worm gear shall be machined from high strength forged bronze alloy for exceptional
wearability and long life characteristics.
The worm and gear set to run in an oil bath within main shaft housing which is completely
sealed by the worm shaft seal, and by a double lip seal around the polished cable drum shaft
where it enterers the housing. This unit is filled with oil at the factory and sealed for
maintenance free service.
Winch to be operated mechanically by means of a W H.P. (9 Amp) capacitor type 60 cycle, 1 15 volt, single phase electric motor with automatic thermal overload protection manufactured
to NEMA specifications. The motor shall drive the winch by means of a connecting V-belt
and sprockets.
Drum shall be mechanically interconnected to a special rotary counting Up-Down limit
assembly, which shall be mounted and pre-wired to motor as an integral part of the winch.
Limit switch shall be furnished in a special, extruded aluminum housing. Adjustment of said
limit switches designed to be easily made without the use of tools. Winch shall be pre-wired
with a 6’-0 long neoprene covered cable with NEMA 1-14-20 twist-lock grounded type plug
attached.
Control for winch shall be Sportsonic II Radio Controlled System. Keypad, key switch or other
non-wireless control systems are not acceptable.
Under no-load conditions, RPM of drum is 11 5, RPM of motor is 1725
Hoisting capacity of winch shall be 1200 pounds or suitable for equipment installed without
overloading winch motor or mechanism.
Wiring of all electrical components shall be in accordance with local codes and in accordance
with manufactures instructions.
All conduit, wiring, junction boxes and components not specified herein shall be furnished
and installed by the City's electrical contractor.
Porter No. 00708000 % H.P. Electric Winch. (Or approved equal)
6. Remote Control Units (Provide two (2) Transmitters and Eight (8) Receiver Assemblies)
Winch shall be controlled by a radio control system (Sportsonic II) to eliminate control wiring,
wall boxes and individual key switches as on conventional key switch systems. Sprortsonic It
portable hand-held transmitter is specified. Transmitter shall operate up to ninety-nine
individual winches. Numeric LED shall clearly display the selected channel. Power supply for
transmitter shall be a standard 9-volt battery. Transmitter shall operate on a digitally encoded
carrier frequency of 31 5 MHz.
Each electric winch shall be equipped with a commercial type 11 5 VAC receiver with a coding
switch for individual operation by the portable transmitter. Receiver shall be factory wired and
installed in a standard non-metallic enclosure (6 x 4" x2-3/8") with a 6'4" long SJT cord with
a NEMA L5-15 molded twist-lock grounded plug attached. Matching flange type receptacle
shall be mounted in a standard 4" square cover plate (box by others) for power supply.
Enclosure shall be furnished with a 4-pole twist-lock grounded type NEMA L14-20 receptacle to accept the power/control cable from the electric winch.
All units to be factory tested for a 100' (nominal) operating range. Coding switch shall be
configured in the field for independent operation.
Wiring of all electrical components shall be in accordance with local codes, an in
conformance with manufacturer's instructions.
All conduit, wiring, junction boxes and components not specified herein shall be furnished
and installed by the City's electrician.
Porter No. 2002 Sportsonic II Sports Complex Control System. (Or approved equal)
7. Height Adjustment System (Provide Four (4) Assemblies)
Height adjustment unit shall be designed for use with No. 900 Center-Strut0 series ceiling
suspended basketball backstop support systems to provide an adjustable, direct-mount
(Center-Strut@) goal attachment system to eliminate any strain on the backboard should a
player hang on the front mounted goal (conforms to the latest NCAA recommendation).
Height adiustment units without the prescribed direct-mount qoal feature will not be approved
as equal. Height adjustment feature will allow any goal height settings from 8'-0 to the
official 10'-0" for use by all age groups. Unit shall be designed for use with any official size (4'
x 6' or 3'-6" x 6') Porter rectangular backboard and companion front mount type goal.
Center unitized support frame shall be fabricated by dual, 2-311 6" square heavy-wall zinc
plated guide tubes located on 11-3/16" centers. Ends of guide tubes shall be welded to
heavy, formed mounting brackets. Heavy formed, die cut steel clamp assemblies (2) shall be
provided for securing height adjustment assembly directly to a 6-5/8 O.D. center support
structure (No. 900 Center-Strum series basketball backstops). Outer dual slide tubes shall
support heavy structural steel angle sections which extend downward to accept a direct-
'
mount (Center-Strut@) goal mounting system. Slide tube assembly shall be provided with a
heavy, formed steel section to attach a special upper backboard support assembly to secure
the unit to the upper two corners of the rectangular backboard on standard (5’-6) mounting
centers.
Height adjustment unit shall incorporate a compact I1 5-volt, gear motor type linear actuator
with 600 pound thrust capacity to raise and lower the goal height electrically. Motor shall
draw 1.4 amps under full load. Integral limit switches shall provide automatic shut off at 8’
and 10’ goal heights. The motor shall be controlled by Sportsonic II radio control system.
Sportsonic II portable hand held transmitter No. 12002-100 will operate up to 99 individual
units. One transmitter can be made to operate height adjustment units, in addition to
backstops and divider curtain winches. Power supply for transmitter shall be a standard 9-
volt battery. Transmitter shall operate on a carrier frequency of 315 MHz.
Each electric height adjuster shall be equipped with a commercial type 1 15 VAC receiver with
a coding switch for individual operation by the portable transmitter. Receiver shall be factory
wired and installed in a standard non-metallic enclosure (6” x 4” x2-318”) with a 6’-0 long SJT
cord with a NEMA L5-15 molded twist-lock grounded plug attached. Matching flange type
receptacle shall be mounted in a standard 4 square cover plate (box by others) for power
supply. Wiring from junction box on height adjuster frame to receiver shall be provided by the
electrical contractor to meet all local code requirements. Enclosure shall be furnished with a
4-pole twist-lock grounded type NEMA L14-20 receptacle to accept the powerkontrol cable
from the linear actuator.
All units to be factory tested for a 100’ (nominal) operating range. Coding switch shall be
configured in the field for independent operation.
Wiring of all electrical components shall be in accordance with local area codes, and in
accordance with manufacturer’s instructions. All conduit, wiring, junction boxes and
components not specified herein shall be furnished and installed by the electrical contractor.
A height setting scale shall be located on the side of the unit to visually determine height
settings from 8’4” to 10’-0 in 3” increments.
Height adjustment frame shall be finished with one coat of flat black enamel. Hardware shall
be furnished for mounting unit to 6-518” O.D. vertical support tube.
A limited lifetime warranty on all rectangular backboards when used in conjunction with the
height adjustment system shall be provided.
Porter No. 00903-506 Center Strut Height adjustment System with Electric Sportsonic II
Operation. (Or approved equal)
8. Ceiling Mounted Forward Fold Backstop (Provide Four (4) Assemblies)
Center-Strut@ vertical front drop frame assembly shall consist of a main, certer mast of 8518”
O.D. heavy-wall structural steel tube with diagonal side sway braces of 2-112” x 1-112”
rectangular steel tubing. Ends of diagonal brace tubes shall be precision machine cut to
provide maximum weld surface contact to form a unitized, back-to-back triangular type
structural design to provide superior lateral stability. (Formed, curved, pinch-cut or flattened
type brace connections will not be approved as equal). Top horizontal mast hinge spreader
to be of a heavy 4” structural channel b support adjustable suspension hangers.
Goal shall mount directly through backboard and into a heavy structural steel weldment
Center-Strut@ which shall be clamped to the vertical 6-518'' O.D. center support to eliminate
any strain on backboard should a player hang on the front mounted goal (conforms to the
NCAA latest rules). All fittings shall be attached to the 6-5/8" O.D. vertical drop tube by heavy
X" thick precision saddle die-cut formed steel fittings secured in place by 5/8" diameter 'U'-
Bolt type hardware. The upper backboard extension assembly shall provide the official
NCAA and NFHS regulation of 6" (1 5.24 cm) from the front of the Center-Strut@ to the face of
the backboard.
Center-Strut0 drop frame shall be suspended by special adjustable hangers (2) to provide for
precise plumbing of frame during installation. Support hangers shall be offset 1-112" behind
centerline of Center-Strum drop frame to properly weight lock unit in playing position without
the use of ropes, latches or springs.
Backstop to operate with a 1-7/8" O.D. front brace assembly with a folding knee joint. Knee
joint to incorporate precision investment castings with a special internal torsion spring design
to lock brace assembly firmly in playing position. Knee joint assembly shall be designed with
an in-line pivot design to maximize backstop stability during aggressive play. Hoist cable
shall automatically disengage brace knee joint during the hoist cycle.
Backstop shall be supported from 3-112'' O.D. pipe anchored to roof framing members by
means of heavy formed, die-cut steel support fittings. Each support fitting (supplied by the
backstop manufacturer) to the roof framing, must be capable of supporting a load exceeding
10,000 pounds, with sufficient attachment points to acquire a 60: 1 safety factor for support of
the entire backstop superstructure system. Certified test results shall be furnished upon
request. All cap screws shall be rated a minimum SAE Grade 5. Grade 2 cap screws will not
be approved as equal. Superstructure pipes to be reinforced with special truss-type bridging or bracing when truss centers exceed spans of 14'0.
Backstop shall be provided as standard with heavy duty, fully enclosed worm gear type
manual wall-mounted winch, designed to hold units at any position when raising or lowering
backstop. (Electrically operated units optional - see page No. 8-706-2). Hoist cable shall be
1/41) diameter galvanized aircraft cable with 7,000 Ib. ultimate breaking strength. Swivel pulleys
shall be furnished with 4" diameter cast (ductile iron) pulley sheave with maintenance free, oil
impregnated bearing for proper hoist cable routing to winch. Pulley assembly and attachment
to 3-112'' O.D. support structure shall be rated at a minimum 9,000 pound load rating.
Certified test results shall be furnished upon request.
All metal parts shall be painted one (1) coat of flat black enamel.
A limited lifetime warranty shall be provided on all backboards when used with the provided
backstop assembly. Backstoo structure without said warranty will not be aDproved as equal.
Porter No. 949 Center Strut Ceiling-Suspended Forward-Fold Backstop (18' to 28') (Or
approved equal)