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HomeMy WebLinkAboutLesicka and Joy Construction; 1998-02-13; FAC98-22 a Recording requested by: >= g ?,"==? 0 I L$L$5&-*k ;! &*=LC :." ,> 4 a-q J==* E$ =F> r;c- "E ." p e $1 5-5 " . .. ._ 4: ii -:: 29 E - -. - b.? .- ,3 .k, AX zi' =f i> $ 4 .-i ;-: &+ \ - L 3% Clr/ OF CARLSBAD "E ~ ~ ; $q :-> T " r7 " .--" -" ,r " $ -" L.; li".: - 2 Q" !: rL: $-,.F! i L',J :a __- -: -2 :. When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive 352 Carlsbad CA 92008 ,-.".?-zT 1! ?,?;-r.-.*.=.-. UfflijiHi i?.+;.;;#:;s . .L..a.-.,. _&.. . ?,:kt.: .ezTri-.;"$ t-:r;J3$T:; y-:;",.7r;-,$,-: *-::-r-.-.r. .@iy "it!Z> ;&C,R; i' $k&;.!,!L;< 5 sj-:e!-;: L c $ $-! i i L-:" c :, " ,: - ij!j GW$@;j J, ;~~~~ i PZi ;:Ti! T;?Yi$:rc; i,; .i in,. i-,!J2:< j i' ~..>:,>>.,&l~~.; "" .-. -..-, I, ' .. ill1 IIII 11111 III I NOTlCE OF COMPLETION Space above for Recorder3 US€ Notice is hereby given that: 1. The undersigned is owner of interest or estate stated below in the property hereinafter ( 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, Californic 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on May 2: 6, The name of the contractor, if any, for such work of improvement is Lesicka 8, JOY Cor 7. The property on which said work of improvement was completed is in the City of Carlsb, of San Diego, State of California, and is described as follows: Elmwood House ADA Improvements - Contract No. FAC98-2. Carlsbad Cultural Arts Office, 2955 Elmwood St., Carlsbad CA 92008 8. The street address of said property is: CITY OF CARLSBAD Charles Walden Facilities Superintendent VERIFICATION OF CITY CLERK I, the undersigned say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 9200t Facilities Superintendent of said City on May 27, 1998 accepted the above work as comple ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 17, , 1998 at Carlsbad, California CITY OF CARLSBAD 2 ,grid '7 "- ALETHA L. R~LVUTENKR~NZ, . City '~le I CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR ELMWOOD HOUSE ADA IMPROVEMENTS CONTRACT NO. FAC98-2 November 5,1997 / V 11/05/97 Contract No. FAC98-2 Page 1 of 55 Pages TABLE OF CONTENTS **" Item Page NOTICE INVITING BIDS 4 CONTRACTOR'S PROPOSAL 8 BID SECURITY FORM 12 BIDDER'S BOND TO ACCOMPANY PROPOSAL 13 GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS 15 DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID 17 DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER OPERATOR/LESSOR WORK 18 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 19 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 20 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION 21 *"" BIDDER' S STATEMENT OF RE-DEBARMENT 22 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD 23 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 25 CONTRACT PUBLIC WORKS 26 LABOR AND MATERIALS BOND 33 FAITHFUL PERFORMANCE/WARRANTY BOND 35 REPRESENTATION AND CERTIFICATION 37 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) 38 SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS 41 11/05/97 Contract No. FAC98-2 Page 2 of 55 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION PLAN FAC98-2 55 11/05/97 Contract No. FAC98-2 Page 3 of 55 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the 18th day of December, 1997, at which time they will be opened and read, for performing the work as follows: Elmwood House ADA Improvements CONTRACT NO. FAC98-2 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department, Facilities Maintenance Division. The specifications for the work include the Standard Specifications for Public Works Construction (1994 Edition, and the 1995 and 1996 supplements thereto.) all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of 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, properly executed and notarized are: 11/05/97 Contract No. FAC98-2 Page 4 of 55 Pages 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work Bidder's Statement of Financial Responsibility Bidder's Statement of Technical Ability 6. 8. Certificate of Insurance 9. Bidder's Statement Re Debarment 10.Bidder's Disclosure Of Discipline Record 11.Purchasing Department Representation and Certification 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 7. and Experience All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $33,000. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: B-1, in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A mandatory pre-bid meeting and tour of the project site will be held at the Elmwood House, 1255 Elmwood Avenue, Carlsbad, on Monday, December 1,1997 at 8:30 a.m. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the 11/05/97 Contract No. FAC98-2 Page 5 of 55 Pages corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be 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. Bonds to secure faithful performance and warranty of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Special Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any 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. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. 11/05/97 Contract No. FAC98-2 Page 6 of 55 Pages Approved by the City Council of the City of Carlsbad, California, by Resolution No adopted on the 4TH day of NOVEMBER , 1997 . 97-673 Date AtethaL jter)kranzy£ity Clerk 11/05/97 Contract No. FAC98-2 Page 7 of 55 Pages CITY OF CARLSBAD CONTRACT NO. FAC98-2 ELMWOOD HOUSE - ADA IMPROVEMENTS CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. FAC98-2 in accordance with the Plans, Specifications, Special Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. Description 1 Provide all necessary labor, material and equipment to perform ADA improvements per attached plans and specifications Total amount of bid in words: / Approximate Quantity Unit and Unit Price Total LS $ — f)s\ £. " //-S\J f~J I/ £_ Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. 11/05/97 Contract No. FAC98-2 Page 8 of 55 Pages City of Carlsbad Purchasing Department December 10, 1997 ADDENDUM NO. 1 ELMWOOD HOUSE ADA IMPROVEMENTS - CONTRACT NO. FAC98-2 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2803 • FAX (760) 434-1987 Addendum(a) Note). JL> _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act license number business or act in the capacity oTa contractor within the State of California, validly licensed under 7 .1 / <Tc>3 _ , classification "S^ _ which expires on and that this statement is true and correct and has the l an affidavit. 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 § 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code §20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is A "&i fc> TSQ»J k _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code 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. 11/05/97 Contract No. FAC98-2 Page 9 of 55 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code _Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and general partner}^.—, f L-CSvcA & \s L.-TT Q/ ite: Signature must be made by a (3) Place of Business 3>(* (Street and Number) I ^. //•>_> v \a ot City and State. (4) Zip Code _\\L*Telephone No. fC.il IF A CORPORATION. SIGN HERE: (1 ) Name under which business is conducted (2). (Signature) (Title) Impress Corporate Seal here 11/05/97 Contract No. FAC98-2 Page 10 of 55 Pages (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. 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: t>^ *. ^ . \^f s \ c_L <*-* Ous r\*-{~ / P \7\ \ Vnaf-'l/^S \Q\r*t«- -* - ^ ^ Q LJM^ f\i-*i / *P\7i 11/05/97 Contract No. FAC98-2 Page 11 of 55 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO 5907 S^joogafflsasggggggSBaog.jofflgs>sgaggggsag a|! State Of California | "county of San Die§0 | On 12/19/97 before mei Sheryl Smith, Notary Public ( DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" 1 personally appeared REX M. LESICKA ! B personally known to me - OR - D j ............. ---• S 1 dfi3^ SHERYL SMITH R1 £^dr_i3e& COMM. #1060479 o{ OjprffSa^A NOTARY PUBLI(>CALIFORNIA W { "nE^^P®; SAN DIEGO COUNTY O} O V\ab**taW/ My Commission Expires . I 1 N^S5£/ JUNE 4, 1999 1 ' ^ Though the data below is not required by law, it ma j fraudulent reattachment of this form. i CAPACITY CLAIMED BY SIGNER j D INDIVIDUAL i D CORPORATE OFFICER J TTTLEfS) j 5 D PARTNER(S) LJ LIMITED j D GENERAL j D ATTORNEY-IN-FACT j D TRUSTEE(S) j D GUARDIAN/CONSERVATOR 1 PI OTHER: \ \ \ SIGNER IS REPRESENTING: j NAMEOFPERSON(S)ORENTrrY(IES) SteaMgai^agiasBge^^ NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my handarfcfahicial seal. ^-^^ /'slGfilAIURE' OF NOTARY " y prove valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES "i* '.» DATE OF DOCUMENT SIGNERS} OTHER THAN NAMED ABOVE f^-^saagEa^^^ i 1 1 1 1 i l«w ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 ,t**"«. 'tfcuw | i • " •-. { j! State of CALIFORNIA ^County of SAN DIEGO i> on 12/19/97 before me. SHERYL SMITH, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC" ! personally appeared THOMAS P. JOY ; ; H personally known to me - OR - . ~ 1 1 x<$3£^ SHERYL SMITH R1 £/^u3C& COMM. #1060479 o' ofe«1sS^Q NOTARY PUBLIOCALIFORNIA W\ wre*^B SAN DIEGO COUNTY Oi O U&fcT^Eia// My Commission Expires „ '' I ^§^X JUNE 4, 1999 I . ' \ Though the data below is not required by law, it I fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER| | D INDIVIDUAL [ D CORPORATE OFFICER i j TITLEfS) i D PARTNER(S) D LIMITED j D GENERAL j D ATTORNEY-IN-FACT D TRUSTEE(S) \ D GUARDIAN/CONSERVATOR | PI OTHER: [( I \ SIGNER IS REPRESENTING: i NAMEOFPERSON(S)ORENTrrY(IES) - \ Sjp&8&s&s&e£>&&e&p&eepa0&s0&&&st NAME(S) OF SIGNER(S) D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ^ ^ f V^---^iGNATURE OF NOTARY may prove valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 3a388SS3888a=S3888S^^ I . I ! 3& O1993 NATIONAL NOTARY ASSOCIATION • 8836 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified "Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of • dollars ($ ), 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 proceeds 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.) 11/05/97 Contract No. FAC98-2 Page 12 of 55 Pages C A AMERICAN CONTRACTORS INDEMNITY COMPANY 1081 CAMINO DEL RIO SOUTH, SUITE 107 SAN DIEGO, CALIFORNIA 92108 (619)297-2900 BOND NO. PREMIUM BID DATE n/a included 17_18_97 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Lesicka & Joy Construction GO. (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State Of California (hereinafter called Surety), as Surety, are held and firmly bound unto The city of Carlsbad (hereinafter called Obligee) in the penal sum of ten percent ( 10 %) not to exceed ten Percent of the amount of the attached bid _ Dollars ($10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Kimwnnri House ADA improvements. NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract; or if the Principal shall fail to do so, pay the Obligee the damages which the Obligee may suffer be reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, AND DATED THIS 18th DAY OF December , 19 97 . Lesicka & Joy Construction Co. Principal -7 AMERICAN CONTRACTORS INDEMNITY COMPANY cynthi$ j. Bameu-; \ Attorney in fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT gjj^ggi;l5;^gi^>-tArti-^-<>'5-^-^'-a-s-s^^ State of CALIFORNIA County of SAN DIEGO On 12-18-97 before me, SHERYL SMITH, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - EG MANE DOE. NOTARY PU8UC" personally appeared CYNTHIA J. BARNETT | NAME(S) OF SIGNERlSt ,\ ukpersonally known to me - OR - D proved to me on the basis of satisfactory evidence J to be the person^ whose name@g$ is/S£S 0 subscribed to the within instrument and ac- \ knowledged to me that *ie?she/SS8^ executed the same in xtos/her/8$e$f authorized capacity^es), and that by signature(s) on the instrument the person(s), SHERYL SMITH I or tne entity upon behalf of which the ^NoSwpu»Lc^SroPNiA 8 person(s) acted, executed the instrument. 5TJ SAN DIEGO COUNT' O>jj My CoT^iissic^f;>pires ^ L:::;^-:,- ~.- -•' WITNESS my hanjland official seal. SIGNATURE OF NCJVAflY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT NUMBER OF PAGES D TRUSTEE(S) n GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE ^:!NAM6OFP€BSON(S)OfleNTTrYOES) K ICW GP 416 A w American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ATT. MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Cynthia J. Barnett asas its true and lawful Attorney(s)-in-fact, in amount of S unlimited to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attomey-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shaU be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall bt*Ud and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed^nd its corporate seal to be affixed by its authorized officer this 26th day of March ^ , 19 "' AMERICAN CO STATE OF CALIFORNIA COUNTY OF LOS ANGELES On March 26, 1997 before me,Deborah Reese , personally appeared Andv Faust\J\\ _ **w* *" w *«1*) .. » j*v» u vtAfcUA J M£S£/WMl W\* .miVtJ A CjltJt. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by. his signature on the instrument the person, or the entity upon behalf of which the person acted, - - -executed the instrument. WITNESS/my hand and official seal.DEBORAH REESE COMM. 11048664 Notary Puttie - California > LOS ANGELES COUNTY My Comm. Expires JAN 14.1999 CERTIFICATION ' ' ' ' -•^^'^•^p^^^p-^n I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company ag^et forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are C-ct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this.18th day of December .,19.97 S. Sugita, Asst. Secretary c BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) 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. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: Elmwood House ADA Improvements - Contract No. FAC98-2 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. 11/05/97 Contract No. FAC98-2 Page 13 of 55 Pages 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 Executed by SURETY this day of day of , 19 . , 19 . PRINCIPAL: SURETY: (name of Principal) (name of Surety) By: (sign here) (address of Surety) (print name here) (telephone number of Surety) By: (Title and Organization of Signatory) (signature of Attomey-in-Fact) By: (sign here) (printed name of Attorney-in-Fact) iW(print name here) (Attach corporate resolution showing current power of attorney.) (title and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 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: JANE MOBALDI Deputy City Attorney 11/05/97 Contract No. FAC98-2 Page 14 of 55 Pages GUIDE FOR COMPLETING C THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer^, "Subcontractor" and "Work" and the definitions in section 1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by other than the Contractor's own organization will be rejected as non- responsive. INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the Work. All items of information must be completely filled out. •>•!!„;..» Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in the line of the form must be entered under the column "0/0 of Item by Sub" or "0/0 of Item by O+O" as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case may be, installing them. The value of material incorporated in any Subcontracted or Owner Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any part of the portion of the work that the Contractor is required to perform with its own organization. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide ,,. the required information. The number of additional form pages shall be entered on the first form v page of each type so duplicated. 11/05/97 Contract No. FAC98-2 Page 15 of 55 Pages Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If using this option the Bidder must indicate the bid item numbers to which the information in the row pertains. This option may not be used where the subcontractor or Owner Operator/Lessors constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are proposed to be so supplied. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and these Special Provisions. The decision of the City Council shall be final. 11/05/97 Contract No. FAC98-2 Page 16 of 55 Pages c DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor:F. T?2 Complete Address: Street t C*4. City State „ Telephone Number plus Area Code: Zip California State Contractors License No. & Classification: Carlsbad Business License No.: /O; n- Bid Item No. / Bid Price of Item Z-?00.** %of Item by Sub /90*Z/ % of Total Contract *$•%/ Bid Item No. Bid Price of Item %of Item by Sub %of Total Contract Page pages of this form 11/05/97 Contract No. FAC98-2 Page 17 of 55 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor Complete Address: /^>^ ^/P ,4 <- i/ Street C4 City State Telephone Number plus Area Code: Zip ° *>- California State Contractors License No. & Classification:"2- *T ua (L—l Carlsbad Business License No.:let.If- Bid Item No. 2_ Bid Price of Item 1*0?, ~° %of Item by Sub 90^f % of Total Contract 1.?% / Bid item No. Bid Price of Item %of Item by Sub %of Total Contract Page.pages of this form AT*f 11/05/97 Contract No. FAC98-2 Page 17 of 55 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor:£t> J Complete Address: 2-3*2-7' fao t)*.*_ -/\tt€. . ^>T^ A Street c City State Telephone Number plus Area Code: Zip California State Contractors License No. & Classification: Carlsbad Business License No.: "7^ "St. *~Jteato Bid Item No. 3 Bid Price of Item /0/3.** %of Item by Sub /ed% / % of Total Contract 3<70/ Bid Item No. Bid Price of Item %of Item by Sub %of Total Contract Page 3 of pages of this form 11/05/97 Contract No. FAC98-2 Page 17 of 55 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. r L iun. -• v\ JL .0 \ o s* /£+ / ft t- Ql^ (^fi^J ^X- / ' • \ \~ ndn (\ C" i f\ JL rv • i L/ 11/05/97 Contract No. FAC98-2 Page 19 of 55 Pages c BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract C 11/05/97 Contract No. FAC98-2 Page 20 of 55 Pages 1-29-1998 3:23PM FROM PANCO PACIFIC INS1 6195517055 P. 1 ==| CERTIFICATE OF INSURANCE |=============================| 1/29/1998 |===== a^^P«TnSr:i»DS2SS^^ '^^ CERTIFICATE is ISSUED AS A MATTER'OF""" tSnmv^W, S crc^A, INFORMATION ONLY AND "CONFERS NO RIGHTS UPON ^^rnrrrV^ THE CERTIFICATE HOLDER. IT DOES NOT AMEND, ^<J ,• 92°37 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE1P&800/962-0054FX619/456-3462 POLICIES BELOW. _______ ======( COMPANIES AFFORDING COVERAGE )====== INSURED COMPANY A: CREDIT GENERAL INSURANCE CO. LESICKA & JOY CONSTRUCTION COMPANY B: PROGRESSIVE <r^ / / 3604 AT.KXIA PL. COMPANY C: • I?!, / SAN DISGO, CA 92116 COMPANY D: yf/^ X// COMPANY E: ==============================| COVERAGES |=================================== This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document »ich respect to which this certificate nay be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown _ay have been reduced by paid claims. C0|=| INSURANCE |====| POLICY NUMBER |==[ DATES [============================ GENERAL LIABILITY Effective]$ 1,000,000 General Agg A [X] Gen Liability ART0006447 06/13/97 $ 1,000,000 Prod/CoOps Agg [X] Occ [ ] CM $ 1,000,000 Pers/Adv Inj [X] OCP $ 1,000,000 OccurrenceJ Expiration $ 50,000 Fire Damage 06/13/98 $ 500 Medical Exp H + : H H • AUTO LIABILITY ' Effective B [X] Any Auto 0128ML04 01/29/98 $ 1,000,000 CSL[ ] All Owned [X] Scheduled [ ] Hired [X] Non-owned . Expiration $ BI (person) [ ] Garage Liab 01/29/99 $ BI (accident) $ PD H . _----- + ___ + + EXCESS LIABILITY / • / $ . Occurrence [ ] Umbrella $ Aggregate [ ] Other ' / / :+ +. ; + __ [ ] Statutory Lmts WORKERS COMP / / $ . Each Accident AND $ Dise.as.e_-.Limi.t_... EMPLOYERS LIAB / / $ Disease-Empl H • -i • H '• + • $ Descripti-dn of operations/locations/vehicles/other CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED, REGARDING PROJECTS: 1) FIRE STATION #2/SHOWERS 2) ELMWOOD HOUSE ADA RENOVATION. ALL OPERATIONS. ENDORSBMB3ST TO BE ISSUED/MAILED BY CARRIER *10 DAYS NON-PAY/30 DAYS ALL OTHERS. FAX: 760-434-1989 CANCELLATION CERTIFICATE HOLDER I = = = = = = = CITY OF CARLSBAD ATTN: KEVIN L. DAVIS ^1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008-1789 .Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will A* mail 30 days written notice to the certificate holder named to the left, '1 lAuthori ve 1-29-1998 3:24PM FROM PANCO PACIFIC INS1 6195B170BB P. 2 POLICY NUMBER: :GL-ART0006447 COMMERCIAL GENERAL LIABILITY COM. AUTO - 00128ML04 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies''insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF CARLSBAD 1200 CARLSBAD VILLIAGE DR. CARLSBAD, CA 92008-1789 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration; as applicable to this endorsement.) WHO IS AN- INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, hut only with respect to liability arising out or "your work" for that insured by or foryou. •w- CG 20 10 LI 85 Copyright, insurance Services Office, Inc., 1984 AOOISII. CERTIFICATE OF INSURANCE n ™7£7 PRODUCER LLOYD L. GREEN INSURANCE SERVICES P.O.BOX 3657 £"*LA MESA, CA 91944 INSURED LESICKA & JOY CONSTRUCTION CO. 3604 ALEXIA PLACE SAN DIEGO, CA 92116 i 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 POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A CREDIT GENERAL INSURANCE COMPANY COMPANY B COMPANYc COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR ,<«* V* ! 1 TYPE OF INSURANCE GENERAL UABIUTY X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | X 1 OCCUR OWNER'S & CONT PROT AUTOMOBILE LIABILITY it ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EX ANY AUTO POLICY NUMBER ARTQ006447 NIL NIL CESS UABIUTY UMBRELLA FORM j ., j j OTHER THAN UMBRELLA FORM ! WORKERS COMPENSATION AND i EMPLOYERS1 LIABILITY THE PROPRIETOR/ i ,NCL PARTNERS/EXECUTIVE i j OFFICERS ARE: i j EXCU POUCY EFFECTIVE POUCY EXPIRATION ...._,. DATE(MM/DD/YY) DATE (MM/DD/YY) """" 1 GENERAL AGGREGATE $ 1 ,000, 000 06/13/97 06/13/98 1 PRODUCTS-COMP/OPAGG $1,000,000 • PERSONAL & ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 : FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 500 ' COMBINED SINGLE LIMIT $ i BODILY INJURY ; «. (Per person) ' BODILY INJURY ' - (Per accident) i * i PROPERTY DAMAGE $ ! AUTO ONLY - EA ACCIDENT $ • OTHER THAN AUTO ONLY: ! EACH ACCIDENT $ ! AGGREGATE $ EACH OCCURRENCE ; $ AGGREGATE S : ; $ : 1 STATUTORY LIMITS : EACH ACCIDENT . ; $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ OTHER NIL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER LESICKA & JOY CONSTRUCTION CO. ,-3604 ALEXIA PLACE ^ ,SAN DIEGO, CA 92116 ACORD 25-S (3/93) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MjjL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,10 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED F COMPENSATION ,,„„ INSURANCE C FUND DECEMBER 22.1997 P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: CERTIFICATE EXPIRES:229*98 UNIT 13287 01/01/1999 r L CITY OF CARLSBAD BUILDING DEPARTMENT ATTN: KEVEN L.DAVIS 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008-1989 JOB: ALL OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PREStDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COST: $1,000,000 PER OCCURRENCE. EMPLOYER r /**•• LESICKA & JOY CONSTRUCTION CO 3604 ALEXIA PL SAN DIEGO CA 92116 SCIF 10262 (REV. 3-95) BIDDER'S CERTIFICATE OF INSURANCE FOR C GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1 . Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer's Liability •* Automobile Liability •*% •* Workers Compensation 2. Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. v All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. f\ U 11/05/97 Contract No. FAC98-2 Page 21 of 55 Pages BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (name of Contractor) /(sign here) ~ 1 V\r>v% A y t~JaVfr.C-.U-, Jos/ 11/05/97 Contract No. FAC98-2 Page 22 of 55 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2. Has the suspension or revocation of your contractors license ever been stayed? yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4. Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? _ v/ yes no 5. 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. (Attach additional sheets if necessary) BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) 11/05/97 Contract No. FAC98-2 Page 23 of 55 Pages (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (Attach additional sheets if necessary) BY CONTRACTOR: —^ Lryf(/_~ A. Aas/ L.^^Trvir \~,~'~ Co_^^_a_^MP*>a^vJHMWMp^K^_^^^^_l^_^^^_^^BM_^*_^J. (name of Contractor) c-~ By: 5 (sign here) "TWx,iAA.n^K..;'.L 11/05/97 Contract No. FAC98-2 Page 24 of 55 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California County of ) ) ss. (Name of Bidder) ., being first duly sworn, deposes and says that he or she is Of /C IK?A of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not 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 /"K"^ day of ~J>>c_£ ^~& ^«£L , Signature o^feidder Subscribed and sworn to before me on the / Q day of (NOTARY SEAL) CYNTHIA J. BARNEH COMM. #1043489"SoKWrTMy Commission Expires DECEMBER 29,1998 11/05/97 Contract No. FAC98-2 Page 25 of 55 Pages LESICKA & JOY12/97 AIA A305 ADDENDA °B° JOBS COMPLETE Date of Percentage Performed Project/Owner/Architect Contract Amt. Completion Own Forces ADA Modifications for Coronado Rec. $ 18,687.00 1 1/97 90% Dept. (formerly Coronado Women's Club) Upgrade Mens and Womens Facilities to ADa Compliance Owner: City of Coronado Proj. Mgr.: William Cecil, Architect Engineering & Development (619)522-7383 Arch: Same As Above Temp. Shoring @ Muni. Pool $ 2,800.00 10/97 100% Owner City of Coronado Proj. Mgr: Ed Walton, Acting Dir. Engineering & Development (619)522-7383 Arch: None CAO Office Lobby/Reception Remodel $14,694.00 9/97 98% Owner: County of San Diego Proj. Mgr.: Dariene Cervantes (619)694-2047 Arch: County of San Diego F&l (2) Sets French Doors $3,030.00 9/97 100% w/electronic locking/ Comm'l Bldg. Owner: Mr. Jim Nicholas (619)203-7205 Arch: None Environmental Lab Remodel $17,161.00 8/97 90% Owner: County of San Diego Proj. Mgr.: Jim Bakke (619)495-5370 Arch: County of San Diego DPW Div. II - Office Remodel $16,335.00 8/97 90% San Marcos, Ca Owner: County of San Diego Proj. Mgr.: Richard Richardson (619)694-2657 Arch: County of San Diego Lesicka & Joy Construction Addenda B / Jobs Complete Continued Proiect/Owner/Architect Contract Amt. Date of Percentage Performed Completion Own Forces (2) Bath Remodels $9,731.00 Dept. of Public Works, San Marcos Owner: County of San Diego Proj. Mgr.: Richard Richardson (619)694-2657 Arch: County of San Diego Carter Custom Res. $ 7,438.00 Custom Cabinetry/Finish Meridian Complex San Diego, CA Owner: Curt & Ramey Carter (619)296-2100 Arch: None Res. Remodel & Site Work $41,000.00 Owner: Sally Johnson (619)344-0334 Arch: Design/Build - L&J Const. 8/97 90% 7/97 100% 7/97 99% DPWRoadStn. Improvements $12,953.00 Ramona, CA Owner: County of San Diego Proj. Mgr.: Jim Bakke (619)495-5370 Ins./Bath Repair/Replacement $ 2,462.00 San Diego, CA Owner: Mike & Dawn Lesicka (619)566-3545 Correct Water/Install Drain $1,540.00 Owner: University of California La Jolla, CA Proj. Mgr.: B. Helbert (619)534-0311 6/97 80% 4/97 3/97 95% 99% NOTE: We have also performed numerous smaller res. & comm'l jobs, not listed above. 12/97 - LESICKA & JOY CONSTRUCTION CO. JOBS IN PROGRESS Scheduled Project/Owner/Architect Contract Amt. % Complete Completion (Contract Pending) Center for the Performing Arts $43,657.00 0% 30 Days Additional Doors & Misc. Electrical Work Owner: City of Poway Proj. Mgr.: Omar Moheize (619)679-4222 V. CONTRACT PUBLIC WORKS This agreement is made this \34-bi day of vHf)Jbhi^^u^i\ _ , 19 9^, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Le.sigJL-A i J^ay C^/^^u/t.',,^ _ whose principal place of business is 3 C=>o ftt\t*-\^- r\*r« stN c A e\-i~-( I/- _ (hereinafter called "Contractor. ' l City and Contractor agree as follows: 1 . Description of Work. Contractor shall perform all work specified in the Contract documents for: Elmwood House ADA Improvements - Contract No. FAC98-2 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to 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) 1994 Edition, and the 1995 and 1996 supplements thereto. hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 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 11/05/97 Contract No. FAC98-2 Page 26 of 55 Pages may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 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, 11/05/97 Contract No. FAC98-2 Page 27 of 55 Pages except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) 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 occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Automobile Liability Insurance: $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. 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 contain, or are endorsed to contain, the following provisions. General Liability, Employers' Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, employers' liability and auto liability coverage. 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. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 11/05/97 Contract No. FAC98-2 Page 28 of 55 Pages „, d. Coverage shall state that the contractor's insurance shall apply separately to each insured <ww, against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, coverage shall be maintained for a period of three years following the date of completion of the work. (D) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (E) Oeductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (F) Waiver Of Subrogation. All policies of insurance required under this agreement 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. (G) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. :,.- (H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City 11/05/97 Contract No. FAC98-2 Page 29 of 55 Pages must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. I have read and understand all provisions of Section 11 above. (Initial) 12. Maintenance of Records. Contractor shall maintain and make Available at no^ost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. A•K 11/05/97 Contract No. FAC98-2 Page 30 of 55 Pages 11/05/97 Contract No. FAC98-2 Page 31 of 55 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the W "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: By: iAD/^nurycjpal corporation of i? (print name and title) (sign here) >v (print name and title) / 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 JANE M0BALDI Deputwuity Attorney 11/05/97 Contract No. FAC98-2 Page 32 of 55 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 I State Of California County Of San Diego On January 20, 1998 before 1716,Cynthia J. Barnett, notary public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Rex M. Lesicka & Thomas P. Joy NAME(S) OF SIGNER(S) D personally known to me - OR - & proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CYNTHIA J. BARNETT K COMM. #1048439 o NOTARY PUBLIC-CALIFORNIA WSAN DIEGO COUNTY OMy Commission Expires -* ' DECEMBER 29,1998 | WITNESS my hand and official seal. SIGNATUREOF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER TITLE(S) S PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYflES) Lesicka & Joy Construction Co SIGNER(S) OTHER THAN NAMED ABOVE O1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 JAH-19-78 MOH 11:21 LESICKA & JOY 619 2823685+ P.07 1 f Bond No. 56555 Premium $832.00 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by ResolutionNo. 98-13 . adopted January 13. 1998 has awarded to Lesicka & Joy Construction Company (hereinafter designated as the "Principal"), a Contract for :Eimwooct House ADA Improvements Contract No. FAC9B-2 in th« City ot Carlsbad, in strict conformity with th« drawings and specifications, and other Contract Documents now on file lit the Office of Dm City Cleik of the Cily of Carlsbad and all of which are Incorporated herein by this reference. WHERKAS, Principal has executed or Is about to execute said Contract and the terms thereof require the furnishing ot a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the perfornianr.fi of thfi work agrfiftrt to h« done, or for any work or labor rtnnfi thereon of any kind, the Surely «.)i. this bond will pay the same to the extent hereinafter set forth. NOW, THiRIFORg, WE, Lesicka & Joy Construction Co. American Contractors Indemnity as Principal, (hereinafter designated as the "Contractor"), and Company aa Sunny, are held firmly bound unto the City of Carlsbad in th« sum ot tifgeen^- Thousand Seven Hundred Fifty and 00/100 Dollars ($ 15.750.00 j. said sum being fifty percent (50%) of the estimated amount payable by thft Cily of Carlsbad under the terms of the Contract, for which payment well and truly to be madft 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 person or his/her subcontractors fall to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due undftr th« Unemployment Insurance Code with respect to such work or labor, 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 such work arid labor that the Surely will pay for the eame, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file Claims under Title 15 of f'art 4 of Division H of the Civil Code (commencing with section MOH'/>). Surety stipulates and agrees that no change, extension cf time, alteration or addition to the terms of tho Contract, or to thft 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 »o th« specifications. In the nvftnt that Contractor Is an individual, it is agreed that the death of any such Contractor shaM 11/O5/97 Contract No. FAC98-2 Pane 33 of 55 Pagoe JAN-19-78 MON 11:22 LESICKA & JOY 619 2823685+P. 08 not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 19th day of January 19_98 Executed by SURETY this. oj January 19th .day CONTRACTOR: Lesicka & Joy Construction Co. (name of Contractor) . 19 98 SURETY: (sigrf here) Rex,M. Lesacka, (print name here) Partner American Contractors Indemnity Company (name of Surety) lOSl^Camino.del-Rlg South, Suite 107San Diego, CA 92IU8 (address of Surety) (619)297-2900 (telephone number of Surety) (sign hero) Thomas Joy signature of Cynthia J. Barnett (print name here) Partner (printed name of AUorney-in-Fact) (attach corporate resolution showing current power of attorney) * and organizalioti of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) 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 tho secretory or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: __^_ JANE MOSALDI Deputy (>W Attorney 11/05/9/Contract No. rAC9Q.2 Page 34 of SS Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 1-19-98 before me, SHERYL SMITH, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER • E G . -JANE OOE. NOTARY PUBLIC' CYNTHIA J. BARNETTpersonally appeared NAMElSlOFSIGNEfllSI oixpersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person^ whose name(2§$ is/&£8 subscribed to the within instrument and ac- knowledged to me that X^she/J&g^ executed the same in x&te/her/8SS$f authorized capacity^®), and that by }®s?her/3iS¥# signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *''ggg£-T ", w!Sai-ip*f%f* SHERYL SMITHCOMM. #1060479 o SAN' ^L?~y'A oMy CoTimissicr; 'V'j'Yes *=*Ij WITNESS my hand and official seal. BESTORIGINAL OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL G CORPORATE OFFICER TTTLEIS) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) G GUARDIAN/CONSERVATOR Q OTHER: SIGNER IS REPRESENTING: NAME OF PeflSON(S) OR ENTTTY(ieS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I a&j&s&aaa&szaxsz^^ ICW GP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 111 «. . , CaliforniaState of County Of San Diego On January 19, 1998 before DATE personally appeared Rex it personally known to me - OR - D xg^fi^ CYNTHIA J. BARNETT f u@L&mi\ COMM. #1048489 o N «UEBGL0^FN°fVNlA §o VSS^yy My Commission Expires -» 1 Nggj!^ ' DECEMBER 29. 1998 || me, Cynthia J. Barnett, notary public NAME, TrTLE OF OFFICER - EG., 'JANE DOE, NOTARY PUBLIC" M. Lesicka & Thomas F. Joy NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (^X/^y>06^^c~7' A^Axurouf 1) SIGNATURE OF NOJARY Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER H PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY{IES) Lesicka & Joy Construction Co. RWWy¥-WP^a??«aps«f«^aap^saa«?aaaa TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ^IfiNFRf^ HTHFR THAN NAMFH AROVF J333S2338S?S&S&&&>S&^^ O1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 A American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ATI. MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Cynthia J. Harriett as its true and lawful Attorney(s)-in-fact, in amount of $ unlimited to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or saai certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal |^J be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed^nd its corporate seal to be affixed by its authorized officer this 26th day of March ^ , 19 ?' . IMPANY STATE OF CALIFORNIA COUNTY OF LOS ANGELES On March 26, 1997 before me AMERICAN CO By: / Deborah Reese _, personally appeared Andv FaustV./11 _ ----- VWAW* V 1AAW) _-_-.-__ -u__--- _ . - - J ^*Ni»A VJW ftAtUl T UL/LSVCU WU ___ .f^UVJT A t*liOV personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. H^^*^M*^hi^^te4tA^^M^' WTTNESSjny hand and official seal. 1 ^^^\ DEBORAH REESE I i DEBORAH REESE COMM. * 1048684 5 Notary Public - California > LOS ANGELES COUNTY My Comm. Expires JAN 16.1999 CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company st forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are ISSfrect transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this.19th day of January .,19 98 »r»T-a t- Q-TTT JAN-19-78 MON 11:22 LESICKft & JOY 619 2323685+ P. 09 Bond No. 56555 Premium $832.00 ** based on final contract price** FAITHFUL PERFORMANCE/WARRANTY BOND WHER6AS, the Cily Council of the City of Carlsbad, Stale of California, by Resolution No. 98-13 adopted January 13, 1998 , has awarded to Lesicka & Joy Construction Company (horoinoftcr designated as the "Principal"), a Contract tor: Elmwood House ADA Improvements Contract No. FAC98-2 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 Cily or Cailsbad, all of which »r« 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 Ihw failhful performance and warranty of said Contract; NOW, THEREFORE, WE. Lesicka & Joy Construction Co. as Prjncjpal (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company , , as Surety, are held and tirmiy bound unto the City of Carlsbad. Thirty One Thousand Five in the sum of Hundrod and OO/ lnn Dollars (S IT, son.00 1. said sum being equal to one hundred percent" (106°/S) 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 thai if Hie abovo bounden Contractor, their heirs, oxocutors, 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 rnnnnfir 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 aod effect. 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 hy the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees Uial no change, extension of time, alteration or addition to the terms of the Contract, or to the work to bo performed thereunder or the specifications accompanying the same «ih#|l affect its obligations on this bond, and It does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the Qvont that Contractor is an individual, it is agreed that the death of any such Contractor choil not exonerate the Surety from its obligations under this bond. 11/05/97 Contract No. FAC98-2 Page 35 of 55 Pages JAN-19-78 MON 11:23 LESICKA JOY 619 2823685+P. 10 Executed by CONTRACTOR this 19th day of January , 1 g 98 . CONTRACTOR: Lesicka, & .Toy Co. (name of Contractor 7 (sig/i here) Rex M. /Lesicka, Partner (print name here) Partner (Title and Organization of Signatory) By:(UU)\aA/nJL (sign here) Partner Executed by SURETY this 19th r«*y of January . 19 98 . SURETY: (name of Surety)1081 Camlno del Rio South #107 San Diego, CA 92108 (address of Surety) (619)297-2900 (telephone number of ^Surety) (signature of Attorney-in-rafct) Cynthia J. Barnett, attorney in fact (print name here) (printed namo of Attorney- In Fact) (Attach corporate resolution showing current power of attorney.) 'W- (Tiiie and Organization of signatory) (Proper notarial acknowledge of oxocution by CONTRACTOR and SURETY must be attached.) (President or vice president and secretary or assistant secretary must sign for corporations. If only OHO officer signs, the corporation must attach a resolution certified by the s«r.ri»tary or assistant sucielHjy under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: JANE M#§ALt>l Deputy jC5ity Attorney 11/05/97 Contract No. FAC88-3 Page 36 of 55 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 1-19-98 before me, SHERYL SMITH, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER -EG.. "JANE DOE. NOTARY PUBLIC" CYNTHIA J. BARNETTpersonally appeared NAM6(S)OF SIGNERcS) GJkpersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person($$ whose name(®$ \s/W§ subscribed to the within instrument and ac- knowledged to me that &e?she/*Sg^ executed the same in 3&fe/her/:Q3®f authorized capacity^es), and that by 3®§?her#Wft signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.<:•COMM. #1060479NOTARY PUEUC-CAUTORNIA W SAf ' • • 9-..-' sissi ares N? 4, "?WITNESS my hand icial seal. OPTIONAL Though the data below Ts rlotTequired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) G GUARDIAN/CONSERVATOR D OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: \ ! L NAME OF P€HSON(S) OR £NT1TY(I6S) SIGNER(S) OTHER THAN NAMED ABOVE aasgpfcaagMgagagaaga^^ } 1 ICW GP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 aoe-GooopcaBcasoogeasg'gigigcgggiccBBgigigig i |! State Of California j Countv of San Die8°iJ | On January 19, 1998 before j DATE } personally aooeared Rex ii \ m personally known to me - OR - D!i i i i i5 | \ iiii ( taOprg^ Q^-^VirfJTVTVTrT,rfflFiT?iFf.7T!rTrlPOP^?T?^- _ . _--^jPCrVjJVJTr1L'T_r^-irni.i irVi f^^^^f. 1710. Cynthia J. Barnett, notary public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" M. Lesicka & Thomas F. Joy NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 I* /) / ^"^ 1 j ^ •{^^y^bLLu^C y(^j-AJ^j^4~ V SIGNATURE OF NOTARY ^ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent j fraudulent reattachment of this form. 1 S CAPACITY CLAIMED BY SIGNER( 1 D INDIVIDUAL j D CORPORATE OFFICER i8 j TITLE(S) | S H PARTNER(S) D LIMITED < D GENERAL j D ATTORNEY-IN-FACT | D TRUSTEE(S) | D GUARDIAN/CONSERVATOR S D OTHER:1 1 J SIGNER IS REPRESENTING: S NAME OF PERSON(S) OR ENTITY(IES) J Lesicka & Joy Construction Co.i J \ DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE | !i i ji 88888832g111 88881IS \\ \ \ \ i&ss&a&esae&t^^ ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 A American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Cynthia J. Barnett as its true and lawful Attorney(s)-in-fact, in amount of $ unlimited to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attomey-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal [ be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall tfalid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed^nd its corporate seal to be affixed by its authorized officer this 26th jay of March ^ jo 9T STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN CONTJACTQR^lNpEMNiTY COMPANY By: On March 26. 1997 before me> Deborah Reese personally appeared Andv Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. b*^^**^^^^^*^^^*^^,^^^ WITNESS/my hand and official seal. I x£^^\ DEBORAH REESE Fi - */• ^.IJLV\ COMM.* 1048664 f Notary Public - California > LOS ANGELES COUNTY My Comm. Expires JAN 14.1999 CERTIFICATION '••••»•• •••••< I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company ajwet forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SATO COMPANY, and that same are ^^,301 transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 19th day of January ^ 98 S. SugitaT Asst. Secretary OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and 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 for Elmwood House ADA Improvements - Contract No. FAC98-2 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow 11/05/97 Contract No. FAC98-2 Page 38 of 55 Pages Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title Name Signature Address _ For Contractor: Title 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. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title Name 11/05/97 Contract No. FAC98-2 Page 39 of 55 Pages Signature For Contractor: For Escrow Agent: Address Title Name Signature Address Title Name Signature Address 11/05/97 Contract No. FAC98-2 Page 40 of 55 Pages SPECIAL PROVISIONS C FOR ELMWOOD HOUSE ADA IMPROVEMENTS CONTRACT NO. FAC98-2 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 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: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. o 11/05/97 Contract No. FAC98-2 Page 41 of 55 Pages City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector-the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the Facilities Superintendent of the City of Carlsbad or his/her approved representative. Senior Inspector - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph 11/05/97 Contract No. FAC98-2 Page 42 of 55 Pages having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1994 Edition, and the 1995 and 1996 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The construction plans consist of 1 set of drawings. The set is designated as City of Carlsbad Drawing No. FAC98-2 and consists of 4 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions. 2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: 11/05/97 Contract No. FAC98-2 Page 43 of 55 Pages "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-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra 11/05/97 Contract No. FAC98-2 Page 44 of 55 Pages 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 & Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any, The labor rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS, delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6- 7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, o 11/05/97 Contract No. FAC98-2 Page 45 of 55 Pages Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which he may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: 11/05/97 Contract No. FAC98-2 Page 46 of 55 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) 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)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses 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 11/05/97 Contract No. FAC98-2 Page 47 of 55 Pages purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Contractor shall furnish Engineer with such "*""' information as may be necessary to keep the Engineer fully informed regarding progress and 1 1/05/97 Contract No. FAC98-2 Page 48 of 55 Pages manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. SECTION 5 - UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 11/05/97 Contract No. FAC98-2 Page 49 of 55 Pages SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: The Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes various facility alterations to comply with required ADA Improvements. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 45 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 11/05/97 Contract No. FAC98-2 Page 50 of 55 Pages No work shall be performed by the contractor after the normal working hours stated above.. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one (1 ) year after recordation of a "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty- five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred and fifty dollars ($250.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that have a rating in 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. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. 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 11/05/97 Contract No. FAC98-2 Page 51 of 55 Pages control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. SECTION 9 - MEASUREMENT & PAYMENT 9-3 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for his information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by 11/05/97 Contract No. FAC98-2 Page 52 of 55 Pages the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall retain 1 0 percent of such estimated value of the work done and 1 0 percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and materials and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him to give such consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No claim will be considered that was not included in this written statement, nor will any claim be allowed 11/05/97 Contract No. FAC98-2 Page 53 of 55 Pages 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 receipt of the written statement or further information, whichever is longer, for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will be included in the progress estimate. 11/05/97 Contract No. FAC98-2 Page 54 of 55 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2 CONSTRUCTION PLAN FAC98-2 11/05/97 Contract No. FAC98-2 Page 55 of 55 Pages