HomeMy WebLinkAboutLesicka Development Inc; 2001-09-05; FAC01-11DOC # 2002-0176737
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
Carlsbad CA 92008
1200 Carlsbad Village Drive
Space above for Recorder's use
NOTICE OF COMPLETION
Notice is hereby given that:
I. The undersigned is owner of interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on December 4,
6. The name of the contractor, if any, for such work of improvement is Lesicka Construction Co.
7. The property on which said work of improvement was completed is in the City of Carlsbad, County
Concrete Block Containment Enclosure for an Emergency Chlorine Scrubber System at the
Carlsbad Swim Complex - Contract No. FACO1-11
Carlsbad Swim Complex, 3401 Monroe Street, Carlsbad, California 92008
2001.
of San Diego, State of California, and is described as follows:
8. The street address of said property is:
CITY-OF CARLSBAP
Publ&horks Manager/General Services
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the City
Council of said City on February 19 ,2002 accepted the above work as completed
and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 20 , 2002 at Carlsbad, California
~ARLSBAD .
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
Concrete Block Containment
Enclosure for An Emergency
Chlorine Scrubber System at
the Carlsbad Swim Complex
CONTRACT NO. FACOl-11
September11,2000
Contract No. FACOl-11 Page 1 of 59 Pages
TABLE OF CONTENTS m Paqe
Notice Inviting Bids ........................................................................................................................ 4
Contractor’s Proposal .................................................................................................................... 8
Bid Security Form .......................................................................................................................... 11
Bidder’s Bond To Accompany Proposal ....................................................................................... 12
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s
Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor
Work” Forms .......................................................................................................................... 14
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. 16
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............ 17
Bidder’s Statement Of Financial Responsibility ............................................................................ 18
Bidder’s Statement Of Technical Ability And Experience ............................................................. 19
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
.......................................................................................... 20 Liability And Workers’ Compensation
Bidder’s Statement Of Re Debarment .......................................................................................... 21
Bidder’s Disclosure Of Discipline Record ......................................................................... 22
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 24
Contract Public Works ................................................................................................................... 25
Labor And Materials Bond ............................................................................................................. 31
Faithful Performance/Warranty Bond ........................................................................................... 33
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ....................................... 35
, .A.
Part 1 General Provisions
Section 1
l-l
1-2
1-3
_- Section 2
2-3 2-4
Terms, Definitions Abbreviations And Symbols
Terms . ..*..............................*................*........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~...................... 38
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*........................................*.... 3%
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Scope And Control Of The Work
Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Contract Bonds . . . . . . . ..*........*........................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SUPPLEMENTAL PROVISIONS
9/l 1 /oo Contract No. FAG01 -11 Page 2 of 59 Pages
2-5 .- 2-10
Section 3 Changes In Work
3-2 Changes Initiated by the Agency ......................................................................... 43
3-3 Extra Work ............................................................................................................ 43
3-4 Changed Conditions ............................................................................................. 44
3-5 Disputed Work ...................................................................................................... 45
Section 4
4-1
4-2
Section 5
5-l
5-4
Section 6
6-l
6-2
6-6
6-7
6-8
6-9
.- Section 7
7-3
7-4
7-5
7-7
7-8
7-10
7-13
Section 9 Measurement and Payment
9-l Measurement Of Quantities For Unit Price Work . . . . . . . . . . . . . . . . . . . . . ..*......................... 57
9-3 Payment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
-_
Plans And Specifications . . . . . . . . . . . . . . . . . . . . ..*........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Authority Of Board And Public Works Manager/General Services or his designee. 43
Control Of Materials
Materials And Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Utilities
Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...*... 49
Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................ 49
Prosecution Of Work ..................................... ....................................................... 53
Delays And Extensions Of Time .......................................................................... 53
Time of Completion .............................................................................................. 53
Completion And Acceptance ......................... ....................................................... 53
Liquidated Damages ............................................................................................ 54
Responsibilities Of The Contractor Liability insurance ................................................................................................. 54
Workers’ Compensation Insurance ...................................................................... 54
Permits ................................................................................................................. 54
Cooperation and Collateral Work ......................................................................... 55
Project Site Maintenance ..................................................................................... 55
Public Convenience And Safety.. ......................................................................... 55
Laws To Be Observed ................................... ....................................................... 57
9/l 1 /oo Contract No. FACOl’-1 1 Page 3 of 59 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:00 p.m. on July 19,2001, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: Construct a concrete block containment
enclosure that includes utility hook ups (electrical & gas) to the emergency chlorine scrubber that is
currently being manufactured.
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard Soecifications for Public Works Construction, 1997 Edition, and the
1998 and 1999 supolements thereto , all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental
provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work.
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 utilite recycled and recyclable materials when available, appropriate and approved by the Public
Works Manager/General Services or his designee.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
-. per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are:
9/l l/O0 Contract No. FAG01 -11 Page 4 of 59 Pages
1. Contractor’s Proposal 2. Bidder’s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and Experience
8. Acknowiedgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. lO.Bidder s Statement Re Debarment 11 .Bidder’s Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Public Works Manager/General Services or his
designee’s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Public Works Manager/General Services or his designee’s Estimate is
$40,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid (does not) involve federal
funds. The following classifications are acceptable for this contract: “B”
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier’s Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Public Works Manager/General Services or his designee a
written request for clarification or correction. Any response will be made only by a written addendum
duly issued by the Public Works Manager/General Services or his designee a copy of which will be
mailed or delivered to each person receiving a set of the contract documents. No oral response will
be made to such inquiry. Prior to the award of the contract, no addition to, modification of or
interpretation of any provision In the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as herelnbsfore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
w w 9/l 1 /oo Contract No. FACOl-11 Page 5 of 59 Pages
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 Public Works Manager/General Services or his designee. 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 Public Works Manager/General Services or his
designee 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 pre-bid meeting and tour of the project site will be held at the Swim Complex, 3401 Monroe
Street on Monday, July 2,200l at lo: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 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
wriien in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($S,OOO,OOO) and does not exceed ten million
dollars ($1 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 O,OOO,OOO).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurers 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:
9/l 1 /oo Contract No. FACOl-11 Page 6 of 59 Pages
1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
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.
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.
-. Approved by the City Council of the City of Carlsbad, California,
on the cday of June, 2001
by Resolution No. 2001-l 61 adopted
l//3- 0 J
Date
.-
9/l l/00 Contract No. FACOl-11 Page 7 of 59 Pages
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City
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Council
CITY OF CARLSBAD
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the C&bad Swim CornpIe;
CONTRACTOR’S PROPOSAL
OPENED, WITNE ‘SS EL) P&3 i.,CORDE
City of Carfsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the locatfon of the work, read the Notice
Inviting Bids, examined the :Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. FACOl-11 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit:
Total Lump sum amount of by; s:rx~L A - i?kt!&d nrnl .A d .Jd /
4gdr’lacr c OThh _ f 39.927. 4 -
.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). ti s cL 1
proposal.
has/have been received and is/are included in this I
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 Cii
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 securii of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacJyXoAa contractor within the State alifomia, validly licensed under
license number 7Ls s , classification which expires on
si/-g\/a7.
an affidavit. ’ ’ t and that this statement is true and correct and has the legal effect of
i
’ 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 Cii
9 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 5 20104.
‘.
9/l 1 /oo Contract No. FACOl-11 Page 8 of 59 Pages
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carfsbad 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, fin-n, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is -;) .’ & 3 o h 3
Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond or
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.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: 4 p /
(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 PARTN /: h /
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
Contract No. FACOl-11 Page 9 of 59 Pages
IF A CORPORATION. SIGN HERE:
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(1) Name underwhich business is conducted.!+ c<‘, , 1. - .uO+fik .-kc . h L-
(2)
.
Impress Corporate Seal here
(3) incorporated under the laws of the State of C A i. c-r. - .
(4) Place of Business -2-914 Mcnrl AJ~ .
(Streeyand Number)
City and State
(5) Zip Code 9 L \ \ 6 Telephone No. L \/+L% t- 3G r(o
I
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:
Contract No. FACOl-11 Page 10 of 59 Pages
:ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of cALIPoBNIA
County of SAN DIJZo
On 19 JULY 2001 before me, WENDY H. DOWNS, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G., ‘JANE DOE. NOTARY PUBLIC
personally appeared REX M- LE~I~KA t
NAME(S) OF SIGNER(S)
0 personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person($) whose name($) is&e
subscribed to the within instrument and ac-
knowledged to me that he/&&hey executed
the same in his&&their authorized
capacity@+, and that by hisHteHt&
signature(b) on the instrument the person(S),
or the entity upon behalf of which the
person(t) acted, executed the instrument.
SIGNATURE OF NOTARY
Though the date below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFICER
I PBESIDWT TITLE OR TYPE OF DOCUMENT TmyS)
0 PARTNER(S) q LlMlTED
0 GENERAL
0 ATTORNEY-IN-FACT
[7 TRUSTEE(S)
1 GU3U;WCONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: ~oFPOSSON(S)~EHITIY(IES)
LESICKA DEVELOPMENT INC. DBA SIGNER(S) OTHER THAN NAMED ABOVE LESICKA CONSTRUCTION CO.
STATE OF California
COUNTY OF San Dieoo >
ss.
On 19 Julv 2001 , before me, Wendv H. Downs, Notary Public
PERSONALLY APPEARED Nancv D. Lesicka
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authortzed
capacity(ies). and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and off$ial seal.
Signature This atlea for O&id Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and couid
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCIJMENT
q INDIVIDUAL
@ CORPORATE OFFICER
Vice President, Secretary, Treasurer
T(TLE(S)
TITLE OF TYPE OF DOCUMENT
q PARTNER(S) 0 LIMITED
q GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
NUMBER OF PAGES
0 OTHER: 19 Julv 2001 DATE OF DOCUMENT
SffiNER IS REPRESENTING:
NAME CM= PERSON(S) OR ENTITYDE~
Lesicka Development Inc. dba
Lesicka Construction Co.
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6&M ALL-PURPOSE ACKNOWLEDGEMENT
. .
BID SECURlWF6RM
(Check to Accompany Bid)
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
.At the Carlsbad Swim Complex .
(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.)
9/l 1 /oo‘ Contract No. FACOl-11 Page 11 of 59 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for ,
AnEmergeriey Chlorine Scrubber System
At the Carlsbad Swim Complex
KNOW ALL PERSONS BY THESE PRESENTS: LESICKA DEVELOPMENT INC.
mtwe,DBA LESICKA CONSTRUCTION CO. J as Principal, and INDEMNITY COMPANY OF CALIF()RNIA
as Surety are hefd and firmly bound unto the City of Cansbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) TIQJ pERc~ (10%) OF BID 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 OBLIGATtON IS SUCH that if the proposal of the above-
bounden Principal for:
Concrete Block Containment Enclosure for an Emergency Chlorine Scrubber System at the
Carlabad Swim Complex - Contmot No. FAG0101 1.
In the City of Carlsbad, is accepted by the Clty Council, and if the Principai shall duly enter Into and
execute a Contract including required bonds and insurance policies wlthln twenty (20) days from the
date of award of Contract by the City Coundl of the City of Carfsbad, 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 speclfled herein shalf be forfeited to the said City.
. . .
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. . . In the event Principal executed this bond as an indlvldual, it is agreed that the death of Ptincipal shall
not exonerate the Surety from its obllgatfons under this bond.
Executed by PRINCIPAL this 19TH day of JULY ,200l --
PRINCIPAL: LESICKA DEVELOPMENT INC.
DBA I;ESICKA CONSTRUCTION CO. Executed by SlJRElY this of JULY Wday --
SURETY:
(print name here) '3as~L*r) INDRHNITY coMPANYoP CALIFORNIA Le;\LL- ~~~~~met(na,of$urety) . es mcTLm- cu.17780 FITCH
(sign here)
d Anc4 b. LSLLC-
IRVINE, CA 92614
(address of Surety)
800-782-1546 )
(title and organizatlon of signatory) UENDYH. DOWNS
(printed name of Attorney-in-Fact)
,- (Attach corporate resotution showing current power of attorney.)
(Prop notarial ~cknowtedgment of executton by PRINCIPAL and SURETY must be attached.)
(Pm&dent or vice-president and secretary or assistant secrwtary must sign for coporatIons. If only one officer signs, the corporation must attach a resolutin certified by the secretary or asslstant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
\ L BY ,-&-3
Deputy Ci& Attorney
_-
LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
On 19 JULY 2001 beforeme BROOKE LAFRENZ, NOTARY PUBLIC I ,
DATE NAME. TITLE OF OFFICER -E.G., -JANE DOE, NOTARY PUBLIC
personally appeared WENDY H. DOWNS I
NAME(S) OF SIGNER(S)
0 personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person(S) whose name&) is/-are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in h-is/her/t-l&~ authorized
capacity&+), and that by his/her/tR&
signature($) on the instrument the person($),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
t? I ATURE_Ps)NOTAAY
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 DESCRIPTIDN OF AllACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LlMlTED
0 GENERAL q AlTORNEY-IN-FACT
0 TRUSTEE(S)
g ylJ;;lAN/CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENlTl’Y(IES) SURETY SIGNER(S) OTHER THAN NAMED ABOVE
‘ .
L POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA Y-- PO BOX 19725, IRVINE, CA 92623 l (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each scvcrally, but not jointly, hereby make, constitute and appoint:
***WENDY H. DOWNS, LARRY D. COGDILL, INGRID ERIKA CROSBY, BROOKE LAFRENZ
MICHAEL W. THOMAS, JOINTLY OR SEVERALLY***
as the true and lawful Attomcy(s)-in-Fact, to make, exccutc, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to do and to perform cvcry act necessary, rcquisitc or proper to bc done in
connection therewith as each of said corporations could do, but rcscrving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attorney(s)-in-Fact, pursuant to thcsc prcscnts, arc hereby ratified and confimled.
This Power of Attomcy is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, cffectivc as of Novcmbcr I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation bc, and that each of them hereby is? authorizcd to cxecutc Powers of
Attomcy, qualifying the attomcy(s) named in the Powers of Attomcy to exccutc, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the
Secretary or any Assistant Sccrctary of the corporations bc, and each of them hcrcby is, authorizcd to attest the cxccution of any such Power ofAttorney;
RESOLVED, FURTHER, that the signatures of such officers may bc affixed to any such Power ofAttorney or to any certiticatc relating thereto by facsimile, and any such
Power ofAttorncy or ccrtiIicatc bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with rcspcct to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Sth day of November, 2000.
,F . .
David H. Rhodes, Executive Vice President
By: 1/1/i/, L
Walter A. Crowell, Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE 1
On November 8, 2000, bcforc me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowcll, personally known to me (or proved to me on the basis of
satisfactory cvidcncc) to bc the persons whose names arc subscribed to the within instrument and acknowlcdgcd to me that they exccutcd the same in their authorized
capacities, and that by their signahircs on the instrument the entity upon behalf of which the persons acted, cxecutcd the instrument.
WITNESS my hand and official seal
Signature >mA bk
CERTIFJCATE
The undcmigncd, as Chief Operating Ofiiccr of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power ofAttor ncy. arc in force as of rhc date of this Ccrtificatc.
Ahis Ccrtificatc is cxccutcd in the City of Irvin,, California, the 19m day of J-ELY 2001 ~___-. ,
By a ” #---
David G. Lane, Chief Operating Officer
ID-1380 (I l/00)
.
-
:ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
On 19 JULY 2001 before me, WENDY H. DOWNS, NOTARY PDBLIC I
DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC
personally appeared B M- LESI~KA 9
NAME(S) OF SIGNER(S)
0 personally known to me - OR - &I proved to me on the basis of satisfactory evidence
to be the person(S) whose name(d) is/we
subscribed to the within instrument and ac-
knowledged to me that he/sheMey executed
the same in his/her/t-he-h authorized
capacity&-s), and that by his&t&-their
signature(b) on the instrument the person@),
or the entity upon behalf of which the
person($) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
@I CORPORATE OFFICER
PRESIDENT TlTLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LlMlTED q GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
c] OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SJGNER IS REPRESENTING: ~~pERsoN(s)~oNTIpI(IEs)
LESICKA DEVELOPMENT INC. DBA SIGNER(S) OTHER THAN NAMED ABOVE
LESICKA CONSTRUCTION CO.
-
STATE OF California
COUNTY OF San Dieao
On lQJuh/2001 , before me, Wendv H. Downs, Notarv Public
PERSONALLY APPEARED Nanw D. Lesicka
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 acknowledged 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.
WlTNESS my hand and offIc$tl s@.
Signature &/L
I * This area for o&id N0tm.d seal
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 SIGBJER DESCRIPTION OF AnAcHED DOCDMEBT
0 INDIVIDUAL
0 CORPORATE OFFICER Vice President, Secretary, Treasurer
TITLE(S)
TITLE OF TYPE OF DOCUMENT
0 PARTNER(S) q LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
q TRUSTEE(S)
0 GUARDIAN/CONSERVATOR q OTHER: 19 July 2001
DATE OF DOCUMENT
SlGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTYflES)
Lesicka Development Inc. dba
Lesicka Construction Co.
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
I I.
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GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner OperatorLessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, “Bid’, “Bidder”, “Contract”, “Contractor”, ‘Contract Price”, “Contract Unit Price”, ‘Public Works Manager/General Services or his designee”,
“Subcontractor“ and “Work” and the definitions in section l-2 of the Supplemental 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 Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder’s own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Public Works Manager/General Services or his designee on the ‘Contractor’s Proposal” are not included in computing the percentage of work
proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or ten
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor’s decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms 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.
Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the
Bidder’s overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns “Amount of Subcontracted Bid Item Including
Subcontractor’s Overhead & Profit” or ’ Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor’s Overhead & Profit * unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder’s
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder’s overhead and profit, shall be multiplied by,the Quantity of the bid .kem that the
9/l 1 loo Contract No. FACOl-11 Page 14 of 59 Pages
I: 1 /- I I al I I d II 1 - i
I I 1 I II a I ,- 1 a
Subcontractor or Owner Operator/Lessor Installs to compute the amount of work so installed.
Suppliers of materials from sources outside the limits of work are not SUbcontractOr& The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated In
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
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 page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
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 shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fii percent (50%) of the work with its own forces.
Determination of the subcontract ‘and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by th8 City Council in conformance with the provisions of the contract documents and’the Supplemental Provisions. The decision of the City Council shall be final.
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A.:*..,:, I ,,:.,, ii
Q/l 1 /OO Contract No. FACOl-11 Page 15 of 59 Pages
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DESIGNATCON OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NO., FACOI -11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carl&ad Swlm Complex
.
I) I 1: 1 1 J I8 II’ Full Company Name of Subcontractor:
II u- II u SUBCONTRACTOR’S Bid ITEMS
1 ,MQ3
FACOl-11 ConcrW Block Contdnmsnt~ Enclorura for an Emergency Chlorine SCNbbOr
Sy8tem at the Carl&ad Swim Complex The Bidder certifies that it has used the sub-bid of the following listed sukontrackr In preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the spedflcations 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 in excess of than one-half of one percent (0.5Oh) of the Bidder’s total bid or ten thousand dollars ($lO;OOO) which ever is greater and that no changes in the subcontractors listed work will be made
except upon the prior approval of the Agency.
Subcontractor’s Location of Business nrs.’
-stmetAddrem \ ._,’
so, ;\,&I
I
CA C?t\i & *
cltjr .> siate a ~ I,.”
l Suboontractor’s Telephone Number including Area Code: I BT< 1 rSg - (0 6 5c I
‘Subcontractor’s California State Contractors License No. and Classification: 5 L VZ I t
*Subcontract&s Cartsbad Business License No.: u ’ II L d cI yI 1 h
c II
..1
.~~ l3il%Pt - idltemNo.fromttwabkfpropod,paget,~ fhrou h. L hlclushm. Column2-Thedollafamountofttwlte4ntobepeWmedbythe boontmctor. CdUmn3-Theddlaramountdthe~tobeperformeilbyContrectOhomfO~. Column 4 - The dollar amount of the Contmototr overhead and profit for wodc done by both the ContracWr,.and the -8 forces on the Item. I
~;of Colummz, and 4 must be equal to the dollar emaunt In the bid price of the Item on bkf propod - .
Page I pages of this Subcontractor Designation form of I
.
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% ” 9/l 1 IO0 Contract No. FACOl-11 ’ Page 16 of 59 Pages
DESlGNATi0.N OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NO., FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
.
FACW11 Conwete Block Containment Enckwure for an Emergency Chlorine Scrubber
Syrtsm at the Carl&ad Swim Complex
=t=h8 Bidder 08tttft8S that tt has US8d th8 sub-bid Of th8 fOttOWtn$j t&ted SUbcOntractOf tn pleparing this btd for th8 Work and that th8 listed subcontractor wilt b8 US8d to p8rfOn-11 th8 pOrtiOnS Of th8 Work as designated In the ttst In accordance wtth appttcabte provtStonS of the 8 8clftcattons and section 4100 et seq. of the Public Contracts Code ‘Subtetting and Subcontracting B air Practices Act.’ The Bidder further 08rttftes that no additional subcontractor wttt be allowed to perform any portion of the Work in 8xc8sS of than onshatf of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($lO;OOO) whichever is greater and that no changes in the aubconbactors listed work wttl b8 mad8 8XCXpt Upon th8 prior apprOvai Of th8 Agency.
. FultCompanyNameofSubcontmctor. ?l\~r.lS, c-\etk. .-Q C\C.
Subcontractor’s Location of Business \ s 0 5 c\ E= DO s*, k d - b r *
6treetAddrem ‘,.I
-5 Ma? c.A
ctl$ siate py.’ .
‘Sutmntraotots Telephone Number Including Area Code: ( G \% 1 6 CT - 9 7 23
‘Subccntractots California Stat8 Contractors License No. and Ctassiftcatton: 6 9 7 ?.33-
*Subcontractor’s Cartsbad Business Ltoense No.: u n Lc (r nc, b TS
SUBCONTRACTOR’S Bid ITEMS
. Page \ of \ pages of this Subcontractor Designation form I
Q/l l/O0 Contract No. FACOl-11 Page 16 of 59 Pages
DESlGNATiON OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NO. FACOl-11
Concrete Block Contalqtient Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
.
FACOl=W Conoreta Block Contelnment~Enoloaure for an Emergency Chlorine Scrubber
System at the CarWad Swim Compbx
The Bidder c8rttftes that R has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor wttl be us8d to perform the portions of the Work as designated in the ttst in accordance wtth appttcabte provisionS of the spectftcattons and s8ctton 4100
et seq. of the Public contracts Code ‘Subletting and Subcontracting Fair Practices Act.’ Th8 Bidder further certifies that no additional subcontractor wilt be allowed to perform any portion of the Work In
excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($lO;OOO) whidhever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
FuU Company Name of Sutxontraotoc ,ab . . u
Subconfractor’s Location of Business rSo% rsP\PoLJn *
SttwtAddmM \ . ..I. I C,A Tros$
citg state aP “’ ‘I.’
l Subcontrautor‘s Telephone Number in&ding Area code: I 76 0 1 sy k - 6 3 sh-
l Subcontractot’s California State Contractors Ucense No. and Ctasstftcatton: 6 4 I 4 L f
*Subcontractors Cartsbad Business Ltoense No.: tinnfitao30
i996,,< %.Y 3‘7-.
%ns 1 #U&d $ I
q+asIr $
$ $ s
$ $
$ $ $
$ $ $
!ii!iRR - ldltemNo.ffomthabMpmposal,pagea Colunn2oThedollarcYnountaftheltemtobeperformedbythe -Jhnp--h---.~~~~ .
Cdumn3-ThedollaramountattheltemtobeperformedbyContredor’sormIorces. Column 4 - The dollar amount of the ConMotor’s ovedwad and profit for work done by both the Contractor’s and the -8 force8 on the item. Total dollar ~~;of Colu~z, and 4 must be equal to the dollar amount in the bid price of the item on bid prapoeal .Pew- - .
Page ! of ; pages of this Subcontractor Deatgnatton form _‘: ilIP ~ .
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“RKwurtb44104(~)(2)(A)~~~~ock,noriptof~portknrd~1n~pncrdrdbyurussr#r
-c&y doamrntmayk~bylhe~upb24houn~~~nekrarknltltngb16~nsdln~Hotk,. ’ I_ . .‘.
9/l l/O0 Contract No.FACOl-11 Page I6 of 59 Pages
.
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
CONTRACT NO. FACOl-11
Concrete Block Contalnment Enclosure for
An Emergency Chlorlne Scrubber System
At the Carlsbad Swim Complex
FACOl-1 l-Con&e& Block Containment Enclosure for an Emerg8ncy
Byst8m at the Carlsbad Swim Complex The Bidder certifies that it has used the sub-bid of the following listed .Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perfomr the portions of the Work as designated in the list in accordance with applicable provisions of fhe specifications and section 4100 et seq. of the Public Contracts Code ‘Subletting and Subcontra,cbng Fair Practices Act.’ The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in exc8ss of than one-half of one p8E8nt (0.5Oh) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no chan$8s in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business SttwtAddm
‘Owner @8rator/tessor Telephone Number including Area code: 1 1 .
‘Owner Operator/Lessor City of Cartsbad BUSin8SS LicenSS No.:
I$ $
I$ $ $
IS $ $
I$ $ $
\d Item No. from the bid proposal, pages ----Tic induslveo Column2-Theddlaramountaftheitemtobepettonnedbythe opmtorlLessor. Column 3 - The dollar amount of the Item to be performed by Contra&h own forces. Column 4 - The dollar amount of tha Contractors overhead and profit for work dons by both the Contfacto~s and the Owner OperatorAessor’s forces on the item. Total dollar amount of Columns 2,3, and 4 must be equal to the dollar amount In the bid prka of the item on bid proposal
pages - through m, inoluslve.
paw - of pages of this Owner ,Operator/Lessor form
l Pursuant to wctlon 4104 (a)(2)(A) CaMfomia Pubk Contract Coda, recdpt d the potlIon of the bdormatkm preoeded by an asttwbk ~~~onthhdoannentmaybbrubmmsdby~~uplo24howra(tcN~deadlirw,for~~ng~ ootlwmdltltho~ hlvlullgsid8.
9/l 1 too Contract No. FAco1-I Page, 17 of 59 Pages
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BIDDER’S STATEMENT 6F FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorlne Scrubber System
At the Carlsbad Swim Complex
FACOl-1% Concrete Block Containment Enclosure for an Emergency Chlorine Scrubber
System at the Carl&ad Swim Complex
Copies of the latest Annual Report, audited financial statements or Balance Sheets may b8
submitted Under separate cover marked CONFIDENTIAL.
:
Contract No. FACOl-11 Page 18 of 59 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal) CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the CarisbM Swim Complex .
The Bidder is required to state what work oi a similar character to that included in the proposed
C?Ontt?Xtt 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.
,. ::,I -,I’: ,6! :: . ; # ’ T..: _ . . . e y. :I
w 9/l 1106 Contract No. FAco1-11 Page 19 of 59 Pages
ATTACHMENT .A
2929 Meade Avenue, SD, CA 92116 (619)282-3680 5/2001
JOBS COMPLETE
Project!Ownerl~ Casa del Prado Theater Accessibility Improvements
Owner: City of San Diego
Architect: PlattM/hitelaw
Contact: Percy Diiinagmcia
(858)627-3281
ContractAmt QmN@-m $151,783.00 3/01 20%
Access Center of San Diego $110,198.00
ADA Upgrade/Remodel Owner: City of San Diego/Access Ctr., Inc.
Architect: Wheeler Wimer Blackman 8 Assoc. Contact: Frank Stollemverk, CDBG PM
(619)533-3070
Sharp Senior Healthcare Center $277.07460
Remodel Cffice/Exam Rooms
Full scope including HVAC, Alarm/
Security, Nurse Call System & Sprinkler Upgrade - 956 Tenth Ave., San Diego
Owner: Sharp Healthcare Contact: Laura Armstrong, PM
(858)49&4878
Remove/Replace all kitchen, bath, $385,ow.00 hallway cabinetry 8 countertop 20052065 Alaquinas, San Ysktm
Owner: San Diego Housing Commission
Contact: Cecil Davis
(858)57W688
UCSD Bioinformatics Computer
Center Remmodel
Owner: UCSD
Contact: Pnina Goldberg, PM
(858)534-l 975
$348,604.00
Remodel - Chula Via Nature Center $ 39.65190
Owner: City of Chula Vista
Contact: Matt Davy, PM
(619)572-6363
La Mesa/Spring Valley School Dii. $ 95,873.OO
Ed. Service Canter Remodel Owner La Mess/Spring Valley School Dist
Architect: Neptune Thomas Davis
Contact: Iris Chu
(619)668-5700, Ext. 480
3101 20%
woo 20%
ll/OO 20%
1 o/o0 25%
9/00 25%
7100 25%
-
ATTACHMENT =A
Two Alba Sites Tenant Improvement $115,792.00 7I2000 Owner: San Diego Unified School Dist. 25%
Contact: Wm. 0. Henning
District Architect
(858)627-7123
Remodel - YMCA
Owner: City of Chula Vista
Contact: Rich Thompson, PM
Prep for and F&l Roll Updoor
at bldg., Voyager Park, Chula Vista
Contact: Rich Thompson
(619)691-2027
Lesicka / Jobs Complete, Co&t.
l/2001
Remodel Carlsbad Crime Lab
Owner. City of Carlsbad Contact: Glenn Boodry
(760)434-2980
Remodel Restroom Facilities Housing and Redevelopment Offices
Owner: City of Carlsbad
Contact: Glenn Boodry c/60)434-2980
Escondido Child Care Development
Center Facility Remodeling
Owner: City of Escondido
Contact: Rich Buquet
(760)839-4579
Repairs Q Municipal Pool Lintel
8 Pump Room
Owner: City of Coronado
Rudy Siebuhr (619)522-7389
Crime Lab Remodel
Owner City of Carlsbad
Contact: Glen Boodry
(760)434-2980
Refurbish Longshot-e Rest Rooms
National City Marine Terminal
Owner: Port of San Dig0
Proj. Mgr: Alan Redmon
(619)686-6530
Dumpster Relocation/Enclosure
Old Town State Park
Owner: State of CA Dept of
Parks & Recmation
Contact: Jerry Weatherman
(619)293-0381
$ 25.147.00 612600 50%
$ 5462.00 3/2000 98%
$ 10,697.OO 50%
$ 18447.00 3/2060 80%
$140900.00 3mocJ 50%
$ 13,824.OO X2/99 90%
$10,697.00 11199 50%
$107,197.00 11/99 25%
$58,202.00 1 o/99 50%
ATTACHMENT “A
Lesicka /Jobs Complete 4/2001 - ConY
ProjecUOmter/Archi
Restroom Partition Replacement
Tot-my Pines State Beach
Owner: State of CA Dept. of
Parks & Recreation
Contact: Betty Gotelli
(619)642-4217
Date of Percentage Performed
ContradAmt.ComDletion own
$14,599.00 lOl99 5%
Remodel Ferry Landing Gazebo 8
Ticket Booth
Owner: City of Coronado
Contact: Rudy Siebuhr
(619)522-7389
$10,662.00 Q/Q9 95%
Cabinet/Counter 8 Sink Add’n $ 1,566.OO 6/99 10%
Owner: San Elijo Lagoon Conservancy
Contact: Doug Gibson, Exec. Dir (760)436-3944
CCC Annex & Day Care
ADA Improvements
Owner: County of San Dig0
Proj. Mgr.: Dartene Cervantes
(619)694-2047
Arch: Dept. of GSA
Rotary Park
Repair & repaint gazebo
Owner: Cii of Carlsbad
Proj. Mgr.: Rich Zuekdorf c/60)434-2991
San Elijo Lagoon Nature Center
Expansion & Restroom Facllii
Owner: County of San Diego
Proj. Mgr.: Ken Gengler
Dept. of Parks & Rec.
(619)694-3368
Arch: Allen Crutcher 8 Assoc.
$136,312.00 5/99 35%
$ 4,250-W 4l99 99%
$115,077.00 2l99 60%
San Elijo Lagoon Paint/We Concrete
Owner: San Elijo Lagoon Nature
Conservancy
$ 5.076.00 2199 75%
Rep.: Doug Gibson, Exec. Dir.
(760)436-3944
Lemon Grove Cii Hall Planning
Counter Project #96-22
Owner: City of Lemon Grove
Proj. Mgr.: Sam Smalley (619)644-0562
d31.943.W 1199 20%
ATTACHMENT =A
Performed
Cantrad- of c@I&&&QQ Own Forces
Miramar APCD
Concrete pad; sec. fencing; elec.
Owner: County of San Dig0
Proj. Mgr.: Jim Bakke
$ 9,146.OO 12198 50%
(819)495-5370
Magee Park
Reinforce Railing Posts
Owner: City of Carlshd
Proj. Mgr.: Rich Zuelsdorf
(760)434-2991
$ 980.00 12i98 100%
Holiday Park Gazebo Repair $ 3,OOo.OO
Owner. City of Carlsbad
Proj. Mgr.: Rich Zuelsdorf (780)434-2991
Coronado Rec. Ctr. #2
Int. Office Remodel
Owner: City of Coronado
Proj. Mgr.: Armando Mora
(819)522-7383
$ 3,395.oo
III98
IV98
Asbestos Abatement/Ceiling Texture/ $39,240.00 IO/98
Fire Spinklers & Office Remodel
Coronado Rec. Ctr
Owner: City of Coronado
Proj. Mgr.: Bill Cecil
Engineering & Development (819)522-7383
Arch: Same As Above
Removal & Replacement of Exiiing $18.749.00
A/C Unit Curbs Q Coronado
Public Library
Owner: City of Coronado
Proj. Mgr.: Armando Mora
Engineering & Development (819)X&7383
Askew Bldg. #2
Elec. Upgrade
(See info. blow)
$1,400.00
$50,ooo.00 Askew Building
1700 Pacific Hwy.Rnd floor
office Remodel
Owner: County of San Diio Proj. Mgr.: Dave Snyder
County Heatth & Human Services
(819)892-8849 Arch: County of San Diego
100%
100%
25%
lOl98 25%
IO/98 5%
1 O/98 65%
ProjecKWnerhhshiW2 Coronado Police Cffice Remodel
Owner: City of Coronado
Contact: Ed Walton, Associate Engr. City of Coronado
(619)522-7383 Arch: City of Coronado
Dumpster Enclosures Chula Vista #98-18
Owner: San Diego Port District
Proj. Mgr.: Mike Tilley (619)696-6414
Fire Station #I, Cii of Cadsbad
Remodel Showers
Owner: City of Carlsbad
Proj. Mgr.: Rich Zuelsdorf
(760)434-2991
Office Remodel #2 Health & Human Services Agency
Owner: County of San Diego
Project Mgr.: Dave Snyder
(619)694-3840
Bldg. l-300 TI for EOPS/Star
Owner: San Diego Community
College District
Arch.: Errol A. Mendaros
Architect
(619)460-1250
Office Remodel
Health 8 Human Services Agency
Owner: County of San Diigo
Project Mgr.: Dave Snyder (619)694-3840
El Capitan High School
Site Woric for Relocatable Classroom & Remodel of
Restrooms&Q Facility
ATTACHMENT =A
$29,479.00
$ 5,700.oo
$ 6,127.OO
$125,787.00
$19980.00
$69,312.00
1 Ol7i98 85%
8l98 99%
8l98 98%
7l23l98 35%
712Oi98 75%
7l8i98 35%
$111,656.00 6l5l98 30%
Owner: Grossmont Union High School Dist
Proj. Mgr.: Chuck Tucker
(619)465-3131
Chula Vista Parkway Complex
Owner. City of Chula Vista Proj. Mgr.: Dick Thompson
(619)476-5350
Carisbad City Council Chamber
Owner: Ci of Carl&ad
Proj. Mgr.: Chuck Walden (7’60)434-2992
$ 24,450.OO 5w98 50%
Elmwood House $40,538.00 5l6l98
ADA Improvements
Owner: City of Carlsbad
Proj. Mgr.: Chuck Walden (760)434-2992
Fire Stn. #5, City of Cadsbad
Re-Tile Shower
$ 930.00 3/l 9198 100%
Owner: City of Carlsbad
Proj. Mgr.: Rich Zuelsdorf
(760)434-2991
Center for the Performing Arts
Add’1 Doors & Electrical Work
Owner: City of Poway
Proj. Mgr.: Omar Moheize
$43985.00 3/9/98 10%
(819)679-4222
Fire Stn. #2, City of Carlsbad Demo & Reconstruct Shower Stalls
Owner: City of Carl&ad
Proj. Mgr.: Rich Zuelsdorf
$ 8,466.OO 2/25/98 25%
(760)434-2991
ADA Modifications for Coronado Rec. $18.687.00
Dept. (formerly Coronado Women’s Club)
Upgrade Mens and Womens
Facilities to ADA Compliance
Owner. City of Coronado
Proj. Mgr.: William Cecil, Architect
Ill97 90%
Engineering & Development
(619)522-7383
Temp. Shoring Q Muni. Pool Owner: City of Coronado
Proj. Mgr: Ed Walton, Acting Dir.
$ 2,800.OO 1 o/97 100%
Arch:
Engineering 8 Development
(619)522-7383
None
CA0 Office Lobby/Reception Remodel $14.694.00
Owner: County of San Diego
Proj. Mgr.: Darlene Cervantes
9l97 98%
(619)694-2047
Arch: County of San Diego
Environmental Lab Remodel
Owner: County of San Diio
Proj. Mgr.: Jim Bakke
$17,161 .OO 8l97 90%
(619)495-5370
DPW Div. II - Office Remodel San Marcos, Ca $16,335.00 8l97 90%
Owner: County of San Diio Proj. Mgr.: Richard Richardson
(619)694-2657 Arch: County of San Diego
ATTACHMENT =A
(2) Bath Remodels Dept. of Public Works, San Marcos
Owner: County of San Diego
Proj. Mgr.: Richard Richardson (619)694-2657
Arch: County of San Diego
Res. Remodel & Site Concrete
Julian, California
Owner: Sally Johnson (619)344-0334
Arch: Design/Build - L&J Const.
DPW Road Stn. Improvements Ramona, CA
Owner: County of San Diego
Proj. Mgr.: Jim Bakke (619)495-5370
ATTACHMENT =A’
$ 9,731.w 8/97 90%
$41 ,ooo.oo 7l97 99%
$12,953.00 6t97 80%
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABIldTY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swi.m Complex
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 each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer’s Liability
2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover 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.
Contract No. FACOI -11 Page 20 of 59 Pages
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From: Katie Manlove At: Snapp & Associates To: A tn:Nancy Faxw: (619) 908.3110 Date: 8/21/01 02:lO PM Page 2 of 3
ACORD ACORD DATE (Mur0wYr) DATE (Mur0wYr) .--I .--I
TGZUCER TGZUCER
CERTIFICATE OF LIABILITY INSURANC~,~~~~ d CERTIFICATE OF LIABILITY INSURANC~,~~~~ d 08/21/01 08/21/01
1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Snapp 6 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE YO RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ICATE DOES NOT AMEND, EXTEND OR
438 Casino de1 Rio So. #112 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HE COVERAGE AFFORDED BY THE POLICIES BELOW. I
San Diego CA 92108 Phone:619-906-3100 Fax:619-909-3110 INSURERS AFFORDING COVERAGE wuww~wttu+~t -1
I
.-- INSURED
2929 Meade Ave. San Diego CA 92116 I
:OVERAGES
THE Poimrs OF INSURANGr ClslrlY MLOW I lA”C RCEN ISSUED TO WE INSllREO NAMED AOOVE FOR r, IF POLICY PFRIOO IN~MCATED. N~TWITI~STANDING
ANY REQliREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTIICR DOCUMCNT WITI I RCSPCCT TO WIIICII TI MS CERTIFICATE MAY SE lSSuCLl OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRl8ED HEREIN IS SUBJECT TO ALL Tl-E TERMS EXCLUSIONS AND CONDITIONS OF SUCK
PO1 ICIES AGGREGATF I MTS SHOWN MAY HAVF BFEN REDUCED BY PAIO Cl AIMS z _--._. ..-- I K! TYPE OF INSURANCE POLICY NUMBER
GENi?RAL LIAEILITY
A XI COMMERClALGENER~lASlllTY 0237002209-O
POLICY EFFFCtlbE POLICY gXPftiT!ON ~~-&%irw, 1 &TE (MMIDDIW) 1 , EACHOCCURRENCE (s1,000,000
02/04/01 : 02/04/02 FlREDMUGE(~y-wwh) IS 100,000
GEHC AGGREGATE LIMIT APPLIES PER:
‘7 POLICY 1 , pi .‘7 ! LOC
AUTOMOBILE LlAElUlY
B :‘x: ANYAUTO 02CD10605110
ME0 CXP my w pwsml ?_5_.LOOO -me.- -I-
j PERSONAL A AW WJURY ,-. .- J 1,0~0,000
i GENERAL AGGREGATE J2,000,000
$‘AODUCTS - COMPIOP AGO 12 ,000 000 . . ._ _.- ..I I --
02/12/01
I COMBINED SINGLE LIMIT 02/12/02 “Es-n” ~1,000,000 -_--.-.
ALL CMNEU AUTOS I .
,-, SCHEDUlEOW7OS
B X : HlREOA!JlOS -. -
’ NON-OWNtO AUIOS .’
I
! !
8OOlLY INJURY I (Pr pmon)
: BODILY lNJURY I wf -) !J
;. - ..-
j
PROPERTY DAMAGE (Per scmdd) is _ -.i - .- _----- . .
GARAGE LIABILITY
i NO AUTO
/ : I I
i ExyEcyu;. ,- f clAuls MADE 1
!--
i “-: L OEDUCTIELE
I ! RETENTION I
WORKERS COMPENSATION AN0
EMPLOYERS’ LIAEILIN
.
1
: AUTO ONI Y - FA ACCIDENT t
OTHER THAN EAACC ) J
; AUTO ONLY: AGO 1 J
: EACH OCCURRENCE
i AGGREGATE
t ____.. - -..... .
I
t -- s
‘1 -- J
I WC StklU 0 TORY LlhiliS ER
i
El. EACH ACCIDENT I . ..-.-
E.L. DISEASE . EA EMPLOYEI - s ---
OTHER
E.L. DISEASE * POLlCY CUdIT 1 I
I I i
IESCRIPTION OF OPERATlONYLOCATlONS!VWlClES/EXCLUSlONS ADDED BY ENDDRSEYENTlSPEClAL PROVISIONS Job:Contract No.FACOlll. Certificate holder is named additional insured
per the attached form.lO* days notice of cancellation due to non-payment.
I
CERTIFICATE HOLDER 1 y 1 ADMloNAL INSURED: INSURER LETTER: A CANCE:LLATION
t CITYOCA 1 SHOULD ANY OF THE ABOVE DESCRIBED POUCES SE CANCELLED BEFORE THE EXflRA
City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008
I
4CORD 25-S (7197)
DATE THEREOF. THE ISSUING INSURER Wll- MAIL % OAY S WRITlEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THC Lp
I
OACORD CORPORATION 1999
’ I
From: Katie Manlove At: Snapp & Associates To: A’tn:Nancy Faxw: (619) 908-3110 Date: 8/21/01 02:lO PM Page 3 of 3
POeICY NUMBER: 02370022090 COh’lMEKCIAL GENEKAL IJAB
INSURED: Lesicka Construction Company Rex Lesicka
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
OWNERS, LESSEES OR CONTRACTORS (FORM A)
This endorsement modities insurance provided under the following:
COMMERCIAL GEKERAL LIABILITY COVERAGE PART,
SCHEDULE
Name or Persvn or Organizations(Additional Insured):
City of Carlsbud
1635 Faraday Avenue
Carlsbnd, Ca 92008
Location of
CovercdOpcrations:
Job: Contract No. FACO 11 I
ISodily hljup I~WIIIIUII bir
01 I’qwl~
Ihu~fc Ltabtlity C~:oSl
Raler (Per
sI000 or
COSI
Total Advance Premium
.Ad&mcc lJrcn1i1uu
‘i
.-
(If no entry appears above, the information required to complete this cndvrscmcnl will bc shown in the Declaratioils as
applicable to this endorsement,)
I. WI10 IS A?1 INSUHED (Section II) is amended IO inch& as an insured dw pcxson or organiwtion (called ‘Additioonl loswcd”) show io the Schedule, hut only with
respect to Ilability iuwi~~g. out nT:
A. ‘Ywr Work’ for the hdditiowl inwed nt the locatiw dcngnslcd ~lwvc. w a Acts or on~issions of ~lw Additiotml lasurcd(r) in cmmccri~m wilh ~hcir gcwxal s qwrviriw ol’“yme work” ar ~hc location rhowl in the Schedule.
2. With R~ICCI KI rhe insww-e atlkded thrsr A~Lliti~wd Itnwcd, IIIC li~llou~np ndditional (ro\inions npp)‘ly:
A. None dlhe exclusions wdcr Cowwge A. except exclusions (a). (al). (4. (I). (h!). (i). nod (m). apply 10 this inwrraacc.
0. Adtliliomd i%clusions. This insurwu ducr cwl upply lo.
0) “Bodily Injaa‘ or “i’rq~e~~y Delsege’ Iii which the Adtlitiwtid h~rweJ(r) we ohligatcd to pay d;lmages by reason of the assumption of
lulnlil? 81~ d wnwncl or u~rcemenl llrir cxcluriou Jwr 1w4 npp y ro linhihl? liir Jnmayur Ihilt Ilk- adJiConul ~nrurwl(r) wwld l~r iu Oar
ebsc~~cc of the contract IW agrccww.
(3 “Dodily lojury” or ~l’ropm~ Damage’ occuoiag ofcr:
ia1 All wwk ou IIIY prqccr (other dum !w).\icu. ~l~i:i~~le~imce. w ~epk) to bc lxrfonwd hy or 011 hebalf of the Additional
I~~st~rctl(s~ itI lbe nilr oflhe covered npemriow 035 ken complclcd: or
II)) That ponwn ~E”\‘INI~ Wnrl;‘,~w of which the injury or damegc arises lwr been pur to 11s intended use by any person or
nrganiwliolr orhcr than anolhcr contrclor or ndw~~~r;~c~or eogntx~ in perlormin~ rqxrations for a principal ns pan of the same
lwjccl.
Iti ‘Iloddy IIIJU’Y” or “l’qwi) I)wmpc” mar of IU)Y XI w ouus:;w~ ul IIIC Addillooal Insurc&s) or soy of their cmployccs. olhrr Lml Ihe
gwrid supervision of work pwT~mncd for lhr ndkonal Innwcd(r) nlwrt p&wm4 for thr Addilirmal Iurured((c) by you
(41 “Properry l.hlllil&!~" IO:
(4 V1ul1e11~ owed. ucd or occupiwl by LY rc:n~ctll~~ II e Addilioo~) IIISUIV~(S).
II31 Propcrry II) lhc we. cwtuly. or cw~rol ol’lhe hddititicaal Insured(s) or over which Ihe AddiGoual Insured(s) arc for any
puqll’“’ cselcistl8y yhys~cul w11ir111: or
Ci “Your Work” for ~hr hddiiionul I~~rr~rccl(sl.
CG?OO’J II 85 Cq~f.tighI. lctsuwce Services Ot?icc. luc I OR4
. ..: ;> 308.: QINJR’ LIL;, #771587#
INCEPTION DATE: Ol-
D.0:: ‘SAIy. DJE@D
IS ATTACHED TO ‘AND
SD
$T!>,QJ$\ @W& .,+:y 4 LESI’CKA’ DEyELOpMENT r
.d.c-i..- ,**&‘$‘r,: *:*I * _-_/_I y -i, .&“@” li . . a - : Cii ii g 5 ” Y”$ ,: , * ,i!‘a,a; ..n
, ,,~‘ * ~.“r &. I ,..,, :,i- “-3 w,:g ;‘> “‘,*(y ;, * ,‘\ ‘T,, 1 : *, s _I_ _ a * :-: ** _. >*I‘ ‘.‘,... _i
S.“~ ,. :,,:. ,,* x ,,~~-‘.:;xt r ‘_- .‘k-‘-, C” !. r,,,, “_ >!. *. $&~: *:?*.*
‘;;l”, -.&A-; /I ‘a.. * , A2?>. “&,‘<‘” ‘ .A ,, -5 ‘t. I ;* * ^. ,:- L .-*y., ? ‘3’ *: _’ . -; . J’RINfEj?: ~+3$?U”+j2~QS . 4’
.di y; * ‘L$ : ) (^ .,+ &P&g. ‘<il. < .,f:/ ~ ‘52‘ :‘” .iII :;$ -;* y4. “. l-a 3,’ *I. ‘., _’ i ,* i _’ (_” :y ((. P5 “. _
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal) CONTRACT NO. FACO14 1
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
1) Have y& or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California? !
x
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 debar- ments.
patty debarred party debarred
period of debarment period of debament
Page ! of \ pages of this Re Debarment form
9/l 1 /oo Contract No. FACOl-11 Page 21 of 59 Pages
1 1 -.. I I Q 1 Q - - 1 Q 1 III Q 0 a IK-
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(T’o Accompany Proposal)
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swlm Complex
Contractor8 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 complalnt 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 r8VOked by the California Contractors’
State license Board two or more times within an eight year period?
2) Has the suspension or revocation of your contractors license ever been stayed?
-3L
yes no _I .
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 ear period?
1.
Yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the ork ever b88n stayed?
AZ
yes no
5) lf 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.
d/i I
(If needed attach additional sheets to provide full disclosure.)
Page \ of 7 pages of this Disclosure of Discipline form
9/l 1 /oo Contract No. FAcOl -11 Page 22 of 59 Pages
~.I__ -_-
a alt a a Q a a a 9 u _-
a 9 1 1 I I II .- I II
I! .
t .
BIDDER’S DISCLOSURE OF DISCIPLINE
(CONTINUED) (To Accompany Proposal) CONTRACT NO. FACOl-11
RECORD
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
.
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 condltlon (if any) upon which the disciplinary action
was Stayed.
Mia /
(If needed attach additional sheets to provide full disclosure.)
BY CONTRAC LcsrcL- ;i, OR: J&p-A J3-- cl-be-
Les.~L- CL4
(print name/title)
Page- - 3 of L pages of this Disclosure of Discipline form
9/l 1 /oo Cctitrsct No. FACOl-11 Page 23 of 59 Pages
I
I
I
I
I
I
I
I
I
I
I
I
I
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED, WlTH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System . At the Carlsbad Swim Complex
stat8 of California 1 ) ss.
Countyof S- b,& )
rs w L ; (Nke of ;&; L- , being fkSt duly sworn, d8pOS8S
and says that he or she is
. Let-
(ml@
L&&-L- . (&.G&T* e co.
the party making the foregoing bid that the bid is not mad8 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 agr88d 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,
parbI8t’Ship, 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 day of .-y& . I ! C, I m24-.
a . ! d;
Signature of Bidder -;! c v C S,‘d----
Subscribed and sworn to before me on the day of ,201.
(NOTARY SEAL)
Signature of Notary
Contract No. FACOl-11 Page 24 of 59 Pages
_-
,,--
L’OFORNIA ALL-PURPOSE ACKNOWLEDGMENT
state of CALIFORNIA
County of SAN DIE@J
On 19 JULY 2001 before me, WENDY B. DOWNS, NOTARY PUBLIC I DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC
personally appeared REX M- LEXKA * NAME(S) OF SIGNER(S)
0 personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person($) whose name($) is/are
subscribed to the within instrument and ac-
knowledged to me that he/eheAhey executed
the same in his/her/the-h- authorized
capacity@sj, and that by hisAhet+the+r
signature(b) on the instrument the person@),
or the entity upon behalf of which the
person($) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACIN CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
bil CORPORATE OFFICER
PRESIDENT TlTLE OR TYPE OF DOCUMENT ~~
q PARTNER(S) 0 LIMED
0 GENERAL
0 AlTORNEY-IN-FACT
0 TRUSTEE(S)
; ~U~~IAIVCONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPF?ESENTlNG: ~~pERsoN(S)~~(IEs) LESICKA DEVELOPMENT INC. DBA SIGNER(S) OTHER THAN NAMED ABOVE LESICKA CONSTRUCTION CO.
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMIlTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
State of California
County of
1 ) ss.
)
(Name of Bidder) , being first duly sworn, deposes
and says that he or she is
(Title)
of
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not 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 day of ,20-.
Signature of Bidder
Subscribed and sworn to before me on the
(NOTARY SEAL)
day of ,20-.
Signature of Notary
Contract No. FACOl-11 Page 24 of 59 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 5th day of September , 2001
between the City of Carlsbad, California, a municipal corporation, (hereinafter called “Cm’
by and
LESICKA DEVELOPMENT, INC. DBA
and LESICKA CONSTRUCTION COMPANY whose principal place of business is
2929 MEADE AVENUE, SAN DIEGO, CA 92116
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
CONTRACT NO. FACOl-11
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
(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 Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractors
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractors 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) 1997 Edition, and the 1998 and 1999 supplements thereto,
hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Public Works Manager/General Services or his designee will close the estimate of work
completed for progress payments on the last working day of each month.
9/I 1 /oo Contract No. FAG01 -11 Page 25 of 59 Pages
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractors 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 Ill 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-l 525) 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 Public Works Manager/General Services or his designee, 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
9/l 1 /oo Contract No. FACOl -11 Page 26 of 59 Pages
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
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: $l,OOO,OOO combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured.
b. Business Automobile Liability Insurance: $l,OOO,OOO combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or 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 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.
(8) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage.
b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
9/l 1 /oo Contract No. FACOl -11 Page 27 of 59 Pages
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.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor’s bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, ‘Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 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.
9/l 1 /oo Contract No. FACOl-11 Page 28 of 59 Pages
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(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 subcontrac- tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above.
v
init &aL init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
9/l 1 /oo Contract No. FACOl-11 Page 29 of 59 Pages
“General Provisions” or “Supplemental Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST
ATTACHED
(CORPORATE SEAL)
BE
CONTRACTOR:
n)Alrr r/ b.Lcr:,Lce df? /Grr//~~~fir.
/ (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:
J
-_
9/l 1 /oo Contract No. FACOl-11 Page 30 of 59 Pages
MFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
On 20 AUGUST 2001
DATE
before me, WENDY H. DOWNS, NOTARY PUBLIC I NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC-
personally appeared REX M- LESICKA 9
NAME(S) OF SIGNER(S)
q personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person($) whose name(S) is/are
subscribed to the within instrument and ac-
knowledged to me that he/&&t&y executed
the same in histir+tt&r authorized
capacity(&s), and that by hisHteti4eir
signature(b) on the instrument the person(&),
or the entity upon behalf of which the
person($) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFICER
PRESIDENT TITLE OR TYPE OF DOCUMENT TITLE(s)
0 PARTNER(S) 0 LlMlTED
0 GENERAL
0 ATTORNEY-IN-FACT q TRUSTEE(S)
; ~;;;AN/CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: ~~pERsoN(sI~~~~~
LESICKA DEVELOPMENT INC. DBA SIGNER(S) OTHER THAN NAMED ABOVE LESICKA CONSTRUCTION CO.
-
/-
STATE OF California
COUNTY OF San Dieoo >
ss.
On 20 Auoust 2001 . before me, Wendy H. Downs, Notary Public
PERSONALLY APPEARED Nancy D. Lesioka
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 acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity&s), 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, execut
WITNESS my hand
Signature This ava for OBkial Notarial Sea2
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.
CAPACllT ClAIMED BY SIGNER DESCRIPTION OF ATlACHED DOCDMENT
0 INDlVlDUAL
id CORPORATE OFFICER Secretaly
TmEfS)
TITLE OF TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSOIW OR ENTllY(lE!S)
Lesicka Development Inc. dba
Lesicka Construction Co.
SIGNER(S) OTHER THAN NAMED ABOVE
ID-061 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
BOND NO. 8257361
LABOR AND W!ATERfALS BOND
.,.
WHEREAS, the C&y council of the City of Carl&ad, State of Catlfornia, by Reeolution No. 2001-241 A adopted AUGUST 7, 2001 ,hasawardedto
LESlkKA DEVELOPMENT, INC. DBA LESICKA CONSTRUCTION COMPANY
(herelrtdter designated as the ‘Principal’), a Contract for:
CONTRACT NO. FACOt-t t
conorste 8loek codwlnment fEncloeure for
An Bmergenoy Chlorine Scrubber System
At the Cartsbad Swlm Complex
in the City of Carl&ad, in strict conformity with the drawings and specifiitions, and other Contract Documents now on file in the Office of the Cii Clerk of the City of Carl&ad and all cf whkh are
Incc~raW herein by thii reference.
WHEREAS, Prfnoipal has executed or ie about to execute said Contract and the tenna thereof
require the furnishing of a bond, providing that if Prinofpai or any of their suboontraotors shall fail to
pay for any materials, provieiins. provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth,
NOW, THEREFORE, WE, LESICKA DEVELOPMENT, INC. D8A LESICKA CONSTRUCTION CO I
as Pdnd@, (hereinafter designated as the ‘Contractof), and INDEMNITY COMPANY OF CALIFORM~
as Surety, are held firmly bound unto the City of Carl&ad In the sum of THIRTY NINE THOUSAND
NINE HUNDRED TWENTY SEVEN AND NO/Oo-----------------------------Doihrs
_.-
($39.927.00 ), said sum being an amount equal to:
one hundred percent (100%) of the totabestimated amount payable under said contract by the cii
of Carl&ad under the terms of the oontmot when the Jotal amount payable does not exceed five mllliin dollars ($5,000,000) or,
Fifty perpent (50%) of the toM8atimat8rMmount payable under said contract by the City of G&bad under the tems of the contract wh8n the total amount payable is not less than five million dollars
($5,000,000) and does not exoeed ten million dollars ($1 O,OOO,OOO) or, Twentyfive percent (25%) of the totai estimated amount paable under said oontract by the Cii of
Carl&ad under the terms of the oontract if the contraot exceeds ten million doilars ($lO,OOO,OOO) and for wMch payment well and truly to b8 made we bind ourselv8s, our heirs, executors and adminiatratom, succ8ssora, or assigtw, jointly and severally, fimtly by these presents. .
THE CONDITION OF THIS OBUGATION IS SUCH that if the person or hk/her subcontractors fail to
pay for any. material& 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 klnd, or for amounts due under the Unemployment insurance code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid ower to the Employment Development
Department from the wages of employ8es of the contractor and subcontractors pursuant to section 13ilm cf the b’IempiOymerrt Insurance Code with reepect to such work and tabor that the surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon
,- In the event that Cmtmctor is m tnhidual, ft fa egreed that the death of my such Contractor shall not exonerate the Surety from its obligaths under this bond,
Exfkuted by CONTRACTOR this 2oTJl Executed by SUREIY this 20~~ day of
&Yof AUGUST ,20 01 -* AUGUST ,20 01 -*
CONTRAC?.OR: SUREIY:
LESICKADEVELOPMENT INC. DBAG.ESICKA CONSTRUCTION CO. INDEMNITY COMPANY OF CAL1F0RNTA
800-782-1546
(print name here)
-pm ;, r&c +, LA- d tars\ co
L/&p‘&Q*G*
Phf tr.fiC3’
(Ze and ti&Gtti*n if Signatory) athe of Attorney-In-Fact)
(Attech corporate resolution showing cunent
power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-preakjant and secretary or assistant secretary must sign for corporakns. If only one officer signs, the co~ration 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:
I313 -
Deputy Cky Attorney
State of CALIFORNIA
County of SAN DIEGo
On 20 AUGUST 2001
DATE
beforeme BROOKE LAFRENZ, NOTARY PUBLIC 9 ,
NAME, TlTLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC
personally appeared WENDY H. DOWNS ,
NAME(S) OF SIGNER(S)
0 personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person(s) whose name(A) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in Ris/her/t-be& authorized
capacity++), and that by bis/her/-th&
signature($) on the instrument the person(b),
or the entity upon behalf of which the
person($) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL .
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[7 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
q PARTNER(S) 0 LIMTED
0 GENERAL q AlTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIANKONSERVATOR
0 OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENlTW(IES) SURETY SIGNER(S) OTHER THAN NAMED ABOVE
.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 l (949) 263-3300
..NOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each scvcrally, but not jointly, hcrcby make, constitute and appoint:
***WENDY H. DOWNS, LARRY D. COGDILL, INGRID ERIKA CROSBY, BROOKE LAFRENZ
MICHAEL W. THOMAS, JOINTLY OR SEVERALLY***
as the true and lawful Attomcy(s)-in-Fact, to make, execute, deliver and acknowlcdgc, for and on behalf of said corporations as surctics, bonds, undertakings and contracts
of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to do and to perform every act ncccssary, rcquisitc or proper to be done in
connection thcrcwith as each of said corporations could do, but rcscrving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attomcy(s)-in-Fact, pursuant to thcsc prcscnts, arc hcrcby ratified and conlirmcd.
This Power of Attomcy is granted and is signed by facsimile under and by authority of the following resolutions adopted by the rcspcctivc Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, cffcctivc as of November I, 2000:
RESOLVED, that the Chaimlan of the Board, the Prcsidcnt and any Vice Prcsidcnt of the corporation bc, and that each of them hereby is, authorizcd to execute Powers of
Attomcy, qualifying the attomcy(s) named in the Powers of Attorney to cxccutc, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the
Sccrctary or any Assistant Secretary of the corporations bc, and each of them hcrcby is, authorizcd to attest the cxccution of any such Power ofAttomcy;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomcy or to any certificate relating thcrcto by facsimile, and any such
Power ofAttomcy or ccrtilicatc bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have scvcrally caused these
prcscnts to be signed by their respective Executive Vice President and attested by their rcspcctive Secretary this 8”’ day of Novcmbcr, 2000.
dv:
David H. Rhodes, Executive Vice President
By: lb//&j B
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
;ss.
COUNTY OF ORANGE )
On November 8,2000, before mc, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to bc the persons whose names arc subscribed to the within instrument and acknowledged to mc that they executed the same in their authorizcd
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, cxccuted the instrument.
WITNESS my hand and oflicial seal.
Signature JmA *
CERTIFICATE
The undersigned, as Chief Operating Ofliccr of DEVELOPERS SURETY AND MDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hercby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthcrmorc, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attomcy, are in force as of the date of Uris Ccrtilicatc.
This Ccttilicatc is cxccutcd in the City of Irvinc, California, the 20~~ day of AUGUST -__ 2001 -3 -___-
By a ” #--.
David G. Lane, Chief Operating Officer
ID-1380 (I 1100)
c :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
on 20 AUGUST 2001 before me, WENDY H. DOWNS, NOTARY PUBLIC ,
DATE NAME. TITLE Of OFFICER - E.G., -JANE DOE, NOTARY PUBLIC’
personally appeared m M- LESI~KA 9
NAME(S) OF SIGNER(S)
0 personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person($) whose name(S) is/we
subscribed to the within instrument and ac-
knowledged to me that he/ebeAhey executed
the same in hisMerPttre+r authorized
capacity@-+, and that by hisHterWt&
signature(b) on the instrument the person(S),
or the enti.ty upon behalf of which the
person($) acted, executed the instrument.
and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFiCER
PRESIDENT TITLE OR TYPE OF DOCUMENT TITLE(s)
[7 PARTNER(S) 0 LlMlTED q GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
53 ~U;;AN/CONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: ~~pERsoN(s)~~(IEs) LESICKA DEVELOPMENT INC. DBA SIGNER(S) OTHER THAN NAMED ABOVE LESICKA CONSTRUCTION CO.
-
STATE OF Califomia
COUNTY OF San Dieoo >
ss.
On 20 Awust 2001 , before me, Wendy H. Downs. Notarv Public
PERSONALLY APPEARED Nancv D. Lesicka
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 acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity&s), 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 o$&l seal.
Signature This area for oincial Notarial seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCDMENT
0 INDIVIDUAL
6d CORPORATE OFFICER Secretaly
TITLE(S)
TITLE OF TYPE OF DOCUMENT
c] PARTNER(S) c] LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
q TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
q OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSCti(s) OR ENTllY(lES)
Lesicka Develooment Inc. dba
Lesicka Construction Co.
SIGNER(S) OTHER THAN NAMED ABOVE
ID-091 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
.
.--
BOND NO. 825736P
$799.00 PRENIuM IS FoRCONTRAcTTERM
A.NDISSUEJECTTOADJUS~BASED ON FINAL CONTRACT PRICE
FAITHFUL PERFORMANCE/WARRANTV BOND
^,” WHEREAS, the City Count91 of the City of C&&ad, State of CaMomia, by Resolution
No. 2001-241 ,’ adopted AUGUST 7, 2001 ’ , h&awIudedto
I F- DFVEj&?PMENT. INC. DBA LESjCKA CONSTRUCTION COMPm&ejnafter
dedgnaW as the ‘Prindpal’), a tineact for. . ’
CONTMCT NC& FACOl-13
ConcraM Block Contalnmtmt Enclowe for
An Emergency Chlorine Scrubber Systsm
At the Carlsbad Swim Complex
in the city of Carfsbad, in strict conformity with the contract, the drawings and specifkatfons, and .
other Contract Documents now on file in the Office of the Cii Clerk of the CHy of Car&bad, alI of
which are korporated her&n by this reference.
WHEREAS, PrlnclptU has exBcuted or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
LESICKA DEVELOPMENT INC. DBA LESICKA NOW, THEREFORE, WE, CON$TRUCTlON COMPANY , as Pnncjpar 8
,- (hereinafter designated as the ‘Contractor’), and INDEMNITY comm OF WIFOBKZB.
J as Surety, are held and f&m % bound unto the * THIRTY NINE THOUSAND NINE HUNDRED TWENTY S VEN AND NO 7TY 1 of Carisbad, O--------- --^-----------------_________y____ Dollars ($ 39,927.00 ), said sum being equal to
one hundred percent (700%) of the estimated amount of the Contract, to be paid to City or its certain
attorney, its suocesso1s and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jolntiy and severally, firmly
by these presents.
THE CONDITION OF THIS OSUGATION IS SUCH that if the above bounden Contractor, their heirs,
‘executors, admlnktratoru, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenan& -condfUons, and agieements in the Contract and any abmtim thereof made as thereln proWed 011 their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall jndemnjfy and save harmless the City of Carl&ad, Its off&, employees and agents, 88 therein
st@Ulated, then this oblfgation shall become null and void; otherwise it shall remain in full force and effect
As a part of the oblf@on &cured hereby and in addition to the face amount specified therefor, there shall be lnduded costs and reasonable expenses and fees, including reasonable attorneys fees,
jncwred by the C&y in successfujjy enfordng such obligation, all to be taxed as oosts and included in
any judgment rendered.
,.- Surety stipulates and agrees that no change, extension of time, alteration or addition to the tears of
the Contract, or to the work to be performed thereunder or the specificatfons accompanying the same shall affect Its obllgatfons on this bond, and it does hereby waive notfce of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the Specifications.
rC the bond, oosts and masonable expenses and fees, Including reasonable attome@ feee, to be fixed
by the oourt, as required by the prouisiins of section 3248 of the Caltfomla Civil Code.
.~ This bond shafl Inure to the benefit of any and dl persons, companies and wrporatlons entitled to file
blah under Tltla 15 of Part 4 of 0-n 3 of the Clvll Code (commencing with sectlon 3062).
Surety stipulates and agrees that no change, extension of tlmk, alteration or addition to the terms of
the Contract, or to the work’to be perfoned thereundei or the speoMlcf&ns aoconipanylng the
same shdl affeot Its obligatkms on this bond, and it does hereby waive notice of any change, exter&n of time, attwations or addition to the tefms of the contract or to Ehe wqrk or ‘to the
liipdfiitions.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Sumty from its obligations upder this bond. .
Executed byC0hmAcT0R this 20TB Exmaed by SURETY we 2oTE &Y
day Of AUGUST ,zoOl of AUGUST -. ,202L
CONTRACTOR: LESICKADEVELO~ INC. DBA JXSICKA CONSTKUCTION CO.
(-Of---O
/-
SUErYi
IND~ITPCOMPANYOFCALIFoRNIA
17780 FITCH (name of Surety)
IRVINB. CA 92614
(address of Surety)
WEI& H. DOWNS, ATTOBNEY-IN-FACT
(printed MRW of Afto~~ikF%dj
h *r/h . LL5:L-L-
(print name here)
(a!rach corporate resolution showing current power
ofattorney)
wsyf- \,rrr5 ,L&J~+JL’0pcrt QfL srr-L cbsn s Drr Cd (utle B”d ;;;ganhatbn of ;l;Btto~)
(Proper notarial ackwvfedgment of axecut& by CONTRACTOR and SURETY must be attached.)
(PfBMent of vk2epddent an@ secretary or au&tant 8aaretary must sign for cofp0dons. If only one officer dgns, the corporation must altach a retsolutIon certified by the secretary 01 assistant secretary under corporate seal empowering that offiir to bind the corpofatlon.)
APPROVED AS TO FORM:
City AttDmey
\
. ,/-
By: - 3 I3
Deputy City Attorney
CA ,LIFORNlA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
On 20 AUGUST 2001 beforeme BROOKE LAFRENZ, NOTARY PUBLIC ,
DATE NAME. TITLE OF OFFICER - E.G.. ‘JANE DOE, NOTARY PUBLIC
personally appeared WENDY H. DOWNS 9
NAME(S) OF SIGNER(S)
0 personally known to me -
‘I
OR - q proved to me on the basis of satisfactory evidence
to be the person(s) whose name(a) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in kis/her/thei~ authorized
capacity@@, and that by bis/herNbeit:
signature($) on the instrument the person($),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL .
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AlTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL q ATTORNEY-IN-FACT
c] TRUSTEE(S)
0 GUARDIA~C~N~~ERVAT~R
0 OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
I I
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR Elv-lTlY(IES) SURETY SIGNER(S) OTHER THAN NAMED ABOVE
I
POWER OFATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
/c PO BOX 19725, IRVINE, CA 92623 . (949) 263-3300
.-NOW ALL MEN BY THESE PRESENTS, that except as cxprcssly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each scvcrally, but not jointly, hcrcby make, constitute and appoint:
***WENDY H. DOWNS, LARRY D. COGDILL, INGRID ERIKA CROSBY, BROOKE LAFRENZ
MICHAEL W. THOMAS, JOINTLY OR SEVERALLY***
as the true and lawful Attomcy(s)-in-Fact, to make, cxccutc, deliver and acknowlcdgc, for and on behalf of said corporations as surctics, bonds, undertakings and contracts
of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to do and to perform cvcty act necessary, requisite or proper to bc done in
connection therewith as each of said corporations could do, but rcscrving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attorney(s)-in-Fact, pursuant to thcsc prcscnts, arc hcrcby ratiticd and contirmcd.
This Power of Attomcy is granted and is signed by facsimile under and by authority of the following resolutions adopted by the rcspcctivc Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,200O:
RESOLVED, that the Chairman of the Board, the Prcsidcnt and any Vice President of the corporation be, and that each of them hereby is, authorizcd to cxecutc Powers of
Attorney, qualifying the attomcy(s) named in the Powers of Attorney to cxccutc, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the
Sccrctary or any Assistant Secretary of the corporations bc, and each of them hcrcby is, authorizcd to attest the execution of any such Power ofAttomcy:
RESOLVED, FURTHER, that the signatures of such officers may be aftixed to any such Power ofAttorney or to any certificate relating thereto by facsimile, and any such
Power ofAttomcy or ccrtiticate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
prcscnts to be signed by their respective Executive Wee President and attested by their rcspcctive Secretary this 81h day of November, 2000.
David H. Rhodes, Executive Vice President
By: 1/2/h iti
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
;ss.
COUNTY OF ORANGE )
On November 8, 2000, bcforc me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to bc the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their author&d
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and offtcial seal.
Signature 3-3 *
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, dots
hereby certify that the foregoing Power of Attomcy remains in full force and has not been revoked, and furthcrmorc, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attomcy, are in force as of the date of this Ccrtificatc.
This Ccrtiftcatc is cxccutcd in the City of Irvinc, California, the 2om day of AUGUST 2001 , _-~__ _’
By a ” #---
David G. Lane, Chief Operating Officer
ID-1380 (I 1100)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of cALIPoBNIA
County of SAN DIEGO
On 20 AUGUST 2001
DATE
before me, WENDY H. DOWNS, NOTARY PUBLIC I
NAME. TITLE OF OmCEA - E.G.. ‘JANE DOE, NOTARY WSLIC
personally appeared m H- LE~I~KA I
NAME(S) OF SIGNER(S)
0 personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person($) whose name(B) is/are
subscribed to the within instrument and ac-
knowledged to me that he/&t&hey executed
the same in his/h&W&r authorited
capacity&s), and that by his/h&#&
signature(b) on the instrument the person(b),
or the entity upon behalf of which the
person($) acted, executed the instrument.
OPTlOilAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFICER
PRESIDENT TITLE OR TYPE OF DOCUMENT m(s)
q PARTNER(S) 0 LlMlTED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIANCONSERVATOR
0 OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OA ENtTW(IES)
LESICKA DEVELOPMENT INC. DBA SIGNER(S) OTHER THAN NAMED ABOVE LESICKA CONSTRUCTION CO.
,-
STATE OF tilifomia
COUNTY OF San Dieuo
On 20 AWust 2001 , before me, Wendy H. Downs, Notary Public
PERSONALLY APPEARED Nancv D. Lesicka
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 acknowledged 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 ”
Signature This al-m for oi?kial rvotalial seal
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.
q INDIVIDUAL
iid CORPORATE OFFICER
secretaly
TlTLEg
DESCRIPTION OF AmACHED DOCUMENT
TITLE OF NPE OF DOCUMENT
q PARTNER(S) 0 UMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(4 OR ENTlTY@ESl
Lesicka Development Inc. dba
Lesicka Construction Co.
SIGNER(S) OTHER THAN NAMED ABOVE
IO-081 Rev. W94 ALL-PURPOSE ACKNOWLEDGEMENT
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
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
__
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for Concrete Block Containment Enclosure for an Emergency
Chlorine Scrubber System at the Carlsbad Swim Complex - FACOl-11
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.
9/l 1 /oo Contract No. FACOl-11 Page 35 of 59 Pages
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
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
- ,- Signature
Address
For Contractor:
For Escrow Agent:
Name
Signature
Address
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.
9/l 1 /oo Contract No. FACOl-11 Page 36 of 59 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title
Name
Signature
Address
For Contractor:
For Escrow Agent:
_-.
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. FACOl-11 Page 37 of 59 Pages
SUPPLEMENTAL PROVISIONS
FOR
Concrete Block Containment Enclosure for
An Emergency Chlorine Scrubber System
At the Carlsbad Swim Complex
CONTRACT NO. FACOl-11
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-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:
l-1.2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Public Works
Manager/General Services or his designee 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 Public Works Manager/General Services or his designee,”
unless stated otherwise.
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in
the opinion of the Public Works Manager/General Services or his designee”, 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 Public Works Manager/General
Services or his designee is intended.
Add the following section:
l-l .4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
9/l l/00 Contract No. FACOl-11 Page 38 of 59 Pages
Agency -the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
-
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.
Public Works Manager/General Services or his designee - the Public Works Director of the City
of Carlsbad or his/her approved representative. The Public Works Manager/General Services or his
designee 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 Supplemental 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 Public Works Manager/General Services or his designee’s designated
representative for inspection, contract administration and first level for informal dispute resolution.
Project Manager - the Public Works Manager/General Services 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.
l-3 ABBREVIATIONS
l-3.2 Common Usage, add the following: Abbreviation Word or Words
Apts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apartment and Apartments Bldg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building band Buildings CMWD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Municipal Water District
CSSD . . . . . . . . . ..*......................... Carlsbad Supplemental Standard Drawings
CfS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cubic Feet per Second
Comm . . . . . . . . . . . . . . . . . ..a................ Commercial
DR . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*............ Dimension Ratio
9/l 1 /oo Contract No. FACOl -11 Page 39 of 59 Pages
............................................ Electric
............................................ Gas
gal .......................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ....................................... Ground Not Visible
TJEP” ........................................ gallons per minute ........................................... Invert Elevation
LCWD .................................... Leucadia County Water District
MSL ....................................... Mean Sea Level (see Regional Standard Drawing M-12)
MTBM .................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ....................................... Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-Way ............................................
~DNR
Sewer or Slope, as applicable
.................................... San Diego Northern Railway
SDRSD .................................. San Diego Regional Standard Drawing
SFM ....................................... Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ........................................... Water, Wider or Width, as applicable VWD ...................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
25.1 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 the second sentence of paragraph one as follows: Delete, “who
is listed in the latest version of U.S. Department of Treasury Circular 570,“.
Modify paragraphs three and four to read: The Contractor shall provide a faithful petform-
anceiwarranty 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. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 O,OOO,OOO).
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.
9/l 1 /oo Contract No. FACOl-11 Page 40 of 59 Pages
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 Public Works
Manager/General Services or his designee. The bonds to secure payment of laborers and materials
suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if
all claims have been 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), 1997 Edition, and the 1998 AND 1999
supplements thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint
Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
The construction plans consist of five pages (Tl , Al, A2, A3, A4 & El). 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 most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter
designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District
Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water
District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Supplemental Provisions. 3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction. 6) Reference Specifications.
Q 9/l l/O0 Contract No. FACOl -11 Page 41 of 59 Pages
7) Manufacturer’s Installation Recommendations.
.- Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth
submittal had been given to the Public Works Manager/General Services or his designee). Each
sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals
shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.) 6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Public Works Manager/General Services or his designee’s review, Shop
Drawings shall bear the Contractor’s certification that the Contractor has reviewed, checked, and
approved the Shop Drawings and that they are in conformance with the requirements of the Contract
Documents. The Contractor shall subscribe to and shall place the following certification on all submittals:
“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 Public Works Manager/General Services or
his designee within ten (10) days of completion of the work. Payment for performing the work
required by section 2-5.4 shall be included in the various bid items and no additional payment will be
made therefor.
Contract No. FACOl -11 Page 42 of 59 Pages
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND PUBLIC WORKS MANAGER/GENERAL SERVICES OR HIS
DESIGNEE.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Public
Works Manager/General Services or his designee may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Public
Works Manager/General Services or his designee, within San Diego County, accurate books and
accounting records relative to all its activities and to contractually require all subcontractors to this
Contract to do the same. The Public Works Manager/General Services or his designee shall have
the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant
to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to,
audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff
and the staff of all subcontractors to this contract. At any time during normal business hours and as
often as the Public Works Manager/General Services or his designee may deem necessary, upon
reasonable advance notice, Contractor shall make available to the Public Works Manager/General
Services or his designee for examination, all of its, and all subcontractors to this contract, records
with respect to all matters covered by this Contract and will permit the Public Works Man-
ager/General Services or his designee to audit, examine, copy and make excerpts or transcripts from
such data and records, and to make audits of all invoices, materials, payrolls, records of personnel,
and other data relating to all matters covered by this Contract. However, any such activities shall be
carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business
operations. Contractor and all subcontractors to this contract shall maintain such data and records
for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Public Works Manager/General Services or his designee, be
paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
9/l l/00 Contract No. FACOl-11 Page 43 of 59 Pages
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) 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) L.abor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 section 3-3.2.3(a) shall be applied to the Subcontractor’s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Public Works Manager/General Services or his designee.
3-4 CHANGED CONDITIONS. .I
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 Public Works Manager/General Services or his designee, including failure or refusal to
issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless
the Contractor shall have first given the Public Works Manager/General Services or his designee 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 Public Works Manager/General Services or his designee 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.
,-
9/l 1 /oo Contract No. FACOl-11 Page 44 of 59 Pages
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-l 2655.
“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.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Public Works Manager/General Services or his
designee 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 Public Works Manager/General Services or his designee
at the earliest possible time in order that such matters be settled, if possible, or other appropriate
action promptly taken.
3-6 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City
Manager after which the Contractor may proceed under the provisions of the 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.
9/l 1100 Contract No. FACOl-11 Page 45 of 59 Pages
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater. (c)(l ) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
9/l 1 /oo Contract No. FACOl -11 Page 46 of 59 Pages
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process. (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)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lO) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .l 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) 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-l MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Public Works Man-
ager/General Services or his designee free and safe access to any and all parts of work at any time.
Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of
California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of
9/l 1 /oo Contract No. FACOl-11 Page 47 of 59 Pages
Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as
may apply. Contractor shall furnish Public Works Manager/General Services or his designee with
such information as may be necessary to keep the Public Works Manager/General Services or his
designee fully informed regarding progress and manner of work and character of materials.
Inspection or testing of the whole or any portion of the work or materials incorporated in the work
shall not relieve Contractor from any obligation to fulfil1 this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Public Works Manager/General Services or his designee, the source of supply of
each of the materials shall be approved by the Public Works Manager/General Services or his designee 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 Public Works Manager/General Services or his designee 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 Public
Works Manager/General Services or his designee. 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 Public Works
Manager/General Services or his designee, the substitution is determined to be unsatisfactory in
performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Public Works Manager/General Services or his designee a copy of lease agreements for each
property where such materials are stored. The lease agreement shall clearly state the term of the
lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage
shall conform to all laws and ordinances that may pertain to the materials stored and to preparation
9/l 1 /oo Contract No. FACOl-11 Page 48 of 59 Pages
of the storage site and the location of the site on which the materials are stored. Loss, damage or
deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the
requirements of this section, both within and outside the limits of work are a part of the Work. The
Public Works Manager/General Services or his designee shall have the right to verify the suitability
of materials and their proper storage at any time during the Work.
SECTlON 5 -- UTlLlTlES
6-l LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Public Works Manager/General Services or his designee’s approval, may be permitted to temporarily omit the portion of work
affected by the utility. If such temporary omission is approved by the Public Works Manager/General
Services or his designee the Contractor shall place survey or other physical control markers sufficient
to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such
temporary omission shall be for the Contractor’s convenience and no additional compensation will be
allowed therefor or for additional work, materials or delay associated with the temporary omission.
The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Public Works Manager/General Services or his
designee.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-l and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 10 calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1 .l Pm-Construction Meeting. After, or upon, notification of contract award, the Public Works Manager/General Services or his designee will set the time and location for the Preconstruction
Meeting. Attendance of the Contractor’s management personnel responsible for the management,
administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction
Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made
9/l 1 /oo Contract No. FACOl -11 Page 49 of 59 Pages
for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after
the wmpletlon of the preconstruction meeting.
Add the following section:
9-l .l .l Baseline Constructlon Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3.
Add the following section:
61.2.7 R88tralnts to Actlvltl8s. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
9-l 9.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
Add the following section:
9-l .2.9 Early Completlon. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-l. The Public Works Manager/General Services or his
designee may choose to accept the Contractor’s proposal of a project duration shorter than the
duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project
are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s
acceptance of a shortened duration project will be confirmed through the execution of a contract
change order revising the project duration and implementing all contractual requirements including
liquidated damages in accordance with the revised duration.
Add the following section:
61.2.10 Public Works Manager/General Services or his deSign88’S Review. The Construction
Schedule is subject to the review of the Public Works Manager/General Services or his designee.
The Public Works Manager/General Services or his designee determination that the Baseline
Construction Schedule proposed by the Contractor complies with the requirements of these
supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the
Public Works Manager/General Services or his designee. If the Public Works Manager/General
Services or his designee determines that the Construction Schedule does not meet the requirements
of these specifications the Contractor shall correct the Construction Schedule to meet these
specifications and resubmit it to the Public Works Manager or his designee. Failure of the Contractor
to obtain the Public Works Manager/General Services or his designee determination that the initial
Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting
shall be grounds for termination of the contract per section 6-4. Days used by the Public Works
Manager/General Services or his designee to review the initial Construction Schedule will not be included in the 30 working days.
The Public Works Manager/General Services or his designee will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The
Baseline Construction Schedule will be returned marked as per sections 8-1.2.10.1 through 6-
1.2.10.3.
Q/l 1 /OO Contract No. FACOl-11 Page 50 of 59 Pages
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-l .8.1.
Add the following section:
6-l .2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
wmments prior to receipt of payment per section 6-l .8-l.
Add the following section:
6-l .2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-l .8.1. The Notice
to Proceed will not be issued by the Public Works Manager/General Services or his designee if the
changes of the comments are not submitted as required hereinbefore and marked “Accepted” or
“Accepted with Comments” by the Public Works Manager/General Services or his designee. The Contractor, at the sole option of the Public Works Manager/General Services or his designee, may
be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Public Works Manager/General Services or his designee.
Add the following section:
6-l .3.1 Actual Activlty Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Public Works Manager/General Services or his designee with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Public Works Manager/General Services or
his designee as complete for the activity.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-l .3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-l. 4 Public Works Manager/General Services or his designee’s Review of Updated
Construction Schedule. The Public Works Manager/General Services or his designee will review
and return the Updated Construction Schedule to the Contractor, with any comments, within 5
working days of submittal. The Updated Construction Schedule will be returned marked as per
sections 6-l .4.1 through 6-l .4.3. Any Updated Construction Schedule marked “Accepted with
Comments” or “Not Accepted” by the Public Works Manager/General Services or his designee will be returned to the Contractor for correction. Upon resubmittal the Public Works Manager/General
Services or his designee will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a
monthly updated construction schedule will invoke the same consequences as the Public Works
Manager/General Services or his designee returning a monthly updated construction schedule marked “Not Accepted”,
9/l 1 /oo Contract No. FACOl-11 Page 51 of 59 Pages
Add the following section:
6-l .4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-l .8.2.
Add the following section:
6-l .4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Public Works Manager/General
Services or his designee incorporating the corrections and changes noted in the Public Works
Manager/General Services or his designee’s comments prior to receipt of payment per section 6-l .8.2.
Add the following section:
6-l .4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Public Works Manager/General Services or his designee incorporating the corrections and changes
noted in the Public Works Manager/General Services or his designee’s comments prior to receipt of
payment per section 6-l .8.2. The Contractor, at the sole option of the Public Works Man-
ager/General Services or his designee, may be considered as having defaulted the contract under
the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked ‘Accepted” by the Public Works Manager/General Services or his designee
before the last day of the month in which the Updated Construction Schedule is due. If the Contractor
fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the
project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility.
Add the following section:
6-1.6 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-l. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-l .3 Preparation of Schedule Updates and Revisions and
6-l. 4 Public Works Manager/General Services or his designee’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and
release of any and all funds retained per section Q-3.2.
-- Add the following section:
6-l .8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments of N/A dollars will be made subsequent to the initial payment for the
9/l 1 /oo Contract No. FACOl-11 Page 52 of 59 Pages
Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Public Works Manager/General Services or his designee has accepted as sufficient within the month
that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked “Accepted” by the Public
Works Manager/General Services or his designee on or before the twentieth working day of the
month such monthly updated construction schedule is due per section 6-l .3 Preparation of
Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the
stipulated lump sum price for Construction Schedule.
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
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 constructing a concrete
block containment enclosure that includes utility hook ups (electrical & gas) to the emergency
chlorine scrubber that is currently being manufactured.
6-6 DELAYS AND EXECUTlON OF TIME
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
to the Public Works Manager/General Sewices or his designee 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
Public Works Manager/General Services or his designee, 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 30 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 Public Works
Manager/General Services or his designee, 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 Public Works Manager/General Services or his designee 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 Public Works Manager/General Services or his designee 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.
6-6 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Public Works Manager/General Services or his designee will not accept the Work or any
9/l 1 /oo Contract No. FACOl -11 Page 53 of 59 Pages
portion of the Work before all of the Work is completed and all outstanding deficiencies that may
exist are corrected by the Contractor and the Public Works Manager/General Services or his
designee is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Public Works Manager/General Services or his designee’s judgment, the Work has been completed
and is ready for acceptance the Public Works Manager/General Services or his designee will so certify to the Board. Upon such certification by the Public Works Manager/General Services or his
designee the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Public Works Manager/General Services or his designee will cause a “Notice of Completion” to be
filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of FIVE HUNDRED Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
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.
_- Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency 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
9/l 1 /oo Contract No. FACOl-11 Page 54 of 59 Pages
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.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Public Works Manager/General Services or his designee, a delay is caused
by the utility company. No additional compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Public Works Manager/General Services or his
designee 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.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-OS-DWQ, NPDES
General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity”
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.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
“. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
9/l l/00 Contract No. FACOl -11 Page 55 of 59 Pages
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Public Works Manager/General
Services or his designee may, at his/her sole option, install the traffic signs, markings, delineation or
devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the
actual cost of providing such traffic control facility, whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 21 O-l .6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-l .6for materials and section 31 O-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractors employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Public Works Manager/General Services or his designee.
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.
9/l 1 IO0 Contract No. FACOl -11 Page 56 of 59 Pages
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract.
SECTION 9 - MEASUREMENT and PAYMENT
9-l MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Public Works Manager/General Services or his designee 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 Public Works Manager/General Services or his designee shall
complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s
information. Should the Contractor assert that additional payment is due, the Contractor shall within
ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Public Works Manager/General Services or his designee with adequate justification supporting the
amount of supplemental payment request. Upon receipt of the supplemental payment request, the
Public Works Manager/General Services or his designee shall, as soon as practicable after receipt,
determine whether the supplemental payment request is a proper payment request. If the Public
Works Manager/General Services or his designee determines that the supplemental payment
request is not proper, then the request shall be returned to the Contractor as soon as practicable,
but not later than seven (7) days after receipt. The returned request shall be accompanied by a
document setting forth in writing the reasons why the supplemental payment request was not
proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments
within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment
request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Public Works Manager/General Services or his
designee, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in
subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Public Works Manager/General Services or his designee 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 Public Works Manager/General Services or his designee 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.
9/l 1 /oo Contract No. FAG01 -11 Page 57 of 59 Pages
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
Public Works Manager/General Services or his designee 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 Public Works Manager/General Services or his designee
will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Public Works
Manager/General Services or his designee to ascertain the basis and amount of said disputed items. The Public Works Manager/General Services or his designee will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Public Works Manager/General
Services or his designee to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed
items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Public Works
Manager/General Services or his designee to ascertain the basis and amount of said claims. The Public Works Manager/General Services or his designee 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 Public Works Manager/General
Services or his designee to determine the facts or contentions involved in its claims. Failure to
submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Public Works Manager/General Services or his designee. 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 Materlals. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be included in the various items of work and no other payment will be made.
9/l I /oo Contract No. FACOl-11 Page 56 of 59 Pages
-.
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APPENDIX “A”
RESIDENT NOllFlCAllON EXAMPLE
0
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (760)XxX-XXXX
FIELD # (760)XxX-XXXX
Dear resident:
As a part of the City of Cadsbad’s ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt concrete
over the existing roadway surface. This construction will require the clos-
ing of your street to through traffic for one day. Your street, from XYZ St.
to XM Ave. will be closed to through traffic and resurfaced on:
MON. TUE. WED. THU. FRI. DATE:
from 7:OOA.M. to 500 P.M.
If you don’t plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will
not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad Public Works Manager/General Services or his designeeing Inspection Department.
When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly over-
laid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-6 hours after the asphalt is laid as running water will cause damage to the new surface.
ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at
(760)XxX-XXXX if you have any questions regarding the project. Resur- facing of your street will not occur on the day your trash is collected. Mail
delivery may be delayed if the postman cannot reach the mailbox that
day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which
cannot be addressed by the Contractor, you may call the City’s Public
Works Manager/General Services or his designeeing Inspection Depatt- ment at 438-l 161 x4323.
Thank you for your cooperation as we work to make a better City of Carlsbad.
9/l 1 /oo Contract No. FACOl-11 Page 59 of 59 Pages