HomeMy WebLinkAboutMACORD CONSTRUCTION CORP.; 1994-10-04; U/M 94-8I
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CITY OF CARLSBAD
San Diego County
California
I CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
HOLIDAY HOUSE FIRE RESTORATION
CONTRACT NO. U/M 94-8
1. 2/ 16/94
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CITY OF CARLSBAD
San Diego County
California
4 CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
HOLIDAY HOUSE FIRE RESTORATION
CONTRACT NO. U/M 94-8
1. 21 16/94
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TABLE OF CONTENTS 1.
NOTICE INVITING BIDS .................................................
CONTRACTOR'SPROPOSAL
BIDDER'S BOND TO ACCOMPANY PROPOSAL ................................
DESIGNATION OF SUBCONTRACTORS 1
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ........................ 1
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 1:
BY BIDDER AND SUBMITTED WITH BID .................................... 11
.............................................
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
CONTRACT - PUBLIC WORKS. l! ...........................................
LABOR AND MATERIALS BOND .......................................... 2:
FAITHFUL PERFORMANCWARRANTY BOND 2f
REPRESENTATION AND CERTIFICATION ................................... 2;
ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION ........................................ 21
RELEASEFORM 3'
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S BEC I AL PROWS 10 N S
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ................................ 3: I
1. 2/16/94
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I CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsba
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:30 p.m. on the 28th day (
July , 19% at which time they will be opened and read, for performing the work as follow2
0 I
I CONTRACT NO. U/M 94-8
Holiday House Fire Restoration
The work shall be performed in strict conformity with the specifications as approved by the Cil
Council of the City of Carlsbad on file with Community Services Department. The specification
for the work include the Standard Specifications of Public Works Construction, (SSPWC), 199
Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Souther
California Chapter of the American Public Works Association and as amended by the specii
provisions sections of this contract. Reference is hereby made to the specifications for fL
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 an
contractors to utilize recycled and recyclable materials when available and where appropriate
No bid will be received unless it is made on a proposal form furnished by the Purchasin
Department. Each bid must be accompanied by security in a form and amount required by lav
The bidder's security of the second and third next lowest responsive bidders may be withhel
until the Contract has been fully executed. The security submitted by all other unsuccessfi
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract I
awarded. Pursuant to the provisions of law (Public Contract Code Section 22300), appropiat
securities may be substituted for any obligation required by this notice or for any monies withhel
by the City to ensure performance under this Contract. Section 22300 of the Public Contra(
Code requires monies or securities to be deposited with the City or a state or federally chartere
bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
All bids will be compared on the basis of the Architect's Estimate. The estimated quantities ai
approximate and serve solely as a basis for the comparison of bids. The Architect's Estimate I
$30,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provision
of California state law. The contractor shall state their license number, expiration date an
classification in the proposal, under penalty of perjury. The following classifications ai
acceptable for this contract: Class 6, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents i
lieu of the usual 10% retention from each payment, these documen!s must be completed an 0 1 2/16/94
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submitted with the signed contract. The escrow agreement may not be substituted at a latc
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasin
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, Californit
for a non-refundable fee of $1 0.00 per set. If plans and specifications are to be mailed, the co
for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregulari
or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute tt
Contract shall be those as determined by the Director of Industrial Relations pursuant to tt
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labc
Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Cler
The Contractor to whom the Contract is awarded shall not pay less than the said specific
prevailing rates of wages to all workers employed by him or her in the execution of the Contrac
The Prime Contractor shall be responsible for insuring compliance with provisions of Sectic
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting ar
Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shi
apply to the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held on Wednesday, Ju
13,1994, at 8:OO a.m. at the project site located at 3235 Eureka Place, Carlsbad, CA 9200;
All bids are to be computed on the basis of the given estimated quantities of work, as indicate
in this proposal, times the unit price as submitted by the bidder. In case of a discrepant
between words and figures, the words shall prevail. In case of an error in the extension of a ur
price, the corrected extension shall be calculated and the bids will be computed as indicate
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 type
or written in with ink and must be initialed in ink by a person authorized to sign for tk
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8 Contractor.
Bidders are advised to veri the issuance of all addenda and receipt thereof one day prior 1
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection 1
bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers ar
materials suppliers, in an amount equal to one hundred percent (1 00%) and fQ percent (50%
respectively, of the Contract price will be required for work on this project. These bonds shl
be kept in full force and effect during the course of this project, and shall extend in full force ar
effect and be retained by the City until they are released as stated in the Special Provisior
section of this contract. All bonds are to be placed with a surety insurance carrier admitted ar
authorized to transact the business of insurance in California and whose assets exceed tht
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to conta
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the following documents:
2/ 16/94
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1) An original, or a certified copy I of the unrevoked appointment, power of attorney, by law
or other instrument entitling or authorizing the person who executed the bond to do so.
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0 2) A certified copy of the certificate of authority of the insurer issued by the insuranc
commissioner.
If the bid is accepted, the City may require a financial statement of the assets and liabilities of tt
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of tt
execution of the bond. The financial statement shall be made by an officer's certificate as define in Section 173 of the Corporations Code. In the case of aforeign insurer, the financial stateme
may be verified by the oath of the principal officer or manager residing within the United State
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Ratir
Guide of at least A-:V, and (2) are authorized to transact the business of insurance in the Sta
of California by the Insurance Commissioner. Auto policies offered to meet the specification 1
this contract must: (1) meet the conditions stated above for all insurance companies and (: cover anv vehicle used in the performance of the contract, used onsite or offsite, whether ownec
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certifica',
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 compan
meeting the above standards with the exception that the Best's rating condition is waived. Th
City does accept policies issued by the State Compensation Fund meeting the requirement fc
workers' corn pensat ion insurance.
The Contractor shall be required to maintain insurance as specified in the Contract.
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid City c
Carlsbad Business Ljcense for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No.
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94-17!
adopted on the 28th day of June , 1994 .
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(k7bec, 8$ &A,
Aletha L Rautenkranz, City Clerk Date
2/ 16/94
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CITY OF CARLSBAD
HOLIDAY HOUSE FIRE RESTORATION
CONTRACT NO. 94-8
CONTRACTOR’S PROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read th
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish a
labor, materials, equipment, transportation, and services required to do all the work to completl
Contract No. U/M 94-8 Holiday House Fire Restoration, in accordance with the Plans an(
Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in ful
payment therefor the following unit prices for each item complete, to wit:
Approximate
Item Quantity - No. Description and Unit Total
1. All labor, materials, tools and equipment Lump sum 9 28,@83,-
necessary to complete the fire restoration in
conformity with the plans, specifications and II other documents.
- Total amount of base bid in words: I d/ E?Q PV C3 ~G,~PT T&2c95-~~-~ D
1 ,Z’T 7
’ &ic Gl&&T $.bdki92Gas eihl48-y T!*P%?@ k
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
in this proposal.
The Undersigned has checked carefully all of the above figures and understands that the Citj
will not be responsible for any error or omission on the part of the Undersigned in preparing thi5
bid.
has/have been received and is/are includec
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The Undersigned agrees that in case of default in executing the required Contract with necessa
bonds and insurance policies within twenty (20) days from the date of award of Contract by tt
City Council of the City of Carlsbad, the proceeds of the check or bond accompanying this b
shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed
ithin the State of California, validly licensc
under license whic
is statement is as tl
legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to tl
Business and Professions Code shall be considered nonresponsive and shall be rejected by tl
City, § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall t
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. Pub1
Contract Code 9 20104.
The Undersigned bidder hereby represents as follows:
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1 .That no Council member, officer agent, or employee of the City of Carlsbad is personal
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; th
no representation, oral or in writing, of the City Council, its officers, agents, or employees hz
inducted him/her to enter into this Contract, excepting only those contained in this form
Contract and the papers made a part hereof by its terms; and
2.That this bid is made without connection with any person, firm, or corporation making a b I for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers’ compensation or to undertake sei
insurance in accordance with the provisions of that code, and agrees to comply with suc
provisions before commencing the performance of the work of this Contract and continue I
comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article
relative to the general prevailing rate of wages for each craft or type of worker needed to exea
the Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
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(3) Place of Business
Signature (given and surname) of proprietor
(Street and Number) I City and State
8 (4) Zip Code Telephone No.
8 IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted I
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(2) Signature (given and surname and character of partner) (Note: Signature mu
be made by a general partner)
(3) Place of Business
(Street and Number) 8 City and State
I Zip Code Telephone No.
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IF A CORPORATION, SIGN HERE: 8 (1) Name under which business is conducted
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Title
Impress Corporate Seal he
(3)
(4) Place of Business 1 C3 G -- 0 4 c P p GZ dcf.bLp3 !,6an kd
Incorporated under the laws of the State of rC A u \-= 4?>ec4 r iir\
I (Sheet and Number)
City and State (?; &$={% N X\&? c-,& -
e B ,.- (5) Zip Code 9 L 659 Telephone No.(& I G! ) Li! & 4L - g b L 5 i’
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST E 1 ATACHED
List below names of president, vice president, secretary and assistant secretary, if a corporatioi
if a partnership, list names of all general partners, and managing partners: I ~L-Ic<E?-o /L4*%& k4 b
} ss. S-jATi OF CALIFORNIA
COUNN OF SAN DlEGO
On July 28, 1994, before me, Robert Yadron Notary Public, personally appeared Eliseo Macias, proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity and that by his
signature on the instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
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0 KNOW AU PERSONS BY THESE PRESENTS:
That we,
as Surety are held and firmly bound unto the City of Carisbad, California, in an amount a:
follows: (must be at least ten percent (10%) of the bid amount)
, as Principal, and
for which payment, well and truly made, we bind ourselves, our heirs, executors an(
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above
bounden Principal for:
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Holiday House Fire Restoration
CONTRACT NO. U/M 94-8
in the Ctty of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter intc
and execute a Contract including required bonds and insurance policies within twenty (20) day:
from the date of award of Contract by the City Council of the City of Carlsbad, being duly notifiec
of said award, then this obligation shall become null and void; otherwise, it shall be and remair
in full force and effect, and the amount specified herein shall be forfeited to the said City.
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In the event Principal executed this bond as an individual, it is agreed that the death of Princip
shall not exonerate the Surety from its obligations under this bond.
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0 Executed by PRINCIPAL THIS Executed by SURETY this
day of ,19 day of j19-d I PRINCIPAL: SURETY:
(Name of Principal)
By:
(sign here) (Address of Surety)
(Name of Surety)
a
(print name here) (Telephone number of Surety)
By:
Signature of Attorney-in-Fact (title and organization of signatory)
By:
(sign here) printed name of Attorney-in-Fact
(attach corporate resolution showing current
power of attorney) (print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations.
only one officer signs, the corporation must attach a resolution certified by the secretary (
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
KAREN J. HIRATA I Deputy City Attorney
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DESIGNATION OF SUBCONTRACTORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors i
making up hidher bid and that the sub-contractors listed will be used for the work for which the
bid, subject to the approval of the City Engineer, and in accordance with applicable provision
of the specifications and Section 4100 et seq. of the Public Contracts Code - “Subletting an
Subcontracting Fair Practices Act.” No changes may be made in these subcontractors excer
upon the prior approval of the City Engineer of the City of Carlsbad. The following informatio
is required for each sub-contractor. Additional pages can be attached if required:
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items of Complete Address Phone No.
Work Full Company Name with Zip Code with Area Code
6L EC-mli .M0@&6vL9 %rn& l3LSi3-R IL- pic; 1 9 7 3 - 5-j 4 p
e AL9rnr4m A4.9dl LABirqt? TC @Ci/ L’lE -6.YYl , 3 1 ~vrWa,ii ‘b&snivb suhm PLcj ,+-. B,ri c (GI?) ?33-/SZy
&.fl cL-g c - &“&@(A bla c,\ CALI Ca.4 STTW/c f, ;e, (613 ClQG /QLj
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AMOUNT OF SUBCONTRACTORS' BIDS
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1 M kC@&9 Gtp4 rQbk3lefl I3 G, 3.39 94 r 2-0 ~~14 80 72
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The bidder is to provide the following information on the subbids of all the listed subcontractc
as part of the sealed bid submission. Additional pages can be attached, if required. a
Type of State
Contracting Cartsbad Business Amount of Bid
FULL COMPANY NAME License & No. License No. * ($ or %)
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&hm-41kiL sw ~&qp/~ C-(G $68 16-9 10 4.
5U.T QLb m l3 \N b 48193s/ 5 70
&DV'S <A Drnlzv 63.E/f2 5 7CJ
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must t
obtained prior to submission of signed Contracts.
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
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Bidder submits herewith a statement of financial responsibility.
Mid! 82 :>;4,n ITfLO (F c.cd9T&g%Cr 1s & #kRk) 633 m flncc‘&7
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Macord Construction Corporation
Financial Statements
June 30, 1994
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Leone Corsello & Vander Spek
An Accountancy Corporation
333 S. Juniper Street, Suite 217
Escondido, CA 92025 (619) 741-2659
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Macord Construction Corporation 106-D Copperwood Way
Oceanside, Ca. 92054
Accountant's Compilation Report
For The Period Ended June 30, 1994
We have compiled the accompanying balance sheet of Macord
Construction Corporation as of June 30, 1994, and the related
statement of income for the six months then ended in accordance witk
Statements on Standards for Accounting and Review Services issued bi the American Institute of Certified Public Accountants.
A compilation is limited to presenting in the form of financial statements information that is the representation of management. WE have not audited or reviewed the accompanying financial statements
assurance on them.
Management has elected to omit substantially all of the disclosures
and the statement of cash flows required by generally accepted
accounting principles. If the omitted disclosures and statement
were included in the financial statements, they might influence the user's conclusions about the company's financial position and
results of operations and cash flows. Accordingly, these financial
statements are not designed for those who are not informed about
such matters.
0 and, accordingly, do not express an opinion or any other form of
G 22 /Irn.?- &J&!l $ V&dC,t ycL c
Leone Corsello & Vander Spek
September 19, 1994
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1 Macord Construction Corporation
Balance Sheet
June 30, 1994
Assets ab
Current Assets
Cash in Bank - Payroll $32,504.66
Cash In Bank - Macord 26,339.94
Total Cash In Bank 58,844.60
153,936.90 Accounts Receivable
Loan - J. Alfaro 500.00
Prepaid Tax - CA 78.00 ____-___-___
Total Current Assets $213,
Fixed Assets
Office Furniture & Equipment 11,791.44 Construction Equipment 1,178.30
Vehi c 1 e 5,000.00 Accumulated Depreciation (10,057.50) -_-_---_-___
7, Total Fixed Assets
Other Assets
Organizational Expenses 881.00 Accum Amortization - Org. Exp. (440.00) __-_--__--__ 0 Total Other Assets ------
Total Assets $221, -_---_ --_---
0
See Accountants' Compilation Report
Leone Corsello & Vander Spek
Y Macord Construction Corporation Balance Sheet
June 30, 1994
Liabilities and Capital
Current Liabilities
a
Accounts Payable $45,122.20
Accrued Payroll 13,909.94
Billing Excess 29,140.00
Federal Income Tax Payable 827.00 -__---__-_--
Total Current Liabilities $88
Long Term Liabilities Note - E. Macias 30,590.27 __----__-_--
Total Long Term Liabilities 30 -----
Total Liabilities 119
Capital Common Stock 3,970.00
Treasury Stock (13,057.00)
Retained Earnings 54 , 159 29
Year-to-Date Net Income 57 , 051.04 _________-__
102 __-_-. 0 Total Capital
Total Liabilities and Capital $221 -----. -_---.
0
See Accountants' Compilation Report
Leone Corsello & Vander Spek
j Macord Construction Corporation Statement of Income Six Months Ended June 30, 1994
Six Months
Income
Contract Income 718,242.12 100
Total Income 718,242.12 100
Q
-------____-
----________
Cost of Sales
Purchases - Material 228,283.71 31 Labor 236,671.69 33 Contract Labor 30 , 401.00 4 Workers Comp. 39,492.02 5 Taxes On Payroll 27,619.72 3 Equipment Rental 17,902.06 2 --__________
Total Cost of Sales 580,370.20 80 ------_-----
Gross Profit 137,871.92 19
Officers’ Salaries 32,890.00 4
Advertising & Promotion 911.15 Amortization 88.00 Automobile Expense 4,997.94 0 Auto Insurance 317.50
Bank Service Charge 472.26 Contributions 210.00 Depreciation 1,340.50 Dues and Subscriptions 2,537.45 Education & Training 175.00 Entertainment & Meals 1,027.01 Insurance 15,771.60 2 Interest 781.66 License 565.00 Payroll Service Fees 1,888.98 Professional Fees 3,379.19 Medical 191.00 Miscellaneous 491.65 Office Supplies & Expense 531.57 Postage 216.50 Rent 3,874.00 Taxes on Payroll 3,118.09 Taxes - Other 114.91 Telephone 2,580.04 Travel 1,262.96 Utilities 286.92
Operating Expenses
---------___
Total Operating Expenses 80 , 020.88 1: ---------___
0 Income from Operations 57,851.04 t
See Accountants‘ Compilation Report
Leone Corsello & Vander Spek
I Macord Construction Corporation Statement of Income
Six Months Ended June 30, 1994
Six Months
Other Income ____________
0
Total Other Income 0.00
Other Expenses ____________
Total Other Expenses 0.00 ____________
Pretax Net Income 57,851.04 8
800.00 Taxes - California ____________
Net Income $57,051.04 7 ____________ -_--__-__-__
0
*
See Accountants' Compilation Report
Leone Corsello & Vander Spek
Macord Construction Corporation
Statement of Changes in Cash Balances
For the Year Ended December 31, 1993
, '.
Six Months Six
$10,862.22 $IC @ Cash - Beginning Balance
Cash Was Provided By:
Operations-
Net Income (Loss) 57 , 051.04 57
Depreciation 1 f 340.50 1
Total From Operations 58,391.54 5E
(26,288.63) (2f
Cost & G P Excess 2,534.00 2
Accounts Payable (35,449.42) (35
Add (Deduct) - Items Not Affecting
Cash Balances:
---__ -______-____
Other Sources (Uses) of Cash:
Accounts Receivable
Loan - J. Alfaro (500.00)
Prepaid Tax - CA 106.00
Office Furniture & Equipment (779.71) Accum Amortization - Org. Exp. 88.00
Accrued Payroll 13 f 909.94 13
Billing Excess 26,605.00 26 Federal Income Tax Payable (616.00)
Note - E. Macias 9,981.66 9
(10,409.16) (10
Net Increase (Decrease) 47 , 982.38 47
$5f
----- --____----__
----- ___--_----__
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Cash - Ending Balance $58,844.60 --____ _-___ ____-_----__ ____-_---___
0
See Accountants' Compilation Report
Leone Corsello & Vander Spek
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
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The Bidder is required to state what work of a similar character to that included in the propose
Contract he/she has successfully performed and give references, with telephone numbers, whic
will enable the City to judge his/her responsibility, experience and skill. An attachment can t
used.
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMllTED WITH BID
State of California 1
County of 1
) ss. I.
E$.o$z-G F. /~~\RK~;%:S , being first duly sworn, deposes (Name of Bidder)
and says that he or she is 73245 q ,Q'.'? j-
(Tit le)
of b4 & LL?+%o CO+tS~rie-b:G.$&l caqpe(q?n-j-dQ.d
(Name of Firm)
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, an
undisclosed person, partnership, company, association, organization, or corporation; that the bic is genuine and not collusive or sham; that the bidder has not directly or indirectly induced c
solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colludec conspired, connived, or agreed with any bidder or anyone shall refrain from bidding that thl bidder has not in any manner, directly or indirectly, sought by agreement communication, c
conference with anyone to fix the bid price, or of that of any other bidder, or to fix any overheac
profit, or cost element of advantage against the public body awarding the contract of anyonl
interested in the proposed contract; that all statements contained in the bid are true; and furthei
that the bidder has not, directly or indirectly submitted his or her bid price or any breakdowi
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and wil
not pay, any fee to any corporation, partnership, company association, organization, bic depository, or to any member or agent thereof to effectuate a collusive or sham bid.
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is true and correct and that this affidavit wa:
,194Y .
,199y
7 Subscribed and swim to before me on the d8LA day of d 0~9 b (NOTARY SEAL) 69 (7 /&J (tp J$L /-,
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Signature zf Notary /
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I CONTRACT - PUBLIC WORKS
This a reement is made this +* day of dm 19 7 9 , by and between the City of Carlsbad, California, a municipal corporation, (hereinaftc
called "City"), and MACORD CONSTRUCTION CORPORATION
whose principal place of business is 106-D COPPERWOOD WAY, OCEANSIDE
CALIFORNIA 92054 (hereinaftercalled'Co ntracto r'
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City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contra
documents for:
Holiday House Fire Restoration, Contract No. U/M 948, 1 (hereinafter called "project")
8 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tool
equipment, and personnel to perform the work specified by the Contract Document
Contract Documents. The Contract Documents consist of this Contract, Notice lnvitir
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidav
Escrow Agreement, Release Form, the Plans and Specifications, the Speci
Provisions, and all proper amendments and changes made thereto in accordance wii
this Contract or the Plans and Specifications, and all bonds for the project; all of whic
are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install tt
work as indicated, specified, and implied by the Contract Documents. Any items (
work not indicated or specified, but which are essential to the completion of the worl
shall be provided at the Contractor's expense to fulfill the intent of said document'
In all instances through the life of the Contract, the City will be the interpreter of tt-
intent of the Contract Documents, and the City's decision relative to said intent will t:
final and binding. Failure of the Contractor to apprise subcontractors and materia
suppliers of this condition of the Contract will not relieve responsibility of compliancc
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4. Pavment. For all compensation for Contractor‘s performance of work under th
Contract, City shall make payment to the Contractor per Section 9-3 of the Standai
SDecifications for Public Works Construction (SSPWC) 1991 Edition, and the late
supplement, hereinafter designated “SSPWC“, as issued by the Southern Californ
Chapter of the American Public Works Association, and as amended by the Speci
Provisions section of this contract. The closure date for each monthly invoice will t
the 30th of each month. Invoices from the Contractor shall be submitted accordir
to the required City format to the City’s assigned project manager no later than the 5
day of each month. Payments will be delayed if invoices are received after the 5th
each month. The final retention amount shall not be released until the expiration
thirty-five (35) days following the recording of the Notice of Completion pursuant
California Civil Code Section 31 84.
Public Contract Code section 20104.50 requires a summary of its contents to be SI
forth in the terms of the contract. Below is such a summary. However, contract(
should refer to Public Contract Code section 201 04.50 for a complete statement of tt-
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The city shall make progress payments within 30 days after receipt of an undispute
and properly submitted payment request from a contractor on a construction contrac
If payment is not made within 30 days after receipt of an undisputed and proper
submitted payment request, then the city shall pay interest to the contractor equivalei
to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Ci\
Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after receip
determine whether the payment request is a proper payment request. If the cit
determines that the payment request is not proper, then the request shall be returnec
to the contractor as soon as practicable but not later than seven (7) days after receip
The returned request shall be accompanied by a document setting forth in writing th
reasons why the payment request was not proper.
If the city fails to return the denied request within the seven (7) day time limit, then th
number of days available to the city to make payment without incurring interest sha
be reduced by the number of days by which the crty exceeds the seven (7) day retur
req u ire ment .
“Progress payment” includes all payments due contractors except that portion of th
final payment designated by the contract as “retention earnings”.
Independent Investiqation. Contractor has made an independent investigation of th
jobsite, the soil conditions at the jobsite, and all other conditions that might affect tht
progress of the work, and is aware of those conditions. The Contract price include!
payment for all work that may be done by Contractor, whether anticipated or not, it
order to overcome underground conditions. Any information that may have beer
furnished to Contractor by City about underground conditions or other job condition:
is for Contractor’s convenience only, and City does not warrant that the conditions art
as thus indicated. Contractor is satisfied with all job conditions, including undergrounc
conditions and has not relied on information furnished by City.
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6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsil:
for all loss or damage arising out of the nature of the work or from the action of t
elements or from any unforeseen difficulties which may arise or be encountered in t
prosecution of the work until its acceptance by the City. Contractor shall also
responsible for expenses incurred in the suspension or discontinuance of the wo
However, Contractor shall not be responsible for reasonable delays in the completil
of the work caused by acts of God, stormy weather, extra work, or matters which t
specifications expressly stipulate will be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves diggi
trenches or other excavations that extend deeper than four feet below the surfa
Contractor shall promptly, and before the following conditions are disturbed, not
City, in writing, of any:
A.
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7.
Material that Contractor believes may be material that is hazardous waste, i
defined in Section 251 17 of the Health and Safety Code, that is required to I
removed to a Class I, Class 11, or Class Ill disposal site in accordance wi
provisions of existing law.
6. Subsurface or latent physical conditions at the site differing from those indicate
C. Unknown physical conditions at the site of any unusual nature, differe
materially from those ordinarily encountered and generally recognized i
inherent in work of the character provided for in the contract.
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City shall promptly investigate the conditions, and if it finds that the conditions c
materially so differ, or do involve hazardous waste, and cause a decrease or increaz
in contractor’s costs of, or the time required for, performance of any part of the WOI
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 conditior
materially differ, or involve hazardous waste, or cause a decrease or increase in tt
contractor’s cost of, or time required for, performance of any part of the worl
contractor shall not be excused from any scheduled completion date provided for t
the contract, but shall proceed with all work to be performed under the contrac
Contractor shall retain any and all rights provided either by contract or by law whic
pertain to the resolution of disputes and protests between the contracting parties.
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8. Chanae Orders. City may, without affecting the validity of the Contract, order change
modifications and extra work by issuance of wriien change orders. Contractor sh:
make no change in the work without the issuance of a wriien change order, ar
Contractor shall not be entitled to compensation for any extra work performed unles
the City has issued a wriien change order designating in advance the amount
additional compensation to be paid for the work. If a change order deletes any wor
the Contract price shall be reduced by a fair and reasonable amount. If the parties ai
unable to agree on the amount of reduction, the work shall nevertheless proceed ar
the amount shall be determined by litigation. The only person authorized to ordl
changes or extra work is the Project Manager. The wriien change order must t
executed by the City Manager or the City Council pursuant to Carlsbad Municip
Code Section 3.28.172.
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9. lmmiqration Reform and Control Act. Contractor certifies he is aware of th
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectior
11 01-1 525) and has complied and will comply with these requirements, including, b\
not limited to, verifying the eligibility for employment of all agents, employee!
subcontractors, and consultants that are included in this Contract.
10. Prevailinq Waqe. Pursuant to the California Labor Code, the director of th
Department of Industrial Relations has determined the general prevailing rate of pc
diem wages in accordance with California Labor Code, Section 1773 and a copy of
schedule of said general prevailing wage rates is on file in the office of the Carlsba
City Clerk, and is incorporated by reference herein. Pursuant to California Labor Cod(
Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies c
all applicable prevailing wages on the job site.
Indemnification. Contractor shall assume the defense of, pay all expenses of defense
and indemn'Q and hold harmless the City, and its officers and employees, from a
claims, loss, damage, injury and liability of every kind, nature and description, direct1
or indirectly arising from or in connection with the performance of the Contractor o
work; or from any failure or alleged failure of Contractor to comply with any applicabli
law, rules or regulations including those relating to safety and health; except for 10s:
or damage which was caused solely by the active negligence of the Crty; and from an!
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 Contracl
unless the loss or damage was caused solely by the active negligence of the City
The expenses of defense include all costs and expenses including attorneys fees fo
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contrac
insurance against claims for injuries to persons or damage to property which may arisc
from or in connection with the performance of the work hereunder by the Contractor
his agents, representatives, employees or subcontractors. Said insurance shall mee'
the City's policy for insurance as stated in Resolution No. 91-403.
(A)
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11.
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12.
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I COVERAGES AND LIMITS - Contractor shall maintain the types of coverages
and minimum limits indicated herein:
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1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury an
property damage. If the policy has an aggregate limit, a separai
aggregate in the amounts specified shall be established for the risks fc
which the City or its agents, officers or employees are
additional insured.
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2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury an
property damage. In addition, the auto policy must cover anv vehic
used in the performance of the contract, used onsite or offsite, whethc
owned, non-owned or hired, and whether scheduled or non-schedulec
The auto insurance certificate must state the coverage is for "any aut(
and cannot be limited in any manner.
Workers' ComDensation and Employers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code of tt-
State of California and Employers' Liability limits of $1,000,000 pt
incident. Workers' compensation offered by the State Compensatio
Insurance Fund is acceptable to the City.
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(6) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies (
insurance required under this agreement contain, or are endorsed to contain, th
following provisions. General Liability and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered a
additional insured as respects: liability arising out of activitie
performed by or on behalf of the Contractor; products and complete
operations of the contractor; premises owned, leased, hired c
borrowed by the contractor. The coverage shall contain no specii
limitations on the scope of protection afforded to the City, its official:
employees or volunteers.
The Contractor's insurance coverage shall be primary insurance a
respects the City, its officials, employees and volunteers. Any insuranc
or self-insurance maintained by the City, its officials, employees c
volunteers shall be in excess of the contractor's insurance and shall nc
contribute with it.
Any failure to comply with reporting provisions of the policies shall nc
affect coverage provided to the City, its officials, employees c
2.
3. I vo tu nteers.
4. Coverage shall state that the contractor's insurance shall appl
separately to each insured against whom claim is made or suit i
brought, except with respect to the limits of the insurer's liability.
(C) "CCLAIMS MADE" POLICIES - If the insurance is provided on a "claims mad6
basis, coverage shall be maintained for a period of three years following the dat
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of completion of the work.
NOTICE OF CANCELLATION - Each insurance policy required by this agreeme
shall be endorsed to state that coverage shall not be nonrenewed, suspende
voided, canceled, or reduced in coverage or limits except after thirty (30) da)
prior written notice has been given to the City by certified mail, return recei
requested.
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(D)
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - A
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deductibles or self-insured retention levels must be declared to and approvc
by the City. At the option of the City, either: the insurer shall reduce
eliminate such deductibles or self-insured retention levels as respects the Ci
its officials and employees; or the contractor shall procure a bond guaranteeii
payment of losses and related investigation, claim administration and defen
expenses.
WAIVER OF SUBROGATION - All policies of insurance required under tt
agreement shall contain a waiver of all rights of subrogation the insurer m
have or may acquire against the City or any of its officials or employees.
SUBCONTRACTORS - Contractor shall include all subcontractors as insurc
under its policies or shall furnish separate certificates and endorsements for ea1
subcontractor. Coverages for subcontractors shall be subject to all of t
requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers tt
have a rating in Best’s Key Rating Guide of at least A-:V, and are authorized
transact the business of insurance by the Insurance Commissioner under t
standards specified in by the City Council in Resolution No. 91-403 .
VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificat
of insurance and original endorsements affecting coverage required by tt
clause. The certificates and endorsements for each insurance policy are to ’
signed by a person authorized by that insurer to bind coverage on its behz
The certificates and endorsements are to be in forms approved by the City ai
are to be received and approved by the Clty before work commences.
COST OF INSURANCE - The Cost of all insurance required under this agreeme
shall be included in the Contractor’s bid.
(F)
(G)
(H)
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(I)
(J)
13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims E
(Section 900 et seq of the California Government Code) for any claim or cause
action for money or damages prior to filing any lawsuit for breach of this agreeme
Maintenance of Records. Contractor shall maintain and make available at no cost
the City, upon request, records in accordance with Sections 1776 and 181 2 of Part
Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain t
records at Contractor’s principal place of business as specified above, Contractor sh
so inform the City by certified letter accompanying the return of this Contra
Contractor shall notify the City by certified mail of any change of address of su
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15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sectio
1720 of the Labor Code are incorporated herein by reference.
Securi. Securiities in the form of cash, cashier's check, or certified check may b
substituted for any monies withheld by the City to secure performance of this contra(
for any obligation established by this contract. Any other security that is mutual'
agreed to by the Contractor and the City may be substituted for monies withheld t
ensure performance under this Contract.
Provisions Required bv Law Deemed Inserted. Each and every provision of law an
clause required by law to be inserted in this Contract shall be deemed to be inserte
herein and included herein, and if, through mistake or otherwise, any such provisio
is not inserted, or is not correctly inserted, then upon application of either party, th
Contract shall forthwith be physically amended to make such insertion or correctioi
Additional Provisions. Any additional provisions of this agreement are set forth in tt-
"General Provisions" or "Special Provisions" attached hereto and made a part herea
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BI
ATACHED
(CORPORATE SEAL)
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1 * APPROVED TO AS TO FORM:
RONALD R. BALL
City Attorney I By:
tN J. - if wu w
'h.sssdc+cl G242d.4 Depty City Attorney
ktaE
Title Print Name of Signatory
2/ 16/94
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On September 26, 1994, before me, Robert Yadron Notary Public, personally appearc
Eliseo Macias, proved to me on the basis of satisfactory evidence to be the persc
whose name is subscribed to the within instrument and acknowledged to me that I
executed the same in his authorized capacity and that by his signature on the instrume
the person or the entity upon behalf of which the person acted, executed the instrumei
WITNESS my hand and official seal.
} ss.
>-
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I ATTEST:
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PRVJIIUFA IS FOR Cl" AND IS SUBJECT To a1 e WED ON FINALmw LABOR AND MATERIALS BOND 8
BOND NUMBER: 177132P PREMIUM: INCL. W/PERF. BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution N , has av 94-236 , adopted AUGUST 76, 1994
to MACORD CONSTRUCTION CORPORATION 0
(hereinafter designated as the "Principal"), a Contract for:
Holiday House Fire Restoration, Contract No. U/M 94-8,
in the Crty of Carlsbad, in strict conformity with the drawings and specifications, and
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad an(
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms tl
require the furnishing of a bond, providing that if Principal or any of their subcontractors st
to pay for any materials, provisions, provender or other supplies or teams used in, upon or
the performance of the work agreed to be done, or for any work or labor done thereon t
kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE,
Principal, (hereinafter designated as the "Contractor"), and
CALIFORNIA as Surety, are held firmly bound unto the City of Carlsbad in tht
of FOURTEEN THOUSAND FOUR HUNDRED FORTY ONE E 501100
Dollars ($ 14,441 .50 ), said sum being fifty percent (50%) of the estin
amount payable by the City of Carlsbad under the terms of the Contract, for which paymen
and truly to be made we bind ourselves, our heirs, executors and administrators, successo
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontradoi
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or a
the performance of the work contracted to be done, or for any other work or labor thereon o
kind, or for amounts due under the Unemployment lnsurance Code with respect to such
or labor, or for any amounts required to be deducted, withheld, and paid over to the Employr
Development Department from the wages of employees of the contractor and subcontrac
pursuant to Section 13020 of the Unemployment lnsurance Code with respect to such work
labor that the Surety will pay for the same, not to exceed the sum specified in the bond,
also, in case suit is brought upon the bond, costs and reasonable expenses and fees, inclu
reasonable attorney's fees, to be fixed by the court, as required by the provisions of Section 2
of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations ent
to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Sec
3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the te
of the Contract, or to the work to be performed thereunder or the specifications accompan!
the same shall affect its obligations on this bond, and it does hereby waive notice of any char
extension of time, alterations or addition to the terms of the contract or to the work or to
specifications.
MACORD CONSTRUCTION CORPORATION
INDEMNITY COMPANY OF
*
0
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a a In the event that Contractor is an individual, it is agreed that the death of any such Contr
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this :&& J-' Executed by SURETY this 22ND
day of SE p $-&p-l~ exc ,199nd . day of SEPTEMBER
CONTRACTOR: SUREN:
I l9; e
MACORD CONSTRUCTION CORPOFATION INDEMNITY COMPANY OF CALIFOF
(Name of Surety)
17780 FITCH, IRVINE, CA 92i
(Address of Surety)
714-263-3300
(print name here) (Telephone Number of Surety) 1
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+-
By: 'a <T&T tg&,-T
(title and organization of signatory)
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By: STEVEN R. BONILLA Printed name of Attorney-in-Fact
AL/p,& p P/fi&lB& (attach corporate resolution showing CUI wer of attorney) e
d
1- (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolutlon certified by the secretary or assistant secretary UI corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney P
* I By: $tLLJ. Lh
€3ep++ City Attorney
Ar5.t..
0
2/16/5
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Attached to Labor and Materials Bond #1771132P
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On September 26, 1994, before me, Robert Yadron Notary Public, personally appeE
Eliseo Macias and Alice P. Macias, proved to me on the basis of satisfactory evide
to be the persons whose names are subscribed to the within instrument l
acknowledged to me that they executed the same in their authorized capacities and
by their signatures on the instrument the persons or the entity upon behalf of which
persons acted, executed the instrument.
WITNESS my hand and official seal.
} ss.
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CALIFORNIA
COUNTY OF SAN DIEGO
SEPTEMBER 22, 1994 , before me, DOROTHY A. KOHL
PERSONALLY APPEARED STEVEN R. BONILLA
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 acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
This area for Official Notarid Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre1
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT ID-081 Rev. 6/94
* 0 PRfMlllM 16 FOR CONTRAC
4NO 1s WBLEC? TO RW FAITHFUL PERFORMANCE/WARRANTY BOND B~DOIyFwco~c7
BOND NUMBER: 177132P PREMIUM: $722.00
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. -
94-236 , adopted AUGUST 16, 1994 , has award(
to MACORD CONSTRUCTION CORPORATION 0
(hereinafter designated as the "Principal"), a Contract for:
Holiday House Fire Restoration, Contract No. U/M 94-8,
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, a
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad,
of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thert
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, MACORD CONSTRUCTION CORPORATION f
Principal, (hereinafter designated as the "Contractor"), and INDEMNITY COMPANY OF
as Surety, are held firmly bound unto the City of Carlsbad in the si
of TWENTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY THREE E N0/100
Dollars ($ 28,883.00 ), said sum being equal to one hundred percent (100
of the estimated amount of the Contract, to be paid to City or its certain attorney, its success(
and assigns; for which payment, well and truly to be made, we bind ourselves, our he1
executors and administrators, successors or assigns, jointly and severally, firmly by thc
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, tt
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide I
and well and truly keep and perform the covenants, conditions, and agreements in the Contrl
and any alteration thereof made as therein provided on their part, to be kept and performed
the time and in the manner therein specified, and in all respects according to their true intent a
meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees a
agents, as therein stipulated, then this obligation shall become null and void; otherwise it st
remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified there1
there shall be included costs and reasonable expenses and fees, including reasonable attorne
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs E
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the ter
of the Contract, or to the work to be performed thereunder or the specifications accompany
the same shall affect its obligations on this bond, and it does hereby waive notice of any chan
extension of time, alterations or addition to the terms of the contract or to the work or to
specifications.
CALIFORNIA
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Attached to Faithful Performance/Warranty Bond #1771132P
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On September 26, 1994, before me, Robert Yadron Notary Public, personally appearc
Eliseo Macias and Alice P. Macias, proved to me on the basis of satisfactory eviden
to be the persons whose names are subscribed to the within instrument ai
acknowledged to me that they executed the same in their authorized capacities and tt
by their signatures on the instrument the persons or the entity upon behalf of which tl
persons acted, executed the instrument.
WITNESS my hand and official seal.
] ss.
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In the event that Contractor is an individual, it is agreed that the 9 eath of any such Contrac
e shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this LG->~ Executed by SURETY this 22ND @ day of 5Cp-r-fj%$ef2- , 19 Q]"$ , day of SEPTEMBER , 19%
CONTRACTOR: SURETY:
INDEMNITY COMPANY OF CALIFORNI A
(Name of Surety)
17780 FITCH, IRVINE, CA 92714
(Address of Surety)
714-263-3300
(Telephone of Surety)
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I L4/w&%+4&~ By:
(title and organization of signatory)
*
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A&&, ?5+?2?&&&Ld STEVEN R. BONILLA 7
(sign here)
By: c-
Printed name of Attorney-in-Fact
(attach corporate resolution showing curl
power of attorney)
7LfG.L -* /AW@G&/& /A
0
L' (title and organizatiodof signatory) 0
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary ur corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
r.
1 B@puty City Attorney hit.
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CALIFORNIA
COUNTY OF SAN DIEGO
DOROTHY A. KOHL SEPTEMBER 22, 1994 , before me,
PERSONALLY APPEARED STEVEN R. BONILLA
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 acknowl-
edged 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@) acted, executed
the instrument.
WITNESS my hand and official seal.
This areu for OfJiciaI Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEb
TITLE OR TYPE OF DOCUMENT TlTLE(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
~-_ SIGNER(S) OTHER THAN NAMED ABOVE
~~~~..
ALL-PURPOSE ACKNOWLECGEMENT ID-081 Rev. 6/94
POWER OF ATTORNEY OF
l NDEM NlTY COM MIA
AND DEVELOPERS PAMY N! 1:
P.O. BOX 19725, IRVINE, CA 92713 0 (714) 263-3300
N3 1. Aii power and auihoriiy herein granted shall in any evenilerminais on the 31s) day oi March, 1996.
2. This !Power 0.; Attorney is void if altered or ii any portion is erased.
3. This ?ow?r of A-itorney is void unless the seal is readable, iheiexi is in brown ink, ihe signaiuies are in blue ink and this noiice is in red ink.
4.. This Power of Attorney sliould not be ieiuined to the A'doiney(s]-In-Fact, bui should remain a permanent part oT the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE CC
severally, but not jointly, hereby make, constitute and appoint
*""STEVEN R. BONILLA, JO ANN PARKER, DOiROTHY A. KOHL, JOINTLY OR SEVERALLY"""
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertaking
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attor
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but re said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact. pursuant to these presents, are hereby ratified and conf
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial bonds, insurance company qualifying bonds, self-insurer'sbonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Direct0
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute F qualifying the attorney@) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Seci tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bo contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be sign,
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
DEVELOPERS INSURANCE COMPANY 0 BY
ocr. 5 ATTEST 5 d 1267 ATTEST
*/%oeJ\:\+*
BY fhLLw/& Walter Crowell BY h&-A/ Walter Crowell
Secretary Secretary
STATE OF CALlFORNiA)
COUNTY OF ORANGE )
) ss.
On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the t
evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/b 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 instrum
WITNESS my hand and official seal.
7
Signature &*-q. ?se_
e
BY kc? =&
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMl
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutior
rds of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
his Certificate is executed in the City of irvine, California, this 22ND day of SEPTEMBER , 199-. 4
DEVELOPERS INSURANCE COMPANY INDEMNITY COMPANY OF CALIFORNIA (f=J ocr. 5 +k? %&
BY L.C. Fiebiger r
Senior Vice President
f L1 1967
L.C. Fiebiger f \* P Senior Vice President %'(C,FOR* .r\
ID-310 REV. 4/93
* MIRE KENNEDY INSURANCE AGENCY
94 44 BALBOA AVENUE I SCITz 2 50 'Ibis ceriiflcate is issued as a matter of Information onb mi cmtr upon he ceri#ic%te holder, This certificata does not amend, exw coverage aflQrdeal by t#e gorrcles snown tlelow.
MMPAHW PMWIDIWB GQBTLRBi fSfE1" a TRUCK INSURANCE EXCHANGE ST. 9.9 DIST.. 56 AGENTX
, MACORD CONSTRUCTION CQRPORATLON spy 1 PARFAEM INSUMAI\ICE EXCHMGE
. OCEANSIDE, CA 92054 IEnER c MID-C€NTURY INSURANCE COMPA , 106-D COPPERWOOD WAY
Au OW0 COMMERCIAL AUTDS
UKlWALL CONTRACTOQ;
"HOLIDAY HOUSE FIRE RESTQRATIDN" - CONTRACT NO. U/M 94-8"; CERTIFLCATE
AL& CALfFORNIA DFERATIONS OP THE NAMED INSURED AS
OF CARESBAD
PURCHASING DEPARTMENT Address : 1200 CARLSaAB VfLLhGE DRIVE
CARLSBAD, CA 92008-1989
POLICY NOJM8ER; 601 82-76-06 COMMERClAt GE N ERAt a 78418 ENDORSEMENT CVANGEG THE POLICY. PLEASE READ IT CAREFULL$
ADDITIONAL INSURED - QWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the fatlowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART. COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART.
SCHEDULE
Name of PWOn Or ~rgan~matlon: CITY OF CARLSBAD
(ti no entry appears above, information required to complete thin nnrbrsernent will be shown In the Oe as applicable to this endorsement.)
WHO IS AN INSURED (Section IC) Is amended to includc ;r~, an Insured the pctr$on or organiw1iort dit Schedule, but oniy with raspact to liability arising out sf "your work" for that rnsured by or for you.
"IT IS HEREBY UNDERSTOOD AND AGREED TIIAT TIIE lOLT'CY TO WHICH TBXl
&MOUNT OF COVERAGE THEREOF REDUCED UNTIL 36 DAYS (30) DAYS AFTER
RECEIPT QF WRPTPEN NOTICE OF CANCELLATION OK REDUCTION IN COVERAC
BY THE CITY CLnRR OF THE CITY OF CARLSBAD. CO%!XAGE UNDER TfII6
POLICY SHALL BE PRIMARY AND NONCONTRSBUTINC WITH ANY OTHER INSURF
AVAILABLE TO THE CITY OF CARLSBAD.'B
CERTIFICATE REFERS MAY NOT BE CANCELED, MATERIALLY CHANGED, NOR 1 e
COUN'YkKSIGNWU DATE: 09,/26/94
AUTHORIZED AGENT
OR 1 GI NA L
0
CG 20 90 11 05 Cupyr iytii, Irisurdarir;e Services Office, Iw., $984
NO RIGHTS UPON THE CERTIFICATE HOLDER THiS CERTIFICQTE DOES i\ EATEND OR ALTER THE COVERAClE AFFORDED BY THE P6LiCIE3 BCLOW ME KENNEDY INSURANCE AGENCY
44 BALBOA AVENUE, SUITE 250
M DIEGO, CX 92123 COMPANIES AFFORDING GOVkWAOE
I f?##' & FREMONT CONPENSATION INSURANCE
PnhAFANL' LFTTER fl
COMLAW 6 LETIER 'u
CQh<PANV C6TTE9 a
COhWAtW
3 LETTER E
MWCOF(D CONSTRUCTION CORPORATION 106-D COPPERWOOR WAY
OCEANSIDE, CW 92054
TYPE OF IN&URAhrCE POClCY NUMBER ALL CIMlPB $4 TH3USA POLICY EFFECTIVE PULiCY EXPIRATWN DATE (MUIDDAYY) DATE (hAM100PY)
QCNCilrlL ACCRZChTC CLINICWAL ~rP.SlL11 Y
COMMERClPl GENERAL LIABILITY
CLAIMS MADE UVGUh.
' OWkER S &CONTRACTOR S PRQi EACH OCCljRREXGE
FIRE DHPnntrr my uw II 2,
MEDCAL EXPCNSE {Any one !mrPon]
I GO M Dc 11CG ' AWOMOBICE LICBICITY I SlNQLE $
ANY AUTO LIM'T
ALL OWNED AUTOS
8CHEDtli.W AUTOS
NMED AUTOS
' NON-OWNED QUTOS
BVUIL'I INJURY 6 (Per pereon)
BCDiLV INJURY $
(Par acc~denl,
GARAGE LiABltlTY P?OPERTt s DAMAGE
<
EXCWB LiAElLlTY
OTHER THAh UMBRELLA FnRM
A ~ORl(tlb 3 G0MPEWhT;OH
J 7 , 000 i 000 wEA5E
W 1 f 000, 000 ISlG&As~ EMPLOYER&' CLABILITY
DEecRIPTiOt4 OF BPgqA7~~PlEILOCnT16N~~E~~~LF~~~P~~i~l ITFMS
RACTOR; ALE CALIFORNIA OPERATIONS OF TRE NAMED INSURED A6
PROSECT KNOWN AS "HOLIDAY HOU~E FIRE RESTORATION - CONTRA
it: I~~UING coMrhrJY wlLL>g
CARftSBAD, CA 92008-'1959
f-i
City of Carlsbad
Purchasing Department
Representation and Certification
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The followng representation and certification are to be completed, signed and returned with proposal.
EPRESENTATIONS: Mark all applicable blanks. This I am currently certified by: Ph=.wm-l G e,
offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
C-”G - ,e- e- -7 ‘z P Certification #: -.dl /-.a%
CERTIFICATION OF BUSINESS
REPRESENTATION(S):
Mark all applicable blanks. This offeror repre!
part of this offer that:
1 minority business.
8 woman-owned business.
This firm is r( , is not
This firm is , is not
1 DEFINITIONS: WOMAN-OWNED BUSINESS: A WOIT
business is a business of which at least 51
MINORITY BUSINESS ENTERPRISE: “Minority owned, controlled and operated by a woman ( Business” is defined as a business, at least 51 percent of Controlled is defined as exercising the powe 8 which is owned, operated and controlled by minority policy decisions. Operation is defined a
group members, or in the case of publicly owned involved in the day-to-day management.
businesses, at least 51 percent of which is owned,
erated and controlled by minority group members.
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (i.e., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam, 1 Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
8 CERTIFICATION:
I COMPANY I\C\AioRD NAME CQ~5Vi?d~?ibfi/ (MP= NAME
UQ he Small Business Administration defines the socially
i
The information furnished is certified to be factual and correct as of the date submitted.
GL,SL-C T- [Ilh(ldas
c QQt(Zk1C‘L‘. 3 Lf4y
7 CF A&{ ’;\oe c A * 93,esd
I ;D:?s-O
I ci$.sw, AND zip
I TELEPHONE NUMBER
2/16/91
f
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OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
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This Escrow Agreement is made and entered into by and between the City of Carlsbad whosl
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" an(
whose address is
hereinafter called "Contractor" and
18
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree a
follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, th
contractor has the option to deposit securities with the Escrow Agent as a substitute fc
retention earnings required to be withheld by the City pursuant to the Construction Contrac
entered into between the City and Contractor for Holiday House Fire Restoration, Contrac
No. U/M 94-8, in the amount of dated (hereinaftc
referred to as the "Contract"). Alternatively, on written request of the contractor, the own€
shall make payments of the retention earnings directly to the escrow agent. When th
Contractor deposits the securities as a substitute for Contract earnings, the Escrow Ager
shall not@ the City within 10 days of the deposit. The market value of the securities at th
time of the substitution shall be a least equal to the cash amount then required to be withhel
as retention under the terms of the contract between the City and Contractor. Securities sha
be held in the name of the , and shall designate th
Contractor as the beneficial owner. 1.
2. The City shall make progress payments to the Contractor for such funds which otherwis
would be withheld from progress payments pursuant to the Contract provisions, provided th:
the Escrow Agent holds securities in the form and amount specified above.
3. When the Cw makes payment of retentions earned directly to the escrow agent, the escrol
agent shall hold them for the benefit of the contractor until such time as the escrow create
under this contract is terminated. The contractor may direct the investment of the paymenl
into securities. All terms and conditions of this agreement and the rights and responsibilitis
of the parties shall be equally applicable and binding when the City pays the escrow age!
directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by th
Escrow Agent in administering the Escrow Account and all expenses of the of the Citl
These expenses and payment terms shall be determined by the City, Contractor and Escrol 8 Agent.
5. The interest earned on the securities or the money market accounts held in escrow and s
interest earned on that interest shall be for the sole account of Contractor and shall k
subject to withdrawal by Contractor at any time and from time to time without notice to th
city.
()r 6. Contractor shall have the right to withdraw all or any part of the principal in the Escro
2/16/94
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Account only by wriien notice to Escrow Agent accompanied by written authorization fro1
City to the Escrow Agent that City consents to the withdrawal of the amount sought to b
withdrawn by Contract0 r.
7. The City shall have a right to draw upon the securities in the event of default by th
Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the defaul
the Escrow Agent shall immediately convert the securities to cash and shall distribute tl-
cash as instructed by the City.
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8. Upon receipt of written notification from the City certifying that the Contract is final an
complete and that the Contractor has complied with all requirements and procedure
applicable to the Contract, the Escrow Agent shall release to Contractor all securities an
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shg
be closed immediately upon disbursement of all moneys and securiities on deposit an
payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contract(
pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor shc
hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement (
the securiities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or 1
receive wriien notice on behalf of the City and on behalf of Contractor
connection with the foregoing, and exemplars of their respective signatures ai
as follows:
For City: Title I. Name
Sig nature
Address I For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title I Name
Signature
Address
2/16/94
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escro
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers c
the date first set forth above.
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e 1 For City: Title
Name
Signature
Address
Title For Contractor: 1 Name
Signature
Address I For Escrow Agent: Title
Name
Signature
80 Address
2/16/94
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RELEASE FORM 1
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THIS FORM SHALL BE SUBMITTED AND APPROVED PRIOR TO APPROVAL OF MONTH1
PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION: 8 PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges upon payment in the full amount specific
all compensation of whatever nature due the Contractor for all labor and materials furnished ai
for all work performed on the above-referenced project for the period specified above with tl
exception of contract retention amounts and disputed work or claims specifically shown belo
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED WORWCLAIMS
DESCRIPTION OF DISPUTED WORWCIAIM AMOUNT ClAlMED
/OR EST1 MATE).
The Contractor further expressly waives and releases any claim the Contractor may have,
whatever type or nature, for the period specified which is not shown as disputed work/claim (
this form. This release and waiver has been made voluntarily by Contractor without any frau
duress or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and wo
due Subcontractors for the specified period will be paid according to Public Contract Coc
Section 201 04.50 and Business and Professions Code Section 71 08.5 and that the parties signii
below on behalf of Contractor have express authority to execute this release.
DATED:
a.
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DESCRIBE ENTITY (Partnership, Corporation, etc.
By:
Title:
By: I Title:
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i SPECIAL PROVISIONS
1. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPEClFlCATlONS
FOR PUBLIC WORKS CONSTRUCTION
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1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar import ai
used, it shall be understood that reference is made to the plans accompanying these provision
unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it shall t
understood that the direction, designation or selection of the Engineer is intended, unless state
otherwise. The word "required" and words of similar import shall be understood to mean "E
required to properly complete the work as required and as approved by the City Engineei
unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar import ai
used, it shall be understood such words are followed by the expression "in the opinion of tt
Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," (
words of similar import are used, it shall be understood that the approval, acceptance, or simill
import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expense, sh:
perform all operations, labor, tools and equipment, and further, including the furnishing ar
installing of materials that are indicated, specified or required to mean that the Contractor,
her/his expense, shall furnish and install the work, complete in place and ready to use, includir
furnishing of necessary labor, materials, tools, equipment, and transportation.
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1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or his approved representative
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8 2-4 CONTRACT BONDS
I Delete the third sentence of the first paragraph having to do with a surety being listed in the later
revision of U.S. Department of Treasury Circular 570.
Modify Paragraphs three and four to read:
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor an
materials bond) for this contract. The faithful performance/warranty bond shall be in the amoui
of 100 percent of the contract price and the payment bond shall be in the amount of 50 percei
of the contract price. Both bonds shall extend in full force and effect and be retained by the ci
during the course of this project until they are released according to the provisions of th
sect ion.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount C
days after recordation of the Notice of Completion and will remain in full force and effect for tt
one year warranty period and until all warranty repairs are completed to the satisfaction of tt
crty engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice 1
Completion if all claims have been paid.
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All bonds are to be placed with a surety insurance carrier admitted and authorized to transa
the business of insurance in California and whose assets exceed their liabilities in an amou
equal to or in excess of the amount of the bond. The bonds are to contain the followir
documents:
1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by law
or other instrument entitling or authorizing the person who executed the bond to do so.
A certified copy of the certificate of authority of the insurer issued by the insuranc
commissioner. 2)
If the bid is accepted, the City may require a financial statement of the assets and liabilities of tt
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of tt
execution of the bond. The financial statement shall be made by an officer's certificate as definc
in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial stateme
may be verified by the oath of the principal officer or manager residing within the United State
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Works Constructio
(SSPWC), 1991 Edition, and the latest supplement, hereinafter designated "SSPWC", as issuc
by the Southern California Chapter of the American Public Works Association, and as amendc
by the Special Provisions section of this contract.
The Construction Plans consist of 5 sheet(s) designated as City of Carlsbad Drawing No. U/
94-8. The standard drawings utilized for this project are the latest edition of the San Dieao Arc
2/16/94
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Reuional Standard Drawinqs, hereinafter designated SDRS, as issued by the San Diego Counl
Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawing:
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's directior
the Contractor shall obtain and distribute the necessary copies of such instruction, including tw
(2) copies to the City.
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2-5.4 Record Drawinqs:
The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparei
sepias, which shall be corrected daily and show every change from the original drawings an
specifications and the exact "as-built" locations, sizes and kinds of equipment, undergroun
piping, valves, and all other work not visible at surface grade. Prints for this purpose may 1:
obtained from the City at cost. This set of drawings shall be kept on the job and shall be use
only as a record set and shall be delivered to the Engineer upon completion of the work.
4-1 MATERIALS AND WORKMANSHIP 8 To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representative. Tk
Engineer shall have free access to any or all parts of work at any time. Contractor shall furnis
Engineer with such information as may be necessary to keep her/him fully informed regardir
progress and manner of work and character of materials. Inspection of work shall not relie\
Contractor from any obligation to fubiti this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing materia
and/or workmanship where the results of such tests meet or exceed the requirements indicatE
in the Standard Specifications and the Special Provisions. The cost of all other tests shall k
borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be approved 1:
him before the delivery is started. All materials proposed for use may be inspected or tested l
any time during their preparation and use. If, after trial, it is found that sources of supply whic
have been approved do not furnish a uniform product, or if the product from any source prow
unacceptable at any time, the Contractor shall furnish approved material from other approve
sources. After improper storage, handling or any other reason shall be rejected.
AI1 backfill and subgrade shall be compacted in accordance with the notes on the plans and tb
SSPWC. Compaction tests may be made by the City and all costs for tests that meet or excee
the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Enginee
The costs of any retests made necessary by noncompliance with the specifications shall k
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Add the following section:
4-1.7 Nonconforminq Work
The contractor shall remove and replace any work not conforming to the plans or specificatioi
upon written order by the Engineer. Any cost caused by reason of this nonconforming work sh'
be borne by the Contractor.
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5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known recorc
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of tl
work. However, the accuracy of completeness of the utilities indicated on the Plans is n
guaranteed.
5-4 RELOCATION I Add:
The temporary or permanent relocation or alteration of utilities, including service connectic
desired by the Contractor for hidher own convenience shall be the Contractor's ov
responsibility, and he/she shall make all arrangements regarding such work at no cost to tl
City. If delays occur due to utilities relocations which were not shown on the Plans, it will I
solely the City's option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties to reloce
utilities which interfere with the construction, the Contractor, upon request to the City, may I
permitted to temporarily omit the portion of work affected by the utility. The portion thus omittc
shall be constructed by the Contractor immediately following the relocation of the utility involvc
unless otherwise directed by the City.
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6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
The prime contractor is required to prepare in advance and
submit at the time of the project preconstruction meeting a
detailed criiical path method (CPM) project schedule. This
schedule is subject to the review and approval of the City.
The schedule shall show a complete sequence of construction
activities, identifying work for the complete project in addition to
work requiring separate stages, as well as any other logically
grouped activities. The schedule shall indicate the early and
late start, early and late finish, 50% and 90% completion, and
any other major construction milestones, materials and
equipment manufacture and delivery, logic ties, float dates, and
duration.
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3. The prime contractor shall revise and resubmit for approval the
schedule as required by City when progress is not in
compliance with the original schedule. The prime contractor
shall submit revised project schedules with each and every
application for monthly progress payment identrfying changes
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion
for each item of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise
the aforementioned schedule (s) shall enable City, at its sole
election, to withhold up to 10% of the monthly progress
payment otherwise due and payable to the contractor until the
schedule has been submitted by the prime contractor and
approved by City as to completeness and conformance with the
aforementioned provisions.
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No changes shall be made to the construction schedule without the prior wriien approval of th
Engineer. Any progress payments made after the scheduled completion date shall not constitul
a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflicting utilitis
shall be requirements prior to commencement of work by the Contractor. 1: 6-5 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor t
obtain necessary permits from other governmental agencies, or unreasonable delay caused t:
enforcement of laws and regulations by other public agencies, including but not limited tc
enforcement of the Endangered Species Act and other similar laws.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations by otht
public agencies, including but not limited to, enforcement of the Endangered Species Act an
other similar laws.
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6-7 TIME OF COMPLETION
The Contractor shall begin work within 30 calendar days after receipt of the "Notice to Proceec
and shall diligently prosecute the work to completion within 60 consecutive workdays after th
date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and sunse
from Mondays through Fridays. The contractor shall obtain the approval of the Engineer if he/sh
desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the wriien permission of th
Engineer. This written permission must be obtained at least 48 hours prior to such work. Th
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Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE
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All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and a
faulty work or materials discovered during the guarantee period shall be repaired or replaced
the Contractor, at his expense. Twenty-five percent of the faithful performance bond shall
retained as a warranty bond for the one year warranty period. I
6-9 LIQUIDATED DAMAGES
Modtfy this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $250.00 per day
each day beyond the completion date as liquidated damages for the delay. Any progre payments made after the specified completion date shall not constitute a waiver of this paragra
or of any damages.
7-3 LIABILITY INSURANCE 8 Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at ler
A-:V and are authorized to conduct business in the state of California and are listed in the offic
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 authorized to conduct business in the st:
of California and are listed in the official publication of the Department of Insurance of the St:
of California. Policies issued by the State Compensation Fund meet the requirement for worke
compensation insurance.
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7-5 PERMITS
Modlfy the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, ai
building permits necessary to perform work for this contract on City property, in streets, highwa
(except State highway right-of-way), railways or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained. B
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
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Cleanup and dust control shall be executed even on weekends and other non-working days 5
the City’s request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers in goo
repair when in use on the project with special attention to City Noise Control Ordinance No. 31 OS
Carlsbad Municipal Code, Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-1 0.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work an
shall comply with all applicable provisions of Federal, State and Municipal safety laws an
building codes to prevent accidents or injury to persons on, about, or adjacent to the premise
where the work is being performed. He/she shall erect and properly maintain at all time, a
required by the conditions and progress of the work, all necessary safeguards for the protectio
of workers and public, and shall use danger signs warning against hazards created by SUC
features of construction as protruding nails, hoists, well holes, and falling materials. I 7-13 LAWS TO BE OBSERVED I @ Add the following:
Municipal ordinances which 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 us
in the proposed construction project which would be subject to Section 1601 or Section 160
of the Fish and Game Code, such conditions or modifications established pursuant to Sectio
1601 of the Fish and Game Code shall become conditions of the contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
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9-3 PAYMENT
Modrfy Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount (
retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to perfori
necessary surveying for this project. Requirements of the Contractor pertaining to this item ai
set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service withi
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appropriate items of proposal. No separate payment will be made.
Survey stakes shall be set and stationed by the Contractor’s surveyor for curbs at 50’ interva
(25’ intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, stort
drains, and structures (4 corners min.). Rough grade as required to satisfy cut of fill to finishe
grade (or flowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown line bas
grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Section 877
of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencir
construction of surveyed item.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction undc
this contract. The Contractor shall contact the appropriate water agency for requirements. Tt
contractor shall include the cost of water and meter rental within appropriate items of tt
proposal. No separate payment will be made.
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April 13, 1995
Macord Construction Company
106-D Copperwood Way Oceanside CA 92054
RE: BOND RELEASE - CONTRACT NO. U/M 94-8 - HOLIDAY HOUSE FI
RESTORATION
The Notice of Completion for the above-referenced project I-
recorded. Therefore, we are releasing 75% of the Performance Bor
Please consider this letter as your notification that $21,662.2 of Indemnity Company of California Performance Bond No. 177132P
hereby released.
A copy of the recorded Notice of Completion is enclosed for yc
records.
I &* Assista . t KUND C’ Clerk
Enc.
c: Chuck Walden, Corn. Sen.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
Recording requested by:
When recorded mail to:
CITY OF CARLSBAD
City Clerk
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereir
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, 9:
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on ihe property hereinafter described was compieted on
December 19.1994
6. The name of the contractor, if any, for such work of improvement is Macord Constructioi
7. The property on which said work of improvement was completed is in the City of Carl5
County of San Diego, State of California, and is described as follows:
HOLIDAY HOUSE FIRE RESTORATION, Contract No. UIM 94-8.
8. The street address of said property is 3235 Eureka Place. Carlsbad. CA 92008
(If none assigned, insert “NC
ervice Director
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 9200t
City Council of said City on , 1995, accepted the above described wo
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 %b p , 1995 at Carlsbad, California.
February 7
CITY OF CARLSBAD
- w- c 7'- (l(r 13)