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HomeMy WebLinkAboutMaloney Specialties Inc; 1986-08-22; 3006-7ICity Clerk w w 1200 Elm Avenue Carlsbad, CA 92008 - NOTICE OF COMPLETION To All Laborers and Material Men and to Every Other Person -Interested: YOU WILL PLEASE TAKE NOTICE that on January 13, 1987, the project consisting of toilet partitions at the Carlsbad Safety and Service Center, on which Maloney Specialties was the Contractor, was completed. CITY OF CARLSBAD 2 PROJECT COORDINATOR VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Cle e City of Carlsbad; the City Council of said City on 27 , 1987, accepted the above described work as and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on - 2r , 1987 at Carlsbad, California. / CITY OF CARLSBAD ., *- ." .. e A- \- - :* z -.- -3 - ALETHA m L. RiTt$+J ~. L _- City Clerk '. - -r -i" ... ". _. I -. .I4 %.L. ___ -- - hd r?R FES -5 &f 8: 37 NO FEE VERA L. LYLE LCOUHTY iiECOR&-R 1 I - I' ~ w w TELEPHONE: '*' . 1200 ELM AVENUE (619) 438-5535 CARLSBAD, CALIFORNIA 92008 Office of the City Clerk @ita of (anrlsbnil January 30, 1987 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation are the following described documents: I Notice of Completion - Engineering Elemitorsat Carlsbad Safety and Service Center; Reliable Elevators Contractor Notice of Completion - Engineering HVAC at Carlsbad Safety and Service Center Kinney Air Conditioning Contractor Notice of Completion - Engineering Fire Sprinklers at Carlsbad Safety and Service Center; Orving Engineering Contractor Notice of Completion - Engineering Electrical at Carlsbad Safety and Service Center Catton-McCutcheon Contractor Notice of Completion - Engineering Service Station Equipment at Carlsbad Safety and Service Center; Lube Life Equipment Contractor Notice of Completion - Engineering Vehicle Wash at Carlsbad Safety and Service Center; N/S Corporation Contractor Notice of Completion - Engineering Precast Concrete at Carlsbad Safety and Service Center; Tecon Pacific Contractor Notice of Completion - Engineering Miscellaneous Metal at Carlsbad Safety and Service Center; Tulsa Steel Manufacturing Contractor * w Vera L. Lyle County Recorder January 30, 1987 Page 2 Notice of Completion - Engineering Doors and Frames at Carlsbad Safety and Service Center; Estrada Hardware Contractor Notice of Completion - Engineering Concrete Masonry at Carlsbad Safety and Service Center; L.R. Hubbard Contractor Notice of Completion - Engineering Glass Block Ceilings at Carlsbad Safety and Service Center; Dittman Masonry Contractor Notice of Completion - Engineering Glazing at Ca’rlsbad Safety and Service Center Pacific Glass Contractor Notice of Completion - Engineering Aluminum Canopies at Carlsbad Safety and Service Center; Construction Specialties Contractor Notice of Completion - Engineering Drywall at Carlsbad Safety and Service Center; E.F. Brady Co. Contractor Notice of Completion - Engineering Roofing at Carlsbad Safety and Service Center Hess Roofing Contractor Notice of Completion - Engineering Sheet Metal at Carlsbad Safety and Service Center; California Sheet Metal Contractor Notice of Completion - Engineering Insulation at the Carlsbad Safety and Service Center; Dittemore Brothers Contractor Notice of Completion - Engineering Ceiling Doors at Carlsbad Safety and Service Center; Southern California Overhead Doors Contractor Notice of Completion - Engineering Pneumatic Tubes at Carlsbad Safety and Service Center; Air Link International Contractor w w Vera L. Lyle January 30, 1987 Page 3 4 County Recorder Notice of Completion - Engineering Cabinets at Carlsbad Safety and Service Center Bowser Cabinets Contractor Notice of Completion - Engineering Tile at Carlsbad Safety and Service Center McCandless Tile Contractor .Notice of Completion - Engineering Painting at Carlsbad Safety and Service Center Simmons and Wood Contractor Notice of Completion - Engineering Carpets at Carlsbad Safety and Service Center; Vincent Wentz Contractor Notice of Completion - Engineering Access Flooring at Carlsbad Safety and SErvice Center; Tate Access Floors Contractor Notice of Completion - Engineering Folding Partitions at Carlsbd Safety and Service Center; Advanced Wall Systems Contractor Notice of Completion - Engineering Window Coverings at Carlsbad Safety and Service Center; Sheward & Sons Contractor Notice of Completion - Engineering Lockers at Carlsbad Safety and Service Center Goodale Co. Contractor Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. y%xLY eputy City Clerk Encs. ~~ ~ ~ ~~ City Clerk - v 1200 Elm Avenue Carlsbad, CA 92008 *I NOTICE OF COMPLETION To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 13, 1987, the project consisting of toilet partitions at the Carlsbad Safety and Service Center, on which Maloney Specialties was the Contractor, was completed. CITY OF CARLSBAD - ! PROJECT COORDINATOR VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Cle e City of Carlsbad; the City 27 , 1987, accepted the Council of said City on above described work as and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is Executed on d c7f , 1987 at Carlsbad, California. true and correct. I CITY OF CARLSBAD City Clerk IC EXC 0 16 15 1 5/01/87 EXCESS LIABILITY C Inception date 5/01/8t OTHER THAN UMBPELLA - ~ s 500 s 500 BODILY INJURY AND PROPERTY DAMAGE COMBINED W Ij w , e, i. .a le attaching Clause need be completed only when this endorsement is issued L9452 o preparation of the policy.), GL 20 09 '(Ed. 01 73) (Ed. 1-73) , G116 -1 IS0 GI16 ADDITIONAL INSURED (owners or Contracto'rs) I *-, 843*8$*43*8**ltO*4**$$*~*****$***~~$~$*$*$*$$*~$*~*~8***$$*$~$~~*~4$~88$*~~ s endorsement modifies such insurance as is af,forded by the provisions of 5 policy relating to the following: .I COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE :******8l8$**QI~Q**8***~****$~$*~*$$~**$$~~*~*$~~~~$$~~$~$$~*~$*~*$~*~*$$$** s en-dorsement, effective 8/19/86', forms part of policy kCMP013379 .- (12:Ol A.M., standard time) ;ued to FIALONEY SPECIALTIES, INC. GOLDEN EAGLE INS. COD ......................... Authorized Representative It le of Person or Organization Locat ion of Covered Operations 1'u CONSTRUCTION COMPANY 6 THE CITY ALL:OPERATIONS #5127 E, A IF CARLSBAD PUBLIC SAFETY 6 SERVICE CENTER !37 FARADAY AVE. #101C IRLSBAD, CA 92008 ' j .' I Premium Bases Rates Advance Premium lily Injury Liability Cost- VRS $100 Of C0S.t I $ INCL Total Ad4vance Premium B INCL ~perty Damage Liability Cost. VRS $100 of Cost 5 8-INCL -'--- --- is agreed that: The "Persons Insured" provision is amended to include as an insured the -son or organization named above (hereinafter called "additional insured") ; only with respect to liability arising out of. (1) opera-tions performed for ? additional insured by the named insured at the location designated above )era1 supervision of such operations.. ,/ (2) acts or omissions of the additional insured in connection with his None of the exclusions of the policy, except exclusions (a),(c),(f ),(g),(i) 1' and (m), apply to this insurance. 1 4 (Page 1 of 21 I. 5. w1 w 4- I ,. II Additional Excl us ns This insurance does not apply: a) to bodily inju or property damage occurring after ,. (1) al I work. on the project (other than service9 maintenance or repairs) to be performed by or on behalf of 'the' additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damag-e arises has been put to its .intended use by any person or organira- t ion other than .another contractor or subcontractor engaged in performing operations for asprincipal as a part of the same project; b) t,o bodily injury or property damage arising out of any act or omission tf the additional insured or any of his employees, ot'her than general super- 'ision of work performed for the additional insured by the named insured; c), to property damage to1 jI (1) property owned or occupied by or rentbed to the additional insur'ed, (2) property used by the additional insured, (3) property in the care, custody or control of the a'dditional insured or as to which the additional insured is for any purpose exercising physical control 9 or 14) work performed for the additional insured by the *named' insured. Additional Definition When used in reference'to this insurance, ttwork" :ludes materials, parts and equipment furnished in connection therewith. ---- I _II. - -__I ._ - &S ----Aw. .u _- '* 5/1/86-87 ' 19 /86-.DA B ENDT #38 1 -* 1' (Page 2 of 2) .. I E h -~__ ~ - ,* <*; W w ,I' \c A I i ... .* MALONEY SPECIALTIES, IK. CITY OF CARLSBAD SAM DIlEGO COUNTY CALIFORNIA CONTRACT DOCUENTS FOR P~LIC SAFETY AND SERVICE CENTER CONTRACT NO. 3006 BID PACKAGE NO. 71 REVISED FOR: TOILET PARTITIONS AND ACCESSORIES For information relative to this project contact: KOLL CONSTRUCTION COMPANY 2237 Faraday Avewe, #IoIC Carlsbad, CA 92008 Steve Mahoney, Project Manager (619) 438-8866 -~ ~ ~ ~~ et W - ,\ t , TABLE OF CONTENTS Item Page - PROPOSAL 1 DESIGNATION OF SUBmNTRACTORS 2 CONTRACT 3- 6 LABOR AND MATERIALS BOND 7- 8 PERFORMANCE BOND 9 - 10 GENERAL- PROVISIONS 11 - 17 LIST OF CONTRACT DOCUMENTS 18 SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS 19 - 22 CERTIFICATE OF COMPLIANCE 23 *It r *' w - a ..' MALONEY SPECIALTIES, INC. ,? -. ,- 7 ; ;; c .'> i. .- 980 Buenos Avenue Suite D P.O. Box 81071 SAN DIEGO, CALIFORNIA 92138 I ..I -J 4 a; i 1986 ,:,(ILL cl:?sT. - c (619) 275-0660 License No. 264671 Q- 05 05-86 PROPCSAL SUBMITTED TO PHONE DATE Koll Construction Company 4 3 8- 8 866 5/2/86 2237 Faraday Avenue, #101C Public Safety and Service Buildin Carlsbad, California 92008 Carlsbad, California STREET JOB NAME CIM. STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE We heleby submit specificatkons and estimates for Toilet Partitions. $ 9,035.00 Toilet Room Accessories, including mirrors. $17,140.00 - fanet = '='l?$; - Prices are installed, tax included and include cost of payment/performance bond. Bid based on Bobrick brand items per sheet A-17. mup @npnBp hereby to furnish material and labor - complete in accordance with above specifications. for the sum --- dollars (B As Above Net on Compldon Payment to oe made as follows: P JkLLC&* Ail material IS guaranteed to be as specified All work to be comeleted in a worhmanlike manner according to standard practices Any alteration or devlatlon from above speciflca ttons involving eatra costs will be executed only upon written orders and will become an extra charge over and above the estimate All agreements contingent upon strikes accidents Authorired %vature WWNaloney withdrarn by us if not accepted within or delays beyond our control Owner to carry fire. tornado a,d other necessary insurance Our workers are fully covered by Workmen s Compensation Insurance Note This proposal may be 3 0 d. ' ktpptnntp of propaad -The above prices specifications You are authorized and conditions are satisfactory and are hereby accepted Signature .. .’ W w Page 2 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her proposal and that the subcontractors listed will be used for the work for which they proposal, subject to the approval of the City Engineer, ad in accordance with applicable provisions of the specifications. prior apprwal of the City Engineer or the City of Carlsbad. information is required for each subcontractor. Additional pages can be attached, if required: No charges may be made in these subcontractors except upon the The following N/A - None. Work Company Name ties, Inc. W.A. Maloney, President .' w - Page 3 CONTRACT THIS AGREEMENT, made and entered into this a-day of l&.&& 9 19&9 by and between the City of Carlsbad, California, a municipa oration (hereinafter called "City"), and Maloney Specialties Inc. (hereinafter called "Contractor" .J City ad Contractor agree as follows: 1. Description of Work. Contractor shall perfon all work specified in the contr act document s fo r : TOILET PARTITIONS AND ACCESORIES (hereinafter called llprojectll) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified by the contract documents. 3. Contract Documents. The contract documents consist of this contract; the contractors proposal; the plans ad specifications and all proper amendments and charges made thereto in accordance with this contract or the plans and specifications; and the bonds for the project; all of which are incorporated herein by this reference. &ntract, City shall make payment to Contractor in accordance with Section 9 of the 1979 edition of "Standard Specifications for Public Work's 4. Pa ment. As full canpensation for Contractors performance of work under Construction, herein modified. Contract mount Twentv six thousand one ve 00/100 ........................... $26.125..Qo* Payment of undisputed contract mounts shall be contingent upon Contractor furnishing City with a release of all claims against City and Construction Manager arising by virtue of this contract as it relates to those amounts. Extra canpensation equal to 50 percent of the net savings may be paid to Contractor for cat reduction changes in the plans or specifications made pursuant to a proposal by Contractor. by City. The net savings shall be determined No payment shall be made unless the change is approved by the city. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, ard is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcane unanticipated underground conditions. Any infomation that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied will all job conditions, including underground conditions and has not relied on information furnished by City. w w Page 4 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or fran the action of the elements or fran any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. incurred in the suspension or discontimance of the work. However, contractor shall not be responsible for reasonable delays in the canpletion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Contractor shall also be responsible for expenses 7. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions and extra work by issuance of written charge orders. the issuance of a written change order, and Contractor shall not be entitled to canpensation for any extra work performed unless the City has issued a written charge order designating in advance the amount of additional canpensation to be paid for the work. If a change order deletes any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective unless approved by the City Council. Pursuant to the Labor Code of the State of California, Contractor shall make no change in the work without 8. Prevailing Wage. the City Council has ascertained the general prevailing rates of per dim wages for each craft or type of worker needed to execute the contract ad a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. Pursuant to Labor Code Section 1774 contractor shall pay prevailing wages. Contractor shall post copies of all applicable prwailiq wages on the job site. Indemnit . Contractor shall assume the defence of and indemnify and hold employees, fran all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising fran or in connection withthe performance of the Contract or work; or fran any failure or alleged failure of Contractor to copmly with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; ad fran any and all claims, loss, damage, injury ad liability, howsoever the nature of the work covered by the Contract, 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 for litigation, arbitration, or other dispute resolution method. 10. Insurance. Without limiting Contractor's indemnification, it is agreed 9* + arm ess the Construction Manager and the City, ad its officers ad that Contractor shall maintain in force at all times during the performance of this agreement a policy or policies of insurance cuvering its operations and insurance covering the liability stated in Paragraph 9. The policy or policies shall canply with the special insurance instructions attached to the bid documents and shall contain the following clauses: .. w w Page 5 Contractor's liability insurance policies shall contain the following c lau ses : A. "The City and the Construction Manager shall be added as an additional insured as respects operations of the naned insured performed under contract with the City." 6. "It is agreed that any insurance maintained by the City shall apply in excess of an not contribute with, insurance pruvided by this policy." All insurance policies required by this paragraph shall contain the following clause: A. "This insurance shall not be cancelled, limited or non-renewed until after thirty days written notice has been given to the City." Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City prior to the effective date of this agreement. 11. Workers Compensation. Contractor shall canply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and Construction Manager ad its officers ad employees fran all claims, lass, damage, injury and liability of every kind, nature and description brought by any person employed or used by Contractor to perform any work under this contact regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City through the Construction Manager, certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' canpensation self insurance prior to the start of any work pursuant to this contract. Certificates of insurance shall provide that the insurance will not be cancelled until the expiration of at least thirty (30) days after written notice of such cancellation has been given to the City. 13. Arbitration. Any controversy or claim in any mount up to $100,000 arisirg out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rerdered by the arbitrator(s) may be entered in any California court having jurisdiction thereof . The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accanpanying the return of this contract. Contractor shall notify the City by certified mail. of any charge of address of such records. .. w - Page 7 SUR 01 4% 19 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ~57-1 adopted J~~ 3. 1986 , has awarded to %%F%K$Sll, a contract for: P- Tnc- , hereinafter designated TOILET PARTITIONS AND ACCESSORIES in the City of Carlsbad, in strict conformity with the drawings ad specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this ref e rence . WHEREAS, said Principal has executed or is about to execute said contract ad the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, prwisions, prwerder or other supplies or teans used in, upon for or about the perfonance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREORE, WE, Maloney specialties Inc. 9 as Principal , hereinafter designated as the "Contractor" , and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of m equal to 50 percent (5086) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind Ourselves, our heirs, executors ard administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teas used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the cart, as required by the provisions of Section 4202 of the Goverrment Code of the State of C a1 i f o r ni a. 9 and eicrhtv seven and 50/100----------- Dollars ($ 13,087.50 ) , ~ - ~ W w .I Page 8 This bond shall insure to the benefit of a9 and all persons, canpanies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bod, as required by the pravisions of Section 4205 of the Goverment Code of the State of California. In the event that any Contractor above naned executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety frcm its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above naned on the ,Q.h day of A~~~ , 192. . -. .. -,,4,., . - .. .* -.JU~"--"--* *- Maloney Spaeialtieo, hc, ' _=',?' % ; :?;I?. 4 San Diego, Ca. 92138 -.. * c 4-\% 4% 4 g -I( < PO Box 81011 ;*I .. ... > L . '-*?A- .I_ I< 5 4 k" ( Not arize or Corporate Seal for Each Signer) Contractor W.A. Maloney, President ,- 7 - - ~~~ *. n )/1 ACKNOWLEDGEMENT OF SURETY S'IACE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 6TH APPEARED TERRY GAGE , KNOW8 TO ME TO BE (OR PROVED TO ME. -. , BEFORE ME PERSONALLY DAY OF .' AUGUST , 1986 ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY-IN-FACT OF GOLDEN I.:ACLE INSURANCE COMPANY , AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE WI'IHIN 1NSTRUMENT. IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. . ./I SAP4 OEGO COuNry MURIEL E. MADRYGA, NOTARY PUBLI COUNTY OF SAN DIEGO - 9r GBLDFN EAGLE INSURANCE CO@”~Y EXECUTIVE OFFICES San Diego, California BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint of San Diego, California its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakin s provided the amount of no one bond or undertaking exceeds ----- One Mill.ion And No/ loo---- ($1,000,008. bo) ...................... Terry Gage ‘ _______________---__--------------- This power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. “RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in- Fact and revoke the Power of Attorney given him or her; and be it further “RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.” IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed this March 10, 1986 GOLDEN EAGLE INSURANCE COMPANY ss: STAIE OF CALIFORNIA COUNIY OF SAN DlEGO President On this 10th day of March, 1986, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President, of GOLDEN EAGLE INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Company, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of San written. he day and year first above ---- - _--_._ -- - Nolary Public ss: STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is ull force and effect, and has not been revoked. 6th IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this - dayof August ,19 86 . dd LARRY G. MABEE Secretary Any correspondence regarding this Power of Attorney, address to: ~ 7175 Navajo Road San Dieao. California 921 19-1642 w - \. r -- 1 Page 9 BUR 0% 42 13 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 8577 adopted ~une 7- 19A6 , has awarded to $FiKFlprimtract for: SDe * , hereinafter designated TOILET PARTITIONS AND ACCESSORIES in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference . WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bod for the faithful perfonance of said contract; NOW , THEREFORE, WE , Maloney Specialties Inc. 9 as Principal, hereinafter designated as the "Contractor", and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Twenty six thousand one hundred seventy five & oo/ioQollars ($ 26,175.00 ) , said sum being equal to 100 percent (100%) of the esthated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind Ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bcunden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stad to ad abide by, and well ad truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein prwided on his/her or their part, to be kept and performed at the the and in the manner therein specified, and in all respects according to their true intent and meaniq, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no charge, extension of the, alteration or addition to the terns of the contract or to the work to be performed therander or the specifications accompanying the sane shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of the, alterations or addition to the tens of the contractor or to the work or to the specifications. 9 W w *. Page 10 In the event that any Contractor above naned executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety fran its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contragor and Surety above naned on the &ih . - 9 19 #ttgUZac. day of 7- --- cz, "3-b ;w-b -** ? 2 :-L& G ; .yj- 2- s . .- . -. &&e%xey $poefatt&3a, Lm. .-:a 3c PO Box 81071 San Diego, Ca. 92138 (Notarize or Corporate Seal for Each Signer) WL@s %@&e3 XBaur&aee i / / _<' ~~ ~ ~ . I -_ --- I f-'l. r""\ .. ACKNOWLEDGEMENT OF SURETY . STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1986 ON THIS 6TH DAY OF 9 a BEFORE ME PERSONALLY AUGUST APPEARED TERRY GAGE , KNOWN TO ME TO BE ( OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) COMPANY , AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE WITHIN INSTRUMENT. THE ATTORNEY-IN-FACT OF GOLDEN EAGLE INSURAi IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRST WRITTEN ABOVE. / 4M// MURIEL /I \. K2L,+& E. MADRYGA, NOTARY PUBL Cv c:(yJ$ra"i ilI: SAN GOLDIY EAGLE INSURANCE coniiTm~ .,+’ EXECUTIVE OFFICES San Diego, California BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint of San Diego, California its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakin s, provided the amount of no one bond or undertaking exceeds ----- One Million And No/ loo---- ($1,000,00~. 00) ...................... Terry Gage ___ _________----_---------------- This power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. “RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in- Fact and revoke the Power of Attorney given him or her; and be it further “RESOLVED: That the Attorneysin-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings’executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.” IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed this March 10, 1986 GOLDEN EAGLE INSURANCE COMPANY ss: STATE OF CALIFORNIA COUNTY OF SAN DIEGO President On this 10th day of March, 1986, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President, of GOLDEN EAGLE INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Company, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ._ I?-. * . I_ I ~ .. -. ss: STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. , IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 6th day of August , 19 86 d& LARRY G. MABEE Secretary Any correspondence regarding this Power of Attorney, address to: ~ 7175 Navaio Road Snn nimn PAlifnmla 971 19-IM? W w Page 11 GENERAL PROVISIONS I. PLANS AND SPECIFICATIONS The specifications for the work shal1:consist of the latest edition of the Standard Specifications for Public Works Construction hereinafter designated SSPW, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of 15 sheet(s). The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SbRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. enclosed with these documents. A detailed list of the plans and specifications are attached hereto and made a part hereof. Copies of pertinent standard drawings are 2. WORK TO BE DONE The work to be done shall consist of furnishing. all labor, equipment ad materials and performing all operations necessary to canplete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT A. Arhitect: The word "Engineer" shall mean the architect or his approved representative. 8. Construction Manager: The word llConstruction Manqer" shall mean Koll Construction Company. C. Reference to Drawings: Where words llshownll, "indicated", "detailed", %otedI1 , "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accanpanying these provisions unless stated otherwise. D. Directions: Where words "directed", designated", I1selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Construction Manager is intended unless stated otherwise. understood to mean "as required to properly canplete the work as required and as approved by the Construction Manager" unless stated o t herwi se . The word "required" ad words of similar import shall be w - Page 12 E) Equals ad Apprwals: Where the words "equal", "appr wed equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Arditect" unless otherwise stated. Where the words "apprwed", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Ar& itect is intended. F) Perform and Prwide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools ard equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, canplete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and transportation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the marufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE The Contractor shall prwide Consruction Manqer with a Construction Schedule indicating work activities and length of time required for each activity. The Contractor shall review with the Construction Manqer monthly the Construction Schedule to insure canpletion of the whole or any part of the work. The Contractor shall begin work after being duly notified by an issuance of a llNotice to Proceed" and shall diligently prosecute the work to canpletion in connection with the construction schedule as apprwed by the Construction Manager. will be assessed the sum of $ - canpletion date as liquidated damages for the delay. made after the specified canpletion date shall not constitute a waiver of this paragraph or of any damages. If the canpletion date is not met, the Contractor Any progress payments per day for each day beyond the 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or Specifications upon written order by the Construction Manager. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. W - Page 13 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" ad any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product marufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the Construction Manager. 9. INTERNAL COMBUSTION ENGINES All internal canbustion engines used in the construction shall be quipped with mufflers in good repair when in use on the project with special attention to Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspectors with such information as may be necessary to keep her/him fully infonned regarding progress and manner of work and character of materials. Contractor fran any obligation to fulfil1 this contract. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as ttmugh it were included herein, and if, through mistdce or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or c or r ect io n . Inspection of work shall not relieve 11. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the canpletion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of canpliance. ~ w - Page 14 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary nanes or by nanes of marufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. Substitution shall also include a statement of credit to be issued . 14. RECORD DRAWINGS The Contractor shall prwide and keep up to date a canplete 11as-built81 record set of plans, which ,shall be corrected daily and show every change fran the original drawings and specifications and the exact 'las-builtll locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. be obtained fran the Architect at cost. This set of drawings shall be kept on the job and shall be used only as a record set. Upon canpletion of the work, ad prior to release of retention, the Contractor shall transpose all "as-built" infomation on to a set of reproducible sepias. Drawings shall be drafted in a professional manner and shall locate by dimension and elevation all concealed work, and charges in marufacturer information. "As-builts" for the sitework (bid package number 1) shall be prepared by the engineer of record. Prints for this purpose may 15. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. responsible for all other required licenses and fees. The Contractor is ~ W - Page 15 16. QUANTITIES IN THE SCHEDULE The City resemes and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be perfoned under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Construction Manager will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of the. 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall tdce all necessary precautions for the safety of employees on the work and shall cunply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being perfoned. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post darger signs warning against hazards created by such features of construction as pratruding nails, hoists, well holes and falling materials. 18. SURVEYING Column control lines, offset outside the perimeter of the building, and a vertical control (benchmark) will be furnished by others. Contractors shall perform their own engineering (survey stdcing) including elevations as required. Survey staking for the sitework (bid package nunber 1) shall be provided by the City. Rough grade stdtes at 50'-0" centers minimum to or toe-of-slopes as required, surface and underground improvements at 25'-Ot1 to 501-011 centers including critical points with offsets, and blue tops for building and facility pads. 19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbreviation American Society for Testing Materials ASTM U .S. Goverrment Fed. Spec. National Board of Fire Underwriters . NBFU American Institute of Steel Construction AI sc American Standards Association ASA Underwriters Laboratories, Inc. UL Department of Commerce Standards cs American Concrete Institute ACI ~ -~ ~ W w Page 16 20. STORAGE Space for swrage ad temporary buildings will be allocated by the Construction Manager as job conditions permit. Temporary offices or sheds shall be constructed of fire resistant materials. Material and layout must be approved by the Construction Manager prior to installation. 21. TESTING AND INSPECTION Testing and inspection shall be as required by the Specifications. The Contractor shall be required to cooperate fully with the inspecting agency during inspections at a fabricating plant and/or on the jobsite and shall provide ladders, platforms, scaffolds and/or safe accessibility to the work for such inspections ad/or tests. 22. SCAFFOLDING AND HOISTING The price shall include all costs for the following: a. Scaffolding and sbring required for the Contractor's work. b. Hoisting required for the Contractor's work. 23. CLEAN UP The Contractor shall keep the premises free at all times fran all waste materials, packaging materials and other rubbish accumulated in connection with the execution of the work by collecting and depositing said materials and rubbish in locations or containers as designated by the Construction Manager. 24. TEMPORARY FACILITIES Temporary toilet facilities and drinking water for the use of all trades will be provided . 25. FORCE REPORTS Force reports indicating trade ad personnel per trade shall be submitted to the Construction Manager daily. A brief description of work performed shall be included. 2 6. ELECTRICAL POWER Electrical power will be prwided in the building for the use of the Contractor for special lighting and operation of small tools only. Power will be single phase at 208 volts or 240, and 120 volts. It is the Contactor's responsibility to provide extension cords and/or wiring fran central distribution points. Power will not be provided for high voltage or heavy amperage type equipment such as welding machines and any special power requirements shall be provided and paid for by the Contractor. - - w Page 17 27. BACKFILL AND COMPACTION Backfill and conpaction of trenches shall be in conformance with the 1979 edition of "Standard Specifications for Public Works Construction". Backfill material shall be approved by the soils ergineer. Contractors shall pay all costs for retestirg required as the result of density test failures due to improper canpaction. Backfillitq of trenches and excavations shall not be undertdten until required tests and inspections have been canpleted, "as-built" location notes have been verified, and authority to start the backfill has been granted by the inspector and superintendent . - - Page 18 LIST OF CONTRACT DOCUMENTS I. Contract documents prepared by Ruhnau, McGavin, Ruhna/Associates, 5751 Palmer Way, Suite C, Carlsbad, CA 92008 (619) 438-5899. Plans dated September 16, 1985. a. Architectural Site Plans Sheets AC-1 thru AC-3 b. Ar chitectural (see item 111) Public Safety Center Sheets A-1 thru A-36 Public Service Center Sheets A-51 thru A-60A c. Equipment Plans Sheets EA-1 and EQ-2 e. Mechanical Plans Sheets M-1 thru M-10 f. Plumbint Plans Sheets P-1 thru P-8 g. Electrical Plans Sheets E-I thru E-20 ' d. Structural Plans Sheets S-1 thru S-16 (10A thru 14A) 11. Project mama1 (specifications) for the construction of the City of Carlsbad Public Safety and Service Center prepared by Ruhnau, McGavin, Ruhnat/Associates dated September 16, 1985. 111. Updated/revised architectural sheets A-24 thru A-36, and A-59 revision date 3aruary 3, 1986. IV. Designtech letter date 3aruary 17, 1986, pages 1 thru 3, including clarification notes (#I1 thru #lo); pages 4 thru 6 specifying cabinet finish types and hardware attached hereto and made a part thereof. Glass block clarification drawings AR-4 thru AR-13, and AR-7A dated December 13, 1985, attached hereto and made a part hereof. V. VI. Updated/Revised electrical sheets E-1 and E-11 dated November 27, 1985 and sheets #-7, 8, 9, 10, 12, 14 and 15 dated 3aruary 28, 1986. Updated/Revised mechanical sheets M-3, 4 ad 5 dated 3aruary 30, 1980. Updated/Revised architectural sheets A-17, 18, 19 and 57 dated April 17, 1986. L VII. VIII. ., I ,. - w Page 19 SPECIAL PROVISIONS 1. Apprwal to negotiate toilet partition and accessory work was granted by the Carlsbad City Council on March 18,. 1986, since no bids were received as requested within bid package No. 7. drawings included within this package. (Sheets A-17, A-18, A-19 ad A-57, dated 4/17/86.) Execution of the bidders bond is 7 not required. performance and labor and materials bonds will require canplete execution. Bidders should review and be familiar with all requirements specified within ' this bid package No. 7 I - Revised. Any questions shall be directed to Koll Construction Co. (CM) prior to bid. Copies of contract documents are available for review at the office of the construction manager, Carlsbad, CA 92008. 5. Bid to include furnishims and installation of all toilet partitions and accessories as defined on revised drawings dated 4/17/86. "Corian" countertops are N.I.C. for roans No. 119 ad 124. Toilet partition colors shall be as follows: 2. We are requesting written proposals for this work based upon the revised 3. Upon award, the contract, 4. Roan No.'s 119, 238, 009 Nevamar #S-1-25T Sargaree Roan No.'s 124, 179 Wilsonart PD 325-6 3uniper Roan No. 178 Wilsonart #D 48-6 Thistle Roan No.'s 241, 006 Nevamar #S-3-3OT Grot to 6. Respective specification sections contain specific lamuage with respect to equal products. w w Page 20 SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise fran or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. If the insurance is on a "claims made" basis, coverage shall be maintained for a period of three years fran the date of canpletion of the work. The cost of such insurance shall be included in Contractor's bid. The insurance company or canpanies shall meet the requirements of City Council Resolution No. 8108. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability; and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/78) cavering Automobile Liability, code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code of the State of California and Employer's Liability insurance. 8. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 canbined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. 2. Automobile Liability: $1,000,000 canbined single limit per accident for 3. Worker's Compensation ad Employer's Lizbility : Worker's Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. bodily injury and property damage. C. Deductibles and Self-Insurance Retentions Any deductibles or self-insured retentions must be declared to and appruved by the City. At the option of the City, either: the insurer shaLl reduce or eliminate such deductfiles or self-insured retentions as respects the City, its officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. ~ - ~ ~~ w w Page 21 0. Other Insurance Provisions The policies are to contain, or be edorsed to contain, the following provisions: 1. General Liability and Automobile Lidsility Coverages: a. The City, its officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and canpleted operations of the Contractor; penises owned, leased or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. respects the City, its officials, employees ad volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall not contribute with it. Any failure to canply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Coverage shall state that Contractor's insurance shall apply separately to each isured against whom claim is made or suit is brought, except with respect to the limits of the insurer's b. The Contractor's insurance coverage shall be primary insurance as c. d. liability. 2. Workers' Compensation and Employers ' Liability Coverages The insurer shall agree to waive all rights of subrogation against the City, its officials, employees ad volunteers for losses arising frcm work performed by Contractor for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the city. E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:XI unless otherwise authorized by City Council Resolution No. 8108. w w Page 22 F. Verification of Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. certificates and endorsements are to be in forms provided by the City and are to be received and approved by the City before work canmences. The G. Subcontractors Contractors shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. the requirements stated herein. All coverages for subcontractors shall1 be subject to all of .. 5 w - 3. Page 23 CERTIFICATION OF COMPLIANCE I hereby certify that Mal-oney Specialties, Inc in performing under the contract awarded by the City of Carlsbad, will canply with the County of San Diego Affirmative Action Program adopted by the Board Supervisors, including ,all current amendments. Legal Name of Contractor Date (NOTARIZE OR CORPORATE SEAL) (Notorial acknowledgement of execution by all principals must be attached).