HomeMy WebLinkAboutMODULAR BUILDING CONCEPTS; 1984-11-06; 3165CITY OF CARLSBAD
San Diego County
Californi a
CONTRACT DOCUMENTS & SPECIFICATIONS
for
CITY HALL MODULARS
CONTRACT NO. 3165
AUGUST 1984
TABLE OF CONTENTS
ITEM . PAGE
NOTICE INVITING BIDS 1
PROPOSAL 3
BIDDER'S BOND TO ACCOMPANY PROPOSAL 6
DESIGNATION OF SUBCONTRACTORS 7
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9
BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10
CONTRACT 11
LABOR AND MATERIALS BOND 16
PERFORMANCE BOND 18
GENERAL PROVISIONS 20
SPECIAL PROVISIONS 27
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Agent,
City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on
the \Z day of SgPTgMBER . -1984 , at which time they
will be opened and read for performing the work as follows:
CITY HALL MODULARS
CONTRACT NO. 3165
The work shall be performed in strict conformity with the speci-
fications therefor as approved by the City Council of the City
of Carlsbad on file in the Engineering Department. Reference is
hereby made to the specifications for full particulars and
description of the work.
No bid will be received unless it is made on a proposal form
furnished by the Engineering Department. Each bid must be
accompanied by security in a form and amount required by law. The
bidders' security of the second and third next lowest responsive
bidders may be withheld until the contract has been fully executed.
The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten days after the
contract is awarded. Pursuant to the provisions of law (Government
Code Section 4590), appropriate securities may be substituted for
any money deposited with the City to secure any obligation required
by this notice.
The documents which must be completed, properly executed, and
notarized are:
1. Proposal
2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and
Experience
All bids will be compared on the basis of the Engineer's estimate.
The estimated quantities are approximate and serve solely as a
basis for the comparison of bids. The Engineer's estimate is
$ 140,000
No bid shall be accepted from a Contractor who has not been
licensed in accordance with the provisions of State law. The
Contractor shall state his or her license number and classification
in the proposal.
One set of plans, special provisions, and contract documents may be
obtained at the Engineering Department, City Hall, Carlsbad,
California, at no cost to licensed contractors. Additional sets
are available for a nonrefundable fee of $ 10.00 per set.
Page 2
The City of Carlsbad reserves the right to reject any or all bids
and to waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of
worker needed to execute the contract shall be those as determined
by the Director of Industrial Relations pursuant to the Sections
1770, 1773, and 1773.1 of the California Labor Code. Pursuant to
Section 1773.2 of the California Labor Code, a current copy of
applicable wage rates is on file in the Office of the Carlsbad City
Clerk. The Contractor to whom the contract is awarded shall not
pay less than the said specified prevailing rates of wages to all
workers employed by him or her in the execution of the contract.
The Prime Contractor shall be responsible to insure compliance with
provisions of Section 1777.5 of the California Labor Code.
The provisions of Part 7, Chapter 1, of the California Labor Code
commencing with Section 1720 shall apply to the contract for work.
Bidders
receipt
without
bid.
are advised to verify the issuance of all addenda and
thereof one day prior to bidding. Submission of bids
acknowledgment of addenda may be cause for rejection of
Bonds to secure faithful performance of the work and payment of
laborers and materials suppliers each in an amount equal to one
hundred percent (100%) of the contract price shall be required for
work on this project.
Approved by the City Council of the City of Carlsbad,
by Resolution No. *77° */ » adopted on the / L/+ 4
, 19 f«f .
California,
day of
Date Aletha L. Rautenkranz, City /Qlerk
CITY OF CARLSBAD
CONTRACT NO. 3165
PROPOSAL
Page 3
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
The undersigned declares he/she has carefully examined the location
of the work, read the Notice Inviting Bids, examined the Plans and
Specifications, and hereby proposes to furnish all labor,
materials, equipment, transportation, and services required to do
all the work to complete Contract No. 3165 in accordance
with the Plans and Specifications of the City of Carlsbad, and the
Special Provisions and that he/she will take in full payment
therefor the following unit prices for each item complete, to wit:
Article
Lump Sum
w/Unit Price or
Written in Words
Approximate
Quantity
& Unit
Unit
Price TOTAL
Construction of Modular
per plans and complete
in place, including
L.S.
Ramp and Stairs
per Lump Sum.
at
_dol lars
cents
Total amount of bid in words:
Total amount of bid in numbers: S
Addendum (a) No(s) -~has/have been
received and is/are included in this proposal.
Page 5
All bids are to be computed on the basis of the given estimated
quantities of work, as indicated in this proposal, times the unit
price as submitted by the Bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in
the extension of a unit price, the corrected extension shall be
calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
The Undersigned has checked carefully all of the above figures and
understands that the City will not be responsible for any errors or
omissions on the part of the Undersigned in making up this bid.
The Undersigned agrees that in case of default in executing the
required contract with necessary bonds and insurance policies
within twenty (20) days from the date of Award of Contract by City
Council of the City of Carlsbad, the proceeds of check or bond
accompanying this bid shall become the property of the City of
Carlsbad.
Licensed in accordance with the Statutes of the State of California
providing for the registration of Contractors, License No.
Dealer license #91717
Identification .
The Undersigned bidder hereby represents as follows:
1. That no CounciImember, officer, agent or employee of the
City of Carlsbad is personally interested, directly or
indirectly, in this contract, or the compensation to be
paid hereunder; that no representation, oral or in writing,
of the City Council, its officers, agents or employees, has
induced him/her to enter into this contract, excepting only
those contained in this form of contract and the papers
made a part hereof by its terms; and
2. That this bid is made without connection with any person,
firm or corporation making a bid for the same work, and is
in all respects fair and without collusion or fraud.
Accompanying this proposal is . N/A
(Cash, Certified Check, Bond, or Cashier's Check)
in an amount of not less than ten percent (10%) of the total bid
price.
Page 6
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 self -insurance in
accordance with the provisions of that code, and agrees to comply with
such provisions before commencing the performance of the work of this
contract .
The Undersigned is aware of the provisions of the State of California
Labor Code, Part 7, Chapter 1, Article 2, relative to the general
prevailing rate of wages for each craft or type of worker needed to
execute the contract and agrees to comply with its provisions.
(619) 294-9940
Phone Number
9
b
Modular Buildin Conceptsild
Biddder's, Name
11/6/84
Date
^uthorized Signature
1335 Hotel Circle So. Su 208
San Diego, CA 92108
Bidder's Address
Authorized Signature
Individual
Type of Organization
(Individual, Corporation,
Partnership)
List below names of President; Secretary; Treasurer; and Manager,
if a corporation; and names of all partners, if a partnership:
Ken Kerper, Owner
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY
ALL PRINCIPALS MUST BE ATTACHED)
(CORPORATE SEAL)
N/A
Page 7
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we. />..'-? ->v>.-7^/^j^r i^^v Kf'/^;c-.^ , as Principal,
and ' - ~as Surety, are held
and firmly bounduntothe City of Carlsbad,California, in the sum
of Pol 1 ars
($ ), lawful money of the United States for the
payment of which sum well and truly to be made, we bind ourselves,
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:
CITY HALL MODULARS
CONTRACT NO. 3165
in the City of Carlsbad, is accepted by the City Council of said
City, and if the above bounden Principal shall duly enter into and
execute a contract including required bonds and insurance policies
within twenty (20) days from the date of award of contract by the
City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise,
it shall be and remain in full force and effect, and the amount
specified h-erein shall be forfeited to the said City.
In the event any Principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
day of , 19 .
Corporate Seal (If Corporation)
Principal
By.
Title (Notarial acknowledgement of
execution by all PRINCIPALS and
(Attach acknowledgement of SURETY must be attached.)
Attorney in Fact)
Page 8
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies he/she has used the subbids of the
following listed Contractors in making up his/her bid and that the
subcontractors listed will be used for the work for which they bid
subject to the approval of the City Engineer, and in accordance
with applicable provisions of the specifications. No changes may
be made in these subcontractors except upon the prior approval of
the City Engineer of the City of Carlsbad. The following
information is required for each subcontractor. Additional pages
can be attached, if required:
Items
Work
of
Full
Company
Name
. ,
Installation Callahan Mobile
Home Service
CK. &P
Complete
Address
w/Zip Code
Phone No.
w/Area Code
8SQO PrnHnrM'nn
San Diego, CA 92121
S78-91AQ
Page 9
DESIGNATION OF SUBCONTRACTORS continued
The bidder is to provide the following information on the subbids
of all the listed subcontractors as part of the sealed bid
submission. Additional pages can be.attached if required.
Type of State Carlsbad Amount
Contracting Business of
Full Company Name License & No. License No.* Bid ($ or %)
Callahan Mobile Home Service -?*/ 3- II o
I /•
*Licenses are renewable annually by January 1st. If no valid license
indicate "NONE". Valid license must be obtained prior to submission
of signed contracts.
Bidder's Company Name
(Notarize or _^ ^ / /-*, •* • s ^ # (Corporate Seal) ' >>:- .'\-<j.</>' y^^--^ :.. 'z <J t
Bidder's Complete Address
Authorized Signature
Page 10
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a notarized or sealed statement of
his/her financial responsibility.
Signature
(Notarize or
Corporate Seal)
Page 11
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar character to that
included in the proposed contract he/she has successfully performed and
give references, with telephone numbers, which will enable the City to
judge his/her responsibility, experience, and skill. An attachment can
be used, if notarized or sealed.
Date
Contract
Completed
Name and address
of the Employer
Name and Phone No.
of Person
to Contact
Amount 01
Type of Work Contrac"
/
X'^X-
(Notarize or
Corporate Seal)
Signature'
' .- Stateo.f CALIFORNIA
County of SAN DIEGO
ss.
... :r. isj:^.- r.'.:-y -V i 535 ;
.. .._ __„ .. .„...,—.v^-.».. r^^ftft* X.
On this the _6Lbday of NQVF.MBF.R 19 K4 . before me,
SUSAN J. PEHAR
the undersigned Notary Public, personally appeared
GENERAL ACKNOWLEDGMENT FORM 7110052
KENNETH R. KERPER
Z personally known to me
X; proved to me on the basis of satisfactory evidence
to be the person(s),whose name(s)
within instrumem/'and acknowledged that XE executed it.
WITNESS my hand and official/seal.
Notary>Signature /
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodlano Hills. CA 91364
State of Ca.li f ornia.
County of San Diego
IWWRY pueucounmu
SAN DIEGO MCWY
My Commission Expires Dae. 20,19841
SS.
On this the 18th Hay Of October 19 84. before me,
the undersigned Notary Public, personally appeared
Kenneth R. Kerper
dba: Modular Building Concepts
subscribed
he
known to me to be the person(lQ whose name(j0
to the within instrument and acknowledged that
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Fred A. Norman, Sr.
SIGNATURE. JURISDICTION. EXPIRATION DATE AND ADDRESS OF NOTARY PUBLIC
5 zC £02
k T3
£
Individual Acknowledgment
STATE OF CALIFORNIA
COUNTY OF '> ss.
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
!\J-'1\ 'X-U' ^-' •-
known to me to be the person whose name
acknowledged that ' -^ executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State
. subscribed to the within instrument and
Notary Seal
OFFICIAL SEAL
GAIL E. WALTERS
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Eipires Nov. 11, 1986
Page 12
CONTRACT - PUBLIC WORKS
This agreement is made this 6th day of November , 19 84 ,
by and between the CITY OF CARLSBAD, Cal iforni a, a municipal
corporation, (hereinafter called "City"), and Modular Building _
Concepts
»
whose principal place of business is 1335 Hotel Circle So., Su. 208
San Diego. CA 92108 _
(hereinafter called "Contractor" . )
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified
in the contract documents for:
CITY HALL MODULARS
CONTRACT NO. 3165
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide
all labor, materials, tools, equipment, and personnel to perform
the work specified by the contract documents.
3. Contract Documents. The contract documents consist of this
contract; the bid documents, including the Notice to Bidders,
instructions to bidders' and Contractors' proposals; the plans and
specifications, and all proper amendments and changes made
thereto in accordance with this contract or the plans and
specifications, and the bonds for the project; all of which areincorporated herein by this reference.
4. Payment. As full compensation for Contractor's performance of
work under this contract, City shall make payment to Contractor
as follows:
In the total amount of $ T.0 to be made in a lump sum
not later than 35 days from the date of the filing of the
Notice of Completion.
Page 13
Payment of undisputed contract amounts shall be contingent upon
Contractor furnishing City with a release of all claims against
City arising by virtue of this contract as it relates to those
amounts.
Extra compensation equal to 50 percent of the net savings may
be paid to Contractor for cost reduction changes in the plans
or specifications made pursuant to a proposal by Contractor.
The net savings shall be determined by City. No payment shall
be made unless the change is approved by the City.
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, and is aware of those conditions. The
contract price includes payment for all work that may be done
by Contractor in order to overcome unanticipated underground
conditions. Any information that may have been furnished to
Contractor by City about underground conditions or other job
conditions is for Contractor's convenience only, and City does
not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including
underground conditions, and has not relied oo information
furnished, by City.
Contractor Responsible for Unforeseen Conditions. Contractor
shall be responsible for all loss or damage arising out of the
nature of the work or from the action of the elements or from
any unforeseen difficulties which may arise or be encountered
in the prosecution of the work until its acceptance by the
City. Contractor shall also be responsible for expenses
incured in the suspension or discontinuance of the work.
However, Contractor shall not be responsible for reasonable
delays in the completion of the work caused by acts of God,
stormy weather, extra work, or matters which the specifications
expressly stipulate will be borne by City.
Change Orders. City may, without affecting the validity of
thi s contract , order changes, modifications, deletions, and
extra work by issuance of written change orders. Contractor
shall make no change in the work without the issuance of a
written change order, and Contractor shall not be entitled to
compensation for any extra work performed unless the City has
issued a written change order designating in advance the amount
of additional compensation 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
Page 14
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.
8. Prevailing Wage. Pursuant to the Labor Code of the State of
California, the City Council has . ascertained the general
prevailing rates of per diem wages for each craft or type of
worker needed to execute the contract and a schedule containing
such information is in the City Clerk's office and is
incorporated by reference herein. Pursuant to Labor Code
Section 1775, Contractor shall pay prevailing wages.
Contractor shall post copies of all applicable prevailing
wages on the job site.
9. Indemnity. Contractor shall assume the defense of and
indemnify and hold harmless the City, and its officers and
employees, from all claims, loss, damage, injury and liability
of every kind, nature and description, directly or indirectly
arising from the performance of the contract or work regardless
of responsibility for negligence; and from any and all claims,
loss, damage, injury and liability, howsoever the same may be
caused, resulting directly or indirectly from the nature of the
work covered by the contract, regardless of responsibility for
negligence. The expenses of defense include all costs and
expenses, including attorneys fees, for litigation,
arbitration, or other dispute resolution method. Nothing in
this paragraph shall require Contractor to indemnify City for
losses caused by the active negligence of City.
10. Insurance. Contractor shall maintain insurance covering the
11 ability stated in Paragraph 9 in the amount acceptable to the
City Council and shall cause the City to be named as an
additional insured on any policy of liability or property
damage insurance concerning the subject matter or performance
of this contract taken out by Contractor.
11. Workers' Compensation. Contractor shall comply 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 its officers and employees from all
claims, loss, 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 contract
regardless of responsibility for negligence.
12. Proof of Insurance. Contractor shall submit to the City
certification of the policies mentioned in Paragraphs 10 and
11 or proof of workers' compensation self-insurance prior to
the start of any work pursuant to this contract.
13. Arbitration. Any controversy or claim in any amount up to
$100,000 arising 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
Page 15
of the American Arbitration Association and judgment upon the
award rendered 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
accompanying the return of this contract. Contractor shall
notify the City by certified mail of any change of address of
such records.
15. Labor Code Provisions. The provisions of Part 7, Chapter 1,
commencing with Section 1720 of the California Labor Code are
incorporated herein by reference.
16. Security. Pursuant to the requirements of law (Governement Code
Section 4590), appropriate securities may be substituted for any
monies withheld by City to secure performance of this contract
or any obligation established by this contract.
17. Additional Provisions. Any additional provisions of this
agreementare set forth in the "General Provisions" or
"Special Provisons" attached hereto and made a part hereof.
Contractor Z7 x*
(Seal)
(Notarial acknowledgement of By ^/&sywi6&y /c ^/"2f4£6i
execution by ALL PRINCIPALS
must be attached.) Title_
By
Title -
CITY OF CARLSBAD, CALIFORNIA
F. D. Aleshire
City Manager
Page 16
Contractor's Certification of Awareness of Workers' Compensation
Responsibility.
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Contractor
BOND NO. CA103790
Page 17
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. adopted ,
KENNETH
has awarded to R.KERPER DBA: MODULAR BUILDING CONCEPTS hereinafter
designated as the "Principal",a contract for:
CITY HALL MODULARS
CONTRACT NO. 3165
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.
WHEREAS, said Principal has executed or is about to execute said
contract and 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,
provisions, provender, or other supplies or teams used in, upon for
or about the performance of the work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond
will pay the same to the extent hereinafter set forth.
KENNETH
NOW, THEREFORE, WE, R. KERPER DBA: MQDUIAR BUILDING CONCEPTS
as Principal, hereinafter designated as the "Contractor",and
MERCHANTS BONDING COMPANY (Mutual) as Surety, are heT3
firmly bound unto the City of Carlsbad in the sum of NINETY SEVEN
THOUSAND TWO HUNDRED FIFTY AND NO/100-—--— -— Doll 3TS ($ 97,250.00) Said SUITI
being one hundred per cent(100%) of the estimated amount payable
by the City of Carlsbad under the terms of the contract, 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 person or
his/her subcontractors fail to pay for any materials, provisions,
provender, or other supplies, or teams used in, upon,
the performance of the work contracted to be done, or
work or labor thereon of any kind, or for amounts due
Unemployment Insurance Code with respect to such work
that the Surety or Sureties will pay for the same, in
exceeding the sum specified in the bond, and also, in
brought upon the bond, a reasonable attorney's fee, to
the court,
Government
as required
Code of the
by the provisions of
State of California.
for, or about
for any other
under the
or labor,
an amount not
case suit is
be fixed by
Section 4202 of the
Page 18
This bond shall inure to the benefit of any
companies and corporations entitled to file
1192.1 of the Code of Civil Procedure so as
action to them or their assigns in any suit
as required by the provisions of Section 4205 of the Government Code
of the State of California.
and al1 persons,
claims under Section
to give a right of
brought upon this bond,
In the event any Contractor above named executed this bond as an
individual, it !s agreed the death of any
exonerate the Surety from its obligations
such Contractor
under this bond
shall not
IN WITNESS
Contractor
WHEREOF, this instrument has been duly executed by the
and Surety
1984.
above named, on the 6th 'day of NOVEMBER
KENNETH R. KERPER DBA: MODULAR BUILDING CONCEPTS
(Notarize or Corporate
Seal for each Signer)Kenneth R. Kerper, Owner
Contractor
MERCHANJ^ BONDING COMP AN Yj Mutual )
Settle L. Garcia, At£'brney-in-Fact
Surety
19JSA-, before meOn this the _6lh_ day of NOVEMBERState of CALIFORNI
County Of SAN DIEGO
the undersigned Notary Public, personally appeared
1 personally known to me
proved to me on the basis of satisfactory,evkience
to be the person(shwhose name(s) f/ IS ) subscribed to the
within instrument and ackno^ledge^ihat //HE executed it.
WITNESS my hand and official
OFFICIAL SEAL
SUSAN J. PEHAR
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SA>; DIEGO COUNTY
My -''ommission Expires May 3, 1985
B33CC93C3
GENERAL ACKNOWLEDGMENT FORM 7110052
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. « Woodland Hills. CA 91364
BOND NO. CA103790
Page 19
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. , adopted ,
KENNETH
has awarded to R- KERPER DBA: MODULAR BUILDING CONCEPTS ,
hereinafter designatedasthe"Principal",a contractfor:
CITY HALL MODULARS
CONTRACT NO. 3165
in the City of Carlsbad, in strict conformity with the drawings and
specifications, and other contract documents now on file in the
Office c.f the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute said
contract and the terms thereof require the furnishing of a bond for
the faithful performance of said contract;
KENNETH
NOW, THEREFORE, WE, R- KERPER DBA: MODULAR BUILDING CONCEPTS , as
Principal, hereinafter designated as the "Contractor", and
MERCHANTS BONDING COMPANY (Mutual)as
Surety, are, held and firmly bound unto the City of Carlsbad, fn~
the sum of NINETY SEVEN THOUSAND TWO HUNDRED FIFTY AND NQ/IOO— Dollars
($ 97,250.00 ), said sum being equal to 100 per cent (100%)
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 and administrators, successors
severally, firmly by these presents.
or assigns, jointly and
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden
Contractor, his/her or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and
agreements in the said Contract and any alteration thereof made as
therein provided on his/her or their part, to be kept and performed
at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers and
agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and virtue.
Page 20
And said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the
terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall affect its
obligations on this bond, and it does hereby waive notice of any
change, extension of time, alterations or addition to the terms of
the contract or to the work or to the specifications.
In the event that any Contractor above named executed this bond as
an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this
bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Contractor and Surety above named on the 6thday of NOVEMBER 1
19 «4.
(Notarize or Corporate
Seal for Each Signer)
KENNETH R. KERPER DBA: MODULAR BUILDING CONCEPTS
Kenneth R. Kerper, Owner
Contractor
MERCHANTS BONDING COMPAN^-C Mutua 1 )
Bettie L. Garcia, Att.^rney-in-Fact
burety
State of CALIFORNIA
SS.
County of SAN DIEGO,
VV,"."O:::-T..i*--:~ •:>-.-.rr?.- r .-!£>• 3. 1985 i
On this the _6ihday of NOVEMBER 19 84 - before me,
SUSAN J. PEHAR
the undersigned Notary Public, personally appeared
KENNETH R. KERPER
Z personally known to me
£ proved to me on the basis of satisfactory evidence
to be the person^whose name(s) IS J subscribed to the
within instrumen/and acknowledged that XE executed it.
WITNESS my hand and official/Seal. ,^
V' * ' / jf ' /.^- in— " . /t .-/ •.<•/;*(. •«.—-x
Notary>Signature x
X&ge&0&&*&&i?»&&&ai&i!&&i?>!!>S^^
GENERAL ACKNOWLEDGMENT FORM 7110 052 NATIONAL NOTARY ASSOCIATION «23012 Ventura Blvd. • Woodland Hills. CA 9136*
Page 21
GENERAL PROVISIONS
1. PLANS AND SPECIFICATIONS
The specifications for the work shall consist of the latest
edition of the Standard Specifications for Public Works
Construction, hereinafter designated SSPWC,asissued 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 3 sheet(s) designated
as City of Carlsbad Drawing No. 2.H3— G~.
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor,
equipment and materials and performing all operations necessary
to complete the construction of the modular building and parking
lot, as shown on the project plans and as specified in the
specifications.
3. DEFINITIONS AND INTENT
A. Engineer:
The word "Engineer" shall mean the City Engineer or his
approved representative.
B. Reference to Drawings:
Where words "shown", "indicated", "detailed", "noted",
"scheduled", or words of similar import are used, it shall
be understood that reference is made to the plans
accompanying these provisions unless stated otherwise.
C. Directions:
Where words "directed", "designated", "selected", or words
of similar import are used, it shall be understood that the
direction, designation, or selection of the Engineer is
intended unless stated otherwise. The word "required" and
words of similar import shall be understood to mean "as
required to properly complete the work as required and as
approved by the City Engineer" unless stated otherwise.
Page 22
D) Equals and Approvals:
Where the words "equal", "approved equal", "equivalent" and
such words of similar import are used, it shall be
understood such words are followed by the expression "in
the opinion of the Engineer" unless otherwise stated.
Where the words "approved", "approval", "acceptance", or
words of similar import are used, it shall be understood
that the approval, acceptance, or similar import of the
Engineer is intended.
E) Perform and Provide:
The word "perform" shall be understood to mean that the
Contractor, at her/his expense, shall perform all
operations, labor, tools and equipment, and further,
including the furnishing and installing of materials that
are indicated, specified, or required to mean that the
Contractor, at her/his expense, shall furnish and install
the work, complete in place and ready to use, including
furnishing of necessary labor, materials, tools equipment,
and transportation.
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 manufacturers 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 materi al.
CONSTRUCTION SCHEDULE
A construction schedule is to be submitted by the Contractor
per Section 6-1 of the SSPWC at the time of the preconstruction
conference.
If the completion date shown on the "Notice to Proceed" letter
is not met by the Contractor, he will be assessed the daily
salary of the City Inspector for each working day beyond the
completion date as damages.
Page 23
Coordination with the respective utility company for removal or
relocation of conflicting utilities shall be requirements prior to
commencement of work by the Contractor.
The Contractor shall begin work after being duly notified by an
issuance of a "Notice to Proceed" and shall diligently prosecute
the work to completion within 45 consecutive calendar days
from the date of receipt of said "Notice to Proceed."
6 . NONCONFORMING WORK
The Contractor shall remove and replace any work not conforming to
the plans or specifications upon written order by the City
Engineer. Any cost caused by reason of this nonconforming work
shall be borne by the Contractor.
7. GUARANTEE
All work shall be guaranteed for one (1) year after the filing
of a "Notice of Completion" and 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 manufacturer's directions, the Contractor shall obtain and
distribute the necessary copies of such instructions, including
two (2) copies to the City Engineer.
9. INTERNAL COMBUSTION ENGINES
All internal combustion engines used in the construction shall be
equipped with mufflers in good repair when in use on the project
with special attention to City Noise Control Ordinance No. 3109,
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
informed regarding progress and manner of work and character of
materials. Inspection of work shall not relieve Contractor from
any obligation to fulfill this contract.
Page 24
11. 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 though it
were included herein, and if, through mistake or otherwise, any
such provision is not inserted, or is not correctly inserted,
then upon application of either party the contract shall
forthwith be physically amended to make such insertion or
correction.
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
completion 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
compli ance.
13. SUBSTITUTION OF MATERIALS
The Proposal of the Bidder shall be in strict conformity with
the drawings, 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 names or by
names of manufacturer 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,
Page 25
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.
14. RECORD DRAWINGS
The Contractor shall provide and keep up to date a complete
"as-built" record set of transparent sepias, which shall be
corrected daily and show every change from the original
drawings and specifications and the exact "as-built"
locations, sizes and kinds of equipment, underground piping,
valves, and all other work not visible at surface grade.
Prints for this purpose may be obtained from the City at
cost. This set of drawings shall be kept on the job, shall
be used only as a record set, and shall be delivered to the
Engineer on completion of the work.
15. PERMITS
The general construction, electrical, and plumbing permits
will be issued by the City of Carlsbad at no charge to the
Contra'ctor. The Contractor is responsible for all other
required licenses and fees.
16. CUTTING, PATCHING
The Contractor shall do all cutting, fitting, or patching of
the work that may be required to make its several parts come
together propery and fit it to receive or be received by work
of other contractors shown upon, or reasonably implied by, the
plans and specifications for the completed structures, and
Contractor shall make good any defect as the City may direct.
The Contractor shall not endanger any work by cutting,
excavating, or otherwise altering the work and shall not cut
or alter the work of any other contractor without the consent
of the City.
Page 26
17. SAFETY & PROTECTION OF WORKERS AND PUBLIC
The Contractor shall take all necessary precautions for the
safety of employees on the work and shall comply with all
applicable provisions of Federal, State and Municipal safety
laws and building codes to prevent accidents or injury to
persons on, about or adjacent to the premises where the work
is being performed. 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 danger signs warning against
hazards created by such features of construction as protruding
nails, hoists, well holes and falling materials.
18. SURVEYING
The City will supply surveying.
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 Abbrevi ation
American Society for Testing
Materials ASTM
U.S. Government Fed. Spec.
National Board of Fire
Underwriters NBFU
American Institute of Steel
Construction AISC
American Standards Association ASA
Underwriters Laboratories, Inc. UL
Uniform Building Code UBC
American Concrete Institute ACI
CITY HALL MODULARS
CONTRACT NO. 3165
SPECIAL PROVISIONS
Page 27
GENERAL DESCRIPTION
The City of Carlsbad is inviting bids for one modular office
complex of approximately 2,700 square feet, to be located on
the existing City Hall site at 1200 Elm Avenue, Carlsbad,
California. The complex must have fully insulated double-
wall construction with exterior dimensions and interior
office layouts as shown on the drawings included with these
specifications.
The bid price should include the cost of fabrication,
construction, delivery, assembly, and installation of the
complex on steel piers at the project site.
The complex must be constructed to meet all the applicable
codes and the State of California Department of-Housing
Requirements for Occupancy (B-2).
SPECIFICATIONS
A. , Design Loads
1) Floor Live Load = 100 psf
2) Roof Live Load = 20 psf
3) Wind Load = 25 psf
B • Structural Framing
1) Steel Chassis - 12" I 10.6# longitudinal beam
at 79" 0/C
- 7-1/2" x 13 ga. cross-members
at 4'-0" 0/C
- 10" x 10 ga. channel end cross-
members
- 8" I 6.2# x member/outriggers
at roof support posts
2) Floor 2" x 8" joists at 8" 0/C (Douglas Fir #2 or
better)
3) Walls 2" x 4" at 16" 0/C (Hemlock-Fir stud grad or
better)
4) Roof:
2" x 6" joists at 24" 0/C (Hemlock-Fir #2 or better)
2 - 4" x 14" ridge beams (Douglas-Fir #1 or better)
Page 28
C. Floors
Carpet over 5/8" combination subfloor under 1ayment
plywood (T & G long edges). R-7 fiberglass insulation.
3/8" asphalt-impregnated- weather-board on underside of
joists. Submit color and material samples for approval.
Floor elevation of the new modular shall match the floor
elevation of existing Purchasing Modular.
Walls
1) 3/8" plywood exterior siding, grooved at 8" 0/C with
wood-grained masonite trim. Siding and trim to be
stained Olympic color - Golden Sand. (Submit color
for approval.) Exterior walls to be insulated with
R-ll Kraft-backed fiberglass batts or equivalent.
2) Interior walls shall be finished in a wood or
sinulated wood paneling in a shade or color to be
approved the City. All interior walls shall be
sound insulated to absorb 75% of incoming sound.
Flame-spread of interior shall be Class 3 or
better.
E. Roof
30 galvanized steel with factory seams over 3/8" CDX
plywood roof sheeting. Roof to be insulated with R-19
Kraft-backed fiberglass batts or equivalent. Roof to be
relatively flat. Gutters must be installed as shown on
the plans. Roof overhang shall be installed above all
entrance and exit doors, and shall be continous as shown
on the plans.
Roof elevation of the new modular shall match the roof
elevation of the existing modular and shall slope away
from the Purchasing Modular.
F. Cei1 ing
Chicago metalic 800 series T-grid suspended ceiling with
2' x 4' x 5/8" film-faced fiberglass acoustic ceiling
panels or equal.
G. Skirting
3/8" plywood exterior siding grooved at 8" 0/C stained to
match exterior wall siding and appied over 2" x 4" wood
framing.
Page 29
Doors
1) Entrance doors: 3'0" x 6'8" double-acting tempered
glass doors with aluminum frames. Doors shall open
out.
2) Rear exterior doors: 3'0" x 6'8" double-acting
tempered glass door with aluminum frames. Door
shall open out.
3) Interior doors: 3'0" x 6'8" x 1-3/8" solid-core
wood doors.
4) On interior doors, install approved cylinder release
locks (Schlage or equivalent).
5) On exterior doors, install panic hardware on
interior and cylinder release locks on exterior.
Windows
1) 3'0" x 4'0" aluminum sliding windows with Venetian
mini-blinds. Submit color samples for approval.
Screens shall be provided.
2) Existing Purchasing Department's windows on the west
side shall be removed, blocked, and paneled to match
existing interior paneling.
Electrical
1) The modular complex shall be supplied by two 100 amp
electrical panels, and 220 and 110 volts power.
2) Lighting to be provided by 2' x 4' - 4' tube
recessed diffused florescent light fixtures as shown
on the floor plan.
3) Electrical outlets and "rough-in" for phone jacks to
be provided as shown.
4) The modular complex shall be provided with two 3-ton
Bard air-conditioning units or equivalent, with heat
pumps, having 10 KW electric resistance heat strips,
and thermostatically controlled.
5) Thermostats shall be semi-automatic type with
automatic temperature control, operated by On/Off
switch and will have fan On/Off switch to supplement
heating cycle.
6) Supplied air to be ducted above ceiling with air
diffusers.
Page 30
7) Air is returned to the units by means of return-air
grills in the wall at the air-conditioning units.
Rooms which are cut off from the air return to be
with return-air grills through the partition.
All electrical and lighting plans
the Engineering Department of the
units and their mounting location
the City prior to installation.
Traffic Control
shall be approved by
City of Carlsbad. HVAC
shall be approved by
The Contractor shall provide and install all barricades
and barricade signing as required for traffic control
during move-on.
Payment for
in the Lump
these items, if required, shall
Sum Price for the modular.
be included
Cleanup and Protection of Work
The Contractor is required to conduct concurrent clean-up
operations as the work proceeds. Portions of the job,
other than active work areas as determined by the
Engineer of Work, shall be completely cleaned of dirt,
debris, equipment, and construction material; and these
areas are to be completely restored.
Dumping or storage of materials, or storage of equipment
in public rights-of-way, or private property, requiring
subsequent cleanup shall not be permitted unless written
permission is secured from the agency having jurisdiction
or owner of the property, and submitted to the Engineer
of Work and approved.
Until the formal acceptance of the work, the Contractor
shall have the charge and care thereof and shall bear the
risk of injury or damage to any part thereof by the
action of the elements or from the performance or non-
performance of the work.
All costs involved in protection, restoration, and
cleanup of existing improvements shall be included in the
Lump Sum Price for the modular and no additional payment
will be made.
Hectrical Hookups
The existi
full capacity and
modulars. Contract
and obtain
formers at City Ha at
ectricalnecessary
^_ electrical hookups
Ton with San Diego Gas and
operating
power the new
onsible for securing
djng
ectr
hookupsmeters.purchase, and installation of
Page 31
Payment for all electrical work, including underground
wiri ng—anfd—hookups—ke—power source—swwl—a4J—San Diego Gas
»nd Electric Co.—charges necessary to accomplish the job
included in the Lump Sum Price for the construc-
modular and -no additional payment will beshall be
tion of the
made.
Piers
The modular complex shall be installed on fairly flat
ground surface (see the elevation on drawing).
Contractor to submit shop drawings for approval on piers
and foundation methods. All peirs shall be new and
without defects with minimum of 5,000 Ib. peirs to be
supported on load-rating, pressure-treated pads as shown
on the plans.
Carpet
Installation: Carpet shall be laid out and cut in such a
manner as to create a minimum of seams; said seams to be
located in inconspicuous places. Seams shall be made by
butting factory edges or lap cutting to make a perfect
match. Extreme care shall be used in glueing and fitting
seams to make them as inconspicuous as possible.
Carpeting is to be coved in all areas.
Materi al
Carpeting shall be commercial-type carpet having
excellent ratings for cleanabi1ity, solid resistance,
surface texture retention and colorfastness, and meeting
the following specifications:
1) Pile:
Fiber:
Construction:
Yarn Size/Ply:
Machine Gauge (Pitch)
Stitches per Inch:
Weight:
Finished Pile Height:
Flame Spread Rating:
Static Propensity:
Tuft Bind:
100% continuous filament nylon
Level loop
1225, 1245/3
1/8" (216)
10 minimum
28 ounces/yard minimum
1/8" minimum
Maximum 75 (ASTM E-84 test)
Maximum 3-5 Kv or less at 70"
F. and 20% relative humidity
Minimum 10 pounds force
Page 32
2) Backing:
Primary Backing: Moisture-proof polypropylene
Secondary Backing:
Alternate A - 3/16" high density foam rubber
Alternate B - woven jute, 100% nylon with static
control, machine gauge 1/8", 10.5 stitches per
inch, 0.219" pile height or equal.
Weight: 28 ounces/yard minimum
Total Weight: 95 ounces/yard minimum or equal
Q. Extra Stock
Upon completion of carpet installation, installer shall
deliver six (6) swatches of carpeting to the City's
Building Maintenance Department for use in case of
repairs. Each swatch shall be at least one square yard
and at least 18" wide.
R. Color
The color of the carpet shall be russet brown.
S. Mini-Blinds
•Mini-blinds for all windows shall be supplied by the
Contractor. Submit color and material for approval.
T. Skylights
Skylights shall be constructed as shown on the plans.
The Contractor shall submit shop drawings for approval.
All skylights shall be tested for water leaks prior to
acceptance.
U. Additional Work
1) Three (3) additional skylights shall be installed in
the existing Purchasing Modular as shown on the
plans. The Contractor shall be responsible for
relocation of interfering beams, insulation, and all
other obstructions for installation of skylights.
Page 33
2) Remove gutters on the west side of the existing
Purchasing Modular, match it with the new modular
celling, and seal completely so no water leakage can
occur through the gap between the two modulars.
3) Payment:
Payment for all additional work shall be included in
the Lump Sum Price for the modular building and no
additional payment shall be made.
Handicap Ramps
1) The Contractor shall install a handicap ramp,
stairs, and skid-resistant material as shown on
plans, and in accordance with accepted standards in
the building industry. All ramps, stairs, and
railing shall be Douglas Fir and painted to match
existing building.
2) Payment:
Payment for ramps, stairs, and skid-resistant
material shall be included in the Lump Sum Price for
the Modulars and no additional payment shall be made
therefor.
Structural Lumber
Lumber shall be Douglas Fir, Larch, and Hem Fir
munufactured, graded, and grade-marked in accordance with
standard grading rules for West Coast lumber.
Grading and Compaction
^ actor
import"^
to 90% of mo
modular
therefor.
Precast Concrete Wheel Stops
to the
per unit and
depth 3 feet