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Home My WebLink AboutPorter Athletic Equipment Company; 2003-11-17; FAC02-15DOC # 2004-0434776 RECORDED REQUESTED BY / @ CITY OF CARLSBAD 'I&@ AND WHEN RECORDED PLEASE llp]r MAILTO: City Clerk Clty of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MQY 135 2004 8~32 OM OFFICIk EcORIfs W DIEGO CWNTY KIBWR'S OFFICE GREGORY J. S)IIITH, "TY RECORDER FEES: 0.00 Space above this line for Recorder's use. PARCEL NO: 1671 01 36 NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the tie of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on May 5,2004. The name of the contractor for such work or improvement is Porter Athletic Equipment Co. Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: New Gymnasium Equipment at Calavera Community Center, Agreement Number FAC 02-1 5. The street address of said property is 2997 Glasgow Drive. Depc&hblic Works Director VERIFICATION OF ClTy CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on IO* ,20&, accepted the above described work as completed and ordered that a atice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ha-, \2* ,20*, at Carlsbad, California. CITY OF CARLSBAD CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for the New Gymnasium Equipment at Calavera Community Center, FAC 02-15 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE New Gymnasium Equipment at Calavera Community Center $36,738.30 CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above-described RAYMOD R. PATCHETT, City Manager MROVED AS TO FORM: MAY 1 0 2004 Date CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR NEW GYMNASIUM EQUIPMENT AT CAEAVERA COMMUNITY CENTER CONTRACT NO. FAC02-15 September 11,2000 *xf Revised 911 l/N Contract No. FAC02-15 Page 1 of 58Pages TO: 176072I39562 P: 2'2 -- _-. I--- E ____I t rojcct Name: Cdaberap Gvm refurblsb xarion: rchitect: j portn Athletic Eqwplnem Carlos D. Herrera I P.O. Box 1 If5 Wtt ier. CA CA !XJfA15 1175 Phone: 626.J69 TT7? Fax: 626-369- IO I 5 Email: cherrem@poxter-ath.com Roo: 818-717-9267 May 14,2002 ADDENDUM NO. 1 RE: NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER, Contract No. FACOZ-15 Please include the attached addendum in the Notice to BiddedRequest for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. .- RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2460 FAX (760) 602-8556 @ I City of Carlsbad May 13,2002 ADDENDUM NO. 1 NEW GYMNASIUM EQUIPME',NT AT CALAVERA COMMUNITY CENTER CONTRACT NO. FACO2-15 The following additions and clarifications have been made to Contract No. FAC02-15. Notice Inviting Bids: On page 5, omit "The following classifications are acceptable for this contract: B" and add the following: The following classifications are acceptable for this contract: A, C-10 or D-28 /- SCOTT CARROLL Management Analyst _- 405 Oak Avenue - Carlsbad, CA 92008-3009 (760) 434-2980 - FAX (760) 720-9562 @ . - City of Carlsbad May 23,2002 ADDENDUM NO. 2 RE: NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER, Contract No. FAC02-I5 Piease include the attached addendum in the Notice to BiddedRequest for Bids have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2460 FAX (760) 602-8556 @ ii .- City of Carlsbad May 22,2002 ADDENDUM NO. 2 NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER CONTRACT NO. FACO2-15 The following additions and clarifications have been made to Contract No. FACO2-15. Notice Inviting Bids: Drawing: On page 5, omit “The following classifications are acceptable for this contract: By’ and add the following: The following classifications are acceptable for this contract: C-61-D34, C61-D48 Omit the “219 Up-Fold” backstop drawing created on 08/13/2001 and add following drawing that is attached here to. 949 Series Front Braced-Forward Fold Backstop, Created on 03/29/2002 /- SCOTT CARROLL Management Analyst 405 Oak Avenue Carlsbad, CA 92008-3000 * (760) 434 2980 - FAX 1760) 720-9562 @ STATE OF ILLINOIS COUNTY OF DU PAGE On this 5th day of June, 2002, before me came Joanne costa who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the therein described and authorized ATTORNEY-IN-FACT of Washington International Insurance co. that the seal affixed to said instrument is the Corporate Seal of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal this day and year first written above. Notary Public . (Seal) C . - . Item TABLE OF CONTENTS Paae Notice Inviting Bids ........................................................................................................................ 4 Contractor’s Proposal .................................................................................................................... 8 Bid Security Form .......................................................................................................................... 12 Bidder’s Bond To Accompany Proposal ....................................................................................... 13 Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items” and “Designation of Owner OperatodLessor and Amount Of Owner Operator/Lessor Work” Forms .......................................................................................................................... 15 Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. 17 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............ 18 Bidder’s Statement Of Financial Responsibility ............................................................................ 19 Bidder‘s Statement Of Technical Ability And Experience ............................................................. 20 Bidder’s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive Liability And Workers’ Compensation .......................................................................................... - Bidder’s Statement Of Re Debarment .......................................................................................... Bidder’s Disclosure Of Discipline Record ......................................................................... Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. Contract Public Works ................................................................................................................... Labor And Materials Bond ............................................................................................................. Faithful PerformanceMlarranty Bond ........................................................................................... Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ....................................... SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section 1 1-1 Terms ................................................................................................................... 1-2 Definitions ............................................................................................................. 1-3 Abbreviations ........................................................................................................ Terms. Definitions Abbreviations And Symbols Section 2 . Scope And Control Of The Work 2-3 Subcontracts ........................................................................................................ 2-4 Contract Bonds ..................................................................................................... rx 21 22 23 25 26 32 34 36 39 39 40 41 41 @ Revised 9/11/00 Contract No . FAC02-15 Page 2 of 58 Pages .,- 2-5 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4- 1 4-2 Section 5 5-1 5-4 5-6 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 _- Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9-1 9-3 Plans And Specifications ...................................................................................... Authority Of Board And Engineer ......................................................................... Changes In Work Changes Initiated by the Agency ......................................................................... Extra Work ............................................................................................................ Disputed Work ...................................................................................................... Changed Conditions ............................................................................................. Control Of Materials Materials And Workmanship ................................................................................ Materials Transportation. Handling and Storage .................................................. Utilities Location ................................................................................................................ Relocation ............................................................................................................. Cooperation .......................................................................................................... Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ Prosecution Of Work ............................................................................................ Delays And Extensions Of Time .......................................................................... Time of Completion .............................................................................................. Completion And Acceptance ................................................................................ Liquidated Damages ............................................................................................ Responsibilities Of The Contractor Liability Insurance ................................................................................................. Workers' Compensation Insurance ...................................................................... Permits ................................................................................................................. Cooperation and Collateral Work ......................................................................... Project Site Maintenance ..................................................................................... Public Convenience And Safety ........................................................................... Laws To Be Observed .......................................................................................... Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................ 42 43 44 44 44 45 48 49 49 49 50 50 53 54 54 54 54 55 55 55 55 55 56 56 56 56 Revised 9/11/00 Contract No . FAC02-15 Page 3 of 58 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO p.m. on June 5,2002, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-731 4, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Provide the furnishing of all equipment and labor necessary to remove existing basketball backstops and installing new basketball backstops that conform to the specifications below. CONTRACT NO. FACOP-15 NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard SDecifications for Public Works Construction, 1997 Edition, and the 1998 and 1999 sutmlements thereto, all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. - The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department, Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are: .- e Revised 911 1/00 Contract No. FAC02-15 Page 4 of 58 Pages 1. x 2. 3. 4. 5. 6. 7. Contractor's Proposal Bidder's Bond Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid Designation of Owner Operator/Lessors & Amount of Owner OperatorlLessor Work Bidder's Statement of Financial Responsibility Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder' s Statement Re Debarment 11 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $32,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: B If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers 4- %# Revised 911 1/00 Contract No. FAC02-15 Page 5 of 58Pages employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 41 07 and 41 07.5. - The provisions of Part 7, Chapter 1 , of the Labor Code commencing with section 1720 shall apply to the Contract for work. A mandatory pre-bid meeting and tour of the project site will be held at Calavera Community Center, 2997 Glasgow Drive, Carlsbad, California on Wednesday, May 22,2002 at 9:00 a.m. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. - The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. ,-- Insurance is to be placed with insurers that: I) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. @ Revised 911 1/00 Contract No. FACO2-15 Page 6 of 58 Pages Auto policies offered to meet the specification of this contract must: 1 ) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. I Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2002-1 17 adopted on the 1 6th day of April, 2002 z- Date 1 Revised 911 1/00 Contract No. FAC02-15 Page 7 of 58 Pages .- CITY OF CARLSBAD CONTRACT NO. FAC02-15 NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER CONTRACTOR’S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. FAC02-15 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE “A” NEW GYMNASIUM EQUIPMENT Item - No. DescriDtion Approximate Quantity Unit and Unit - Price - Total A-1 Volleyball Sleeves Chrome 6 $ 399.42 $ 2,396.48 Covers I- replace sleeve covers and adjust bottom of all sleeves to correct height A-2 Basketball Backstop - furnish and install ceiling mounted backstops 4 $ 7,142.65 $ 28,570.58 A-3 Wall mounted key pad 1 $ 1,535.42 $ 1,535.42 control system - Furnish and install A-4 Remove and dispose of LS $ 1,838.43 $ 1,838.43 existing basketball backstops $2,397.38 A-5 Bond & Insurance Costs LS A1 -1 9’rL &s+i-- Total amount of bid in words for Schedule “A”: Thirty-six thousand seven hundred thirtv-eiqht and 30/100 dollars - Total amount of bid in numbers for Schedule “A”: $ 368738.30 The basis of award will be the sum of Schedule “A“. fs Revised 9/11/00 Contract No. FAC02-15 Page 8 of 58 Pages Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No@). 1 z hadhave been received and idare included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number bls2oL 1 , classification 1b34 which expires on , and that this statement is true and correct and has the legal effect of 3131 12003 (2&6- an affiddvit. A bid submitted to the City bq a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City $j 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted himiher 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 or Cashier's Check) for ten percent (1 0%) of the amount bid. (Cash, Certified Checw The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter I, 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. em tS Revised 9/11/00 Contract No. FAC02-I 5 Page 9 of 58Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (I) Name under which business is conducted (2) Signature (given and surname) of proprietor mmf4 @ 1- [/J - , (3) Place of Business &) I.? O-Em z* 0 J .I (Street and Number) (4) Zip Code b$ Telephone No. 7;s *%Go IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. Porter Athletic Equipment Company Impress Corporate Seal here Chief Financial Officer (3) Incorporated under the laws of the State of %Wb= r (4) Place of Business 8 - AE.3.d 3b% zx 00 City and State nmmvl , [I (Street andhumber) J (5) Zip Code /Lo5 Telephone No. 7@ 1% 8 ‘7m e= E# Revised 9/17/00 Contract No. FAC02-15 Page 10 of 58 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 911 1/00 Contract No. FAC02-15 Page 11 of 58 Pages License Detail California Home piGI Page 1 of 2 Fridav. November 07.2003 Description PREFABRICATED EQUIPMENT Contractor License # 61 5296 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. are disclosed. the arbitration. onto the Board's license data base. Per B&P 7071.1 7, only construction related civil judgments known to the CSLB Arbitrations are not listed unless the contractor fails to comply with the terms of Due to workload, there may be relevant information that has not yet been entered Extract Date: 11/07/2003 * * * Business Information * * * PORTER ATHLETIC EQUIPMENT COMPANY 2500 SOUTH 25TH AVENUE BROADVIEW, IL 601 55 Business Phone Number: (708) 338-2000 Entity: Corporation Issue Date: 03/16/1991 Expire Date: 03/31/2005 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number S4003108 in the amount of $7,500 with the bonding company WASHINGTON INTERNATIONAL INSURANCE COMPANY. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 11/7/2003 License Detail Page 2 of 2 Effective Date: 02/22/1995 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual number S7004696 for GREGORY LEE HEGE in the amount of $7,500 with the bonding company WASHINGTON INTERNATIONAL INSURANCE COMPANY. Effective Date: 05/01/1999 * * * Workers Compensation Information * * * This license has workers compensation insurance with the HARBOR SPECIALTY INSURANCE COMPANY Policy Number: WN057800-02 Effective Date: 04/01/2003 Expire Date: 04/01/2004 Workers Compensation History Personnel List .-. License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request Q 2003 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca. gov/CSLB-LIBRARY/License+Detail. asp 11/7/2003 BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. FAC02-15 NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ 11 this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bid.) e- p,s Revised 9/11/00 Contract No. FAC02-15 Page 12 of 58 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER /.--- CONTRACT NO. FACO2-15 KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and I as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER, CONTRACT NO. FAC02-15 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. . .- ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... rt 4w rrs Revised 9/11/00 Contract No. FAC02-15 Page 13 of 58 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. - Executed by PRINCIPAL this day of ,20 . PRINCIPAL: Executed by SURETY this day (name of Principal) of ,20 * By: (sign here) SURETY: (print name here) (Title and Organization of Signatory) By: (name of Surety) (address of Surety) (telephone number of Surety) (sign here) (print name here) By: (title and organization of signatory) (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 9/11/00 Contract No. FAC02-15 Page 14 of 58 Pages THE AMERICAN INSTITUTE OF ARCHITECTS COPY AIA Document A310 Bid Bond KNOWALL MEN BYTHESE PRESENTS, that we 2500 S. 25th Avenue, Broadview, IL 60155 As Principal, hereinafter call the Principal, and 1200 Arlington Heights Road, Itasca, IL 60143 A corporation duly organized under the laws of the State of As Surety, hereinafter called the Surety, are held and firmly bound unto 1635 Faraday Avenue, Carlsbad CA 92008 As Obligee, hereinafter called the Obligee, in the sum of Porter Athletic Equipment Company Washington International Insurance Co . ARIZONA City of Carlsbad Two Percent of the Attached Bid I* ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 2% Dollars ($ F or the payment of which sum well and truly to be made, the said Principal and the said Surety, bind presents WHEREAS, the Principal has submitted a bid for - Take down 4 existing wall mounted backstops and replace with ceiling mounted backstops;repair volleyball sleeves @ Calaveras Community Center NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the f’rincipal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 5th day of June 2002 (Sear) ional Insurance See Attached Jurat (Seal) Joanne Costa (Tide) Attorney-In-Fact (witness) co . AIA DOCUMENT A3 10 BID BOND AN@ ’ FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON D.C. 20006 NAS SURETY GROUP I NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHTNGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws ofthe State ofNew Hampshire, and having its principal ofice in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: John E. Adams, Joanne Costa, Robert D. Jacobson, Mary Ann Powell, Gerald C. Olson, Karen A. Ryan, R.O. Drost, Judith A. McGoogan, Lora A. Pepel, James M. Drost and Robert W. Mielke iointlv or severally its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount oE TEN MILLION ~10,000.000.00~ DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. BY Paul D. Amslutq Praldmt & Chief Executive Omcer of Washington International Insurance Compamy & Vice Raiden1 of North Ammcam Specialty Insurance Compmy BY Slevm P. Anderson. Sr. Vice Pruldwl or Washineta Inlenaliand Insurance Comanv & .. Vice President of North American S&hlty lnrunnce Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their ,20-. 02 official seals to be hereunto affixed, and these presents to be signed by their authorized officers this day of February North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage day of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be ss: ,2002, before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of , the voluntary act and deed of, their respective companies. YASMIN A PAm Yasmin A. Patel, Notary Public I, James A. Carpenter North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of 2002 . IN WITNESS WHEREOF, I have set my hand and affixed the seals ofthe Companies this =day of June I- Jamea A. Carpenter, Vice President & Awlstant Secretary eTWasbimgln Inlmalional Insurance Cornpiny & Assistad %retary of North Amerlcan Speciality Insurance Company GUIDE FOR COMPLETING c 1- THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. - Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or I' Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit 'I unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. & e= t# Revised 9/11/00 Contract No. FAC02-15 Page 15 of 58 Pages I Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner OperatorlLessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. _- Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. /-- e= Qs Revised 9/11/00 Contract No. FAC02-15 Page 16 of 58 Pages _- $ $ $ $ $ $ $ $ $ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER CONTRACT NO. FACOZ-I 5 The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Subcontractor's Location of Business Street Address City State Zip "Subcontractor's Telephone Number including Area Code: ( - *Subcontractor's California State Contractors License No. and Classification: *Subcontractor's Carlsbad Business License No.: Page of pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this dowment may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." *w rrs Revised 9/11/00 Contract No. FACOZ-15 Page 17 of 58 Pages DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER .I. . CONTRACT NO. FACO2-I 5 $ $ The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. $ $ $ $ Full Owner Operator/Lessor Name: Owner Operator/Lessor Location of Business Street Address City State Zip *Owner Operator/Lessor Telephone Number including Area Code: [ 1 - *Owner Operator/Lessor City of Carlsbad Business License No.: OWNER OPERATOWLESSOR WORK ITEMS Page of pages of this Owner Operator/Lessor form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." e- rr# Revised 9/11/00 Contract No. FAC02-15 Page 18 of 58 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER CONTRACT NO. FACO2-15 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 9/11/00 Contract No. FACO2-15 Page 19 of 58 Pages I- D- I I 1 I I D I r- 1 I I I I I I I I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER CONTRACT NO. FAC02-15 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 hidher responsibility, experience and skill. An attachment can be used. c 4- Revised 9/11/00 Contract No. FAC02-15 Page 20 of 58 Pages Phone List Carlos D. Herrera, Porter Athletic Equipment P.O. Box 11 175 Whittier, CA90603-1175 ~_.ker of contacts: 22 Company Academy of Our Lady of Peace Arrowhead Christian Academy Brea Community Center Camp Pendleton MCCS Chula Vista Elementary USD Church of St Thomas More City of Encinitas City of La Mirada Community Gymnasium City of Laguna Hills City of Vista Copley YMCA Ecke Family YMCA Grossmont U.H S.D. Lemon Grove Church Los Angeles Lakers Training Facility Rancho Santa Fe Community Center St Margaret Episcopal School St. Joseph High School St. Mary & All Angels School I urning Point School University of California - San Diego I -a Santa Recreation Center contact Trent Smail David Han Wendy Bowman Lisa Vice Rudy Valdez Romero Fr. Peter McGuire Pam Alexander Richard A. Welch Kimberly Monarch Chesca Pietila Leticia Leos Scott Glissrneyer Jim Langford Ernest Gephart Gary Vdti Ron Merino Alvaro Baniga Dennis Blass Nello DiCorpo Susan Mendoza Danny Porter Joshua Loren Car Phone Phone - Ext. 619-297-2266 909-793-0601 71 4-71 03 760 725 3757. 619-425-9600 7W599-1980 760-633-2754 562-902-2938 949-707-2683 760-7261340 619-283-2251 760-942-9622 61 9-64481 67 61 9-465-1 888 31 0-426-6080 8587592638 949-661 -01 08 562-866-1 21 4 949 448-9027 858573-1 394 31 0-841 -2505 858-534-8496 1425 1572 1402 254 61 9548-1 060 31 0 949-291 -9229 858-967-9431 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. FAC02-15 NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: I) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. e- Revised 9/11/00 Contract No. FAC02-15 Page 21 of 58Pages I ACORDu CERTIFICATE OF LIABILITY INSURANCE -INSURED Porter Athletic Equipment Co. 2500 S 25th Avenue Po Box 2500 Broadview, IL 60155 DATE (MMIDDNYYY) 1 10/13/2003 JOLICY EXPIRATION 04/01/2004 LIMITS I$ 1,000,000 EACH OCCURRENCE $ DAMAGE TO RENTED rPI 100,000 PROPERTY DAMAGE (Per accident) AUTO ONLY - EAACCIDENT $ $ t -- EACHOCCURRENCE AGGREGATE - $ 5,000,000 $ 5,000,000 s 04/01/2004 $ X I $gyS:?J:i I IoJg ~ E.L. EACH ACCIDENT $ 1,000,000 IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAlC # INSURERA: Travelers Indemnity of IL +%/ 25674 c L/< c INSURERB: Travelers Indemnity of CNAHYJ I INSURERC: Harbor Soecialtv Ins. I /-e/: INSURERD Great America INSURERE. Ct. Paul THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR - lNSf LIE ~~ TYPE OF INSURANCE GENERAL LIABILITY POLICY EFFECTIVE - 04/01/2003 P630843K4788TIL03 x COMMERCIAL GENERAL LIABILITY X Per Project Agg f X Broad Form Vendors GEN'L AGGREGATE LIMIT APPLIES PER: MED EXP (Any one person) I $ 10,000 PERSONAL & ADV INJURY I $ ~.~~~.~~~ A GENERAL AGGREGATE i ~ nnn - no0 (Ea accidenl) h pq J'E"~"; rl LOC AUTOMOBILE LIABILITY ANY AUTO 04/01/2003 P810843K479ATCT03 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) €3 BODILY INJURY (Per accident) GARAGE LIABILITY ANY AUTO OTHER THAN I $ AGG I D AUTO ONLY: 04/01/2004 04/01/2004 04/01/2004 EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE 04/01/2003 04/01/2003 04/01/2003 CUP308DO 5 78TI LO3 TUE 3579986 $: QIOl200283 $:$: A RETENTION $ NORKERS COMPENSATION AND iMPLOYERS' LIABILITY 4NY PROPRIETOWPARTNEWEXECUTIVE IFFICEWMEMBER EXCLUDED? f yes, describe under ;PEClAL PROVISIONS below 04/01/2003 WN057800-02 ITHER ": GREAT AMERICAN :':$: ST . PAUL ES I EXCLUSIONS ADDED BY ENDORS I ISIONS hrough 2005 - DE5 lrc The City of Carlsbad, its officials, employees and volunteers are named as add'l insureds hereunder as "espects liability arising out of activities performed by or on behalf of the Named Insured. Coverage inder this policy shall be primary insurance as respects the City, its officials, employees and volun- IENT I SPECIAL PRI Val id [IPTION OF OPERATIONS I LOCATIONS I VEHl r# C35880 Project: Cal avera Comnuni ty Center teers. A Waiver of Subrogation in favor of the add'l insureds applies to the Workers Comp. ~~~ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, - I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY I City of Carl sbad ACORD 25 (2001/08) OACORD CORPORATION 1988 11/06/2003 16:55 FAX 630 324 2501 TJ ADAMS COMMERCIAL GENERAL LIABILI~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULI-Y- .- BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS This eridorsemanr rno jifies insurance provided under tho fdo(lowing; C.OMMERCIAI. GENERAL LIABILITY COVERAGE PART PROVISlONS: 1. WHO 15 AN INSU9ED [SECTION 11) is amended to indude as an insured any person or arganiza- tion (caHed hereafrer 'additional insured") whom you have agreed in a written contract. executed prior to loss. to name as additional insured, .but , only with respect to liability arising out of "your worK' or your ongoing oprat?ons for that addi- tional insured perfcamred by yau or lor you, 2. With respect fo thi? insurance afforded to Addi- tional Insureds the following condirions apply; a. Limits of 1nsur;mce - The following limits of liability apply: 1. The limits which you agreed to provide: or z- The limits sliown on the dedarations, whichever is lesz. b. This insurance is excess over any valid and collectible insurmce unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. a. on any basis to any person or organizat?on for whom you have purchased' an Owners and Contractors Protective policy. b. to 'bodily injury," "property damage." "per- sonal injury," or "advertising injury" arising out of the rendering of or the lailure to render any professional services by or for you, in. eluding: 1. The pmparing, approving or failing to prepare or approve maps,~ drawings, opinions, reports, surveys, change or- ders, designs or specification:;; and 2- Supervisory, inspection or cngineering services. 3. This insurance does not apply; l .- BIDDER'S STATEMENT RE DEBARMENT NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER (To Accompany Proposal) CONTRACT NO. FAC02-I5 I) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? % no I L 1 1 1 I n E party debarred party debarred I agency agency p period of debarment period of debarment I 1 8 1 I I I, I I 2) If yes, what wadwere the name@) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. Page I of ( pages of this Re Debarment form em kg Revised 9/11/00 Contract No. FAC02-15 Page 22 of 58Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. FACO2-15 NEW GYMNASIUM EQUIPMENT AT CALAVEFW COMMUNITY CENTER Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. I) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? x no 2) Has the suspension or revocation of your contractors license ever been stayed? 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes A no 4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? no + Yes 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. I I - (If needed attach additional sheets to provide full disclosure.) Page ___ ( of Lpages of this Disclosure of Discipline form I I e= t;s Revised 9/11/00 Contract No. FAC02-15 Page 23 of 58Pages E I I I I I I I I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. FACOZ-I 5 NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Artq Athletic Equipment Company Page + of k pages of this Disclosure of Discipline form e* %# Revised 911 1/00 Contract No. FAC02-15 Page 24 of 58Pages I I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 71 06 CONTRACT NO. FAC02-I5 NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER State of ) County of 1 ) ss. bbkL&1*1?ki and says that he or she is , being first duly sworn, deposes (Name of Bidder) (Title) & 6fb?&bL the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penal executed on the day of f&rjury that the fo true and correct and that this affidavit was Subsc wnd w#re (NOTA- . LINDEMANN Notary Public, State of Illinois meon the 27 day of BAY ,2002 . 4%. %@ Revised 9/11/00 Contract No. FAC02-15 Page 25 of 58 Pages CONTRACT PUBLIC WORKS This agreement is made this I7 & day of ?b'LW& the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), ,2003, by and between and Porter Athletic Equipment Company whose principal place of business is 2500 South 25'h Avenue, Broadview IL 601 55 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract documents NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER, CONTRACT NUMBER FAC02-15. (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation 'of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. - Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working dayofeachmonth. The City will pay retention amounts within 90 days after acceptance 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any - of the Contractor's work. e ' Revised 07/29/02 Contract No. FACO2-15 Page 26 of 58 Pages information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, Revised 07/29/02 Contract No. FACO2-15 Page 27 of 58 Pages arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided e Revised 07/29/02 Contract No. FAC02-15 Page 28 of 58 Pages to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. - (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved iry accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. e Revised 07/29/02 Contract No. FAC02-15 Page 29 of 58 Pages (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. - (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agrehent is San Diego County, init init California. - I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and makeuilable at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. a Revised 07/29/02 Contract No. FACO2-15 Page 30 of 58 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. .- NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED ATTEST: * By: (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If. only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 3 ty City Attorney Revised 07/29/02 Contract No. FACO2-15 Page 31 of 58 Pages CERTIFICATE I, Diane D. Robinson, duly qualified and acting Secretary of Porter Athletic Equipment Company, a Delaware corporation, do hereby certify that the following is a true and exact copy of an excerpt from the minutes of a meeting of the Board of Directors of the corporation held April 2 1, 1982, at which a quorum was present at all times authorized to transact business on behalf of the corporation pursuant to the Article of Incorporation and the by-laws of the corporation; and that said resolution in full force and effect: RESOLVED, that the Secretary be and is hereby directed to certify from time to time the designation by the Chairman of the Board or President of the Company various company officers whose signature upon bids, contracts, bonds, affidavits and related documents requiring the signature of the corporation with respect to the ordinary course of the business, shall duly bind the corporation; and any of such representatives shall have authority to certify or attest the document and affix the corporate seal, but no one of them may both sign and certify or attest the document. In accordance with foregoing resolution, I do hereby certify that the following persons have been designated as specified below: Linda M. Janczkowski Edward A. Schroeder Chief Financial Officer Vice President Product Research, Development & Integrity IN WITNESS WHEREOF, I have set my hand and seal of the corporation on the dayof 0CfikL.V ,m&. Corporate Seal FAITHFUL PERFORMANCWARRANTY BOND Bond /IS-902 0416 WHEREAS, the City of Carisbad, State of California, has awarded to' Porter Athletic Equipment Company, 2500 South 25m Avenue, Bmadview IL 80155 (hereinafter designated as the 'Principal'), a Contract for: NEW GYMNAWM EQUIPMENT AT CALAVERA COMMUNITY CENTER, CONTRACT NUMBER FACOa-15. in the City of hrlsbad, in 6trict conformity with the contract, the drawlngs and speclflcations, 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, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW , THEREFORE, WE, Porter Athletic Equipment Company, as Principal, (hereinafter designated as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty-five Thousand Five the "Contractor'), and Washington International Insurance ComDanv Hundred Twenty-Eight Dollam ($35,528.00), said sum being an amount equal to: I One hundred percent (100%) of the estimated amaunt of the Contract, to be paid to City er its certain attorney, its succesgbrs and assigns; for which payment, well and truly to be made, we bind Otlr6elves, our heirs, executors and administrators, Buccessors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION I$ SUCH that if the above bounden Contractor, their heirs, executore, administrators, successors or assigns, shall in all things stand to and abide byy and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the 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, employees and agents, as therein stlpulated,.then this obligation shall become null and void; otherwise it shall remain in full force and effect. '8 As a part of the obllgation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fee$, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment nendered. rc Surety 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 thB work or to the specifications. a Revised 07/29/02 Cantract NO. FACO2-15 Page 34 of 58 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety fmm its obligations under thls bond. Executed by CONTRACTOR this Executed by SURElY this 1 ?th day of .\ day Qf JsL&JEC7 20-03 October s 20113,l SURm Washington Internat- PanY (name of Surety) 1350 Boyson Road, Bldg. D - Suite 2 Hiawatha, IA 52233 I (address of Surety) (telephone number of Surety) 866/627-6006 (Title and Organizatiqn of Signatory) ature of Attorney-in-fact) By: ,Joanne Costa (printed name of Atterney-in-Fact) (sign here) (print name here) (Attach corporate resolution showing current power of attorney.) (Title and O~y~anizaUon of signatory) (Proper notarial acknowledgment of executlon by CONTRACTOR and SURETY must be attached.) (Presidentor vice-president and secretary or assistant secretaty must sign for corporations. If onb one officer signs, the corporation must attach a resolution certified by the secretary or ml8Wt secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney rc LABOR AND MATERIALS BOND Bond 11s-902 0416 WHEREAS, the City of Carlsbad, State of California, has awarded to Porter Athletic Equipment Company, 2500 South 25m Avenue, Eraadview IL 601 55 (hereinafter designated as the "Principal"), a Contract for: NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER, CONTRACT NUMBER FACO2=16. 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 and all of which are incorporated herein by thls reference. WHEREAS, Principal ha3 executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, prwisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on thls hpnd will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Porter Athletic Equipment Company, a8 Prfnclpal, (hereinafter designated as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thlrty-five ThouBand Five Hundred menty-Eight Dollar6 ($35,528.00), said sum being an amount equal to: as the 'Contractof), and Washington International Insurance Company One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and 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 Contractor or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent wtth Callfornia Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required td'be deducted, withheld, and paid over to the Employment Devdopment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 et the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit Is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the pereons named in California Civil Code section 31 81 , so as to give a right of action to those persons or their assigns in any suit brought upon the bond, Surety 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 terns of the contract or to the work or to the specifications. Revised 0?/2W02 Contract No, FACOP-15 Page 32 of 58 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from Executed by CONTRACTOR this EXGCUted by SURFW this 1 3 th day under this bond. of October ,20-. 03 SURETY: Washington International Insurance Company 1350 Boyson $03, Bf&. .b - Suite 2 Hiawatha, IA 52233 - n e of rely (address of Surety) By: (title and organization of signatory) (sign here) Joanne Costa .., , (printed name of Attorney-in-Fact) (attach corporate resolution showing current power sy: - (print name here) of attorney) (title and organization of signatory) a. (Proper notarial acknowledgment of executlon by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations, If only one Officer signa, the corporation must attach a resolution certified by the secretary or assi6tant secretary under corporate seal empowering that off lcer to bind the corporation.) APPROVED AS TO FORM: City Attorney I. RONALD R. BALL ,- -&. Revised 07/2!#O2 Contract No, FACO245 Page 33 of 58 Pages ,- STATE OF ILLINOIS COUNTY OF DUPAGE On this 13th day of October, 2003 before me came Joanne Costa who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the therein described and authorized ATTORNEY-IN-FACT of Washinqton International Insurance Company that the seal affixed to said instrument is the Corporate Seal of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal this day and year first written above. ($/"I 7- Notary Public (Seal) -- 1_1 I "OFFICIAL SEAL' i 1 Kathleen OToole, Notary Public I DuPage County, Sate of Illinois 1 My Commission Expires NAS SURETY GROUP __ NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: John E. Adams. Joanne Costa. Robert D. Jacobson. Maw Ann Powell. Gerald C. Olson. ~~ R.O. Drost, James M. Drost, Robert W. Mielke, Gregory A. Field, Kathy B. Subak, Charles V. O'Leary, Sven E. Cederwall and John R. Farrell, jointly or severally Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ___ TEN MILLION (lO,OOO,OOO.OO) DOLLARS __ This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 241h of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond. undertaking or contract of surety to which it is attached." Steven P. Anderson, Execmtive Vice President of Washington Inlernationnl Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this Lday of September ,20E. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DU Page ": On this 3 day of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. September , 20E, before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Steven P. Anderson , 5Lpe-2 67-HM Yasmin A. Patel, Notary Public I, James A. Camenter , the duly elected Assistant Secretarv International Insurance Company, do hereby certify that the above and foregoing IS a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this UMay of October ,2041. of North American Specialty Insurance Company and Washington - James i\ Carpenter, Vice President &Assistant Secretary of Washington international insurance Company & Assistant Secretary ofNorlh American Specially Insursnce Company F POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ENDORSEMENT .’_ Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance Act of 2002 (“the Act”) is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is= As your insurancelsurety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassurety.com or you may call our office at 630- 227- 4825. <- REV: 2/03 agent notice Company Profile Page 1 of 2 Company Profile In WASHINGTON INTERNATIONAL INSURANCE COMPANY 1200 ARLINGTON HEIGHTS ROAD, STE.400 ITASCA, IL 60143 ’ 800-3 3 8-075 3 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 32778 NAIC Group #: 0181 Date authorized in California: Company Type: Property & Casualty State of Domicile: ARIZONA California Company ID #: 2401-8 December 02, 1980 License Status: UNLIMI~-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. MARINE SURETY Company Complaint Information http://cdinswww .insurance.ca.gov/pls/wu_co_prof/idb~co_prof_utl.get_co_prof?p_EID=6 1.. . 1 1/7/2003 Company Profile - Page 2 of 2 Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Ormnizations Last Revised - October 16,2003 01:24 PM Copyright Q California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=61 ... 11/7/2003 .- OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called 'City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for NEW GYMNASIUM EQUIPMENT AT CALAVERA COMMUNITY CENTER, CONTRACT NUMBER FACO2-15 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. - 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account Revised 07/29/02 Contract No. FAC02-15 Page 36 of 58 Pages only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a Upon seven days' written shall immediately convert right to draw upon the securities in the event of default by the Contractor. notice to the Escrow Agent from the City of the default, the Escrow Agent the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name Signature Address Title Name Signature Address Title Name Signatu re Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 07/29/02 Contract No. FACOP-15 Page 37 of 58 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Revised 07/29/02 Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. FAC02-15 Page 38 of 58 Pages SUPPLEMENTAL PROVISIONS FOR NEW GYMNASIUM *EQUIPMENT AT CALAVER COMMUNITY CENTER CONTRACT NO. FAC02-I 5 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: I -I .2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. .- Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. w' _c Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. em %# Revised 9/11/00 Contract No. FAC02-15 Page 39 of 58Pages e--- City Manager - the City Manager of the City of Carlsbad or hislher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employments taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner OperatodLessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the Public Works ManagedGeneral Services of the City of Carlsbad or hidher approved representative. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ........................................ Apartment and Apartments Bldg ........................................ Building band Buildings CMWD .................................... Carlsbad Municipal Water District CSSD ..................................... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm. .................................... Commercial DR .......................................... Dimension Ratio E ............................................. Electric gal ........................................... Gallon and Gallons Gar ......................................... Garage and Garages - G ............................................. Gas 4- tp Revised 9/11/00 Contract No. FAC02-15 Page 40 of 58Pages GNV ........................................ Ground Not Visible gpm ........................................g allons per minute IE ............................................ Invert Elevation LCWD ..................................... Leucadia County Water District MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) MTBM ................................... ..Microtunneling Boring Machine NCTD ..................................... North County Transit Distrct OHE ........................................ Overhead Electric OMWD .................................... Olivenhain Municipal Water District ROW ....................................... Right-of-way S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD ................................... San Diego Regional Standard Drawing SFM ........................................ Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable WD ...................................... .Vallecitos Water District v SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (IO) days in advance of the time and location of said hearing. The determination of the City Council shall be final. -_ 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: is listed in the latest version of U.S. Department of Treasury Circular 570,”. Delete, “who Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year 8- e= p,s Revised 9/11/00 Contract No. FAC02-15 Page 41 of 58Pages I after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. ..- 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Permits from other agencies as may be required by law. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: Revised 911 1/00 Contract No. FAC02-15 Page 42 of 58 Pages Project title and Agency contract number. Number of complete sets. Contractor's certification statement. Specification section number(s) pertaining to material submitted for review. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) Description of the contents of the submjttal. Identification of deviations from the contract documents. i When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in Linda Ja ncz kows ki Title: Cbf Fi- Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the ' original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. - 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available' to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and - e Revised 9/11/00 Contract No. FAC02-15 Page 43 of 58Pages records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. - SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental; Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. second paragraph, modify as follows: _- Work by Contractor. The following percentages shall be added to the Contractor‘s costs (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent.on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. add the following after the second sentence: 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with - em %# Revised 9/11/00 Contract No. FAC02-15 Page 44 of 58 Pages .- I this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential ctaim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. certifies that the above statements are made in full cognizance of the California Government Code sections 12650-1 2655. The undersigned further understands is potential claim, unless resolved, must be restated as a claim in response to the a1 dstimate in order for it to be further considered.” Linda Janczkowski Title: C- Company Name! \I J The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: . .- e- t# Revised 911 1/00 Contract No. FAC02-15 Page 45 of 58 Pages 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. City Manager r The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: / ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to _- em %# Revised 9/11/00 Contract No. FAC02-15 Page 46 of 58Pages defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. - - 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the .- 4% a@ Revised 9/11/00 Contract No. FAC02-15 Page 47 of 58Pages parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, sentence of the first paragraph. delete the phrase, “and a reasonable amount of retesting”, from the third add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use.. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4- p,s Revised 911 1/00 Contract No. FAC02-15 Page 48 of 58Pages 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. - SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy andlor completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation x 43 %$ Revised 9/11/00 Contract No. FAC02-15 Page 49 of 58Pages will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. - 5-6 COOPERATION. Add the following: The Agency will provide wiring from junction box located on height adjuster frame to a I1 5 Volt, 60 Hz power source and to the wall keyswitch in conformance with all local code requirements. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 30 calendar days after receipt of the “Notice to Proceed”. Add the following section: 6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. x Add the following section: 6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted; reflecting the shorter duration, in complete accordance I ern r,s Revised 9/11/00 Contract No. FAC02-15 Page 50 of 58Pages with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. - Add the following section: 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-1.2.10.1 “Accepted.” Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. - The Contractor may proceed with the project work upon issuance of the Add the following section: 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1 -8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore.and marked “Accepted” by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal - requirements of section 2-5.3 and will 1.2.9 and 6-1.3.1 through 6-1.3.7. ts Revised 9/11/00 include each item and element of sections ‘6-1.2 through 6- Contract No. FAC02-15 Page 51 of 58Pages Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. - Add the following section: 6-1.3.2 Activity Percent Complete. Contractor shall report the percentage determined by the Engineer as complete for the activity. For each activity underway at the end of the month, the Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/,”) high density diskette, labelled with the project name and number; the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6- 1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. c Add the following section: 6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. Add the following section: 6-1.4.1 “Accepted.” for the schedule in accordance with section 6-1.8.2. The Contractor may proceed with the project work, and will receive payment Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the - 4- Fis Revised 9/11/00 Contract No. FAC02-15 Page 52 of 58 Pages Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. __- Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section _- 9-3.2. Add the following section: 6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. ) 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. e= tS Revised 9/11/00 Contract No. FAC02-15 Page 53 of 58 Pages 6-6 DELAYS AND EXTENSIONS OF TIME. c 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice@) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. Modify as follows: 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 30 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such cehification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. - Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (I) year after recordation of the “Notice of Completion“ and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Two Hundred Fifty Dollars ($250.00). -_ em p,s Revised 9/11/00 Contract NO. FAC02-15 Page 54 of 58 Pages Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. - SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. - 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the 1 em p,s Revised 9/11/00 Contract No. FAC02-15 Page 55 of 58 Pages appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity” ..Add the following Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on. the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -- MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: the U.S. Standard Measures. The system of measure for this contract shall be 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer e= p,s Revised 9/11/00 Contract No. FAC02-15 Page 56 of 58 Pages shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. - Contractor’s information. Should the Contractor assert that additional payment is due, the Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. __ If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment ’ estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days afier receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. Contract No. FAC02-15 Page 57 of 58Pages *3 % Revised 9/11/00 - The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. into the will not be included in the progress estimate. The cost of materials and equipment delivered but not incorporated Add the following section: 9-3.4.1 Mobilization and Preparatory Work. be included in the various items of work and no other payment will be made. Payment for mobilization and preparatory Work will ,- em rrs Revised 9/11/00 Contract No. FAC02-15 Page 58 of 58Pages GYMNASIUM EQUIPMENT _- PART I - GENERAL This section shall include the furnishing of all equipment and labor necessary to complete the refurbish of basketball backstops and volleyball equipment shown on the drawing(s) and/or herein specified. All equipment specified shall be supplied by one manufacturer. 1.02 REFERENCES (Agency rule books are updated each year around Sept. 1st.) Equipment specified shall conform to the latest rules and regulations of the National Collegiate Athletic Association (NCAA) (6201 College Blvd., Overland Park, KS 6621 1. Telephone: (913) 339-1906). Equipment specified shall conform to the latest rules and regulations of the National Federation of State High School Association (NFSHSA) (P.O. Box 20626 - Kansas City, MO 641 95. Telephone: (81 6) 464- 5400). 1.03 SUBMITTALS Submit shop drawing to City of Carlsbad for approval. Indicate each item being furnished including materials, quantities, locations, connections and fasteners. Include dimensioned layout of equipment locations. Submit static loads and point reactions complete with calculations for each backstop in compliance with paragraph 1.05 Engineering Data. Submit copy of additional guarantee/warranty information for indicated items with shop drawing submittals. 1.04 ENGINEERING DATA c The overhead attachments of the basketball backstops have been located in keeping with static equivalent loading and point reactions furnished by the prime specified manufacture. Should a manufacture, other than the prime specified be selected, that manufacture must submit static loads and point reactions for each basketball backstop. All calculations must be submitted complete for each backstop showing hanger and hoist pulley points. General load charts or generic product laboratory test data will not be considered sufficient data for approval. 1.05 WARRANTY Provide a one-year warranty against defects in materials and workmanship. Provide additional guarantees as noted in the specifications. 1.06 QUALITY ASSURANCE While it is not the intent to limit competitive bidding, the manufacturer equipment specified is listed as a standard of quality, durability and performance. Items furnished shall be of the same manufacturer to assure similar operation, safety, routine maintenance and service. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS The gymnasium equipment specified, in order to establish a basis of design, performance and quality, is based on products manufactured by Porter Athletic Equipment Co., 2500 South 25th Ave., Broadview, Illinois 601 53 (708-338-2000). All provisions of the specifications must be complied with before fabrication Other manufacturers desiring consideration are invited to bid provided they submit to the City of Carlsbad a complete specifications, cuts, descriptions, detailed list of similar installations of the proposed materials for proper evaluation prior to ten (1 0) days before Bid Date. The City will grant approval, if acceptable, by addendum to all contractorshidders. _- and/or delivery. The approval of other manufacturers names and product numbers do not relieve the contractor from furnishing products, which comply with all of the detailed requirements of these specifications. Manufacturers products shall be standard cataloged items and shall be a consistently offered line of equipment. Manufacturers published literature must clearly show that the products being furnished are in compliance with these specifications, Otherwise, a detail listing of differences is required prior to bid. Manufacturers with at least 5 years of experience producing equipment of the type and design specified. Manufacturer must be able to furnish a reference list of recent projects with products in compliance with these specifications. NOTE: form. 2.01 ACCEPTABLE MANUFACTURERS *********** If Porter is used as the base bid, use the following. Must be coordinated with alternates on the bid *********** The base bid for gymnasium equipment shall reflect the cost of providing materials manufactured by Porter Athletic Equipment Company, 2500 South 25th Ave., Broadview, Illinois 601 53 (708-338-2000 - Southern California - Carlos Herrera Ph: 626-369-7777 Fx: 626-369-1 01 5). Refer to manufacturer's latest printed specification for details not covered herein. Equipment/Materials by other approved manufacturers may be bid as alternates as provided for on the Bid Form. 2.02 MATERIALS Side Baskets Refurbish i- Provide on the Side Baskets: a #949 Series Front Braced-Forward Fold overhead supported backstop with a fully welded vertical front frame assembly which shall consist of a main center mast of 6-5/8" O.D. heavy wall structural steel tube with diagonal side sway braces of 2-1/2"x1-1/2" structural tube. Top horizontal mast hinge spreader shall be made of a heavy 4" structural channel to form a rigid back to back triangle design. Backstop shall be supported from 3-1/2" O.D. pipe anchored to overhead framing members by means of heavy formed steel support fittings. Superstructure pipes shall be reinforced with bridging or bracing when truss centers exceed spans of 14-0". All pipe ends when exposed shall be capped. Goal shall mount directly through backboard and into a heavy structural steel weldment ("Center-Strut"). The Center-Strut shall be clamped to the vertical 6-5/8" O.D. center support to eliminate any strain on backboard. This direct mount feature shall conform to the N.C.A.A. unit design recommendation minimizing stress on the backboard. Backstop manufacturer to provide all steel support to building structure. The main frame assembly shall be suspended by adjustable hangers (with 2" of vertical adjustment) to provide for precise plumbing of frame during installation. Support hangers shall be offset 2" from center line of main center mast to properly weight lock unit in playing position. Backstop to operate with 1-7/8" O.D. front brace assembly with folding knee joint. Knee joint shall lock backboard into playing position, by means of a torsion spring within the hinge assembly. Moist cable shall disengage knee joint allowing front brace to fold easily. Provide each Side Baskets: backboard with #208 rectangular backboard 1/2" thick 72" x 42") tempered plate glass cushioned in unitized steel tubing frame with glare free aluminum perimeter. Standard white borders and target area shall be fired permanently into the glass. Provide Limited Lifetime Warranty against breakage. Backboard must have 326 Bolt-on Safety Padding installed according to manufacturers specifications, color to be selected by owner. Backstop shall be provided with heavy duty electric winch, designed to hold units at any position when single phase electric motor with automatic thermal overload protection manufactured to NEMA specifications. Winch shall include a fully enclosed gear set. Gear set shall be set in an oil bath and sealed at factory to eliminate the need for lubrication. The gear shaft shall connect directly to the drum hoist without the use of a chain. . Provide hoist cable of sufficient length and 1/4" diameter, galvanized aircraft type (minimum of 7,000 pounds, ultimate). - raising or lowering. Units shall be individually operated by 1/2 H.P. (9 AMP) capacitor type, 60 Hz, 115 VAC Provide for each #208-000 Rectangular-Glass w/Steel Frame a Torq-Flex Goal by Porter Athletic Equipment No.252-500. Goal shall incorporate a precision, case- hardened, high- tensile steel alloy torsion rod pivot rod design to allow tip of rim to flex approximately 2-1/2" (6.4cm) with a 230 pound (104kg) static load. Tamper-proof torsion rod/pivot mechanism shall be pre-loaded during manufacturing process to meet proper (NCAA, NFHS & FIBA) ball rebound/elasticity standards. Goal shall instantaneously return to the playing position when load is released. Torsion rod/pivot shall be designed to decelerate downward motion of goal on impact, to provide maximum player safety and minimize undue stresses on the backboard and support system. Goals incorporating compression springs or shock absorber type mechanisms shall not be considered as equal. Rim shall be fabricated from 5/8" (1.6cm) diameter cold drawn alloy steel, round formed to an 18" (45.7cm) inside diameter ring. Inside diameter of ring shall be positioned 6" (15cm) from face of backboard by a heavy, 1/4" (6.4mm) thick, formed steel hinged type housing. Heavy, 1/4" (6.4mm) thick formed steel goal mounting housing shall be fabricated with a keyhole type slot arrangement to facilitate mounting to backboard or direct-mount type support systems. Removable cover is provided to conceal mounting bolt hardware. Rim shall be rigidly braced by means of a 3/16" (4.7mm) thick formed and die cut steel brace welded in position on the underside of the rim for maximum support. Rim shall be provided with a unique "tube-tie" net attachment system to eliminate the conventional wire-formed type net locks for additional player safety. Goal shall be finished in a durable, official orange powder-coat finish. Durable, anti-whip type net and attachment hardware included. L. Goal to be provided with standard mounting centers for attachment to any 3'-6" x 6'-0" (1.07m x 1.83m) rectangular backboard. Goal is furnished with a limited 5-year warranty This rim shall attach directly to "Center-Strut" of backstop. Any goal relying on the backboard alone for support will not be considered equal. Provide for each Side Baskets: backstop a #10797-100 "Saf-Strap" lock. Lock shall be inertia sensitive to automatically lock a basketball backstop in position at any time in storage or during the raising or lowering cycle due to a sudden surge of speed created by a possible malfunction of the hoisting apparatus. Unit shall incorporate a fully automatic reset requiring no poles, ropes, levers or buttons. Provide at each Side Baskets: backstop a height adjustment unit for adjusting goal height to any position between 8 and 10 above the floor. Height adjustment unit must include Center-Strut direct goal attachment to eliminate strain on the backboard. All backboards mounted on this height adjustment unit must be provided with limited lifetime warranty against breakage. Height adjustment shall be provided with a height scale located on the side of the unit to visually determine height settings. Unit shall be fabricated with dual 2-3/16" square heavy wall, zinc plated heavy duty slide tubes. Tubes shall be to be welded to upper and lower clamps that attach securely to the 6-5/8" diameter backstop mast. Tubes shall support heavy formed steel center channel which shall support the backboard and be drilled for direct goal attachment. Provide height adjustment with a compact 1 15 volt, 60 Hz, electric gear motor type linear actuator providing a 600 pound thrust capacity to raise and lower the unit. Provide integral limit switches to automatically shut off when goal height reaches 8'-0" and 1 0'-0". - The City of Carlsbad will provide wiring from junction box located on height adjuster frame to a 11 5 Volt, 60 Hz power source and to the Powr-Touch43 control box in conformance with all local code requirements. Provide Wall-mounted keypad control system (Porter Powr-touch@ ) shall be designed as an alternate to conventional keyswitch type controls to operate basketball backstops, divider curtains, electric height adjusters, overhead volleyball systems batting cages, mat movers, and power control for auxiliary equipment such as lighting, scoreboards, etc. (Standard keyswitch-type operation will not be considered as an equal). Keypad control shall be capable of operating a maximum of 128 basketball backstops or other gymnasium apparatus and 32 units of auxiliary equipment. The Powr-Touch keypad is designed to require constant pressure on the pad button to control the gymnasium apparatus. Control of the auxiliary equipment is accomplished by a single touch of the appropriate button. e-- Keypad shall incorporate a four-digit programmable security code to prevent usage by unauthorized personnel. The keypad security code may be easily reprogrammed at any time as desired to prevent unauthorized usage Keypad will automatically revert back to the secure mode if any button is not used within a ten-second period. Multiple keypads may ho utilized when operation from various locations is desirable. Specify. Keypad assembly shall be flush mounted in a standard two-gang electrical box with a 12- volt control circuit to relay panels strategically located on walls or roof framing structure to minimize power conduit runs and provide substantial savings on electrical wiring requirements. m The Powr-Touch control system shall include relay panels (16 maximum), each of which is capable of operating eight momentary controlled-type (up and down) equipment and two maintained relays for operation of lighting, etc. Size of each relay panel enclosure is 4" x 12" x 15". - Wiring of all electrical components shall be in accordance with local area codes, and in accordance with manufacturer's instructions. All conduit, wiring, junction boxes, and components not specified herein shall be furnished and installed by the electrical contractor. Volleyball sleeves Provide Porter #00872-200 floor sleeve covers. Sleeve shall be cast in concrete footing. Sleeve shall be 3- 3/4" O.D. heavy-wall steel tubing extending 9" into the footing. Top of sleeve to be installed 1/2" below finished floor elevation. Cover plate shall consist of an 8" O.D. recessed collar, cork gasket and chrome- plated cover. A swivel retainer pin in the collar shall permit cover to swivel and prevent theft. Special cover removal key to be included. Existing sleeves/covers shall be removed and replaced correcting existing sleeves to the correct depth. PART 3 - EXECUTION 3.01 INSPECTION A. Examine work in place on which specified work is in any way dependent to ensure that conditions are satisfactory for installation of specified work. Report in writing to the City of Carlsbad any defects, which may influence competition of specified work. Absence of such notification will be construed as acceptance of work in place. Do not attempt installation until correct conditions are present or you have a written order to do so. 3.02 IN STALLATION A. Equipment herein before specified shall be installed by factory trained craftsmen skilled in their trade. Be responsible for accurate fit of specified work. F B. Install in accordance with manufacturer's instructions and approved shop drawings. Demonstrate operation of all units to the owner or his authorized agent. I - 1219 Up-Folding $Required Created on: 08/13/2001 Extension tubes with formed ends provide for max. fold. Backboard has steel support frame and lifetime warranty. Molded backboard padding attached with bolts. Spring operated key switch with dual keys for hoist. Flexible goal with concealed moving parts. Hoisting system protected by Saf-Strap lock. Goal must accommodate height adjustment from 8'- 10'. Height adjuster controlled with wall mounted key switch. Height adjuster must extend the lifetime warranty of the backboard IProject Name: Calaberas Location: Carlsbad Architect: ILIt%FPhst&PmPSltyaR!* I I-800-94-Porter 0 1998 Porta Athletic Equipment Company PRODUCTS: 219 Up-Folding 208-000 Rectangular-Glass wlSteel Frame 223-000 Power Flex@ Goal SELECTED OPTIONS: 326 Bolt-on Safety Padding 00706-000 112 H.P. Electric Hoist 791 Keyswitch for Elec. Hoist 10797-1 11 Saf-Strap 901-506 Height Adjuster 791 Key Switch Height Control DIMENSIONS: A: 11'-10'' Extension from Wall B: 7'-6'' c: 9'-10" D: 3' 8-114" E: 8' 1-314" F: NIA 3: NIA Chain Spacing at Wall Center of Anchor to Floor Bracket Center to Center CL Top Bracket to Pulley Porter Athletic Equipment Carlos Herrera P.O. Box 1 1 175 Whittier, CA USA 90603-1 175 Phone: 562 946-0656 Email: cherrera6Jporter-ath.com Fax: 562 946-9558 Wall-mounted keypad control system shall be designed as an alternate to conventional key~wrtch-t~po cotltrols to operate basketball baclcstops, divider curtains, electnc height adjusters, overhead volleyball systems batting cages, mat movers, and power control for auxiliary equipment such as lighting, scoreboards, etc. (Standard keyswitch-type operation will not be constdered as an equal.) Keypad control shall be capable of operating a maximum of 128 basketball backstops or other gymnasium apparatus and 32 units of auxiliary equprnent. The Powr-Touchm keypad ts designed to require constant pressure on the pad button to Control the gymnasium apparatus. Control of the auxiliary equipment is accomplished by a single touch of the aporopriate button. c Keypad shall incorporate a fourdigit programmable security code to prevent usage by unauthorized personnel. The keypad security code may be easily reprogrammed at any time as desired to prevent unauthorized usage Keypad will automatically revert back to the secure mode if any button is not used within a ten-second period. Multiple keypads may bo utilized when operation from various lacations is desirable. Specify. Keypad assembly shall be flush mounted in a standard two-gang electrical box with a 12-volt control circuit to relay panels strategically located on walls or roof framing structure to minimize power conduit runs and Dmvide substantial savings on electrical wiring requirements. The Powr-Touchm control system shati include relay panels (16 maximum), each of which is capable of operatrng eight momentary controlled-type (up and down) equipment and two maintained relays for operation of lighting, etc. Size of each relay panel enclosure is 4" x 12" x 15". Winng of all electrical components shalt be in accordance with local area codes, and in accordance with manufacturer's Instructions. All conduit, wiring, junction boxes, and components not specified herein shall be furnished and installed by the electrical contractor. IwD SFPTFMBER 1.200 1. SUBJE CT TO CURR~NTMANclFACT~Rl~G- AND PROCEDURG COPYWGY: 22n9 - FORTtR ATHL ETlC IiQUIPMENT COMPANY - AU RIGHTS RESERVED 8-2500 GYMNASIUM CONTROL CENTER POWR=TOUCHTM SYSTEM f GYMNASIUM CONTROL CENTER - I I POWR-TOU FIELD WIRING DIAGRAM KFYFUD