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Home My WebLink AboutSi-Mac Construction Co; 1985-03-23; P.R. 001i L : 4 3 q CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for CHASE FIELD RESTROOM/SNACK BAR ADDITION AND REMODEL o CONTRACT NO. PR. 001 - t <. L, b < TABLE OF CONTENTS ITEM - NOTICE INVITING BIDS ................ PROPOSAL.. .................... BIDDER'S BOND TO ACCOMPANY PROPOSAL. ........ DESIGNATION OF SUBCONTRACTORS. ........... BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ... BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE CONTRACT ...................... LABOR AND MATERIALS BOND .............. PERFORMANCE BOND . o . e < GENERAL PROVISIONS ................. I t' b. k Pag CITY OF CARLSBAD CONTRACT NO. PR. 001 PROPOSAL \ City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the lot the work, read the Notice Inbiting Bids, examined the Plans ai Specifications, and hereby proposes to furnish all labor, matt equipment, transportation, and services required to do all thc complete Contract No. PR. 001 in accordance with the Plans ant Specifications of the City of Carlsbad, and the special provi' that he/she will take in full payment therefor the following prices for each item complete, to wit: Approximate Item Article w/Unit Price or Quantity Unit No. Lump Sum Written in Words & Unit Price 1. Remodel and add to existing 1 Lump Sum structure at the Chase Field site as per plans and specs. c t- a. i \ Pag t Approximate Item Article willnit Price or Quantity Unit No. Lump Sum Written in Words & Unit Price 7 Total amount of bid in words: p o& -S&u,JkHdB OJC kJD+-p: Total amount of bid in numbers: $‘47/7f3 . OD Addendum (a) No(s) // has /@bee I - received and islare included in this proposal. i t. c, * \ Page All bids are to be computed on the basis of the given estimate1 quantities of work, as indicated in this proposal, times the u price as submitted by the bidder. In case of a discrepancy be words and figures, the words shall prevail. In case of an err the extension of a unit price, the corrected extension shall b calculated and the bids will be computed as indicated above an compared on the basis of the corrected totals. The undersigned has checked carefully all of the above figures understands that the City will not be responsible for any errc omissions on the part of the undersigned in making up this bid The undersigned agrees that in case of default in executing tt- required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City oi Carlsbad. Licensed in accordance with the Statutes of the State of Cali‘ providing for the registration of Contractors, License No. 4 Identification &z+&&~ ~#,./$Lz&& 15-1 The undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent or employee of City of Carlsbad is personally interested, directly o indirectly, in this contract, or the compensation to paid hereunder; that no representation, oral or in wr of the City Council, its officers, agents or employee induced him/her to enter into this contract, exceptin those contained in this form of contract and the pape made a part hereof by its terms; and 2. That this bid is made without connection with any peI firm or corporation making a bid for the same work, at in all respects fair and without collusion or fraud. Accompanying this proposal is A AID -dJp in an amount of not less than ten percent (10%) of the total price. (Cash, Certified Check, Bond or Cashier’s dl J& w3 1 4 k’d, A@ M I* a L r id d--& ~-dJGlw 0 &‘ 3% d& &&I\ 4 /&d- 785’7- +3 /-pw -echi i L Pag t \ The undersigned is aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers‘ compensation or to undertake self-insur accordance with the provisions of that code, and agrees to corn such provisions before commencing the performance of the work contract. The undersigned is aware of the provisions of the State of Cal Labor Code, Part 7, Chapter 1, Article 2 relative to the gener prevailing rate of wages for each craft or type of worker need execute the contract and agrees to comply with its provisions. 191 26R 464% Phone Number Bidder’s Name - ?/- miy- &J4AUAO& 7h/& vatel f3+A& - / +!Id./ s&r( /9/FG0 , fA 92/11 EPJJ rash I 1P Type of Organiza (Individual, Corp Partners hip) Bidder’’s Address List below names of President; Secretary; Treasurer; and Mana if a corporation; and names of all partners, if a partnership R\&oea SIMIS a DftE?Cc/ fi (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) \ \. t 1 Pa 9 BIDDER 'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Prir and , as Surety, are t firmly bound unto the City of Carlsbad, California, an amount follows: 10% of the bid amount not to exceed ($ 1, lawful money of the United States for tt payment of which sum well and truly to be made, we bind oursel 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: in the City of Carlsbad, is accepted by the City Council of s City, and if the above bounden Principal shall duly enter int execute a contract including required bonds and insurance pol within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, being duly notified of award, then this obligation shall become null and void; other it shall be and remain in full force and effect, and the amou specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as individual, it is agreed that the death of any such Principal not exonerate the Surety from its obligations under this bond IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 9 19 . Corporate Seal (If Corporation) Principal BY Title (Notarial acknowledgement execution by all PRINCIPI (Attach acknowledgement of SURETY must be attached.) Attorney in Fact) \ I. b 5 Pa 9 DESIGNATION OF SUBCONTRACTORS The undersigned certifies hefshe has used the subbids of the following listed Contractors in making up his/her bid and thal subcontractors listed will be used for the work for which the) subject to the approval of the City Engineer, and in accordanc with applicable provisions of the specifications. No changes be made in these subcontractors except upon the prior approval the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional p- can be attached, if required: Full Complete Items of Company Address Pho Work Name w/Zip Code w/Are RM LM od4 t?tMddPt, 1 .m 024 - , - - - - - - - - - _.__ - 'I .. 5 Pag DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide the following information on the subb of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Type of State Carlsbad P Full Company Name License & No. License No.* - Contracting Business Bic ( & - - - - - - - - - - - "Licenses are renewable annually. If no valid license indict Valid license must be obtained prior to submission of signec <,-mnd- &A/ (Notarize or Corporate Seal) A3p7 !/&Pd5 54, %4 5 g,JAe-o c/E*2,< Bidder's Cornpll IC /*Lf Authorized Sig TOTAL CURRENT ASSETS I H EQUIPMENT (BOOK VALUE) *I* CCASCO CXPLIIN SCPAIATLLI 0 FURNITURE 6 FIXTURES H REAL ESTATE - BUSINESS 11 REAL ESTATE - ornEu NOTES RECEIVABLE - DUI ~rr~m 1 *CA. I F 1 I I -_ .- -_ -.-. . ..-..- - -_____- I 0T"CI *ISCIS ID',C"I.Cl -.___ ___~ ..---.- ____ - .. - L 34,511 TOTAL CURRENT LIABILITIES I 17,4 2 hn J 13,960 YONTMLT CATMCWTS $200 Hi 2.94 245,000 j DUE ON EQUIPMENT (rrrrr 12 u0s.l I OUE ON REAL ESTATE YO~T~CT PAVMC*TI s 8 q-no OTwcR LOWS TCRY CIASILITICS I ______.____ ___. I I CAPITAL STOCK (PAID IMI OR MET WORTH __ 21391 SURPLUS AN0 UNOlVlOEO PROFITS - __-- .~______ ___. - . .- - . - __ SURPLUS - PAID IN OR APPRAISAL - -__ .- .__~ - - __ . __ ?-----I- .- WAUC OC mat..% , -- . _-__ ___-- __ __ - ,__ Mitsubishi ___ - Bank of Calif ._-___. *A ** I B Cash in BAL NO NAME Of SECURITY SnCImL’, Stocks. Bonds, Etr. - LOCAIIOM Awl Or OCCOSIT IN W - - -___ __ ~ -. - Esco&ido,_-CA - _. -9,23Lk - SL-rnA - -_ PAU YARNLT IN WHOSE NAME IT KC AN0 r0 VALUL VALUL REClSTfREO 7 C kcorrts Receivable From Completed CortJacts Earned D ‘2 Estiuter. Rabbgr, I&# Hd Yttrfiab (Not Billed) ea Uncompleted corm Mei Accornts RUCUirrbk E Notar Receivable F G Materials &MOUNT WHEN DUE FIVY WHOM DUE NAME S ADDRESS NCITURC OF CGNTRICT 2,300 Fe’c. 8 TJ.C.S.D. LaJclla, CP clean room cons Feb. 28 San Diego Housing Commission 9 units housing 3,027 ’ - 5,527 TGTAL CON1 CR I CURRENT EARNED ~CV.,MAGC CA~UCO CAeOI b YATCIIALS OESIGNATION OF CONTRACT AN0 NAME AN0 ADDRESS FROM WHOM OUE ESTIMATES ayo w,lMULLO MOT TCT miucDI 13 I 125 San Diego Housing Commission $734 5 I 575 San Diego Housing Commission $257 1,050 U.C.S.D. LaJolla, CA $44. 19 9 750 - FOR WHAT DUE IS IT GOOD ’ NAME AND ADDRESS FR AMOUNT WHEN DUE AYOUNT WHLN DUE FOa WHAT OUL now CCCURED NAMC AND ADDRESS cn - OCSCRI?TION COST micc 'I 0, CIS< 4 LT*OI e"." .~~, OC~CIIT~IOW AUO CAPACITY *sa N-C*A*S t*~. Cr.nSa~ 0,- * 1 Cheyy 3/4 ton truck 8 7,000 __--- 1 2,700 1,000 ti+. , ' Equipment 1 Computer System Tools 1,780 Port. Offices, Boat 10 , 880 Office Furn. & Misc. 3 I 500 .- y"yu,*, E rrc u Y a I A uc L - 2,500 1,700 875 7,4430 1,485 .. 2. .00& VALUC LOCATION ANO OEKRIPTIO~ oc' momniv I8 TITLE on COB? IN WUOSC NAME 9672 Galatea Ln. Esc. I CA Machin Ent. 160,000 1019 E. Washington Ave Esc Andrew Machin 85,000 1 Red €$tat8 +.JRmEC AMOUNT TO WHOM PAYAmLE. NAME AN0 LOORE65 J I 10,000 Mitsubishi Bank of Calif., Escondido Cash-flow Notes hpbk . CVIRC'.II CARNCO I1LTI8DSACC CA(.LI#.O OESICNATION OF CONTRACT AN0 NAME AN0 c.ri-Arca *no -orumcco AOO~ES~ TO WHOM Out Euatd Estimates and - Retrinaga Ore Sub-Cortnctus Iaciudiag ccrt of lab# #1 Mttariats Mot Yrt lib4 K ron *MAT* AMOVNT NAUC AN0 AOORC8S TO WHOM PAYA=LE L Accounts Including Cart of Labor rd ' Materials Not Yet Bilk( PlPbk, 1 CICBIOW AUT*OIIICO CAPITAL -----.- Anounr 01 nOITGAGL 0 60 l ooo 6hC U RI TY none ACIOUN? ow CONrnAC? CUKIAU OATC snancs AC own= CORPORATIONS ANSWE R HERE rAn V*LUC WClI mulocIcI CUlTIL CAI0 In CAB- soerr CICITAL CAI0 IU DouiruxuT cpc IOTAL CA(O rncAsummn uc CAPITAL A< OIIC OI 01CAIII~?*ON HAMC AN0 AODRLCE OF CAITNCIS Richard ~imis-9672 Galatea Ln., Esc. 2 . ._ - Fl ca.,-.c 0 L."1110 Andrew Machin- 10 19 E. Washington Ave . , Esc I PARTNERSHIPS ANSWER HERE ~-_~ S€PAlATS SlAlEMENrS WALL U flLLf0 OCIT4WO IlGMfO 6Y SAW YfYU(I Of TWf llRM SMOYIWO MIS IMOIVIDUAt ' 4IIfTI AND LIASlllTlEl fXC1UlIVf Of MU PAllWftWnY INlIefSI --.- -___ ._._ ___ _--._ - 2 -.. ~, re. vou vrfr~,o I- .m. oiran &IC(* 01 ausi-s.8. I,~-.AUT k. *. --.. .U-*.. c0~r.m. .ran *.IO A LO.. 01 .ou .. ... Iuol~~ou~~ on. e. L ,bn'- ow rmv 01 ,*e ,411 ucroa~a 01 6, I compO...,om om LI- 01 *r* *, no 0VVKC"S L(WC -&IC 0. 8Ung.v C0rV.U. rrO O.TraLS % no mANK . NAME b ADDRCSS . WM€RE CREOIT LIMES ESTAmLISWED Mitsubishi Bank of California rnc vou A? vmas TIYC I DQ vou WAvC voun -1s cLniom. ICALLV AUOIICO mr c c A OR OTWCR LICCNSCD ACCOUMIANTV G OI8COUmIIUC .ILL8 a tivi*c (u 30 10 w 0.78 n 1a.1NC OIL11 80 DAV8 0 YES El NO " ' vCS' a'vc oATc Or '*" Auo" AND MANC OC aCCOUIITANT -- .- AnC rOU CAVING AWV 01CL8 0- NOTCS' 4 -0 - INSURANCE Q ------j .cS .- . . . .. no no -A** ~OU 1v.n O*~AU~I<O 0- co-~--Cr* _- II VOU ".*I .uIM,srllO .0U08 -1VO-g C4WC *L"t8 0. VOUn 8"- SCCU~ITV BAN* ni AMOUNT _---- s 50,000 Simis residence s - s NA~C .cmncsa or auosto*aav coMcA*ms .uo v. or courno none 0gSCRa.C AI.( CONTtNCCN? C*A-*C*T*CS' CARRIED - -- - rlOCLITI SONOS b C'rtLOTCCS ON ovraccns L4VC - wine wonsue- s COUP. AND CIADICIII 0l"CR AIOUNT/LIYIIS l8SUIMC CO-PAKT _--- - TO WNOI PAVAmCC 788UIMG COICANV ----. OM WMOI CARIICO -zI.I------L- I..UlKC cou'rr ISSUImG COIPAUV z--- -- OM WUaT CAR*ICD IS8U4UG COUP1 CWAOACTCR I \ Pa< BIDDER'S STATEMENT OF FINANCIAL RESPONSI6ILITY The undersigned submits herewith a notarized or sealed statem hisfher financial responsibility. Signature (Notarize or Corporate Seal) - )/8! I-Sb.lDmr. tC3*5,& Cdh I I4-0Jd -&P .. Pag CONTRACT - PUBLIC WORK This agreement is made this day of -9 19 csT by and between the City of2$i$sbad, Calif?r%$ a municipal corporation (hereinafter called Vity") and sI-R5Ac CONSTRUCTION COPPANY a co-partnership whose principal place of business is 8388 Vickers Street, #loa, sari Di California, 92111 (hereinafter called llContractorll.) City and Contractor agree as follows: I. Description of Work. Contractor shall perform all w specified in the contract documents for: Remodeling, additions, and improvements for Chase Field Bathrooms/Snack Bar (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall all labor, materials, tools, equipment and personnel perform the work specified by the contract documents 3. Contract Documents. The contract documents consist contract; the bid documents, including the notice tc instructions to bidders and contractors proposal ; tt and specifications and all proper amendments and chi thereto in accordance with this contract or the plar specifications; and the bonds for the project; all ( are incorporated herein by this reference . 4. Payment. As full compensation for Contractors perf( of work under this contract, City shall make paymenl Contractor as follows: In the amount of $47r17*-00 of which ninety pe (90%) will be paid in two (2) monthly payments base percent of completion. Ten percent (10%) will be p later than 35 days from the date of the filing of t of Completion. -. i' .* 7 Pag Payment of undisputed contract amounts shall be conti upon Contractor furnishing City with a release of all against City arising by virtue of this contract as it relates to those amounts. Extra compensation equal to 50 percent of the net sa! may be paid to Contractor for cost reduction changes plans or specifications made pursuant to a proposal 1 Contractor. The net savings shall be determined by ( No payment shall be made unless the change is appr0v.t the City. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditio might affect the progress of the work, and is aware those conditions. The contract price includes payme all work that may be done by Contractor in order to unanticipted underground conditions . Any informatio may have been furnished to Contractor by City about underground conditions or other job conditions is fo Contractor's convenience only, and City does not war that the conditons are as thus indicated. Contract0 satisfied will all job conditions, including undergr conditions and has not relied on information furnish City. 6. Contractor Responsible for Unforeseen Conditions. C shall be responsible for all loss or damage arising the nature of the work or from the action of the ele from any unforeseen difficulties which may arise or encountered in the prosecution of the work until it5 acceptance by the City. Contractor shall also be responsible for expenses incured in the suspension q discontinuance of the work. However, contractor sh, be responsible for reasonable delays in the complet the work caused by acts of God, stormy weather, ext~ or matters which the specifications expressly stipu be borne by City. 7. Change Orders. City may, without affecting the val this contract, order changes, modifications, deletil extra work by issuance of written change orders. C shall make no change in the work without the issuan written change order, and Contractor shall not be e compensation for any extra work performed unless th issued a written change order designating in advanc amount of additional compensation to be paid for th If a change order deletes any work the contract pri be reduced by a fair and reasonable amount. If the are unable to agree on the amount of reduction the nevertheless proceed and the amount shall be deterrr arbitration or litigation. The only person authori ,' \r 1 Pas order changes or extra work is the City Engineer. Hc no change or extra work order in excess of $5,000.00 effective unless approved by the City Council. 8. Prevailing Wage. Pursuant to the Labor Code of the ! California, the City Council has ascertained the gent vailing rates of per diem wages for each craft or tyi worker needed to execute the contract and a schedule ing such information is in the City Clerk's office ai corporated by reference herein. Pursuant to Labor Cc Section 1775 contractor shall pay prevailing wages. Contractor shall post copies of all applicable preva wages on the job site. 9. Indemnity. Contractor shall indemnify, hold harmles defend City and its officers and employees, and each from any and all liability or loss resulting from an' claim or other action brought against City, or for a losses of whatever nature, directly or indirectly ar from the acts of Contractor or its officers, employe agents done in the construction of this project or i performance of this contract regardless of responsib negligence. The expenses of defense include all cos expenses, including attorneys fees, of litigation, arbitration or other dispute resolution method. Not this paragraph shall require contractor to indemnify losses caused by the active negligence of City. IO. Insurance. Contractor shall maintain insurance cove liability stated in paragraph 9 in an amount accepta the City Council and shall cause the City to be name additional insured on any policy of liability or pro damage insurance concerning the subject matter or pe of this contract taken out by Contractor. 11. Workers Compensation. Contractor shall comply with requirements of Section 3700 of the California Labor Contractor shall also assume the defense and indemni save harmless the City and its officers and employee all claims, loss, damage, injury and liability of e\ nature and description brought by any person employe by Contractor to perform any work under this contact regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the certification of the policies mentioned in Paragrapt 11 or proof of workers' compensation self insurance the start of any work pursuant to this contract. 13. Arbitration. Any controversy or claim in any amounl $100,000 arising out of or relating to this contraci breach thereof may, at the option of City, be settlc arbitration in accordance with the construction indi rules of the American Arbitration Associa i n and JI upon the award rendered by the arbitratorIs7 may be March 20, 1985 Norma T. Beversluis On State of California .. 1 SS. Quntyof San Diego the undersigned Notary Public, personally appeared Richard Simis and Andrew Machin D personally known to me 0 proved to me on the basis of satisfactory evidence to be the penon(s) who executed the within instrument on behal partnership, and acknowledged to me that the partnership execut WITNESS my hand and official seal. -. 72%?mJGPJd Notiry’s Signature 1Y321 (1183) Partnership - Ca . b Pag in any California court having jurisdiction thereof. award of the arbitrator(s) shall be supported by law substantial evidence as provided by the California Cc Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain ar available to the City, upon request, records in accoI with Sections 1776 and 1812 of Part 7, Chapter 1, Art of the California Labor Code. If' the Contractor does maintain the records at Contractor's principal place business as specified above, Contractor shall so infc City by certified letter accompanying the return of ' contract. Contractor shall notify the City by certi mail of any change of address of such records. 15. Labor Code Provisions: The provisions of Part 7, Ch commencing with section 1720 of the Califorrtia Labor are incorporated herein by reference. 16. Security. Pursuant to the requirements of law (Cote Code Section 4590) appropriate securities may be sub for any monies withheld by City to secure performanc this contract or any obligation established by this contract. 17. Additional Provisions. Any additional provisions of agreement are set forth in the "General Provisions" "Special Provisons" attached hereto and made a part c && Contract or (5 (Notarial acknowledgement of 8 execution by ALL PRINCIPALS must be attached.) AP ~OVED AS TO FO : CITY OF CARLSBAD, CALIFORN Assistarit' ~~;~-~~~~ City Attorney 4 J. C?.dL" ;. * \L/ , k d' 'Z+ Mayor , ~ , a. Pag ATTEST: Contractors Certification of Awareness of Workers Compensation Responsibility . "I am aware of the provisions of Section 3700 of the Labor COC require every employer to be insured against liability for WOI compensation or to undertake self-insurance in accordance witf provisions of that code, and I will comply with such provisiof commencing the performance of the work of this contract .I1 - I> L -\ , - Pag 4 PERF ORHANCE BONO BOND Na. ooiii- KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 791>, adopted _L p'ebruary 49, has awarded to ST - MAC CONSTRUCTTON COMPANY - SUn DL~~u, CULL~O&U hereinafter designated as the "Principal", a contract for: CUM€ TTELD RESTROOMISNACK BAR A'DDTTTQN AND RZMODZL in the City of Carlsbad, in strict conformity with the drawin! specifications and other contract documents now on file in thc Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute sq contract and the terms thereof require the furnishing of a bo1 the faithful performance of said contract; NOW, THEREFORE, WE, ST - MAC CONSTRUCTTON COMPANY ,. Principal-, hereinafter designated as the "Contractor", and CAP' - BORD AND TNSU'RANCE COMPANY - 41b4 O~M~Q SA. Wvmh "dQ.- Cu. 92507 Surety, are held and firmly bound unt'o the City of Carlsbad, the sum offORTY SEVEN THOUSAND ONE HUNDRED SEVENTY EIGHT AND NU/700 Dol ($47. /78.00"*""" ), said sum being equal to 100 per cent (1 of the estimated amount of the contract, to be paid to the sa City or its certain attorney, its successors and assigns; for payment, well and truly to be made, we bind ourselves, our he executors and administrators, successors or assigns, jointly severally, firmly by these presents. THE CONDITION OF THIS OBLICATION IS SUCH that if the above bo Contractor, his/her or its heirs, executors, administrators , successors or assigns, shall in all things stand to and abfdt and well and truly keep and perform the covenants, condition: agreements in the said contract and any alteration thereof mi therein provided on hisjher or their part, to be kept and pel at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shal indemnify and save harmless the City of Carlsbad, its office agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall remain in full force and v March 20, 1985 State of California On County of ’an Diego Norma T. Beversluis 1 SS. the undersigned Notary Public, personally appeared Richard Simis and Andrew Machin a personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behall partnership, and acknowledged to me that the partnership executc WITNESS my hand and official seal. b&AM4L Ndary’s St gnature 1Y321 (1/83) Partnership - Ca CALIFORNIA SAN DIEGO State of County of day of ,19-, g5 before me to me known, who, being by me duly sworn, did del McvLch } ss. On this 2 Okh CI C z R.W.KASSEL m CAPITAL BOND AND INSURANCE COMPANY he is an attorney-in-fact of the corporation described in and which executed the within instrument; that he knows the corporate seal of! that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument an( seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this $3 5 2 rn 6 X ‘ C 7 Standing Resolutions thereof. F-7 i ,J A&d&&&kG /’ /’ /‘ - &/&-&< *?.r / 9-05-86 My commission expires \ (Notary Public) ’ CB407 (Q/81) st ' . '> ,+ - Pag And said Surety, for value received, hereby stlpulates and agr that no change, extension of time, alteration or addition to t terms of the contract or to the work to be performed thereunde the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of a change, extension of time, alterations or addition to the term the contract or to the work or to the specifications. In the event that any Contractor above named executed this bon an individual, it is agreed that the death of any such Contrac shall not exonerate the Surety from its Obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by 19 65 . 1 8 Contractor and Surety above named on the 202h day of hhf~ch - ST - MAC CONSTRUCTION COMPANY # - 1 (Notarize or Corporate Seal for Each Signer) - 4 Surety b s 4 6 I b QC 0 0 *‘. CAPITAL BOND AND INSURANCE COMPA GENERAL POWER OF ATTORNEY HOME OFFICE - RIVERSIDE KNOW ALL MEN BY WESE PRESENTS, that CAPITAL BOND AND INSURAN( a Corporation duly organized and existing under the laws of the State of California, anc its principal office in the City of Riverside, California, pursuant to the By-Laws whit adopted by the Directors of the said Company and are now in effect, which state t “The Company President shall have power and authority to appoint Attorne Fact, and authorize them to execute on behalf of the Company, bonds and underta contracts of indemnity, and other writings obligatory in the nature thereof, and h at any time in his judgment remove any such appointees and revoke the authority to them.” Has made, constituted and appointed and by these presents does make, c( ****R. W. KASSE and appoint, subject to provisions and limitations herein set forth of 10405 Sun Uiego M.inaio~ Rd., #203, Sa 9 its true and lawful agent apd attorney-in-fact to make, execute, seal and deliver a and as its act and deed, bonds and undertakings, contracts of indemnity, and other obligatory in the nature thereof. The authority of such Attorney-in-Fact is not to ex ANY ONE RISK ******ONE ffUNUERII TffOUSANU AND N0/100****** -- Dollars $~~~,~OO.~~*y And the execution of such bonds or undertakings in pursuance of these presents, as binding upon said Company as fully and amply, to all intents and purposes, as if been duly executed and acknowledged by the regularly elected officers of the Cor their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this 2 Okh day of Akvdz CAPITAL BOND AND / BY /m STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ON this u day of MatLch A D 19 85, before the subscriber, a Notary P State of- California, in and for the County of Riverside, duly commissioned and qualified, came Tony b President of CAPITAL BOND AND INSURANCE CO , to me personally known to be the individual described In. and who executed the precedina instrument, and he acknowledges the execution Of tt‘ being by me duly sworn, deposed & said that he is the officer of said Company, and that the seal a preceding instrument is the Corporate Seal of said Compzqy, & said Corporate seal & his Signatu were duly affixed & subscribed to the said instrument by the authority & direction of said Corporati0 By-Laws of said Company, referred to in the preceding instrument are now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal a Riverside, the day and year first above written ............................ OFFICIAL SEI GEORGE E. SPf NOTARY PUBUC-CAl mvulww coull My Qxnmsson Expwes Octnbm 11 * NOTARY BOND FIL &m+**Uw.******4 * * * 3 ii ,. t' t \' . Pag GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the lates edition of the Standard Specifications for Public Works Construction hereinafter designated SSPWC, as issued by tt Southern Chapters of the American Public Works Associatior City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of three (3) sheet(s). Thc standard drawings utilized for this project-are the San D Area Regional Standard Drawings, hereinafter designated S as issued by the San Diego County Department of Transport together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are encl with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor equipment and materials and performing all operations nec to complete the project work as shown on the project plan as specified in the specifications. 3. DEFINITIONS AND INTENT A. Parks and Recreation Director: The word "Parks and Recreation Director" shall mean ' Parks and Recreation Director or his approved o representative. 5. Reference to Drawings: Where words l1 shown" , l1 i rnd ica t ed '), "det a il ed" , )I not ed ' "scheduled" or words of similar import are used, it be understood that reference is made to the plans accompanying these prov Isions unless stated otherwis C. Directions: Where words "directed", "designated", "selected" or of similar import are used, it shall be understood t direction, designation or selection of the Parks and Recreation Director is intended unless stated otherr The word "required" and words of similar import shal understood to mean l'as required to properly complete Rork a req ired and as a ro e e Parks and ecreation tfirector unlegg sIafe8Y ot tk erwise. >. I* c . \' 2 4 Pa! 0) Equals and Approvals: Where the words "equal", "approved equal", "equivaleni such words of similar import are used, it shall be understood such words art? followed by the expression the opinion of the Parks and Recreation Director" unl otherwise stated. Where the words "approved", "appro "acceptance", or words off similar import are used, it be understood that the approval, acceptance, or simil import of the Parks and Recreation Director is intend E) Perform and Provide: The word "perform" shall be understood to mean that t Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials are indicated, specified, or required to mean that tt Contractor, at her/his expense, shall furnish and ins the work, complete in place and ready to use, includl furnishing of necessary labor, materials, tools equir and transportation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be unde that the manufacturers or producers of materials so requ either have such specifications available for reference fully familiar with their requirements as pertaining to product or material . 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contra per Section 6-1 of the SSPWC at the time of the preconst conference . If the completion date shown on the Notice to Proceed le not met by the Contractor, he/she will be assessed the a specified in Sections 6-9 of the SSPWC for each working beyond the completion date, as liquidated damages. *. I' * F 1' 'c, L Pas Coordination with the respect.ive utility company for remo\ relocation of conflicting utilities shall be requirements commencement of work by the Contractor. The Contractor shall begin work after being duly notified issuance of a ItNotice to Proceed" and shall diligently prc the work to completion within 60 consecutive calendar day: from the date of receipt of :;aid "Notice to Proceed." 6 . NONCONFORMING WORK The Contractor shall remove and replace any work not confc the plans or specifications upon written order by the Citi Engineer. Any cost caused by reason of this nonconformin shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filin "Notice of Completion" and any faulty work or materials d during the guarantee period shall be repaired or replaced Contractor. 8. MANUFACTURER 'S INSTRUCTIONS Where installation of work is required in accordance with product manufacturer's directions, the Contractor shall o distribute the necessary copies of such instructions, inc two copies to the Parks and Recreation Director, 9 , INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction equipped with mufflers in good repair when in use on the with special attention to City Noise Control Ordinance Nc Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City ConstrL Inspector. Inspectors shall have free access to any or c of work at any time. Contractor shall furnish Inspectors such information as may be necessary to keep her/him full informed regarding progress and manner of work and charac . materials. Inspection of work shall not relieve Contract any obligation to fulfill this contract. 1' * '? " b Pa9 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by li inserted in this contract shall be deemed to be inserted and the contract shall be read and enforced as though it included herein, and if, through mistake or otherwise, a provision is not Inserted, or is not correctly inserted, upon application of either party the contract shall fort physically amended to make !such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS - The Contractor, herfhis subcontractors and materials sup shall provide and install the work as indicated, specifi implied by the contract documents. Any items of work no indicated or specified, but which are essential to the c of the work, shall be provided at the Contractor's expen fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be th interpreter of the intent of the contract documents and City's decision relative to said intent will be final an binding. Failure of the Contractor to apprise herlhis subcontractors and materials suppliers of this condition contract will not relieve herlhim of the responsibility compliance . 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformit] drawings and specifications and based upon the items inc specified. The Contractor may offer a substitution for material, apparatus, equipment or process indicated or : by patent or proprietary names or by names of manufactui she/he considers equal in every respect to those indica' specified. The offer made in writing, shall include pr State Fire Marshal's approval (if required), all necess information, specifications and data. If required, the Contractor, at herthis own expense, shall have the prop substitute, material, apparatus, equipment or process t to its quality and strength, its physical, chemical or characteristics, and its durability, finish, or efficie testing laboratory as selected by the City. If the sub offered is not deemed to be: equal to that so indicated specified, then the Contractor shall furnish, ,' y L' -t 4 Pag 1 erect, or' install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of constructio possible, but in no case less than ten (10) days prior to actual installation . 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a comple "as-built'' record set of transparent sepias, which shall corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground pipi valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and : be used only as a record set and shall be delivered to tt Parks and Recreation Director on completion of the work. 15. PERMITS The general construction, electrical and plumbing permit: be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees . 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price ite are for comparing bids and may vary from the actual fina quantities. Some quantities may be increased and others be decreased or entirely eliminated. No claim shall be against the City for damage occasioned thereby or for lo anticipated profits, the Contractor being entitled only compensation for the actual work done at the unit prices The City reserves and shall have the right, when confron with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of n be performed under a scheduled unit price item or to ent omit the performance thereof, and upon the decision of t City to do so, the Parks and Recreation Director will di the Contractor to proceed with the said work as so modif If an increase in the quantity of work so ordered shoul( result in a delay to the work, the Contractor will be g: equivalent extension of time. , * " c \* 't Fag 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for t safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal saf laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the H is being performed. He/she shall erect and properly main at all times, as required by the conditions and progress the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning ag hazards created by such features of construction as protr nails, hoists, well holes and falling materials. 18. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances and regulations are to ed. in effect as to date of proposals. Abbreviations are us( agencies issuing standard specifications as follows: Agency Abbreviation American Society for Testing , Materials ASTM U.S. Government Fed. Spec. National Board of Fire American Institute of Steel American Standards Associat lion ASA Underwriters Laboratories, Inc. UL Department of Commerce Standards cs American Concrete Institute AC I Underwriters NBFU Construction AI SC - e ,. *v u ’, c 4 Pag CERTIFICATION OF COMPLIANCE L I hereby certify thatm in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including current amendments . Legal mame 4. e Date I’ / Signature (Seal) (NOTARIZE OR CORPORATE SEAL) Title (Notarial acknowledgement of execution by all principals must attached. ) March 20, 1985 On State of California Countyof Sari Diego Norma T. Beversluis 1 SS the undersigned Notary Public, personally appeared Richard Simis m personally known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf partnership, and acknowledged to me that the partnership execute WITNESS my hand and official seal. hw&&ZLJA#kL Notary‘s Signature 1Y321 (1/83) Partnershap - Cs e 0 I 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City CIerk QCitp of Carls’bab May 30, 1986 Si-Mac Construction 1421 Industrial Ave. Escondido, CA 92026 Re: Bond Release for Restroom/concession Stand Renovation Per instructions from our Parks a.nd Recreation Department, we are releasing the Labor & Materials Bond for the above project. Labor & Materials Bond No. 001117. Enclosed is Capital Bond Insurance Company /I&$% fi’ 5y+- ND Deputy City Clerk Enc . WRITE IT-DW’T SAY IT INTER-DEPARTMENT MEMORANDUN AM TO Karen Kundtz DATE 5/16 19 86 P M Re: Contract for Chase Field Restroom/ Snack Bar SI-MAC CONSTRUCTION CO. You may release the labor and materials bond for the above contract. REPLY ON THE SHEET WlLMER SERVIC~ kNE STANDARD INTER DEPT. MEMO FORM 11 -2 r 0 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City Clerk aitp of a:arI$bab December 26, 1985 Si-Mac Construction 1421 Industrial Ave. Escondido, CA 92026 Re: Bond Release for Restroom/Concession Stand Renovation The Notice of Completion for the above contract has recorded. Therefore, we are releasing 75% of the Performance Bond for the project. Please consider this letter as your notification that $35,383.50 of Capital Bond and Insurance Company Performance Bond No. 001117 is hereby released. We are required to retain the remaining 25% for a period of one year. At that time, if no claims have been filed, it will be released. The Labor 6 Materials Bond, in the amount of $47,178.00 will be released six months from the date of recordation of the Notice of Completion, on May 8, 1986. 5iiYKZZ* Deputy City Clerk 85-4: - ." -- +" m m Kecording Requested By and Retu 1200 Elm Avenue Carlsbad, CA 92008 * " 513 I\... ? ,e7 "- ,- .r c > ;y.c p VEl City Clerk aTo: I *,4 b - NQTPCE OF CBHPhh-TION ,,GJ !%+ PURCHASING 1- EOUM To ALL Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on Oct. 3, 1985 the project consistinc of Restroom/Concession Stand Renovation on which SI-MAC Construction was the Contractor, and Capital Bond and Insurance Company was the surety, was completed. - CITY OF CARSBAD 4pzaK&/ Purc asing Officer WEsWIFPCATIOB4 OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on neW.5/9= accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on xd h /9f.g at Carlsbad, California. I CITY OF CARSBAD A. - I y i' . , s.' m e #?" a" ./I/ . , . _,' , .( ,' .. 0 0 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City Clerk citp of Carls’bab November 6, 1985 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Notice of Completion - Purchasing Restroom/Concession Stand Renovation SI-MAC Construction Our staff has determined that the recordation of this document is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. Z%.ZD+ Deputy City Clerk Enc . e Recording Requested By and Ret. To: City Clerk 1200 Elm Avenue carlsbad, CA 92008 NOTICE OF COHPLETION PURCHASING To ALL Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on Oct. 3, 1985 the project consisti - of Restroom/Concession Stand Renovation 0 which SI-MAC Construction was the Contractor, and Capital Bond and Insurance Company was the surety was completed. CITY OF CAFLSBAD *Z4K& Purc asing Officer VERIFICATIOM OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said Cit on xed. 5 #&r accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct Executed on nA lo 19p.q at Carlsbad, California. I CITY OF CAKSBAD A. - I Kind of Coverage Workers Compensation* * ** Unless otherv.ise indicated, this policy affords full coverage under Compensation laws of all sta'es (except states where coverage can be provi State Funds ond Conoda) and os designoted in the policy and endorsements fc Liability %* Expiration Date Policy Number kl4/26/86 I 2026 00 054446 Comprehensive General Liability Special Multi Peril or Trademark (Section II only) Products Completed Operations Contractual - All Written Contracts 2 Included Excluded &I included c Not Covered Owners', Landlords' and Tenonts' Liability Contractual Liability Designated Controcts __ Only Automobile Liability All Owned Autos 0 Specified Autos Only 0 Hired ond Nonowned Autos Umbrella Liability Special Provisions/Locotions/Specified Autos: Limits of Liability Bodily Injury Property Doi $ Each Occurrence $ $ Aggregate $ Single Limit $ 5O0,OOO Eoch Occurrent $ 500,000 Aggrega+ $ Each Occurrence $ $ $ Each Occurrence $ $ Single Limit $ Eoch Occurrenc $ Aggregat $ Per Person $ Per Accident I $ Single L mit $ Per Accident $ Each Occurrence $ Agpregate Products Comple $ Retention e CERTIFICATE OF INSURANCE 8 ausau Insurance Companies @ This is to certify that the insurance policies (described below by a polhcy number) written on forms in use by the company h s certificate is not a policy or a binder of insurance and does not in uny way alter, amend or extend the coverage afford1 Q ferred to herein. Name and address of Insured Producer No : 1975 1 Si-Mac Construction 1421 Insustrial Avenue Escondido, Ca. 92026 Date Issued 4/30/85 Region. San, La r Place. San Diego I_ _I Special Provirions/Locations/Specified Autos: Job: City of Carlsbad is an additional insured but only with respect to liability arising out of the above job described. canceled during its term by the company, the company will mail notice thirty before the effective date of such cancelation to the party named below. Anywhere in the United States of America, its territories or possessions or C Chase Field Restroom- Snack Bar Addition and Remodel job. If any policy described ab Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the ed by the policy (policies) described above is sublect to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof *The entry of o number in this column means that the coverage is afforded by the company designated by the same number *Issued by 2 EMPLOYERS INSURANCE OF WAUSAU A Mutual Compan) Issued TO. 0 3 WAUSAU UNDERWRITERS INSURANCE COMPANY City of Carlsbad Carlsbad, Ca. 92008 1 WAUSAU LLOY 5 WORLDWIDE UNDERWRITERS INSURANCE COMPANY 0 1200 Elm 7 ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Attn: Ruth Fletcher 0 Signe 7 84 (S) 155736 m=ncw3& os ISSUED AS A ua,mm OF BKFORLWTIOK ONLY I TS UPON ,HE @EKTBPbCWTE HOLDER. THIS CERflFICATE DOE! OR ALTER THE COVERAGE AFFORDED BY THE POLSClES BE CORROON & BLACK Escondido, CA 92025 464 S. Escondido Blvd. ~~~~~~~~~~ AFFOW Hartford Insurance Co. SI-MAC CONSTRUCTION CO. 1421 Industrial Ave. Escondido, CA 92025 ICES OF IRSUWAN\IG% LISTED EPLOW HAVE BEEN ISSUED TO THE INSURE3 MRP.'ED ABOVE FOR TKE POFBCM PER!( UBREFAmT, PERM OR COXDiTiON OF ANY CO%TWCT ow 0T&",FR COWFhENF W!TW 9ESPECT TO wIE-:icw THE CEW , THE ~NsumbdcE AFFORDED BY THE PEILICIES DESC:WsBEB FERER 1s SUUECT TO ALL SHE TEWrJS, EtfCL6818MI 58UEC KD 3289 PREhlISESIOPERATIONS PRODUCTSlCOMPLETED OPERATIONS INDEPENDENT CONTRACTORS ERSOMAL INJURY PERSONAL INJURY 58UEC KD 3289 ALL OWNED AUTOS (F$/$R&t$N) NON-OWNED AUTOS GARAGE LIABILIW WORKERS' ~Q~~E~~A~~~~ As respects the Chase Field Restroom/Snack Bar Addition and Remodel Job City of Carlsbad Carlsbad, CA 92008