HomeMy WebLinkAboutTed S Merrill & Sons Inc; 2000-05-19;I WWt-00 iYELl 539 PM CARLSBAD PUBLIC WORKS -! FAX NO. 760 720362
PUBLIC WORKS CONTRACT
SENIOR CENTER REPAIRS
Y, z
This agreement is made this 1q day of rtv 20&Q by and be- tween the City of Carlsbad, California, a municipal corporatiod, (hereinafter called “City’), and Ted S.
Merrill & Sons, Inc. whose principal place of business is 7907 North Avenue, Lemon Grove, Califor-
nia 92045 (hereinafter called “Contractor”).
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in Exhibit A to repair dam-
age to the Carlsbad Senior Center, located at 799-301 Pine Avenue, Carlsbad, California 90008,
caused by a water leak on April 8,200O (hereinafter called “project”).
2. Commencement of Work. The work under this Contract shall begin within five (5) days after
notification to proceed by the City and be completed within forty-five (45) days of that date. Exten-
sions of time may be granted if requested by the Contractor and agreed to in writing by the Director
of Public Works.
3. Duration of Contract. This contract shall extend for a period of sixty (60) days from the date
thereof. The contract may be extended by the City Manager for up to an additional ninety (90) days,
based upon a review of satisfactory performance and the City’s needs. The parties shall prepare ex-
tensions in writing indicating the effective date and length of the extended contract.
4. Contract Price and Payment. The total price for Contractor’s work under this Contract shall
bdhiii . which includes all labor, materials, tools, equipment, and personnel necessary
to perform the work’specified in Exhibit A. No other compensation will be paid for Contractor’s ser-
vices, except those items covered by supplemental agreements per Paragraph 5, “Changes in
Work.” Contractor will be paid within 30 days after the work on the project has been completed, the
completed work has been accepted by the City, and the City receives an invoice from Contractor re-
questing payment.
5. Changes in Work. Should the City request any modification, alteration or deviation in, addi-
tions to, or omissions from this Contract or the plans and specifications, the amount thereof shall be
added to or deducted from the amount of the contract by a fair and reasonable valuation based on
the actual costs of labor and materials plus the following percentage markups for overhead and prof-
its: Labor - 20%, Materials - 15%, Equipment Rental - 15%, and Other Items and Expenditures -
15%.
6. 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 em-
ployment of atl agents, employees, subcontractors, and consultants that are included in this Contract.
7. Compliance with Applicable Anti-Discrimination and Anti-Harassment Laws. Con- tractor shall comply with all applicable state and federal laws and regulations prohibiting dis- crimination and harassment.
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
MAYr-10-00 WED 520 PM CARLSBAD,PUBLIC WORKS FAX NO. 760 7209562 P. 3
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali-
fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies
of all applicable prevailing wages on the job site.
9. hIdemnifiC8tiOn. 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 connec-
tion 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 oovered 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, arbitration, or other
dispute resolution method.
10. Bonds. The Contractor shall provide a faithful performance/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 shail provide bond to secure payment of
laborers and materials suppliers in an amount equal to one hundred percent (100%) of the total
amount payable by the terms of the contract. Both bonds shall extend in full force and effect and be
retained by the City during this project until they are released according to the provisions of this sec-
tion.
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 during a one-
year warranty period and until all warranty repairs are completed to the satisfaction of the City. 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.
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: (I) an
original or certified copy of the unrevoked appointment, power of attorney, by-laws, or other instru-
ment entitling or authorizing the person who executed the bond to do so; and (2) a certified copy of
the certificate of authority of the insurer Issued by the insurance oommissioner.
11. 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.
(A) Coverages And Limits: Contractor shall maintain the types of coverages and minimum limits
indicted herein, except as waived in writing by the City’s Risk Manager:
a. Comprehensive General Liability Insurance: $l,OOO,OOO combined single limit per occur-
rence for bodily injury and properly damage. If the policy has an aggregate timlt, a separate aggre- gate in the amounts specified shall be established for the risks for which the City or its agents, otfi-
cers or employees are additional insured.
b. Business Automobile Liability Insurance: $1 $00,000 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.
MAY.-10-00 WED 5122 PM CARLSBAD,PVBLIC WORKS FAX NO. 760 7219562 p. 4
c. Workers’ Compensatlon and Employers’ Liability Insurance: Wonders’ compensation limits
as required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is accept-
able 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 In-
surance contain, or are endorsed to contain, the following provisions, except as waived in writing by
the City’s Risk Manager:
a. The City, its officials, employees and volunteers are to be covered as additional insured as re-
spects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; and premises owned, leased, hired or borrowed by the con-
tractor. The coverage shall contain no special limitations on the scope of protection afforded to the
City, its officials, employees or volunteers. Ail additional insured endorsements must be evidenced
using sebarate documents attached to the certificate of insurance; one for each company affording
general liability, and employers’ liability coverage.
b. The Contractors insurance coverage shall be primary insurance as respects the City, its offi-
cials, 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
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 liabil-
ity.
(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 re-
tention levels must be declared to and approved by the City’s Risk Manager. 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 ail rights of subrogation the insurer may have or may acquire against the City or any of its
offiiials or employees.
(F) Subcontractors. Contractor shall include ail subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcon-
tractors shall be subject to ail of the requirements stated herein.
(G) Acceptability Of Insurers. Except as waived in writing by the City’s Risk Manager, 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 Depart-
MAP-lo-00 WED 5:23 PM CARLSBAD,PVBLIC WORKS FAX NO. 760 72J9562 P. 5
-
ment of insurance of the State of California and/or under the standards specified by the City Council
in Resolution No. 91-403.
(H) Verlflcatlon Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorse-
ments for each insurance policy are to be signed by a person authorized by that insurer to bind cov-
erage 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 thls agreement shall be Included
in the Contractors bid.
12. ChhnS and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac-
cordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter t , Article t .5
(commencing with section 20104) which are incorporated by reference. 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 20104.2(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 fii-
ing 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.
(B) False Cbims. 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 Carisbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorneys 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 Munlclpal Code. The provisions of Carfsbad Municipal Code sections 392.025,
332.026, 3.32.027 and 362.028 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 subcontractor
from participating in future contract bidding.
(H) Jurlsdlctbn. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 12 above. rsm
(Initial) (Inltiat)
. MAY-lo-00 WED 5:25 PM CARLSBAD, PUBLIC WORKS FAX NOo 760 72$562 P. 6
13. Maintenance of Records. Contractor shall maintain and make available 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.
14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
15. Ineligible Subcontractors. Contractor is prohibit from petiorming work under this Contract
with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor
Code section 1777.1 or 1777.7
16. &!CUrity. 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 estab-
lished 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.
17. 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 in-
cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor-
rectly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
(Remaincfer of page intentionally left blank.)
_- MAY-IO-00 WED 5126 PM CARLSBAD,PVBLIC WORKS FAX NO. 760 7209562 - P. 7
18. Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for reso-
lution of any disputes between the parties arising out of this agreement is San Oiego County, Califor-
nia.
NOTAPilAL ACKNOWLEDGMENT OF EXECUTION BY ALL CONTRACTOR SIGNATORIES BAUST BE ATTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
(sign here) . pz+n %Meeetu -@i&&,-i’
(sign here)
---EG 9. MEee,u-. *
(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 sec-
retary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM;
RONALD R. BALL
City Attorney
c
By: f& w*
Deputy City Attorney
----- .-. - __r ~_ __ A._ ._~___ ~~ ___- ._ -A __-____ ~- - ---- --~ -__---
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA ) .
COUNTYOF 5~3 -\‘> )
On 5-l%- 00 before me, ,
DATE
I personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
1
(SEAL)
OPTIONAL INFORMATION -
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
NUMBER OF PAGES
MAT-lo-00 WED 5:30 PM CARLSBAD,PUBLIC WORKS - FAX MO. 760 7209562 P. 12
-
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE SECTION 7106
SENIOR CENT&? REPAIR CONTRACT
State of California
County of ~~hFLheq0 ) ss. )
G 9. p/i ERRILL (Name of Bidder)
I , being first duly sworn, deposes
and says that he or she is
(Title) -
of 1ET3 s. r(\eRB\*
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any un-
disclosed 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, di-
re&y 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 penalty of erjury that the fo ,& executed on the day of
g is true and correct and that this affidavit was
cI\( ,200o --
<@q-
Signature of Bidder
Subscribed and sworn to before me on the dayof+,20&. \ 8
. TED 3. MERRILL & SOP&, INC.
GENERAL CONTRACTOR & CONSULTANi
- Building Surgeons
LIC. #345079
ACTION BY WRITTEN CON5ENT
BOARD OF DIRECTOR5 OF
TED 5. MERRILL & 5ON5, INC.
THE UNDER5IGNED being all of the Directors of Ted 5. Merrill & 5on5, Inc., a
California Corporation (the “Corporation”), hereby adopt the following resolution by
unanimous written consenti
RESOLUTION
NOW, THEREFORE, BE IT RE5OLVED, that Ted 5. Merrill, as President of Ted 5.
Merrill & 5ons, Inc., is herebyauthorized and directed to execute and deliver on behalf
of the Corporation, any agreements and documents required for or in conjunction with
the further repair of the Carlsbad 5enior Center, with suGh agreements and
documents to contain such terms and conditions as such officer shall in his sole
discretion above, the execution of such by him to constitute conclusive evidence of
such approval.
EXECUTED: May 18.2000
Ted 5. Merrill, President
CERTIFICATION BY 5ECRETARY
I am the 5ecretay of Ted 5. Merrill & 5ons, Inc. and I cet-ti@ that the foregoing
Action by Written Consent was properly adopted by the Board of Directors.
Ted 5. Merrill, 5ecretay
7907 NORTH AVENUE l LEMON GROVE, CA 919451892 l (619) 464-3997 l FAX: (619) 464-8581
FAITHFUL PERFORMANCEMIARRANTY BOND
Bond no. SENIOR CENTER REPAIR CONTRACT Bd 7900 594026
WHEREAS, the City Manager of the City of Carlsbad has awarded to Ted S - Merri 11 &
Son, Inc. , (hereinafter designated as the “Principal”), a Contract to repair damage to the Carlsbad Senior Center, located
at 799-801 Fine Avenue, Carlsbad, California 90008, caused by a water leak on April 8, 2000.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re-
quire the furnishing of a bond for the faithful performance and warranty of said Contract.
NOW,THERE=ORE,WE, Ted S. Merrill & Son, Inc- t as Principal,
(hereinafter designated as the “Contractor” ), and Nationwide Mutual Insurance '
Company as Surety, are held and firmly bound unto the City of Carlsbad, Sixty Nine Thou'sand Four Hundred k'e::Ju~E.:~~ $17,354 r& \,
inthesumofsixteen & 64/100 Dollars ($ 6g ’ 416 - 64 I ,;s@c '.;')-d& i id ,, L .,
), said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its cer-
I i::.
il ’
tain attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions, and agreements in the 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 stipulated, then this obligation shall become null and void; otherwise it shall remain in full
force and effect,
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorney’s
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
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, exten-
sion of time, alterations or addftion to the terms of the contract or to the work or to the specifications. 1
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 17 t h
day of May ,20-.
CONTRACTOR:
Ted S. Merrill & Son Inc. Nationwide Mutual Insurance Company
(name of Contractor) (name of Surety)
Ely:*ji$ifj
(sign here)
x9. Mem,
(print name heye?
Executed by SURETY this 17th day of
May
SURETY:
P-0. Box 1820 La Mesa, CA 91944
(address of Surety)
619-464-2722
(telephone number of Surety)
.
> By:
(sign here)
(print name here)
Keith E. Clements
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR 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 sec-
retary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
l
By: wwkbM&
Deputy City Attorney
_____. _. - _~~_~.~. ” --. .-.___IL ..- - -.. - _- .~.. .-_---. _ -- ---
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT -
STATE OF CALIFORNIA 1
COUNTYOF %hb &QC; c7 )
On &- Is--0 0 before me, 6% CA 1~ L (L x&‘,(#u .
ul ue I DATE 4 NAME, TITLE OF OFFICER - E.G!, “JANE DOE, NOTARY’dJBLlC
personally appeared, --Lid s . iJll.PAQ ‘,\\
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
‘i,hvi .E !_. E\AibEY
WITNESS my hand and official seal. {c, ‘h;i,& $ il?J5,.?2
(SEAL)
/ \
1, OPTIONAL INFORMATION /
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
TED ti. MERRILL & SOI’w INC.
GENERAL CONTRACTOR & CONSULTAN;
Building Surgeons
LIC. #345079
ACTION BY WRITTEN CON5ENT
BOARD OF DIRECTOR5 OF
‘TED 5. MERRILL & 5ON5, INC.
THE UNDER5IGNED being all of the Directors of Ted 5. Merrill & Sons, Inc., a
California Corporation (the “Corporation”), hereby adopt the following resolution by
unanimous written consent2
RE5OLlJTION
NOW, THEREFORE, BE IT RESOLVED, that Ted 5. Merrill, as President of Ted 5.
Merrill & 5ons, Inc., is hereby authorized and directed to execute and deliver on behalf
of the Corporation, any agreements and documents required for or in conjunction with rC the further repair of the Carlsbad 5enior Center, with such agreements and
documents to contain such terms and conditions a5 such officer shall in his sole
discretion above, the execution of such by him to constitute conclusive evidence of
such approval.
EXECUTED: May 18,ZOOO
Ted 5. Merrill, President
CERTIFICATION BY 5ECRETARY
I am the 5ecretaty of Ted 5. Merrill & 5ons, Inc. and I certify that the foregoing
Action by Written Consent was properly adopted by the Board of Directors.
P
Ted 5, Merrill, 5ecretaty
7907 NORTH AVENUE l LEMON GROVE, CA 919451892 l (619) 464-3997 l FAX: (619) 464-8581
LABOR AND MATERIALS BOND Bond no. Bd 7900 594026
SENIOR CENTER REPAIR CONTRACT
WHEREAS, the City Manager of the City of Carlsbad has awarded to Ted S. Merrill & Son Inc.
(hereinafter designated as the “Principal”), a Contract to repair damage to the Carlsbad Senior Cen-
ter, located at 799-801 Pine Avenue, Carlsbad, California 90008, caused by a water leak on April 8,
2000.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re-
quire the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, 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 this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, Ted S. Merrill & Son, Inc. I
as Principal, (hereinafter designated as the “Contractor”), and Nationwide Mutual Insurance
Company as Surety, are held firmly bound unto the City of Carlsbad in the sum
H- of
Sixty 'Rlne Thousand Four Hundred Sixteen and 64/100 Dollars
($69,416.64 ) said sum being an amount equal to:
One hundred percent (100%) of the total estimated amount payable under said contract by the City
of Carlsbad under the terms of the contract when the total amount payable does not exceed five mil-
lion dollars ($5,000,000) or,
Fifty percent (50%) of the total estimated amount payable under said contract by the City of Carls-
bad under the terms of the contract when the total amount payable is not less than five million dol-
lars ($5,000,000) and does not exceed ten million dollars ($lO.OOO,OOO) or,
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of
Carlsbad under the terms of the contract if the contract exceeds ten million dollars ($10,000,000)
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 person or his/her 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,
or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or
for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought
upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to
be fixed by the court, as required by the provisions of section 3248 of the California Civil Code.
C
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
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, exten-
sion of time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 17th
day of May ) ZOE.
CONTRACTOR:
Ted S. Merrill & Son Inc.
(name of Contractor)
.
By:
(sign here)
.4- qsi. Meet LL
(print name here) L-> lee --?a~ A- Gh
itle a?: organization of si&G&y/
By:
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this 17th day
of May ,20=.
SURETY:
Nationwide Mutual Insurance Company
(name of Surety) P-0. Box 1820
La Mesa, CA 91944
(address of Surety)
619-464-2722
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
Keith E. Clements
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR 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 sec-
retary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: wm Deputy City Attorney
_^___ __- ~. -..- - ._ -_-- -. -.- .--- -- --Y._
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT -
STATE OF CALIFORNIA )
COUNTY OF 5cu -Twc,o )
.
On 6-w-m before me, 1*6 . . IlC f DATE QJIAME, TITLE OF OFFICER - E.G., CAKE DOE, NOTARY PUBLIC
personally appeared, --Fed 2. ia.ui\ \\
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
LJ - OPTIONAL INFORMATION -
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
. .
. . CALIFORNIA ALL-P-?POSE ACKNOWLEDGMENT -
State of California
COUnty of San DieaQ
On May 17, 2000, before me Sherry Hoffman, Notary Public, personally appeared Keith E. Clements
ta personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the
person* whose name&) is/are subscribed to the within instrument and acknowledged to me that
he/&&they executed the same in his/h&their authorized capacityfs) and that by his/h&their
signature* on the instrument the personas), or the entity upon behalf of which the person++
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNOR DESCRIPTION OF ATTACHED DOCUMENT
Cl INDIVIDUAL
Cl CORPORATE OFFICER
TITLE(S)
Cl PARTNER(S) Cl LIMITED
Cl GENERAL
q ATTORNEY-IN-FACT
q TRUSTEE(S)
Cl GUARDIAN/CONSERVATOR
Cl OTHER:
Bond no, Bd 7900 594026
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
Mav 17. 7000
DATE OF DOCUMENT
SIGNOR IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Nationwide Mutual Insurance Comoanv No e
SIGNORWnOTHER THAN NAMED ABOVE
Bd294(07-94104
. Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company,.a corporation organized under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, heremafter called ‘Company’, does hereby make, constitute and appoint Gerrit E. Brouwer Keith E. Clements Sherry Hoffman
.-
each in their individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakin the sum of FOUR MILLION AND NO/l00 8”
and other obligatory instruments of similar nature in penalties not exceeding $4,000,000.00) dollars and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duty authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed.
Thii Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company.
‘RESOLVED, thatthe President, or any Senior Vice President, Vice President, Resident Vice President or Second Vice President be, and the same hereby is, author&d and empowered to appoint Attorneys- In-Fact of the Company and to authorize them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature which the business of the Company may require; and to modify or revoke,,v&h orwithout cause, any such appointment or authorii. The authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company.”
“RESOLVED FURTHER, that such Attorneys-in-Fact shall have full power and authority to execute and deliver any and ail such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to afftx the seal of the Company thereto, provided, however, that said seal shall not be necessary for the validity of any such documents.”
Thii Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company
ARTICLE VIII
Is-
Section 10. Execution of Instruments. Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation of the business of the company in addition to the Chairman and Chief Executive Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed, engraved or stamped on any approved document, contract, instrument or other papers of the company.
IN WITNESS WHEREOF, the said Natiomrvide Mutual Insurance Company has caused this instrument to be sealed and duly attested by the signature of its Vice President the 28th day of April, 1999.
ACKNOWLEDGMENT BY &y&d&&,,,,-
STATE OF Iowa
COUNTY OF Polk ss
On this 28th day of April, 1999, before me came the above named Vice President for Nationwide Mutual Insurance Company, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, thatthe seat affoted thereto is the corporate seal of sard Compan and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and 2 erection of said Company.
Notary Public My Commission Expires March 24,2002
CERTIFICATE
.-
I., Dennis W. Click, Vice President and Secretary of Nationwide Mutual Insurance Company, do hereby ce that the for indud 2
T otng is a full, true and correct copy of the original Power of Attorney issued by said Company; that the Reso UtmI therein is a true and correcttranscriptfrom the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that said Douglas L. Andersen was on the date of the execution of the for oin Mutual Insurance Company and the corporate sea an 78 Power of Attorne his signature as J the duly elected Vice President of NationwIde ce.Prestdent were duly aped and subscribed tc$;said instrument by the authonty of said Board of Directors; and the foregomg Power of Attorney IS s+Jl m full force and
IN WITNESS WHEREOF, I have hereunto subscribed my name as Vice President and Secretary, and affixed the corporate seal of said Company this 1 7 th day of May ’ 2000.
&z-L&&
726 Bd 1(06-99) This Power of$toJto;d2Expires Vice President/Secretary
.
-
TED ,. MERRILL & SOPi:. INC.
GENERAL CONTRACTOR & CONSULTANi
Building Surgeons
LIC. #345079
ACTION E3Y WRITTEN CON5ENT
BOARD OF DIRECTOR5 OF
TED 5. MERRILL & 5ON5, INC.
THE UNDER5IGNED being all of the Directors of Ted 5. Merrill & 5ot15, Inc., a
California Corporation (the “Corporation”), hereby adopt the following resolution by
unanimous written consent2
RE5OLUTlON
. .--.
NOW, THEREFORE, BE IT RE5OLVED, that Ted 5. Merrill, as President of Ted 5.
Merrill & 5ons, Inc., is hereby authorized and directed -to execute and deliver on behalf
of the Corporation, any agreements and documents required for or in conjunction with
the further repair of the Carlsbad 5enior Center, with such agreements and
documents to.contain such terms and conditions as such officer shall in his sole
discretion above, the execution of such by him to constitute conclusive evidence of
such approval.
EXECUTED: Mav 18.2000
/ ( Ted 5. Merrill, President
CERTIFICATION BY SECRETARY
I am the 5ecretat-y of Ted 5. Merrill & 5ons, Inc. and I certify that the foregoing
Action by Written Consent was properly adopted by the Board of Directors.
r
Ted 5. Merrill, 5ecretat-y
7907 NORTH AVENUE l LEMON GROVE, CA 91945-1892 l (619) 464-3997 l FAX: (619) 464-8581
Recording requested by: CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad CA 92008
Iloc - n*
1869 fwG 07,
a I
2000-0415333
2000 10:13 fwl
CFFICIEll RECURD!! SAN DIEGO COUNTY RECORDER’S WI!X GRGW f.$ITH, ~mRECWDER . . .
llUlllHllHYllll~illllll AlllllllililRlllUWl 20004416333
Space above for Recorder’s use
NOTICE OF COMPLETION
Notice is hereby given that:
I. The undersigned is owner of interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on July 11, 2000.
6. The name of the contractor, if any, for such work of improvement is Ted S. Merrill & Sons, Inc.
7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows:
Emergency Building Repairs to the Carlsbad Senior Center 8. The street addresses of said property is:
799 Pine Avenue, Carlsbad, California 92008
r/General Services
I, the undersigned say:
VERIFICATION OF CITY CLERK
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the
City Council of said City on July 25 2000 accepted the above 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 July 25 , 2000 at Carlsbad, California
;kc..-. I, 7- 2 r;_ il n
September 12, 2000
Ted S. Merrill & Son, Inc.
7907 North Avenue
Lemon Grove, CA 91945-I 892
RE: BOND REDUCTION - Carlsbad Senior Center
Per instructions from our Public Works Department, we are hereby reducing the
following bond for the above-referenced subdivision as follows:
Faithful Performance Bond Number 7900 594026
Reduced from $69,416.64 to $17,354.16
Sincerely,
Deputy City Clerk
cc: Michele Masterson, Engineering
Jennifer Gowen, Engineering
Nationwide Mutual Insurance Company
PO Box 1820, La Mesa, CA 91944
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 Qp
c.3 DOC :; 2000-0415333
1869 CIUG 071 2000 10:13 FIM
Recording requested by: CITY OF CARLSBAD
When recorded mail to:
City Clerk City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
rnICI& RECORDS sew mGo coutm REcoRDEl?‘S OFmE
GREGmY kEFTH anm REca?DER : 0.00
lllRlllall~lllulll~~ll~lllllllllllllRlilllWAWlllll 2000-0416333
Space above for Recorder’s use
NOTKE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on July 11,
2000.
6. The name of the contractor, if any, for such work of improvement is Ted S. Merrill & Sons,
Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows:
Emergency Building Repairs to the Carlsbad Senior Center
8. The street addresses of said property is:
799 Pine Avenue, Carlsbad, California 92008
Publi&&orks Manager/General Services
I, the undersigned say:
VERIFICATION OF CITY CLERK
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the
City Council of said City on July 25 2000 accepted the above 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 July 25 , 2000 at Carlsbad, California
CITY QF CARLSBAD
7 c‘ r.... .- .1
August 24,200O
TO: ASSISTANT CITY CLERK
FROM: Public Works Manager/General Services
The Notice of Completion for the emergency repairs to the Senior Center was approved
by City Council on July 25, 1000.
This is a request to reduce the performance bond of Ted S. Merrill & Son, Inc. to 25% of
the original contract after the 30-day period from recordation.
assistance with this matter.
p/8 c_‘. ” !Zh.J L?&d~
, ; : > C.,! /f. I: p ryf.q:s ;I-/ fl 7ak=-uo