HomeMy WebLinkAboutWharton General Contractors; 1998-08-28; FAC98-12SWIM COMPLEX ADA IMPROVEMENTS
CONTRACT NO. FAC98-12
W ha rton Genera I Con tractors
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CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPEC1
PROVISIONS
FOR a
SWIM COMPLEX
ADA IMPROVEMENTS
CONTRACT NO. FAC98-12
June 11,1998
TABLE OF CONTENTS a
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ltem - P; e NOTICE INVITING BIDS .........................................................................................................
CONTRACTORS PROPOSAL ................................................................................................
BID SECURITY FORM ............................................................................................................
BIDDER’S BOND TO ACCOMPANY PROPOSAL ...................................................................
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTORS BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR &
AMOUNT OF OWNER OPERATOWLESSOR WORK” FORMS ........................................
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID ..........
DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER
OPERATOWLESSOR WORK ................................................................................................
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ..................................................
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ...........................
BIDDER S STATEMENT OF RE-DEBARMENT .....................................................................
BIDDERS DISCLOSURE OF DISCIPLINE RECORD ...................................................
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ...............................................................................
CONTRACT PUBLIC WORKS .................................................................................................
LABOR AND MATERIALS BOND ............................................................................................
FAITHFUL PERFORM AN C WARRANTY BOND ...................................................................
REPRESENTATION AND CERTIFICATION ...........................................................................
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ...............................................................
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS .............................................................
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SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION PLAN FAC98-12 ....... @
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CITY OF CARLSBAD, CALIFORNIA * NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbac
Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 21 day of July , at wt-
they will be opened and read, for performing the work as follows:
Swim Complex ADA Improvements
CONTRACT NO. FAC98-12
The work shall be performed in strict conformity with the specifications as approved by
Council of the City of Carlsbad on file with the Public Works Department, Facilities Maint
Division. The specifications for the work include the Standard SDecifications for Public
Construction (1 994 Edition. and the 1995 and 1996 surmlements thereto,) all hereinafter de:
“SSPWC as issued by the Southern California Chapter of the American Public Works Ass
and as amended by the special provisions sections of this contract. Reference is hereby 1
the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and con
to utilize recycled and recyclable materials when available, appropriate and approved
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddin
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdi
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purl
Department. Each bid must be accompanied by security in a form and amount required
The bidder’s security of the second and third next lowest responsive bidders may be withhc
the Contract has been fully executed. The security submitted by all other unsuccessful bidde
be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. PI
to the provisions of law (Public Contract Code section 10263), appropriate securities r
substituted for any obligation required by this notice or for any monies withheld by the City to
performance under this Contract. section 10263 of the Public Contract Code requires ma
securities to be deposited with the City or a state or federally chartered bank in California
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omis:
the agent in connection with the handling of retentions under this section in an amount not le
$1 00,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, F executed and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial
7. Bidder's Statement of Technical Ability
8. Certificate of Insurance
9. Bidder' s Statement Re Debarment @ 3. Non-Collusion Affidavit 1O.Bidder's Disclosure Of Discipline Recorc
11 .Purchasing Department Representation
Certification
12.Escrow Agreement for Security Deposit:
(optional, must be completed if the Biddt
wishes to use the Escrow Agreement for
Responsibility Security)
and Experience
All bids will be compared on the basis of the Engineer's Estimate. The estimated quanti
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estir
$50.000.
io bid shall be accepted from a contractor who is not licensed in accordance with the provi
California state law. The contractor shall state their license number, expiration dz
classification in the proposal, under penalty of perjury. The following classifications are acc
for this contract: B-I, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract document:
of the usual 10% retention from each payment, these documents must be completed and su
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, speciail provisions, and Contract documents may be obtained at the Pur(
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundabll
$10.00 per set. If plans and specifications are to be mailed, the cost for postage should be a1
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregu
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the C
shall be those as determined by the Director of Industrial Relations pursuant to the section$
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a currei
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to wh
Contract is awarded shall not pay less than the said specified prevailing rates of wage:
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublettir
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer"
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter I, of the Labor Code commencing with section 1720 shall i
the Contract for work.
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All bids are to be computed on the basis of the given estimated quantities of work, as indic
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy bt words and figures, the words shall prevail. In case of an error in the extension of a unit pri
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Contract No. FAC98-12 Page 5 of 55 Pal
corrected extension shall be calculated and the bids will be computed as indicated ab1
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
written in with ink and must be initialed in ink by a person authorized to sign for the Contract1
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection
Bonds to secure faithful performance and warranty of the work and payment of labori
materials suppliers, in an amount equal to one hundred percent (700%) and fifty perceni
respectively, of the Contract price will be required for work on this project. These bonds
kept in full force and effect during the course of this project, and shall extend in full force ar
and be retained by the City until they are released as stated in the Special Provisions sectio
contract. All bonds are to be placed with a surety insurance carrier admitted and autha
transact the business of insurance in California and whose assets exceed their liabilitie
amount equal to or in excess of the amount of the bond. The bonds are to contain the f
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the in!
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statem
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke)r
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insui
the State of California by the Insurance Commissioner. Auto policies offered to m
specification of this contract must: (1) meet the conditions stated above for all insurance cor.
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, u
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ins
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a cc
meeting the above standards with the exception that the Best's rating condition is waived. T
does accept policies issued by the State Compensation Fund meeting the requirement for \n
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any ad
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitt
required bonds and insurance, as described in the contract, within twenty days of bid openin{
Contractor fails to comply with these requirements, the City may award the contract to the sec
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid
Carlsbad Business License for the duration of the contract.
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Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-11
adopted on the 9th day of ~une 11998 .
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D#e Aletha L. Rautenkranz, City Clerk '
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July 17, 1998
ADDENDUM NO. 1
RE: SWIM COMPLEX ADA IMPROVEMENTS, CONTRACT NO. FAC98-12
Please include the attached addendum in the Notice to BiddedRequest for Bids i
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/
when your bid is submitted.
-*ark
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attach men t
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I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 - (760) 434-2803 - FAX (760) 434-1 C
JUI. 15 iY~b c)J.Ui FhUi . 11i.W PJrltJJIe I4W. . 1-313 L3> ?lrJ
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ADDENDUM NO. 1 TO CONTRACT DOCUMENTS
July 15, 1998,
FAC98-12
ClW OF CARLSBaD
COMMUNIPI SWlM COMPLEX
TRANSITION PLAN IMPLEMENTATION
The followirg addendum IS issued to supplement andlor revise the Bid
Documents
I. CHANGES TO OWWINGS
Item 1 Referenee Drawinas A.l, A.2. A 3
A Depress ftoor shb and install ce~armc tile in Men's and Warnen? toilets per drawings X-1 and X-2 (see amchment).
Extend ceramic tile finish on the walls in Men's and Women's
toifets per drawings X-2 and X-3(see attachment)
Add plumbing wall in Women's toilet room per drawings X-2 and
x-3
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PLEASE NOTE:
BUILDING PLANS FOR THE SWIM COMPLEX ARE AVAILABLE AT 405 OAK AVENUE. PLEAS
CALL PAULINE KILLINGSWORTH AT 434-2980 TO ME ARRANGEMENT TO SEE THEM.
THE BID OPENING DATE HAS BE CHANGED TO 4:OO PM ON FRIDAY, JULY 24, 3,998 --- --
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I a CITY OF CARLSBAD
9 CONTRACT NO. FAC98-12
SWIM COMPLEX -ADA IMPROVEMENTS
CONTRACTOR'S PROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read thc
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thert
hereby proposes to furnish all labor, materials, equipment, transportation, and services rec
do all the work to complete Contract No. FAC98-12 in accordance with the Plans, Specif
Special Provisions and addenda thereto and that he/she will take in full payment ther
following unit prices for each item complete, to wit:
Approximate Item Quantity Unit - No. DescriDtion and Unit - Price Total
1 Provide all necessary labor, LS tq,L%U - $ sT3pJo.m
material and equipment to
perform ADA improvements
per attached plans and
specifications
Total amount of bid in words: nm TfihkAE f%h'wD m- 04r
Total amount of bid in numbers: $ 9,dsde d b
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@ n Price(s) given above are firm for 90 days after date of bid opening.
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1, proposal.
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Addendum(a) No(s). t hadhave been received and idare include
The Undersigned has carefully checked all of the above figures and understands that the
not be responsible for any error or omission on the part of the Undersigned in preparing this
The Undersigned agrees that in case of default in executing the required Contract with nc
bonds and insurance policies within twenty (20) days from the date of award of Contract by
Council of the City of Carlsbad, the City may administratively authorize award of the contra
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licens.
business or act in the capaciyof a contractor within the State of C lifornia, validly license
license number +flqs/ / classification f? 4 which ex , and that this staiement is true and correct an has the legal
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuar
Business and Professions Code shall be considered nonresponsive and shall be rejected by 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted :
invalidated by the failure of the bidder to be licensed in accordance with California law. Hov
the time the contract is awarded, the contractor shall be properly licensed. Public Contra
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is PE
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder;
representation, oral or in writing, of the City Council, its officers, agents, or employees has i
himher to enter into this Contract, excepting only those contained in this form of Contract
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making i
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is w/o A9 ND (Cash, Certified Chec
or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which require
employer to be insured against liability for workers' compensation or to undertake self-insui
accordance with the provisions of that code, and agrees to comply with such provisions
commencing the performance of the work of this Contract and continue to comply until the
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
to the general prevailing rate of wages for each craft or type of worker needed to exec
Contract and agrees to comply with its provisions.
an affidavit. fd747 qg&
9 20104.
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a IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted a' a (2) Signature (given and
a (Street and Number)
(3) Place of Business
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w IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be ml
general partner)
(3) Place of Business
(Street and Number) wa City and State
(4) Zip Code Telephone No.
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
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(Signature)
(Title)
(2) I
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(3) Incorporated under the laws of the State of
(I) (4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corpora
partnership, list names of,all general partners, and managing partners:
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BID SECURITY FORM
(Check to Accompany Bid) e
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of C
CARLSBAD, in the sum of
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this che
become the property of the City provided this proposal shall be accepted by the City throug
of its legally constituted contracting authorities and the undersigned shall fail to execute a
and furnish the required Performance, Warranty and Payment Bonds and proof of in
coverage within the stipulated time; otherwise, the check shall be returned to the undersign
proceeds of this check shall also become the property of the City if the undersigned shall H
his or her bid within the period of fifteen (15) days after the date set for the opening thereof
otherwise required by law, and notwithstanding the award of the contract to another bidder.
dollars ($
4B
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the fc
pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of tl
amount of the bid.)
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EQhi #57596-09 I *:. -
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, WEGRION GE%JERAL CoN'I'RAmRS , as Principal, andmw CylNTRACToRS Ils COMPJw as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as fo
(must be at least ten percent (10%) of the bid amount)six thocisand and no1 00 for
payment, well and truly made, we bind ourselves, our heirs, executors and administr
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the a
bounden Principal for:
Swim Complex - ADA Improvements - Contract No. FAC98-12
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter int,
execute a Contract including required bonds and insurance policies within twenty (20) days fro!
date of award of Contract by the City Council of the City of Carlsbad, being duly notified 01
award, then this obligation shall become null and void; otherwise, it shall be and remain in full
and effect, and the amount specified herein shall be forfeited to the said City.
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In the event Principal executed this bond as an individual, it is agreed that the death of Princ
shall not exonerate the Su@y from its obligations under this bond.
Executed by PRINCIPAL this 23& Executed by SURETY this 23rd da!
PRINCIPAL: SURETY:
dayof JULY ,I9 98 . JULY 11998 .
.I
WHAR'I'ON GENERAL cwlNTRAcToRs AMEBICAN CONTRACTORS INDEMNITY COMPAI
(name of Principal) (name of Surety) ,
<' By: Ab 9841 Airport Blvd., #I 414, Los Angelt
(sign here) (address of Surety)
(print name here)
BMdER
amAh E. h? hcHdrah/ 31 0/649-0990
(telephone number of Surety)
By: ,,?f ~~yvhLc/ IL d?:&h
( p ri At ed, dame of Atto r ne y-i n- Fa ct )
(Attach corporate resolution showing cu,
power of attorney.)
(Title and Organization of Signatory) (signatu of Attorney-In-Fact)
By: ?me Burdette
(sign here)
I), (print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
one officer signs, the corporation must attach a resolution certified by the secretary or assi
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
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c,!klPORNIA ALL-PURPOSE ACKNOWLEDGMENT
California
before me, B Caindec, Notary Public
Date Name and Title of Officer (e g "Jane Doe Notary Public 1
personally appeared Joanne Burdette
Name(s) of Signer(s)
whose name(gh istaxsubscribed to the within instrumc
and acknowledged to me that lxg'shemexecuted tt
same inX&Lher/tlmk authorized capacity- and that I
XIk/her/t&&signature# on the instrument the person(;
or the entity upon behalf of which the person@) acte
executed the instrument.
?! $
Though the rnformatron below is not required by law, if may pro
fraudulent removal and reattachmen
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Joanne Burdette
0 Individual 3 Individual
ci Corporate Officer
Kl Partner - 0 Limited [II General il! Partner - i_l Limited C General
X Attorney-in-Fact
2 Guardian or Conservator C Guardian or Conservator
3 Corporate Officer
Tit le(s) :
Signer Is Representing:
American Contractors
Signer Is Representing,
Reorder Call Toll Free 0 1'395 National Notary Association - 8236 Remmet Ave PO Box 7184 * Canoga Park CA 91309 7184 Prod NO 5907
A
American Contractors Indemnity Company e Los Angeles, California
POWER OF ATTORNEY
bS0W ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a Calif0
(the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Joanne Burdette of San Diego, California
as its true and lawful Attorney@)-in-fact, in amount of $a=,, to execute, seal and deliver for and on its beh and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrume
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its princ
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions ad4
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of Dc
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or A:
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Sea
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof ani
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such poi
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature
+all be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and f;
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to
corporate seal to be affixed by its authorized officer this 18 th day of October
@ valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
4x9 AMEFucANcoNTRAcTo s 0 3 5 SEPI26,1990 INCORPORATED E q By: Andy Faust, President
STATE OF CALIFORNIA %m* COUNTY OF LOS ANGELES
Norma Virdio , personally appeared Andj (On
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me th
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of whicl
(executed the instrument.
WITNESS my hand and official seal.
October 18, 1996 before me,
- U U
CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I h
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Director
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY
orrect transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoke
rce and effect.
July 23rd dayof IN TESTIMONY WHEREOF, I have hereunto set my hand this
ab
Albert Baumgarten, Secreb
CALIFORN~A ALL-PURPOSE ACKNOWLEDGMENT
E.@u” Pfi/&J-* T&L/L@W
DATE NAME. Ill1 OFOFFICER. E 0 .‘JANE WE. NOTAW PUBUC
personally appeared {7&Jflj*5 /< Lh&& p/ (r
“nrtr(SJ OT SIC*Fn(S)
0’ personally known to me - OR - F proved to me on the basis of satisfactory evidl
to be the person(s) whose name@) is
subscribed to the within instrument and
knowledged to me that he/she/they exec1
the same in hishedtheir authori
capacity(ies), and that by his/her/tl
signature(s) on the instrument the persor
or the entity upon behalf of which
person(s) acted, executed the instrum
Though Ihe data below is not required by law, il may prove valuable lo persons relying on lhe docurnenl and could pr{
fraudulent reattachment of lhis form.
DESCRIPTION OF ATTACHED DOCUMEI CAPACITY CLAIMED BY SIGNER
NlcSd+’S /5&A fi / hkLC?y/? fl&.U/& 2NjP c s/+ CORPOFWTE OFFICER
LJ~ m- SZ~J CeWG4p/ &bnvcz;z/ TITLE /OR T@E OF D~CUMENT
Q@PL9$jf‘S PyLAv?&P
NUMBEfl OF PAGES
17 GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
. - . . - .-- -- -. -_----- -.-_-__ __ SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmei Ave , P 0 Box 7184 Canoga Park. CA I
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS
a
REFERENCES Prior to preparation of the following Subcontractor and Owner Operato
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ar
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", Y
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor."
are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section I
these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informati
result in rejection of the bid as non-responsive. Any bid that proposes performance of more
percent of the work by other than the Contractor's own organization will be rejected i
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to comp
Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Le:
percentage of the bid item installed by the Subcontractor or Owner OperatodLessor being I
the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item b
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any porti
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The \
materials and transport for materials from sources outside the limits of work, as shown on thc
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as tt
may be, installing them. The value of material incorporated in any Subcontracted or
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included
part of the portion of the work that the Contractor is required to perform with its own organiza
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in t
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numbc
be entered on the form. If the Subcontractor does not have a valid business license enter "N(
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to
the required information. The number of additional form pages shall be entered on the fir
page of each type so duplicated.
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%$01/23/98 Contract No. FAC98-12 Page 15 of 55 F
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure '
using this option the Bidder must indicate the bid item numbers to which the information in
pertains. This option may not be used where the subcontractor or Owner Operator/
constructing or installing less than 100 percent of a bid item. The percentages and dollar i
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct (
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the des
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The exp
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awai
contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
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DESIGNATION OF SUBCONTRACTOR AND de AMOUNT OF SUBCONTRACTOR'S BID
The Bidder MUST complete each information field on this form for each subcontractor 1
proposes to use. Additional copies of this form may be attached if required to accommoda Contractor's decision to use more than one subcontractor. This form must be submitted as a r the Bidder's sealed bid. Failure to provide complete and correct information may result in rejec the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in pre
this bid for the Work and that the listed subcontractors will be used to perform the portions
Work as designated in the list in accordance with applicable provisions of the specificatior
section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pr:
Act." The Bidder further certifies that no additional subcontractor will be allowed to perfori
portion of the Work and that no changes in the subcontractors listed work will be made excep
the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Address: /48. &% k7 % d Street
Telephone Number plus Area Code:
Carlsbad Business License No.:
0
4w ts 01/23/98 Contract No. FAC98-I 2 Page 17 of 55 f
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
The Bidder MUST complete each information field on this form for each owner operatodo (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this fc
be attached if required to accommodate the Contractor's decision to use more tt-
subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to
complete and correct information may result in rejection of the bid as non-responsive. Excer
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to
any portion of the Work. The Bidder further certifies that no changes in the Owner Operatc
listed work will be made except upon the prior approval of the Engineer. Provide a separa
for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition c
Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
e
Street
City State Zip
Telephone Number plus Area Code: ( ) -
City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS e
Page of pages of this form e
em ts 01/23/98 Contract No. FAC98-12 Page 18 of 55 1
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILIT
ill) (To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets I
submitted under separate cover marked CONFIDENTIAL.
lK/ads FdVh 5@&@f/fl 3
4- ks 01/23/98 Contract No. FAC98-12 Page 19 of 55 P
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
4)
The Bidder is required to state what work of a similar character to that included in the pr
Contract he/she has successfully performed and give references, with telephone numbers
will enable the City to judge hidher responsibility, experience and skill. An attachment can b
Name and Phone No. of Person Name and Address
a
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Q- ts 01/23/98 Contract No. FAC98-12 Page 20 of 55 F
1
BIDDER’S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS’ COMPENSATION
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTI El @)
4 (To Accompany Proposal)
As a required part of the Bidder’s proposat the Bidder must attach either of the following to thi
page-
I. Certificates of insurance showing conformance with the requirements herein for:
1
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Comprehensive General Liability
Employer’s Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier’s notarized signature stating that the carrier can, and
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurar
Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
to meet the specification of this contract must: (1) meet the conditions stated in The Notice
Bids, the Standard Specifications for Public Works Construction and the Special Provisions
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle
the performance of the contract, used onsite or offsite, whether owned, non-owned or hir
whether scheduled or non-scheduled. The auto insurance certificate must state the covera!
“any auto” and cannot be limited in any manner.
9 ab
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4- r.8 01/23/98 Contract No. FAC98-12 Page 21 of 55
ql’
, ._
UED: CITY OF CFlRLSBlsD
EL CAJON, CA 92020
-TON GENERAL COWTRACTINQ
P.0. BOX 712920 SWEE, Ca 93072
ER'O P C0NTPACK)R'B PROT
WHEDULED ALcroB
NONmOWNED AUTOS
RTXFICATE HOLDER X8 NAMED AS ADDITIONAL INSURED
I!' CARLISBAD SING DEPARThIENT a DAW WRITTEN NOTICE TU THB CCRTIRCATE HOLDlR
QUT FAILUW TO MAIL SUCH NOTICL SHALL IMPOSC NO OBU : KEVTN DAW8
CARLIBAD VILLAQE DRIVE
CtTY OF CARLSBAD SURPLUS UNE BROKER AFFIDAVIT
Broker Name: LTuaq ?* $&A&m= Pa
Address: -- %x2 MV- @ow
City/State/Zip : --- ELcLCmdc -1 Q3.CI3-3
Dare: --JIW%
Projecr Name: U-kd?zjd GE?-4G%C c2d%hcA?db
~yge of Insurance: L\&\ ~d-
I certify that 4W~Y-&- iS the Broker of Record for mi GkW tab i of he above contract. I funher certify that as Broker of Record for Contractor, I have contacted
the insurance cornpanis bred below, all of whom meet the City's requirements included in
Resolution No. V-Ct03 and ail of whom have refused to write the required policy due ro the
type of risk involved.
e
("Contractor") who is required to provide insurance under the specificarions
Insurance Carria: ~FCa3 Id%-
Name of Contact: &%\ IsZ3d-r
Address: mTA)d \/&by- CA
Date: 7h3
Reason for Refusal:
Best's Rating b -f- Listed by Stare Insurance 96
QG HTnVc31Clc4 C>Ut&% da
Commissioner (YesiNo)
Insurance Carrier: wca &QcaLE ids w.
Name of Contact: WfiLVA mo
Address: 6 5- -XT, sa.. q.&ioa
Dare: -ho - - - mm t 1 la & / OEydea
I I
Reason for Refusal:
Bests Raring A+ listed by State Imurancc %
Commissioner (Ycs/No)
a
Insurance Garner: m~q MOALW Wd’C
Name of Contact: Q5-E L
Address: AdA ,(LA
Date: -I h%
Reason for Refusal:
Best‘s Rating .A t- Listed by State insurance 46
W aCr\ wGXT t~ Id Gsl m da
Commissioner (YedNo)
p-am6-w *
Contractor is requesting that the City accept w 4s company who is a surpll
line carrier having an A-:V or better ra*g in the most recent issue of Best’s Rating Guide a who has an office within thc %are of California at the following address in order to effect seni
of process.
Name of Surplus
Address:
Line Canier; 7QcLe3Tmcs. \dSAtK-E ca.
City/State/zip: ~9mfiIAfi . c.lE L91oa
Name: G* 4- pAu a.
Ad dress: ;* 5idSm-c sr.,-e+m
Ciry/S tace/Zip: F&&--!GSrn% rn qq\ 1 j
Dated: -YblgR
Signed: 5skcdb
3 5. \5T sT.+(e. d
Address to effect Service of Process Within the State of California.
a
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I cemfy under penalty of pcjwy that the foregoing facts are true and correct.
Broker of Record
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BIDDER'S STATEMENT RE DEBARMENT 1 a) (To Accompany Proposal)
1 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder t
another jurisdiction in the State of California? /-
Yes no
I
1
a 2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s)
debarment(s)? Attach additional copies of this page to accommodate more than two debarments. ' party debarred party debarred
1 agency agency
8 period of debarment period of debarment
1 0 h
m.45
BY; 1
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1- QEflbGiS 'd hhhmfl, oh.! pdd
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em t4 01/23/98 Contract No. FAC98-12 Page 22 of 55 Pag
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State Lic
Board which has jurisdiction to investigate complaints against contractors if a complaint regard
patent act or omission is filed within four years of the date of the alleged violation. A comi regarding a latent act or omission pertaining to structural defects must be filed within 10 years (
date of the alleged violation. Any questions concerning a contractor may be referred tc
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the Cali1
Contractors’ State license Board two or more times within an eight year period?
i 01
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Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever had
contractor’s license suspended or revoked by the California Contractors’ State license Board b
more times within an eight year period? /
7
I ab Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you propo
perform any portion of the Wor
Yes no
er been stayed?
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature (
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, de:
the nature of the violation and the condition (if any) upon which the disciplinary action was sta ab
4- ts 01/23/98 Contract No. FAC98-12 Page 23 of 55 Pal
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(Attach additional sheets if necessary)
BY CONTRACTOR:
w@
DmvsC ~~~~~ SLW-a,
(print namehitie)
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Q- %s 01/23/98 Contract No. FAC98-12 Page 24 of 55 P
i,.
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID a PUBLIC CONTRACT CODE SECTION 7106
State of California 1
County of )
) ss.
, being first duly sworn, depo aENn;/J I<. hj &fir7 179d
(Name of Bidder)
and says that he or she is 0 LiIMER
(Title)
of /&A/? ?77 A/ G En'& A,$ ) OPd?-lZ/3 r lun. (
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf (
undisclosed person, partnership, company, association, organization, or corporation; that the
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or sc
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, con:
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agree
communication, or conference with anyone to fix the bid price of the bidder or any other biddei
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to I
any advantage against the public body awarding the contract of anyone interested in the prc
contract; that all statements contained in the bid are true; and, further, that the bidder hz
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the cc
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
corporation, partnership, company association, organization, bid depository, or to any mer
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affida\
4)
executed on the / 9 day of bp:' /'y y ,I9 72.
/
G& I Signxure of Bidder
/
, l! Subscribed and sworn to before me on the /C/fQ&I/day of fl4y 14
jr (NOTARY SEAL) m5!4A&& ru
Sign$* of Notary
db
1108198 Contract No. FAC98-9 Page 25 of 55 Pages
CONTRACT * PUBLIC WORKS
This agreement is made this 28th day of August 1 19 98 8 between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and WHARTON GENERAL CONTRACTORS whose principal place of business
8626 Siesta Road, Santee CA (he called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract doc
for:
Swim Complex - ADA Improvements - Contract No. FAC98-12
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, material
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation o
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Exp
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PIE
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and
Provisions, and all proper amendments and changes made thereto in accordance with this 1
or the Plans and Specifications, and all bonds for the project; all of which are incorporated h
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the indicated, specified, and implied by the Contract Documents. Any items of work not indic
specified, but which are essential to the completion of the work, shall be provided at the Con
expense to fulfill the intent of said documents. In all instances through the life of the Cont
City will be the interpreter of the intent of the Contract Documents, and the City's decision re
said intent will be final and binding. Failure of the Contractor to apprise subcontract
materials suppliers of this condition of the Contract will not relieve responsibility of complianc
4. Payment. For all compensation for Contractor's performance of work under this Contr
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifica
Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 sumlements hereinafter designated "SSPWC", as issued by the Southern California Chapter of the A
Public Works Association, and as amended by the Special Provisions section of this contr
Engineer will close the estimate of work completed for progress payments on the last workin
each month.
0
5. Independent Investigation. Contractor has made an independent investigatior er.
e= %# 01/23/98 Contract No. FAC98-12 Page 26 of 55 I
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the pro
the work, and is aware of those conditions. The Contract price includes payment for all w
may be done by Contractor, whether anticipated or not, in order to overcome unde
conditions. Any information that may have been furnished to Contractor by City about unde
conditions or other job conditions is for Contractor's convenience only, and City does not
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, ii
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves
trenches or other excavations that extend deeper than four feet below the surface Contrac
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardour
as defined in section 25117 of the Health and Safety Code, that is required to be remo\
Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing fro1
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any
nature, different materially from those ordinarily encountered and generally recognized as i
in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially s or do involve hazardous waste, and cause a decrease or increase in contractor's costs 01
time required for, performance of any part of the work shall issue a change order un
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions m
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's co!
time required for, performance of any part of the work, contractor shall not be excused fr
scheduled completion date provided for by the contract, but shall proceed with all wor
performed under the contract. Contractor shall retain any and all rights provided either by 1
or by law which pertain to the resolution of disputes and protests between the contracting pal
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requii
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has c
and will comply with these requirements, including, but not limited to, verifying the eligit
employment of all agents, employees, subcontractors, and consultants that are included
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depart
Industrial Relations has determined the general prevailing rate of per diem wages in accc
with California Labor Code, section 1773 and a copy of a schedule of said general prevailin
rates is on file in the office of the City Engineer, and is incorporated by reference herein. P
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor st
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defen
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, d
injury and liability of every kind, nature and description, directly or indirectly arising fro1
connection with the performance of the Contract or work; or from any failure or alleged fi
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Contractor to comply with any applicable law, rules or regulations including those relating tc
and health; and from any and all claims, loss, damages, injury and liability, howsoever th
may be caused, resulting directly or indirectly from the nature of the work covered by the C
except for loss or damage caused by the sole or active negligence or willful misconduct oft
The expenses of defense include all costs and expenses including attorneys' fees for Ii
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awarc
contract to Contractor, and Contractor will pay all costs, including defense costs for tl
Defense costs include the cost of separate counsel for City, if City requests separate counse
IO. Insurance. Contractor shall procure and maintain for the duration of the contract in:
against claims for injuries to persons or damage to property which may arise from or in cor
with the performance of the work hereunder by the Contractor, his or her agents, represer
employees or subcontractors. Said insurance shall meet the City's policy for insurance as s
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimu
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single lii
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a s
aggregate in the amounts specified shall be established for the risks for which the City or its
officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident fo
injury and property damage. In addition, the auto policy must cover any vehicle usec
performance of the contract, used onsite or offsite, whether owned, non-owned or hirc
whether scheduled or non-scheduled. The auto insurance certificate must state the covera!
"any auto'' and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensatic
as required by the Labor Code of the State of California and Employers' Liability limits of $1 ,[
per incident. Workers' compensation offered by the State Compensation Insurance I
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance require
this agreement contain, or are endorsed to contain, the following provisions. General I
Employers' Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional ins
respects: liability arising out of activities performed by or on behalf of the Contractor; prod1
completed operations of the contractor; premises owned, leased, hired or borrowed
contractor. The coverage shall contain no special limitations on the scope of protection affc
the City, its officials, employees or volunteers. All additional insured endorsements n
evidenced using separate documents attached to the certificate of insurance; one for each cl
affording general liability, employers' liability and auto liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the 1
officials, employees and volunteers. Any insurance or self-insurance maintained by the
officials, employees or volunteers shall be in excess of the contractor's insurance and s
contribute with it.
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c.
to the City, its officials, employees or volunteers.
d.
against whom claim is made or suit is brought, except with respect to the limits of the
liabiliw.
(C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, c
shall be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be e
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or rec
coverage or limits except after thirty (30) days' prior written notice has been given to the
certified mail, return receipt requested.
(E) Deductibles And Self-insured Retention (S.I.R.) Levels. Any deductibles or self
retention levels must be declared to and approved by the City. At the option of the City, eitt
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respc
City, its officials and employees; or the contractor shall procure a bond guaranteeing pay
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shall
a waiver of all rights of subrogation the insurer may have or may acquire against the City o
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its PO
shall furnish separate certificates and endorsements for each subcontractor. Covera
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating i
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bus
insurance by the State of California Insurance Commissioner as admitted carriers as evidenc
listing in the official publication of the Department of Insurance of the State of Californi:
under the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurai
original endorsements affecting coverage required by this clause. The certificatt
endorsements for each insurance policy are to be signed by a person authorized by that in!
bind coverage on its behalf. The certificates and endorsements are to be in forms approve(
City and are to be received and approved by the City before the Contract is executed by the i
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be i in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be rest
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Ar
(commencing with section 201 04) which are incorporated by reference. A copy of Articlt
included in the Special Provisions I section. The contractor shall initially submit all clair
$375,000 to the City using the informal dispute resolution process described in Public (
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the c all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the C
Government Code) for any claim or cause of action for money or damages prior to filing any
*m %# 01/23/98 Contract No. FAC98-12 Page 29 of 55 F
Any failure to comply with reporting provisions of the policies shall not affect coverage I
Coverage shall state that the contractor's insurance shall apply separately to each
@
0
0
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to
must be asserted as part of the contract process as set forth in this agreement an(
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly SI
false claim to a public entity. These provisions include false claims made with deliberate ig
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to tt
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fak
may subject the Contractor to an administrative debarment proceeding wherein the Contrac
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referer
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debar1
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcc
from participating in future contract bidding.
I have read and understand all provisions of Section I1 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cos
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princip
of business as specified above, Contractor shall so inform the City by certified letter accom
the return of this Contract. Contractor shall notify the City by certified mail of any change of
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be sut
for any monies withheld by the City to secure performance of this contract for any ot
established by this contract. Any other security that is mutually agreed to by the Contractor City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of I
clause required by law to be inserted in this Contract shall be deemed to be inserted her
included herein, and if, through mistake or otherwise, any such provision is not inserted, c
correctly inserted, then upon application of either party, the Contract shall forthwith be pt
amended to make such insertion or correction.
0
0
(Initial)
e ...
4% %# 01/23/98 Contract No. FAC98-12 Page 30 of 55 F
... a ...
...
...
...
...
...
...
...
...
...
...
... *
*
e-w as 01/23/98 Contract No. FAC98-12 Page 31 of 55 P
16. Additional Provisions. Any additional provisions of this agreement are set fort1
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU
ATTACHED
*
(CORPORATE SEAL)
(sign here)
(print name and title)
e BY:
President or vice-president and secretary or assistant secretary must sign for corporations
one officer signs, the corporation must attach a resolution certified by the secretary or a
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
4
e= &# 01/23/98 Contract No. FAC98-12 Page 32 of 55 F
CALlFORNbA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sari Diego
*
On August 12, 1998 , before me, Cynthia A. Klepper, Notary Public,
Date Name and Title of Officer (e g Jane Doe Notary Public )
personally appeared ***Dennis K. WhaTtonkk*~:kftkk**~~:*k*;~kk*~**~:**kk% ,
Name@) of Signer(s)
to be the person/ldfwhose name-
the entity upon behalf of which the persoM
acted, executed the instrument.
Place Notary Seal Above e
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document. Contract Public Works
Document Date None Number of Pages Seven
Capacity(ies) Claimed by Signer
0 Individual
0 Corporate Officer - Title(s):
3 Partner - 0 Limited 0 General
cl Attorney in Fact
0 Guardian or Conservator
Signer Is Representing
0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 * Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll-Free 1 800 L .I
t Bond #57757
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Re
No. 98-267 , adopted AUGUST 4, 1998 , has awa
(hereinafter designated as the "Principal"), a Contract for :Swim Complex - ADA lmprovem
Contract No. FAC98-12
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other (
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of w
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
require the furnishing of a bond, providing that if Principal or any of their subcontractors Shi
pay for any materials, provisions, provender or other supplies or teams used in, upon or ai
performance of the work agreed to be done, or for any work or labor done thereon of any C
Surety on this bond will pay the same to the extent hereinafter set forth.
e
WHARTON GENERAL CONTRACTORS
NOW, THEREFORE, WE,
as Principal, (hereinafter designated as the "Contractor"), and
as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWENTY SIX TH
WHARTON GENERAL CONTRACTORS
AMERICAN CKlNTRACToRS INI
FIVE HUNDRED TEN AND NO/OO------------------------------------------
($ 26,510.00 ), said sum being fifty percent (50%) of the estimated amount pa!
the City of Carlsbad under the terms of the Contract, for which payment well and truly to t
we bind ourselves, our heirs, executors and administrators, successors, or assigns, joii
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontrac
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or a
performance of the work contracted to be done, or for any other work or labor thereon of a
or for amounts due under the Unemployment Insurance Code with respect to such work or
for any amounts required to be deducted, withheld, and paid over to the Employment Deve
Department from the wages of employees of the contractor and subcontractors pursuant tc
13020 of the Unemployment Insurance Code with respect to such work and labor that the Si
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's
be fixed by the court, as required by the provisions of section 3248 of the California Civil Coc
This bond shall inure to the benefit of any and all persons, companies and corporations ei
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
the Contract, or to the work to be performed thereunder or the specifications accompan
same shall affect its obligations on this bond, and it does hereby waive notice of any
extension of time, alterations or addition to the terms of the contract or to the work a
0
0 specifications.
e= %# 01/23/98 Contract No. FAC98-12 Page 33 of 55 I
In the event that Contractor is an individual, it is agreed that the death of any such Contrac
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this
e 9th Executed by SURETY this 9 th
day of August 519 98 * of Auqust ,I
CONTRACTOR: SURETY:
WHARlDN GENERAL CONTRACTORS AMERICAN CONTRArnRS 1NDmTY
(name of Contractor)
By:
(name of Surety)
9841 Airport Blvd., #I 41 4, Los
(address of Surety) goo4
31 0/649-0990
(print name here) (telephone number of Surety)
(title and organization of signatory) 4-d f Attorney-in-Fact)
By:
(sign here)
(print name here)
f Attorney-in-Fac
olution showing CI
power of attorney)
(title and organization of signatory)
e
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attache
(President or vice-president and secretary or assistant secretary must sign for corporations.
one officer signs, the corporation must attach a resolution certified by the secretary or a
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
# 5P-
a
em %# 0 1/23/98 Contract No. FAC98-12 Page 34 of 55 F
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof Sari Diego
0
On August 12, 1998 , before me, Cynthia A. Klepper, Notary Public,
personally appeared ***Dennis K. marton****************************
Date Name and Title of Officer (e g , “Jane Doe, Notary Public”)
Name(s) of Signer@)
IBpersonally known to me
proved to me on the basis of satisfactor
subscribed to
the same in
acted, executed the instrument.
WITNESS my hand and official seal.
&$/ji-&L[&J52 kt-/
Place Notary Seal Above y Signature of Notary Public y p
a
F-
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor and Materials
Document Date: None Number of Pages: Two
Signer(s) Other Than Named Above: Jeanne Burdette****
Capacity(ies) Claimed by Signer
SY-
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Guardian or Conservator
Signer Is Representing:
,%aqqT
Prod No 5907 Reorder Call Toll-Free 1-80 0 1997 National Notary Association 9350 De Soto Ave , PO Box 2402 * Chatswotth, CA 91313-2402
a
? Bond #57757
r Premium: $954 .OO
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Re
NO. 98-267 , adopted AUGUST 4, 1998 , has awc
WHARTON GENERAL CONTRACTORS , (hen
a
designated as the "Principal"), a Contract for:
Swim Complex - ADA Improvements Contract No. FAC98-I2
in the City of Carlsbad, in strict conformity with the contract, the drawings and specificatic
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsba
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, WHARTON GENERAL CONTRACTORS , as Pr
(hereinafter designated as the "Contractor"), and =IcAN coNTRAcToRs INDEMNITY coIl
, as Surety, are held and firm1 bound unto the City of C in the sum of FIFTY THREE THOUSAND TWENTY ANd NO/OO -------------
Dollars ($53,020.00 , said sum bein
to one hundred percent (100%) of the estimated amount of the Contract,)to be paid to Ci
certain attorney, its successors and assigns; for which payment, well and truly to be made,
ourselves, our heirs, executors and administrators, successors or assigns, jointly and sf
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contract
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
well and truly keep and perform the covenants, conditions, and agreements in the Contract
alteration thereof made as therein provided on their part, to be kept and performed at the ti
in the manner therein specified, and in all respects according to their true intent and meani
shall indemnify and save harmless the City of Carlsbad, its officers, employees and agf
therein stipulated, then this obligation shall become null and void; otherwise it shall remai
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified 1
there shall be included costs and reasonable expenses and fees, including reasonable a1
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as cc
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the '
the Contract, or to the work to be performed thereunder or the specifications accompan;
same shall affect its obligations on this bond, and it does hereby waive notice of any
extension of time, alterations or addition to the terms of the contract or to the work o
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contrac
not exonerate the Surety from its obligations under this bond.
__________________----------------- a
a
e= %# 01/23/98 Contract No. FAC98-12 Page 35 of 55 f
@ Executed by CONTRACTOR this 9th Executed by SURETY this 9th (
August 98 day of August ,I9 98 . I 19-
CONTRACTOR: SURETY:
WHARTON GENERAL CONTRACI'ORS AMERICAN CONTRACTORS INDmITY COD
(name of Contractor)
By: & K.a&k=
(name of Surety)
9841 Airport Blvd., #1414, Los Anc
(sign here) (address of Surety) 90045-
%drs "K- til k d-Mrn& 31 0/649-0990
(print name here) (telephone number of Surety)
(Title and Organization of Signatory)
By:
(sign here)
(Attach corporate resolution showing
power of attorney.) (print name here)
e
(Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attache
(President or vice-president and secretary or assistant secretary must sign for corporations
one officer signs, the corporation must attach a resolution certified by the secretary or a
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
wu
i)
em %@ 01/23/98 Contract No. FAC98-12 Page 36 of 55 I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sari Diego
a
On August 12, 1998 , before me, Cynthia A. Klepper, Notary Public,
personally appeared ***Dennis K. marton****************************
Date Name and Title of Officer (e g , “Jane Doe Notary Public’)
Name@) of Signer($
Sfpersonally known to me
0 proved to me on the basis of satisfactor
the entity upon behalf of which the persow
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
a
---
Though the information beiow is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Perf ormanceiwarranty Bond
Document Date: None Number of Pages: Two
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Joanne Burdette
0 Corporate Officer - Title(s):
C Partner - 3 Limited General
Attorney in Fact
Guardian or Conservator
Signer Is Representing:
0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 - Chatsworth, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1.800
0
k
' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~"e"'" J
p
@j State of California
County of Los Angel-
On 8/9/98 before me, B Caindec, Notary Public
r? %: Date Name and Title of Officer (e g Jane Doe Notary Publlc ) g personally appeared Joanne Burdette 6 Name($ of Signer(s)
X personally known to me - -ITlimnm to be the persor
whose name($) istaxsubscribed to the within instrum
and acknowledged to me that lxg'shemexecuted t
same inXSher/tB& authorized capacity@& and that
dQ4s/her/ttwxsignature@ on the instrument the person(
or the entity upon behalf of which the person@) act(
executed the instrument
Though the information below IS not required by law, it may prov
fraudulent removal and reattachme to another document
Description of Attached Document
Title or Type of Document: Labor and Materials and Faithful Performance Warranty Bond
Document Date: August 4, 1998 Number of Pages. 4
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Joanne Burdette
- 1 Individual 5 Individual -
-J Corporate Officer
Tit le (s) : _- L Partner - ci Limited Cl General L Partner - 2 Limited 3 General
X Attorn ey-in- Fact
0 Guardian or Conservator
_- - Attorney-in-Fact
Signer Is Representing:
American Contractors
Indemnity Company
Signer Is Representing
Reorder Call Toll Fre Prod No 5937 0 1995 Nationa Notary Assoclat on * 8236 Remmet Ave PO Box 7184 * Canoga Park CA 91309 71 84
, A
American Contractors Indemnity Company a Los Angeles, California
POWER OF ATTORNEY
INOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMF’M, a Califc (the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Joanne Burdette of San Diego, California
as its true and lawful Attorney(s)-in-fact, in amount of $-291.000.00,, to execute, seal and deliver for and on its be
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrume
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fullj
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its print
‘h Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions ad
of Directors of AMERICAN CONTRACTORS INDEMNITY COMF’ANY, at a meeting called and held on the 6th day of Dc
IU3SOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or A
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Se:
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof an
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such PO
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and f
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to
corporate seal to be Hixed by its authorized officer this 18th day of October
a
Kc9 AMERICANCONTRACTO S E 0 2 5 SEPT.26,1990 INCORPOMTED Z < By: Andy Faust, President
!STATE OF CALIFORNIA cplm* COUNTY OF LOS ANGELES
Norma Vireilio , personally appeared Andj On
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me th
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of whicl
executed the instrument.
WITNESS my hand and official seal.
October 18, 1996 before me,
- U 0
CERTIFICATION
I[, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I h; foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directon
iiS set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPM,
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revokec
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this August day of 9th
a
Albert Baumgarten, Secretar
a
a
II
9
1
a
9
a
il
1
9
9 DrnN// M&& /J
111
a
II
9
9
CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive
Carlsbad CA 92008
@a,
REP RES ENTATIO N AN D C E RTI Fl CAT1 ON
The following representation and certification shall be completed, signed and returned tc Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. Are you currently certified y CALTRANS? This offeror represents as part of this offer that the ownership. operation and control of the business, in accordance with the specific definitions listed below is:
YES NO - 2
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATIONtSk
Mark all applicable blanks. This offeror repres part of this offer that:
This firm is-, is not4 minority businesi This firm is-, is not- a woman-owned b
WOMAN-OWNED BUSINESS: A woman-ow
ness is a business of which at least 51 p owned, controlled and operated by a woman o Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management.
FIRM’S PRIMARY PRODUCTS OR SERVICE: DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by mlnority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTloN CoNTRACToR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (Le., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERRIFICATION:
dcmi5&qfL 9 I)
g-1
q074c5-/
CLASSIFICATION(S):
LlCENSE NUMBER:
TAXPAYERS I.D. NO. 5% --k’sb-ed
orrect as of the date submitted.
4)
4- Gs 01/23/98 Contract No. FAC98-12 Page 37 of 55 F
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION a
This Escrow Agreement is made and entered into by and between the City of Carlsbac
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "Ci
whose adc
he rei naftf
"Contractor" and whose ad(
hert
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fc
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of G
the contractor has the option to deposit securities with the Escrow Agent as a substi
retention earnings required to be withheld by the City pursuant to the Construction Contract
into between the City and Contractor for Swim Complex - ADA Improvements - Contr
FAC98-12 in the amount of dated (her
referred to as the "Contract"). Alternatively, on written request of the contractor, the City sh:
payments of the retention earnings directly to the escrow agent. When the Contractor depc
securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within
of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omis
the escrow agent in connection with the handling of retentions under these sections in an
not less than $100,000 per contract. The market value of the securities at the time
substitution shall be a least equal to the cash amount then required to be withheld as rt
under the terms of the contract between the City and Contractor. Securities shall be helc
name of the , and shall designate the Contractoi
beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwisc
be withheld from progress payments pursuant to the Contract provisions, provided that the
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the
agent shall hold them for the benefit of the contractor until such time as the escrow createc
this contract is terminated. The contractor may direct the investment of the paymer
securities. All terms and conditions of this agreement and the rights and responsibilities
parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the
Agent in administering the Escrow Account and all expenses of the City. These expens
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow
interest earned on that interest shall be for the sole account of Contractor and shall be SUI withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow E
only by written notice to Escrow Agent accompanied by written authorization from City to the Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractc
a
0
e= p,s 01/23/98 Contract No. FAC98-I 2 Page 38 of 55 P
7. The City shall have a right to draw upon the securities in the event of default by the Co
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escro
shall immediately convert the securities to cash and shall distribute the cash as instructec
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and c and that the Contractor has complied with all requirements and procedures applicabk Contract, the Escrow Agent shall release to Contractor all securities and interest on depl escrow fees and charges of the Escrow Account. The escrow shall be closed immediatt
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the cc pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor st Escrow Agent harmless from Escrow Agent's release, conversion and disbursement securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive
notice on behalf of the City and on behalf of Contractor in connection with the foregoi
exemplars of their respective signatures are as follows:
For City: Title
0
Name
Sign at u re
Address
For Contractor: Title 0
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrou
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers
date first set forth above.
For City: Title
Name *
e* ts 01 123198 Contract No. FAC98-12 Page 39 of 55 F
Address
Signature
For Contractor: Title e
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
*
4D
*= %# 01/23/98 Contract No. FAC98-12 Page 40 of 55 P
SPECIAL PROVISIONS 0 FOR
SWIM COMPLEX = ADA IMPROVEMENTS
CONTRACT NO. FAC98-I 2
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT
PART I, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBc
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "schl
or words of similar import are used, it shall be understood that reference is made to th
accompanying these provisions, unless stated otherwise. 0 Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar im
used, it shall be understood that the direction, designation or selection of the Engineer is ir
unless stated otherwise. The word "required" and words of similar import shall be under!
mean "as required to properly complete the work as required and as approved by the En
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", a
words of similar import are used, it shall be understood such words are followed by the ex!
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "aF
"acceptance", or words of similar import are used, it shall be understood that the a
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contract0
expense, shall perform all operations, labor, tools and equipment, and further, incluc
furnishing and installing of materials that are indicated, specified or required to mean '
Contractor, at its expense, shall furnish and install the work, complete in place and ready
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, :
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad. a
em r,s 01/23/98 Contract No. FAC98-12 Page 41 of 55 f
City Manager - the City Manager of the City of Carlsbad or hidher approved representative
Dispute Board - persons designated by the City Manager to hear and advise the City Mar
claims submitted by the Contractor. The City Manager is the last appeal level for informal
resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher approved representative.
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who ar
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
such employees have their employment taxes, State disability insurance payments, St
Federal income taxes paid and administered, as applicable, by the Contractor. When
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns o
and uses to accomplish the Work. Equipment that is owner operated or leased equipment
operator is not part of the Contractor’s Own Organization and will not be included for the pui
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator I
who is employed by neither the Contractor nor a subcontractor and is neither an agent or ei
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of ap
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract admin
and first level for informal dispute resolution.
Project Manager - the Facilities Superintendent of the City of Carlsbad or hidher ap
representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of ap
informal dispute resolution.
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SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions r
the Contractor to complete 50 percent of the contract price with its own organization, the
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 pe
the value of the work performed in excess of 50 percent of the contract price by other 1
Contractor’s own organization. The City Council shall be the sole body for determinati
violation of these provisions. In any proceedings under this section, the prime contractor
entitled to a public hearing before the City Council and shall be notified ten (IO) days in ad\ the time and location of said hearing. The determination of the City Council shall be final. 0
e= r.$ 01/23/98 Contract No. FAC98-12 Page 42 of 55 I
e 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first pa
having to do with a surety being listed in the latest revision of U.S. Department of Treasury
570.
Modify Paragraphs three and four to read: The Contractor shall provide a
performance/warranty bond and payment bond (labor and materials bond) for this contra1
faithful performance/warranty bond shall be in the amount of 100 percent of the contract pi
the payment bond shall be in the amount of 50 percent of the contract price. Both bon
extend in full force and effect and be retained by the Agency during this project until t
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount
after recordation of the Notice of Completion and will remain in full force and effect for the c
warranty period and until all warranty repairs are completed to the satisfaction of the Engine€
The payment bond shall be released six months plus 30 days after recordation of the N
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admit
authorized to transact the business of insurance in California and whose assets excec
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to cor
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by I
2) A certified copy of the certificate of authority of the insurer issued by the in
If the bid is accepted, the Agency may require a financial statement of the assets and liab
the insurer at the end of the quarter calendar year prior to 30 days next preceding the dat
execution of the bond. The financial statement shall be made by an officer's certificate as de
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statemc
be verified by the oath of the principal officer or manager residing within the United States.
other instrument entitling or authorizing the person who executed the bond to do so.
commissioner. 4D
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the S
Specifications for Public Works Construction, (SSPWC), 1994 Edition. and the 1995 ar
sutmlements thereto, hereinafter designated "SSPWC, as issued by the Southern C
Chapter of the American Public Works Association, and as amended by the Special Prl
section of this contract.
The construction plans consist of 1 set of drawings. The set is designated as City of C
Drawing No. FAC98-12 and consists of 4 sheets. The standard drawings used for this prc
the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designatec
as issued by the San Diego County Department of Public Works, together with the City of C
Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are e
as an appendix to these Special Provisions.
2-5.3.3 Submittals, add the following: When submitted for the Engineer's reviev
Drawings shall bear the Contractor's certification that he has reviewed, checked, and apprc
Shop Drawings and that they are in conformance with the requirements of the Contract Doc
The Contractor shall subscribe to and shall place the following certification on all submittals:
ew rrs 01/23/98 Contract No. FAC98-12 Page 43 of 55 f
1)
@ "I hereby certify that the (equipment, material) shown and marked in this submittal is that p
to be incorporated into this Project, is in compliance with the Contract Documents, can be i
in the allocated spaces, and is submitted for approval.
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete *I
record set of blue-line prints, which shall be corrected in red daily and show every change 1
original drawings and specifications and the exact "as-built" locations, sizes and kinds of eqt
underground piping, valves, and all other work not visible at surface grade. Prints for this ,
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and
used only as a record set and shall be delivered to the Engineer upon completion of th
Payment for performing the work required by section 2-5.4 shall be included in various bid ite
no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-1O.q Availability of Records, The Contractor shall provide copies of all records
Contractor's or subcontractor's possession pertaining to the work that the Engineer may reqL
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available
Engineer, within San Diego County, accurate books and accounting records relative tc
activities. The Engineer shall have the right to monitor, assess, and evaluate Con
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and ini
of Contractor's staff. At any time during normal business hours and as often as the Engint
deem necessary, upon reasonable advance notice, Contractor shall make available to the E
for examination, all of its records with respect to all matters covered by this Contract and wii
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and r
and to make audits of all invoices, materials, payrolls, records of personnel, and other data
to all matters covered by this Contract. However, any such activities shall be carried c
manner so as to not unreasonably interfere with Contractor's ongoing business ope
Contractor shall maintain such data and records for as long as may be required by applicat
and regulations.
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SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK. e 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decres
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that PC
em rrs 01/23/98 Contract No. FAC98-12 Page 44 of 55 F
the change, which together will all previous changes to that item is not in excess of 25 perce
total cost of such item based on the original quantity and Contract Unit Price. Adjustr
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-
Work.
3-3.2.2 ( c ) Tool and Equipment Rental, Regar
ownership, the rates and right-of-way delay factors to be used in determining rental and deli
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CAL
current at the time of the actual use of the tool or equipment. The right-of-way delay factor:
shall be used as multipliers of the rental rates for determining the value of costs for dela
Contractor and subcontractors, if any, The labor rates published therein are not a pad
contract.
3-3.2.3 Markup,
replace with the following:
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be ac
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performt
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portio
extra work and a markup of 5 percent on work added in excess of $5,000 of the subco
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Pay1
extra work will not be made until such time that the Contractor submits completed daily rep
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pz
five (5), and add the following: The Contractor shall not be entitled to the payment of any a1
compensation for any act, or failure to act, by the Engineer, including failure or refusal to
change order, or for the happening of any event, thing, occurrence, or other cause, unless
have first given the Engineer due written notice of potential claim as hereinafter SI
Compliance with this section shall not be required as a prerequisite to notice provisions in St
7.3 Contract Time Accounting, nor to any claim that is based on differences in measure
errors of computation as to contract quantities. The written notice of potential claim for (
conditions shall be submitted by the Contractor to the Engineer upon their discovery and pril
time that the Contractor performs the work giving rise to the potential claim. The Contractor
to give written notice of potential claim for changed conditions to the agency upon their d
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a descriptior
particular circumstances giving rise to the potential claim, the reasons for which the Cc
believes additional compensation may be due and nature of any and all costs involved cn
working days of the date of service of the written notice of potential claim for changed co
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second paragraph, modify as follows:
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSP
Work by Contractor. The following percentages shall be added to the Contractoi
2) Materials ............................. 15
3) Equipment Rental ................... 15
*
add the following after the second sentence:
0
em
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Cla
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the C
False Claims Act, Government Code sections 12650-1 2655. The undersigned further undf
and agrees that this potential claim, unless resolved, must be restated as a claim in respons
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Cc
shall submit substantiation of its actual costs to the Engineer within 20 working days i
affected work is completed. Failure to do so shall be sufficient cause for denial of ar
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by i
the contract be brought to the attention of the Engineer at the earliest possible time in or.
such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written n
potential claim prior to commencing any disputed work. Failure to give said notice shall con:
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the co
shall attempt to resolve all disputes informally through the following dispute resolution c
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion
disputed work stating its position on the claim, the contractual basis for the claim, along
documentation supporting the costs and all other evidentiary materials. At each level of c
appeal of claim the City will, within 10 working days of receipt of said claim or appeal o
review the Contractor’s report and respond with a position, request additional information or
that the Contractor meet and present its report. When additional information or a mec
requested the City will provide its position within 10 working days of receipt of said ad
information or Contractor’s presentation of its report. The Contractor may appeal each
position up to the City Manager after which he may proceed under the provisions of the
Contract Code.
The authority within the dispute resolution chain of command is limited to recommer
resolution to a claim to the City Manager. Actual approval of the claim is subject to the chang
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance \n
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (comment,
Section 201 04) which is set forth below:
4- \# 01/23/98 Contract No. FAC98-12 Page 46 of 55 F
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II) command:
.I)
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ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five ti
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractc
public agency when the public agency has elected to resolve any disputes pursuant to Ar
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code
that "public work" does not include any work or improvement contracted for by the state
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pay
money or damages arising from work done by, or on behalf of, the contractor pursuan
contract for a public work and payment of which is not otherwise expressly provided foi
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by t
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specii
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate thc
Claims must be filed on or before the date of final payment. Nothing in this subdivision is inte
extend the time limit or supersede notice requirements otherwise provided by contract for t
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall res1
writing to any written claim within 45 days of receipt of the claim, or may request, in writing
30 days of receipt of the claim, any additional documentation supporting the claim or reli
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuan
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be subn
the claimant within 15 days after receipt of the further documentation or within a period of
greater than that taken by the claimant in producing the additional information, whichever is c
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three 1
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of re
the claim, any additional documentation supporting the claim or relating to defenses to the cl
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuan
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be subw
the claimant within 30 days after receipt of the further documentation, or within a period of 1
greater than that taken by the claimant in producing the additional information or rec
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to r
within the time prescribed, the claimant may so notify the local agency, in writing, either WI
days of receipt of the local agency's response or within 15 days of the local agency's fa
respond within the time prescribed, respectively, and demand an informal conference to mt
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schc
e- ts 01/23/98 Contract No. FAC98-12 Page 47 of 55 P
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meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispi
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Ct
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Ca
purposes of those provisions, the running of the period of time within which a claim must
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivi
until the time that claim is denied as a result of the meet and confer process, including any p
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor :
construed to change the time periods for filing tort claims or actions specified by Ch
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, tt
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both
The mediation process shall provide for the selection within 15 days by both partic
disinterested third person as mediator, shall be commenced within 30 days of the submit
shall be concluded within 15 days from the commencement of the mediation unless
requirement is extended upon a good cause showing to the court or by stipulation of both p:
the parties fail to select a mediator within the 15-day period, any party may petition the I
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pur:
Chapter 2.5 (commencing with Section 1 141. IO) of Title 3 of Part 3 of the Code of Civil Pro
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (A
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil pro
shall apply to any proceeding brought under the subdivision consistent with the rules perta
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap
for purposes of this article shall be experienced in construction law, and, upon stipulatior
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pa
exceed their customary rate, and such fees and expenses shall be paid equally by the
except in the case of arbitration where the arbitrator, for good cause, determines a different (
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the (
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo b
not obtain a more favorable judgment shall, in addition to payment of costs and fees unc
chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the medi
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is unc
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is f
court of law.
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arbitration process.
a
e= +# 81 123198 Contract No. FAC98-12 Page 48 of 55 F
SECTION 4 - CONTROL OF MATERIALS e 4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free ai
access to any and all parts of work at any time. Contractor shall furnish Engineer wil
information as may be necessary to keep the Engineer fully informed regarding progre
manner of work and character of materials. Inspection or testing of the whole or any portioi
work or materials incorporated in the work shall not relieve Contractor from any obligation
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisil
Agency will bear the cost of testing materials andlor workmanship where the results of su
meet or exceed the requirements indicated in the Standard Specifications and the
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approve(
before the delivery is started. All materials proposed for use may be inspected or tested at :
during their preparation and use. If, after incorporating such materials into the Work, it is foi
sources of supply that have been approved do not furnish a uniform product, or if the prodi
any source proves unacceptable at any time, the Contractor shall furnish approved mater
other approved sources. If any product proves unacceptable after improper storage, handlir
any other reason it shall be rejected, not incorporated into the work and shall be removed I
project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exc
requirements of the specifications shall be borne by the Agency. Said tests may be made
place along the work as deemed necessary by the Engineer. The costs of any retest:
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible '
satisfactory performance of substituted items. If, in the sole opinion of the Engine€
. substitution is determined to be unsatisfactory in performance, durability, compatibilit
associated items, availability of repair parts and suitability of application the Contract0
remove the substituted item and replace it with the originally specified item at no cost
Agency.
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SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a
of known records, endeavored to locate and indicate on the Plans, all utilities which exist wi'
limits of the work. However, the accuracy and/or completeness of the nature, size and/or loc
utilities indicated on the Plans is not guaranteed.
54 RELOCATION. Add the following: In order to minimize delays to the Contractor cai
the failure of other parties to relocate utilities that interfere with the construction, the Cor
upon request to the Engineer, may be permitted to temporarily omit the portion of work affe
the utility. Such omission shall be for the Contractor's convenience and no additional compe
will be allowed therefor. The portion thus omitted shall be constructed by the Cor
immediately following the relocation of the utility involved unless otherwise directed by the En
*- ts 01/23/98 Contract No. FAC98-12 Page 49 of 55 F
e
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
m
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsect
and substitute the following: The Contractor shall begin work within& calendar day
receipt of the “Notice to Proceed”. Work must be completed between August 30, 19!
October 10,1998.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s prep
revision and maintenance of the Construction Schedule are incidental to the work and no SI
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipmi
materials, and performing all operations necessary to complete the Project Work as shown
Project Plans and as specified in the Specifications. The work includes various facility alte
to comply with required ADA Improvements.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The
Representative shall be the individual determined under section 7-6, “The Coni
Representative”, SSPWC. No separate payment for these meetings will be made. @
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide
notice to the Engineer within two hours of the beginning of any period that the Contractor has
any workers or equipment on standby for any reason that the Contractor has determine(
caused by the Agency or by any organization that the Agency may otherwise be obligated I
Contractor shall provide continuing daily written notice to the Engineer, each workin
throughout the duration of such period of delay. The initial and continuing written notice
include the classification of each workman and supervisor and the make and model of each F
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opi
the cause of the delay and a cogent explanation of why the Contractor could not avoid the d
reasonable means. Should the Contractor fail to provide the notice(s) required by this sed
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecu
work to completion within 45 working days after the starting date specified in the Notice to Prc
6-7.2 Working Day. Unless otherwise approved in writing by the En
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays t
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval
Engineer if the Contractor desires to work outside said hours or at any time during weekends
holidays. This written permission must be obtained at least 48 hours prior to such worl
Engineer may approve work outside the hours and/or days stated herein when, in his/hi
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agenc
e- rrs 01/23/98 Contract No. FAC98-12 Page 50 of 55 P
Add the following:
@
Contractor shall pay the inspection costs of such work.
No work shall be performed by the contractor after the normal workina hours stated abok
Contractor shall incorporate the dates, areas and types of work prohibited in this sectio
Construction Schedule required by section 6.1. No additional payment, adjustment of bid F
adjustment of contract time of completion will be allowed as a consequence of the prohi
work being performed within the dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted
(1) year after recordation of a "Notice of Completion" and any faulty work or materials disc
during the warranty period shall be repaired or replaced by the Contractor, at its expense. 1
five percent of the faithful performance bond shall be retained as a warranty bond for the or
warranty period.
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6-9 LUQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first SI
of the second paragraph and add the following: For each consecutive calendar day in e>
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contraci
pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00)
Execution of the Contract shall constitute agreement by the Agency and Contractor that $50(
day is the minimum value of costs and actual damages caused by the Contractor to comp
Work within the allotted time. Any progress payments made after the specified completion d:
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insun
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and author
conduct business in the state of California and are listed in the official publication of the Depq
of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance i:
placed with insurers that are admitted and authorized to conduct business in the state of C;
and are listed in the official publication of the Department of Insurance of the State of Ca
Policies issued by the State Compensation Fund meet the requirement for workers' compe insurance.
7-5 PERMITS. Except as specified herein the age
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building
necessary to perform work for this contract on Agency property, in streets, highways (excel
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work I
permits incidental to the work are obtained. The Contractor shall obtain and pay for all perf
the disposal of all materials removed from the project. The cost of said permit(s) shall be ir
in the price bid for the appropriate bid item and no additional compensation will be allowed thc
e
Modify the first sentence to read:
7-7 COOPERATION AND COLLATERAL WORK.
7-8 PROJECT SITE MAINTENANCE.
0 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required
shall also be executed on weekends and other non-working days when needed to prese
em \# 01/23/98 Contract No. FAC98-12 Page 51 of 55 P
health safety or welfare of the public. The Contractor shall conduct effective cleanup a
control throughout the duration of the Contract. The Engineer may require increased I
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the healtl
and welfare of the public. Cleanup and dust control shall be considered incidental to the
work that they are associated with and no additional payment will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be e
with mufflers in good repair when in use on the project with special attention to the Cil
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
@
7-10 PUBLIC CONVENIENCE AND SAFETY.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all ne
precautions for the safety of employees on the work and shall comply with all applicable pr
of Federal, State and Municipal safety laws and building codes to prevent accidents or I
persons on, about, or adjacent to the premises where the work is being performed. The Co
shall erect and properly maintain at all times, as required by the conditions and progres!
work, all necessary safeguards for the protection of workers and public, and shall use dangc
warning against hazards created by such features of construction as protruding nails, hoi:
holes, and falling materials.
0 SECTION 9 -- MEASUREMENT & PAYMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mor
Engineer will make an approximate measurement of the work performed to the closure c
basis for making monthly progress payments. The estimated value will be based on contr:
prices, completed change order work and as provided for in Section 9-2 of the St
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calend:
after the closure date. Five (5) working days following the closure date, the Enginee
complete the detailed progress pay estimate and submit it to the Contractor for his infort
Should the Contractor assert that additional payment is due, the Contractor shall within te
days of receipt of the progress estimate, submit a supplemental payment request to the Er
with adequate justification supporting the amount of supplemental payment request. Upon I
of the supplemental payment request, the Engineer shall, as soon as practicable after r
determine whether the supplemental payment request is a proper payment request.
Engineer determines that the supplemental payment request is not proper, then the reque:
be returned to the Contractor as soon as practicable, but not later than seven (7) days after r
The returned request shall be accompanied by a document setting forth in writing the reasoi
the supplemental payment request was not proper. In conformance with Public Contracl
Section 20104.50, the City shall make payments within thirty (30) days after receipt
undisputed and properly submitted supplemental payment request from the Contractor. If p;
of the undisputed supplemental payment request is not made within thirty (30) days after rec
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate sf
in subdivision (a) of Section 685.010 of the Code of Civil Procedure. I)
*m p,s 01/23/98 Contract No. FAC98-12 Page 52 of 55 F
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agenc
retain 10 percent of such estimated value of the work done and 10 percent of the value of ml
so estimated to have been furnished and delivered and unused or furnished and sto
aforesaid as part security for the fulfillment of the contract by the Contractor, except that
time after 20 percent of the work has been completed, if the Engineer finds that satis
progress is being made, the Agency may reduce the total amount being retained from Pi
pursuant to the above requirements to 5 percent of the total estimated value of said wc
materials and may also reduce the amount retained from any of the remaining partial paym
5 percent of the estimated value of such work and materials. In addition, on any partial pi
made after 95 percent of the work has been completed, the Agency may reduce the i
withheld from payment pursuant to the requirements of this Section to such lesser amounts
Engineer determines is adequate security for the fulfillment of the balance of the work an1
requirements of the contract, but in no event will said amount be reduced to less than 125 I
of the estimated value of the work yet to be completed as determined by the Engineer.
reduction will only be made upon the written request of the Contractor and shall be apprc
writing by the surety on the Performance Bond and by the surety on the Payment Bonc
approval of the surety shall be submitted to the Engineer; the signature of the person execui
approval for the surety shall be properly acknowledged and the power of attorney authorizi
to give such consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspecl
Engineer will make a Final Payment Estimate and process a corresponding payment. This e
will be in writing and shall be for the total amount owed the Contractor as determined
Engineer and shall be itemized by the contract bid item and change order item with quanti1
payment amounts and shall show all deductions made or to be made for prior paymei
amounts to be deducted under provisions of the contract. All prior estimates and progress pz
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate t
written statement disputing any bid item or change order item quantity or payment amour
Contractor shall provide all documentation at the time of submitting the statement suppo
position. Should the Contractor fail to submit the statement and supporting documentatio
the time specified, the Contractor acknowledges that full and final payment has been mad
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned ti
Engineer will review the disputed item within 30 calendar days and make any app
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascer
basis and amount of said claims. The Engineer will consider and determine the Contractor’:
and it will be the responsibility of the Contractor to furnish within a reasonable time such
information and details as may be required by the Engineer to determine the facts or coni
involved in its claims. Failure to submit such information and details will be sufficient M
denying the claims.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submittec
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire projf
claim will be considered that was not included in this written statement, nor will any claim be
for which written notice or protest is required under any provision of this contract including E
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4
*
0
a
4-m E# 01/23/98 Contract No. FAC98-12 Page 53 of 55 F
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compl
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce
basis and amount of said claims. The Engineer will consider and determine the Contractor’
and it will be the responsibility of the Contractor to furnish within a reasonable time sucl
information and details as may be required by the Engineer to determine the facts or cor
involved in its claims. Failure to submit such information and details will be sufficient c
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written state
further information, whichever is longer, for those claims approved by the Engineer. The Cc
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for thos
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work will be included in the progress estimate.
e
The cost of materials and equipment delivered but not incoi
0
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4- %# 01/23/98 Contract No. FAC98-12 Page 54 of 55 F
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS * CONSTRUCTION PART 2
CONSTRUCTION PLAN FAC98-I2
II)
a
e- \# 01/23/98 Contract No. FAC98-12 Page 55 of 55 F
f7
J&N 289 1999 323
e Po !A u
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
OFFIClkL PECOF’DS
GREGORY s. SiiiITMl COUNTY RECGPI)EI FEES:: 0.a
Sal4 BEEGC! CNNVY EE~=URDEP’S CIFFEI
Carlsbad CA 92008 $816 g
I L’
i’d i
* >/ * ‘, L
1999-0050260
NOTICE 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 iuii name of the undersigned is City of Carisbaa, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, Californ
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 Octo1
1998.
6. The name of the contractor, if any, for such work of improvement is Wharton General
Contractors.
7. The property on which said work of improvement was completed is in the City of Carts
County of San Diego, State of California, and is described as follows:
Community Swim Complex ADA Improvements - Contract No. FAC98-12.
8. The street address of said property is:
Community Swim Complex, 3401 Monroe St., Carlsbad CA 92008
CITY OF CARLSBAD
i UJL
Charles Walden
Facilities Superintendent
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 920(
City Council of said City on January 26 , 1999 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 January 27 , 1999 at Carlsbad, California