HomeMy WebLinkAboutGould Building Contractors Inc; 2003-05-23; PWS03-18FACDOC # 2003-1156155
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008 dB
OFFICIAL RECORDS SAN DIEGO C("Y RECORDER'S OFFICE HEGORY J. SNITHi CoUNpl RECORDER FEES: 0.00
If Space above for Recorder's use
'6 NOTICE OF COMPLETION
Notice is hereby given that:
1.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on July 14, 2003.
6. The name of the contractor, if any, for such work of improvement is Gould Building Contractors
Inc.
7. The property on which said work of improvement was completed is in the City of Carlsbad, County
of San Diego, State of California, and is described as follows:
The undersigned is owner of interest or estate stated below in the property hereinafter described.
Contract No. PKS03-03
Reconstruction of Trellis and Historical Shelter.
3420 Camino de 10s Coches, Carlsbad, California 92009 8. The street address of said property is:
CITYOFCARLSBAD n
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the City
,2003 accepted the above work as completed
and ordered that a Notice of Completion be filed.
MANAGERwOf said City on Septenber 16
I declare under penalty of perjury that the foregoing is true and correct.
Executed on Septenber 19, , 2003 at Carlsbad, California
CITY OF CARLSBAD
51: Janice Breitenfeid
Deputy City Clerk
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for the Reconstruction of Trellis and Historical Shelter PKS 03-03 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Replace wood trellis covers and repair Historical Shelter. $51,325.50
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described
improvements .
APPROVED AS TO FORM: &A*
Ronald R. Ball, City
&A*
Ronald R. Ball, City Attorqe)//
Word\Masters\Forms\Acceptance of Public Improvements (City)
-~ ~__
SEP 1 6 2003
Date
3/9/98
CITY OF CARLSBAD
San Diego County
Calif srnia
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS --
FOR
7
I
c
_c
Reconstruction of 'Trellis
And
Historic Shelter
CONTRACT NO. FKSO3-03
Fb'3G3-i 8FAC
TABLE OF CONTENTS
Notice Inviting Bids ........................................................................................................................ 4
Contractor's Proposal .................................................................................................................... 8
Bid Security Form .......................................................................................................................... 12
Bidder's Bond To Accompany Proposal ........................................................................ i.. ............
Item Paae -
13
Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's
Bid Items" and "Designation of Owner OperatorlLessor and Amount Of Owner OperatodLessor - Work" Forms .........................................................................................................................
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............
Bidder's Statement Of Financial Responsibility ............................................................................
Bidder's 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 ..........................................................................................
Bidder's Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works ..................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful PerformanceiWarranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
..
SUPPLEMENTAL PROVISIONS
Part 1
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
General Provisions
Terms, Definitions Abbreviations And Symbols
Terms ....................................................................................................................
Definitions .............................................................................................................
Abbreviations ........................................................................................................
I
Scope And Control Of The Work
Subcontracts .........................................................................................................
Contract Bonds ..................................................................................................... ,
15
17
18
19
20
21
22
23
25
26
32
34
36
39
39
40
41
41
-- (3 Revised 07/29102 Contract No. PKS03-03 Page 2 of 58 Pages
.
2-5 Pl.ans And Specifications ......................................................................................
2-9 Surveying ..............................................................................................................
2-1 0 Authority Of Board And Engineer .........................................................................
Section 3 Changes In Work
3-2 Changes Initiated by the Agency ..........................................................................
I 3-3 Extra Work ............................................................................................................
3-4 Changed Conditions .............................................................................................
3-5 Disputed Work ......................................................................................................
-
6
.
-4 Section 4 Control Of Materials
4- I
4-2
Section 5 Utilities
5- 1 Location .................................................................................................................
5-4 Relocation .............................................................................................................
Materials And Workmanship .................................................................................
Materials Transportation. Handling and Storage .................................................. -
I
Section 6 Prosecution. Progress And Acceptance Of The Work - 6- 1 Construction Schedule And Commencement Of Work ........................................
6-2 Prosecution Of Work .............................................................................................
6-6 Delays And Extensions Of Time ...........................................................................
6-7 Time of Completion ...............................................................................................
6-8 Completion And Acceptance ................................................................................
6-9 Liquidated Damages .............................................................................................
Section 7
7-3 Liability Insurance .................................................................................................
7-4 Workers' Compensation Insurance ......................................................................
7-5 Permits
7-8 Project Site Maintenance ......................................................................................
7-1 0 Public Convenience And Safety ........................................................................... - 7-1 3 Laws To Be Observed ..........................................................................................
.
. Responsibilities Of The Contractor I
- ..................................................................................................................
Section 9 Measurement and Payment
. 9-1 Measurement Of Quantities For Unit Price Work .................................................
9-3 Payment ................................................................................................................
..
.
.
.
. e*
Revised 07/29/02 Contract No . PKSO3-03 Page 3 of 58 Pages
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on April 1 , 2003, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: remove and install new framing at historic
shelter and two trellises.
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the General Services Department, Facilities
Maintenance Division. The specifications for the work include the Standard Specifications for Public
Works Construction. 1997 Edition, and the 1998 and 1999, the most recent supdements thereto, all
hereinafter designated “SSPWC as issued by the Southern California Chapter of the American
Public Works Association and as amended by the supplemental provisions sections of this contract.
Reference is hereby made to the plans and specifications for full particulars and description of the
work.
-c - The City of Carlsbad encourages the participation of minority and women-owned businesses.
c-
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder‘s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (1 0) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
The documents which comprise the Bidder‘s proposal and that must be completed and properly
executed including notarization where indicated are:
Revised 07/29/02 Contract No. PKS03-03 Page 4 of 58 Pages
1.
2.
3.
4.
-
c
-.
5.
6.
7.
-
Contractor's Proposal Bidder's Bond Non-Collusion Affidavit Designation of Subcontractors
and Amount of Subcontractor Bid Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work
Bidder's Statement of Financial Responsibility Bidder's Statement of Technical Ability and
Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder' s Statement Re Debarment
1 1 .Bidder's Disclosure Of Discipline Record
12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder
wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$60,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid (does not) involve federal
funds. The following classifications are acceptable for this contract: A or B
-
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
_I -
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $50.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
- The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Ofice of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
-
-
Contract No. PKS03-03 Page 5 of 58 Pages .3 - b Revised 07/29/02
employed by him or her in the execution of the Contract.
c
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held at Stanecoach Park, 3420
Camino de 10s Coches at 1:00 PM March 13,2003.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
em '4 Revised 07/29/02
-
Contract No. PKS03-03 Page 6 of 58 Pages
I Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner. -
I
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
- Date
LL - Deput)l City Clerk
e Revised 07/29/02 Contract No. PKS03-03 Page 7 of 58 Pages
CITY OF CARLSBAD
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
*-
CONTRACTOR’S PROPOSAL
City Council ’
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. PKS03-03 Reconstruction of Trellis and Historic Shelter
in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that
he/she will take in full payment therefor the following unit prices for each item complete, to wit:
--
-
-+
I tem - No. DescriDtion
c-
c
SCHEDULE “A” IMPROVEMENTS
Approximate
Quantity Unit
and Unit Price - Total
A-1 Remove all wood framing LS $ 8,525.00 $ 8,525.00
from trellis. Remove all wood
framing, beams, joists,
plywood etc from Historic
Shelter to the dimensions
shown on plans.
Ziqht Thousand Five Hundred
Twentv Five Dollars Dollars (Lump Sum)
A-2 Install all concrete and LS $ 7,516.00 $ 7,516.00
masonry.
Seven Thousand Five Hundred
Sixteen Dollars
Dollars (Lump Sum)
A-3 Install all framing, sheeting LS $25,455.00 $ 25,455.00
and all wood and hardware
for two trellises and Historic
Shelter. Twenty Five Thousand
Four Hundred Fifty Five
Dollars (Lump Sum)
Revised 07/29/02 Contract No. PKS03-03 Page 8 of 58 Pages
.. I
--
I Item - No.
-.-
. .. .
c-
A4
Description
Approximate
Quantity Unit
and Unit - Price - Total
Paint and perform finish work LS $- $ 6,244,OO for two trellises and Historic
Shelter.
Six Thbdsanil Tw6
Hundred Forty Four
Dollars (Lump Sum)
:Q3Qt1033U CINV 03SS3NllM ‘03N3d0
Total amount of bid in words for Schedule ”A: Forty ’even Thousand
Se-dred Fortu”Dol1ars
Total amount of bid in numbers for Schedule “A”: $ 4 7 7 4 0 .O 0
Price@) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). Flon e
proposal.
hadhave been received and islare included in this
The Undersigned has carefully checked all of the above figures and understands that the City will not
be.responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number 7 2 94 4 5 , classification B which expires on , and that this statement is true and correct and has the legal effect of
an affidavit.
11 /30/2004
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Revised 07/29/02 Contract No. PKS03-03 Page 9 of 58 Pages
-_ Accompanying this proposal is a surety bond (Cash, Certified Check, Bond 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 requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete. _-
I
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1 , Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
/- IF A PARTNERSHIP, SIGN HERE:
--
(I) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
____~
-*
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.'
IF A CORPORATION. SIGN HERE:
c <3 Revised 07/29/02 Contract No. PKSO3-03 Page 10 of 58 Pages
-.
* -. Impress Corporate? Seal here
(3) Incorporated under the laws of the State of cJ, GI,;
(Street and Number)
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
e= \# Revised 07/29/02 Contract No. PKS03-03 Page 11 of 58 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r
State of California I
County of
Name d Tltle of Officer (e.g , “Jane Doe, Notary Pu$ic’)
On MGA Dale 3 /,a- before me, Q- &
personally appeared a&/ 4, G3 “4 (d Namels) 01 Signer(s)
personally known to me
Wroved to me on the basis of satisfactory
evidence
to be the person(y whose name($ Elb
subscribed to the within instrument and
acknowledged to me that @behey executed
the same in -ir authorized
capacity(ie and that by mir
signature(yon the instrument the person(@, or
the entity upon behalf of which the person(@
acted, executed the instrument.
WITNESS my hand and official seal.
OPTlONA L
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: 8 1 P4m- I
Document Date: 3- Number of Pages: 4
Signer(s) Other Than Named Above: u*
Capacity(ies) Claimed by Signer
! Signer’s Name: JIJ .A Ch
0 Individual
&orPorate Officer - Title(+
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Trustee
0 Guardian or Conservator
0 Other:
Q 1999 Nalimal Notary Associalion * 9350 De Sot0 Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 - www.natlonalnotary.org Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827
License Detail
California Home
IClass(.
kl
Page 1 of 2
Tuesdav. AorilO1.2003
~~ Description ~I,GENERAL BUILDING CONTRACTOR
PAINTING AND DECORATING
License Detail CALIFORNIA CONTRACTORS STATE LIC ENSE BOARD
Contractor License # 729445
r DISCLAIMER A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124-.5). If this entity is
subject to public complaint disclosure, an icon will appear below. Click on the
icon to obtain additional complaint information.
Per B&P 7071.17, only construction related civil judgments known to the CSLB are disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of
the arbitration.
Due to workload, there may be relevant information that has not yet been entered
onto the Board's license data base.
Extract Date: 04/01/2003
* * * Business Information * * *
GOULD BUILDING CONTRACTORS INC
SAN MARCOS, CA 92069
Business Phone Number: (760) 471 -0421
Entity: Corporation
Issue Date: 11/08/1996 Expire Date: 11/30/2004
* * * License Status * * *
81 0-E LOS VALLECITOS BLVD
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
~~~~ ~~ ~
* * * Certifications * * *
llcertll DescriDtion II
!HlC !]HOME IMPROVEMENT CERTlFICATION1I
4/1/2003
License Detail Page 2 of 2
c * * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 21613 in the
amount of $7,500 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 10/01/1998
--- Contractor'sBondina History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) DAVID ALDRICH GOULD certified that he/she owns 10 percent or more of the voting
stock/equity of the corporation. A bond of qualifying individual is not required.
Effective Date: 1 1 /08/1996
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 046-0012221 Effective Date: 0911 3/2002 Expire Date: 09/12/2003
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
4/1/2003
Personnel List Page 1 of 1
California Home Tuesday, April 01,2003
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 729445
Click on the person's name to see a more detailed page of information on that person.
Name
DAVID ALDRICH
GOULD
MARY ELIZABETH
GOULD
Association Disassociation More
Date Date Class Title
RMO/P/T 1 1/08/1996
v/s 1 1/08/1996
B More
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
Q 2002 State of California. Gray Davis. Governor. Conditions of Use Privacy Policy
http://www2 .cslb.ca. gov/CSLB-LIBRARY/Personnel+List. asp?LicNum=729445 4/1/2003
->
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
KNOW ALL PERSONS BY THESE PRESENTS:
Thatwe,Gould Buildinq Contractors. Tnc, , as Principal, and Insurance Company ,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) ten Dercent nf mnt hl for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
Contractors Bonding and
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
Reconstruction of Trellis and Historic Shelter, Contract No. PKS03-03
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
... -. . ..
...
...
... ...
...
...
... ... ... ...
... ... ... ...
Revised 07/29/02 Contract No. PKS03-03 Page 13 of 58 Pages
In'the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
Tot exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 28th day of March ,2003 .
PRI NCI PAL:
(print name here)
kksl Q,+ /z&Gyd.ced ~
(Title and Orgynizatiopof Signatory)
*
(print name here)
(title and organization of dignatory)
Executed by SURETY this 28th day of March ,2003 .
SURETY:
Contractors Bonding and Insurance Company
name of Surety) \ 11 Pacifica #350
Irvine, CA 92618
(address of Surety)
949-341-9110
(telephonepmber of Surety)
rccc-
By: >
(signature ofhttorney-in-Fact)
Anne Wright
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
(3 Revised 07/29/02 Contract No. PKS03-03 Page 14 of 58 Pages
e- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
/c
rc-
State of California I
W I ss. County of
On hL 31; ha3
personally appeared
before me, RQ fY-6 c de@ I Name yfd ntle of Officer (e g "Jane &e, Notary Public") f Date dL - Name@) of Signer@)
On hL 31; ha3 before me, RQ fY-6 c de@ I Name yfd ntle of Officer (e g , "Jane &e, Notary Public") f *I Date
personally appeared 36 vlr'lI.u UULU -
0 ersonally known to me
evidence
2 proved to me on the basis of satisfactory
to be the person(^ whose name(#*
subscribed to the within instrument and
acknowledged to me that my executed
the same in @hdtheir authorized
capacity(iefX and that by @&8!4kir
signature(#on the instrument the person@, or
the entity upon behalf of which the personp)
acted, executed the instrument.
OPTIONAL
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 reatlachment of this form to another document.
Description of Attached Document
Document Date: 3-2&4 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: .Dc~&- .k GdA
0 Individual
@Corporate Officer - Title(s):
O Partner - 0 Limited 0 General I I 0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
0 1999 National Notary Association - 9350 De Soto Ave., P.0. Box 2402 * ChatswoIib CA 91313-2402 * w.nationalnotary.org Prod. No 5907 Reorder: Call Toil-Free 1-800-876-6827
r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
County of
before me,/eli L. d-,~, .A%#m/
Date Name and Title of Officir (e g , "Jane 06, Notary Public")
personally appeared //-/ . fi/,zef&? (7 dd
Name@) of Signer@)
r
s
tory PuMic - Califom
Place Notary Seal Above
0 personally known to me p proved to me on the basis of satisfactory
evidence
to be the personp whose namelrd) is/-
subscribed to the within instrument and
acknowledged to me that.be/she/tbq executed
the same in hs/her/W authorized
capacity-, and that by kislherlt-bek
signature@ on the instrument the person@$, or
the entity upon behalf of which the person0
acted, executed the instrument.
WlTNEsmy ha-d official seal.
I Signature of Notary Public
OPT10 NA L
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.
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: 'r Signer Is Representing: u
0 1997 National Notary Association . 9350 De Soto Ave., PO. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
*r . Bid Bond
CONTRACTORS BONDING AND INSURANCE COMPANY - NOTICE - TERRORISM COVERAGE FOR CERTIFIED ACTS OF TERRORISM
NOTICE - NO PREMIUM CHARGE
This Notice is required pursuant to the federal Terrorism Risk Insurance Act of 2002. For renewing policies of
insurance, this Notice applies upon renewal too unless superseded by a written notice specifically so providing.
There is no need to respond to this Notice.
You are hereby notified that under the Terrorism Risk Insurance Act of 2002 (the “Act”), effective November 26,
2002, you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in
Section 102( 1) of the Act. Under the Act, the term “act of terrorism” means any act that is certified by the
Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States
- to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure;
to have resulted in damage within the United States, or outside the United States in the case of an air carrier or
vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting
on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United
States or to influence the policy or affect the conduct of the United States Government by coercion. No act of
terrorism can be certified, however, if resulting property and casualty insurance losses in the aggregate do not
exceed $5,000,000.
In this Notice, we refer to an act of terrorism covered under the Act as a certified act of terrorism. We have
decided to provide insurance coverage for certified acts of terrorism only at no charge, even though by federal - law we are only required to notify you of your right to purchase the coverage.
Our Policy contains an exclusion of losses caused by terrorism, but the Act provides an exception from that exclusion
for losses resulting from a certified act of terrorism. Non-certified acts of terrorism remain excluded in our
Policy, and the Policy’s other provisions still apply to any certified act of terrorism. This Notice may also serve as
an endorsement when attached to our Policy if there is no other specific endorsement contained in our Policy
dealing with coverage for a certified act of terrorism.
Additional Information for Policyholders with policies providing fire insurance in the States of: Arizona,
California, Idaho, Oregon and Washington
The existing terrorism exclusion makes an exception for (and thereby continues coverage for) fire losses resulting
from terrorism. Therefore, the coverage in our Policy for such fire losses will continue.
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES
Coverage provided by our Policy for losses caused by certified acts of terrorism is partially reimbursed by the
United States under a formula established by the Act. Under this formula, the United States pays 90% of covered
terrorism losses exceeding the statutorily established deductible paid by us as the insurance company providing the
coverage. The premium charge by us for this coverage for certified acts of terrorism is zero. There may be a
charge at some future point in time if the Federal Government pays a loss for the portion of loss covered by the
Federal Government under the Act.
c
Form 1
h’otTERR.0 1 -US01 2203
.. Certificate of Appointment and Resolutions of the Board of Directors’
The undersigned President and Secretary of Contractor5 Bonding and Insurance Company hereby certify that the
President has appointed the Attorney(r)-in-l:act identified on the front side of this power of attorney, under and b,
the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance
Company at a meeting duly held on December 15, 1993:
13
RESOLVE,I), that the CEO, President, CFO, any Vice President, Secretary or any Assistant
Secretary, and any other employee as may be specifically authorized by a particular board resolution
(hereafter “Authorized Officer or Employee”) may appoint attorneys-in-fact or agents with authority
as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of
the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings,
recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may
remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to
such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall
be valid and binding upon the Company:
(i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal
be required); or
(ii) when signed by the Authorized Officer or Employee, and countersigned and sealed
(if a seal be required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the
power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of
the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing
the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of
the Company (unless otherwise specified in the power of attorney itself); and such signature and seal
when so used shall have the same force and effect as though manually affixed.
RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers
of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney
previously or in the future approved by the Board of Directors, including, but not limited to, so called
“fax or facsimile powers of attorney”, where the entire power of attorney is a facsimile, remain in full
force and effect; and that one form of a power of attorney may be attached to one bond (for example,
the form for which this resolution is a part may be attached to a bid bond), and another form of power
of attorney may be attached to another bond (for example, a fax power of attorney may be attached to
the final bond for a project for which the different form of power was attached to the bid bond)
without affecting the validity of either power of attorney or bond.
3
IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 1st day of Janyary, 1994.
Attest: Kevin L. Lybeck, Secretary State of Washington V - County of King
On January lst, 1994 before me, Molly A. Hudspeth Notary Public, personally appeared Steven A. Gaines and Kevin L.
Lybeck, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowl-
ehged time all that they executed the sanie in their authorized capacities and
behalf of which they acted executed the instrument.
WITNESS my hand and official seal.
Signature (seal) Molly A. Hudspeth, h’otary Public
that by their signatures the entity upon
‘C _*’
State of California
Countyof Sari Diego
on March 28, 2003
personally appeared 7 I
XI personally known to me - OR - 5 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
before me, _~iiancv I. Truss0 .. Notarv Public
Date Name and Title of Officer (e.g.. "J&e Doe. Noiary Public")
CONIM. # 1327166 'p executed the instrument.
NOTARY PUBLIC-CALIFORNIA 6
SAN DlEGO COUNTY a My Cmrn Exp Oct 28.2005 1 WITNESS my hand and official seal.
Lk& Signature of Notary Public
OPTlONA L
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: Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Anne Wright
Individual
0 Corporate Officer
Tit I e (s) :
0 Partner - 0 Limited C General
Attorney-in-Fact
c! Trustee
0 Guardian or Conservator
ill Other:
Signer Is Representing:
Contractors Bonding and
Insurance Conmanv
iBlE5mi Top of thumb he*e
Signer's Name:
0 Individual
0 Corporate Officer
Title (s) :
7 Partner - 0 Limited E General
Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
~~
Signer Is Representing:
iE@Ewi Top of thumb here
Reorder: Call Toll-Free 1-800-876-6827 0 1995 National Notary Association 8236 Aemmet Ave.. PO. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907
Company Profile Page 1 of 2
..--
Company Profile n
CONTRACTORS BONDING AND INSURANCE
COMPANY
P 0 BOX 9271
SEATTLE, WA 98 109-027 1
800-765-2242
Former Names for Company
CONTRACTORS BONDING AND INSURANCE
COMPANY
Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992
Agent for Service of Process
JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017
Unable to Locate the Arrent for Service of Process?
Reference Information
NAIC #: 37206
NAIC Group #: 0000
California Company ID #: 3000-7
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: WASHINGTON
May 31,1985
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossarv.
AUTOMOBILE
BURGLARY
FlRE
LEGAL INSURANCE
LIABILITY
4/1/2003
Company Profile Page 2 of 2
.-
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SPRINKLER
SURETY
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Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
ComDosite Complaint Studies
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Financial Rating Organizations
Last Revised - January 08,2003 06:21 PM
Copyright 0 California Department of Insurance
~ Disclaimer __ ...
4/1/2003
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner OperatorlLessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operatorllessors or othewise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
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INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner OperatorlLessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
OperatorlLessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or 'I Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor's Overhead & Profit 'I unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner OperatorlLessor installs to compute the amount of work so installed.
Revised 07/29/02 Contract No. PKSO3-03 Page 15 of 58 Pages
4 - Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
--
-
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
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I - Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
Contract No. PKS03-03 Page 16 of 58 Pages @% Revised 07/29/02
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
Reconstruction of Trellis and Historic Shelter
CONTRACT NO. PKS03-03
The Bidder certifies that it has used the sub-bid of the following listed subcontract6r in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor's Location of Business
NONE
Street Address
City State Zip
*Subcontractor's Telephone Number including Area Code: ( 1 I
*Subcontractor's California State Contractors License No. and Classification:
*Subcontractor's Carlsbad Business License No.:
Explanation: Column 1 - Bid Item No. from the bid proposal, pages NIA through N/A, inclusive.
Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be oerformed bv Contractor's own forces. Column 4 - The dollar amount of the Contracior's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
pages NIA through NIA, inclusive.
Page of pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice
inviting Bids."
4- %# Revised 07/29/02 Contract No. PKS03-03 Page 17 of 58 Pages
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
Reconstruction of Trellis and Historic Shelter
CONTRACT NO. PKS03-03
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner OperatorlLessor Name:
Owner Operator/Lessor Location of Business
Street Address
City State Zip
*Owner OperatorlLessor Telephone Number including Area Code: ( 1 -
*Owner OperatodLessor City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS
Explanation:
Column 1 - Bid Item No. from the bid proposal, pages NIA through NIA, inclusive. Column 2 - The dollar amount of the item to be Derformed bv the Owner OperatorlLessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperatorlLessor's forces on the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
pages NIA through NIA, inclusive.
Page of pages of this Owner Operator/Lessor form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
Contract No. PKS03-03 Page 18 of 58 Pages e% %* Revised 07/29/02
L
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
A-
-
(To Accompany Proposal)
Reconstruction of Trellis and Historic Shelter
CONTRACT NO. PKS03-03
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
%# Revised 07/29/02 Contract No. PKS03-03 Page 19 of 58 Pages
@4/ 82/21 15; 1'3 7607339113
!urrcnth&Cts
Cash In Bank - Generat
Cash In Bank - Savinp
Accomts Receivable
Total Cmnt Assets
uic; L KETTL PA
Goadd Building Contsactors, Inc. Bhw shea March 31,2003
ASSETS
kbptrty Aad J3qutpmsnt
V&icla
Machinery and Equipmen; Furniture and office Equipment
Total property And Equipment
br Awe&
Organization Costs
Am Amortization
$1 $26.24
100.00
25,868.00
35,401.00
21,762.00
4,849.00
18.703.00
1,250.00
(1,250.00)
0.00
$46,297.24
%e Acm-ts' Compilation Report
PAGE 62
04i 02/2I
.I
I 15:19 7607399113
:urrsntLLobilitk
AccoMts Payable
Credit Cards Payabit
RITA L KETTL CFk
&uld Building Conasctors, Inc. Balance sheet
March 31,2003
LXABIL~~ AND STOCKHOLDERS' EQUITY
TOW Current LlabUIdcls
~ng Term Liabilities
Note Payable-Ford Motor Credit
kockhdh' Equity
CorNnOn stack
Paid in Capital RetaincdEamings
Retained Earnings
TOW StcrcLbolders' Equity
1363.53
10,o0o.00
5,375.00
14,165 .OO
3,447.66
See Accountants' Compilation Report
$1 1,946.05
1,363.53
PAGE 93
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
Type of
Work
CUSTOM HOME
2USTOM HOME
TENENT IMPROVE,
The Bidder is required to state what work of a similar character to that included in the proposed
Contract heishe has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Amount
of
Con tract
450,000
630,000
?5,000
I Date Name and Phone
Contract Name and Address No. of Person
i Completed of the Employer to Contract 1 GBC INC !47Y-04$? DA ID ULD
110-15-02 ' GBC INC
3-30-03 GILDRED DEVELOPME.BT
DAVID GOULD 471 -0421
s~~~~l~~~~~~oo
~
I
I
_-
I
- TENENT IMPROq. 1 50,OO
t8 Revised 07/29/02 Contract No. PKS03-03 Page 20 of 58 Pages
- BIDDERS CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LlABl LITY, AUTOMOTIVE
- LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter c
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
13 Comprehensive General Liability
0 Automobile Liability
0 Workers Compensation - 0 Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
I
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All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
I) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
4w '69 Revised 07/29/02 Contract No. PKSO3-03 Page 21 of 58 Pages
<-
TM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY)
MAY 7 03
PRODUCER ASPEN INSURANCE BROKERS, INC. 5520 WELLESLEY ST. #207 LA MESA CA 919424401 PHONE: 619460-1240 I
THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL~CIES BELOW.
FAX: 61 94624536
INSURED GOULD BUILDING CONTRACTORS 810 LOS VALLECITOS BLVD. SANMARCOS CA 92069
Agency Lick OD60834
'L AGGREGATE LIMIT APPLIES PER:
INSURERS AFFORDING COVERAGE NAlC #
INSURER A: LINCOLN GENERAL INSURANCE CO 6b
INSURER B:
INSURER C:
INSURER D: 4 ~
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
I
GARAGE LIABILITY
COMBINED SINGLE LIMIT (Ea accident)
(Per person)
PROPERTY DAMAGE s
AUTO ONLY - EA ACCIDENT s
It BODILY INJURY (Per accident)
ANY AUTO
EXCESS I UMBERELLA LIABILITY 1 OCCUR c] CLAIMSMADE
OTHER THAN EAACC 0
AGG $ AUTO ONLY:
EACH OCCURRENCE s
AGGREGATE s
s
CERTIFICATE HOLDER
DEDUCTIBLE
RETENTION S !
ADDITIONAL INSURED; INSURER LETTER: ~ CANCELLATION
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY
ANY PROPRlETORRARTNERiEXECUTlVE OFFlCERMAMBER EXCLUDED?
CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314
Attention:
W STATCC I TOWLIMITS I I OTHER 1
E.L. EACH ACCIDENT I$
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF THE ISSUING COMPANY WLL ENDEAVOR TO MAIL 90
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LlABlLlM OF ANY KIND UPON THE INSURER, IT.'S AGENTS OR REPRESENTATIVES.
DAYS WITTEN NOTICE TO 'THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
AUTHORIZED REP= J
I E.L. DISEASE-EA EMPLOYEE 1 $
PROOF OF INSURANCE ONLY *IO DAY NOTICE OF CANCELLATION APPLIES TO NON PAYMENT OF PREMIUM
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement@).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer@), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08) Certificate #4797
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N D CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
C 0 M PEN SAT1 0 N
INSURANCE
MAY 2. 2003
CITY OF CARLSBAD
ATTN: PURCHASING DEPT.
1635 FARADAY AVE CARLSBAD CA 92008-7314
GROUP: 000046
CERTIFICATE ID: 14
POLICY NUMBER: 12221-2002
CERTIFICATE EXPIRES: 08- 01 -2 003 09-13-2002/08-01-2003
This is to certify that we have issuei a valid Worker’s Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
W
AUTHORIZED REPRESENTATIVE PRESIDENl
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS’ NOTICE EFFECTIVE 09-13-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
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GOULD BUILDING CONTRACTORS, INC.
810 LOS VALLECITOS BLVD
SAN MARCOS CA 92069
SClF 10262E IEPF-UI: J1 1
BUS. NUMBER
120751 5
DATE SSU ED
09/30/2002
SIC CODE 15
OWNER FIRM OR CORPORATION NAME
BUSINESS NAME
MAILING ADDRESS
CITY AND STATE
BUSINESS REGISTI~ATION CERTIFICATE
me penm nm or c~rporaucn named bdw Is grented Nr bi#hasr portncat4 p~~lzy~t ~dhana$bsnga(ls n. cerlyon orcmdua the Wnsa Pale, cdlhp. pmlasggn. exHMlbn csmcale is not an enGvament m mr(lRcatlQI of canpllln~e wh OR thelcanseelssibjed Ooraxamptfronlicsnslng bytheSatedCdlfomb. ’
SIC DESCRIPTION
Building Construction-Gener
,I
GOULD BUILDING CONTRACTORS INC
GOULD BUILDING CONTRACTORS, INC
81 0 LOS VALLECITOS BLVD STE E
SAN MARCOS, CA 92069-1447
TM CERTIFICATE OF LIABILITY INSURANCE MAY 14 03
~~
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWlTHSTANDlNG ,NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY' BE ISSUED OR IAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PRODUCER ASPEN INSURANCE BROKERS, INC. 5520 WELLESLEY ST. #207 LA MESA CA 919424401 PHONE: 619-460-1240 FAX: 619-462-4536
Aaencv Lid: OD60834
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. MIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER ME COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAlC #
n COMMERCIAL GENERAL LIABILITY
CIAIMSMADE 17 OCCUR
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INSURED GOULD BUILDING CONTRACTORS 810 LOS VALLECITOS BLVD. SANMARCOS CA 92069
INSURER A: Allstate insurance Company
INSURER E:
INSURER C:
INSURER D:
INSURER E:
I MED. EXP (Any One Person) 1 $
SSF POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE [MMIDDIW) DATE (MMJDDnv) TYPE OF INSURANCE POLICY NUMBER
GENtnlTY I I I IEACHOCCURRENCE I$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
DAMAGE PREMISES TO (Ea RENTED occurence) $
BODILY INJURY (Per accident)
I 12
GENL AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT r? LOC
AUTOMOBILE LIABILITY 048654977
ANYAUTO
PERSONAL 8 ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS-COMPIOP AGG. 5
1,000,000 APR 25 04 COMBINED SINGLE LIMIT (Ea accident)
APR 25 03
BODILY INJURY (Per person) $
1 OTHER:
I
GARAGE LIABILITY
ANY AUTO
EXCESS I UMBERELLA LIABILITY
OCCUR CIAIMSMADE
DEDUCTIBLE
RETENTION $
10 DAY NOTICE OF CANCELLATION APPLIES TO NON PAYMENT OF PREMIUM :ERTFICATE HOLDER IS ADDITIONAL INSURED PER FORM BUl114(1-93) ATTACHED. REPLACES CERTIFICATE DATED MAY 5,03.
$ PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN EAACC $ AUTO ONLY:
EACH OCCURRENCE $
AGGREGATE $
$
8
8
AGG
CERTIFICATE HOLDER 1 I ADDITIONAL INSURED INSURER LElTER: CANCELLATION
WC STAN-
E.L. EACH ACCIDENT
E.L. DISEASE-EA EMPLOYEE
1 TORYLIMITS I I OTHER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY
ANY PROPRlETORlPARlNEECUTWE OFFICEMMBER EXCLUDED?
8
$ I I I I
E.L. DISEASE-POLICY LIMIT I$
AUTHORIZED REPRESENTATIVE
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement@).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively.or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25s (2001/08) Certificate M870
@A I I st at e. 7 - akmrn-
- POLICY NUMBER 048654977 BAP COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADD lTlONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM
SCHEDULE
Name and Address of Person or Organization:
THE CITY OF CARLSBAD
1635 FARADAY AVE CARLSBAD, CA 92008-7314
A. The person or organization shown in the Schedule is included as an insured but only if liable for the conduct of an "insured" and only to the extent of that liability. - B. CANCELLATION
1. If we cancel the policy, we will mail or deliver notice to such person or organization in accordance with the Common Policy Conditions.
2. If you cancel the policy, we will mail or deliver notice to such person or organization.
3. Cancellation ends this agreement.
F
BU1114(1-93)
BU114-2
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
I) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
2) If yes, what washvere the name(s) of the agency(ies) and what wadwere the period(s) of debarment@)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred party debarred -
agency agency
-c
period of debarment period of debarment
BY CONTRACTOR:
GOULD BUILDING CONTRACTORS, INC
By: -- (sign here)
DAVID A. GOULD'/PRESIDENT (print name/title)
.
Page - I of 1 pages of this Re Debarment form
Revised 07/29/02 Contract No. PKSO3-03 Page 22 of 58 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
X
no
Has the suspension or revocation of your contractors license ever been stayed?
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work ever been stayed? x no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page 1 of * pages of this Disclosure of Discipline form
Revised 07/29/02 Contract No. PKS03-03 Page 23 of 58 Pages
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
GOULD BUILDING CONTRACTORS INC.
(sign here)
DAVID A., GoULD '-,/, PRFSIDEN T (print namekitle)
Page 2 of 2 pages of this Disclosure of Discipline form
Revised 07/29/02 Contract No. PKS03-03 Page 24 of 58 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. PKS03-03
Reconstruction of Trellis and Historic Shelter
State of California 1
DAVID A. GOULD , being first duly sworn, deposes (Name of Bidder)
and says that he or she is PRESIDENT
(Title)
of
(Name of Firm) -
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
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I declare under penalty of perjury that the foregoin is true and correct and that this affidavit was
executed on the ,2nd dayof WPRIL ,20 Ot .
Signature S&y7//@ of Bidder
Subscribed and sworn to before me on the u. day of &I II ,2003 .
(NOTARY SEAL)
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64 Revised 07/29/02 Contract No. PKS03-03 Page 25 of 58 Pages
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CONTRACT
PUBLIC WORKS
cry , 2003 , by and 4 This agreement is made this 23 day of
between the City of Carlsbad, California, a municipal corporatidn, (hereinafter called "City"),
and GOULD BUILDING CONTRACTORS, INC. whose principal place of business is
SUITE E, 810 LOS VALLECITOS BLVD, SAN MARCOS, CA 92069
called "Contractor").
(hereinafter
City and Contractor agree as follows:
1,
for:
Reconstruction of Trellis and Historic Shelter, Contract No. PKS03-03
Description of Work. Contractor shall perform all work specified in the Contract documents
I (hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, -
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum@) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
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Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto,
hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Engineer will close the estimate of work completed for progress payments on the last working - day of each month.
-. 5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
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Revised 07/29/02 Contract No. PKS03-03 Page 26 of 58 Pages
I information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
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6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any: -
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract. - City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract. -
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
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7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
-
&
-- 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
' Revised 07/29/02 Contract No. PKS03-03 Page 27 of 58 Pages
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arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any
auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
I
-
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
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Contract No. PKS03-03 Page 28 of 58 Pages ** -- E* Revised 07/29/02
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
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(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
-
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees. -
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or - shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
i- (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
-
c
-
#= '4 Revised 07/29/02
-
Contract No. PKS03-03 Page 29 of 58 Pages
I (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
- (C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information. -
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
-
-6 (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California. @ init , ky init I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
- -4.
L^ 13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720
of the Labor Code are incorporated herein by reference.
7 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract. -
15. Provisions Required' by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
I
".. .-
Revised 07/29/02 Contract No. PKS03-03 Page 30 of 58 Pages
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
BY
CITY OF CARLSBAD a municipal corporation of
ATTEST:
1- - (print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Depu City Attorney 4
Revised 07/29/02 Contract No. PKS03-03 Page 31 of 58 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
Date
personally appired bQ
Name(s)>f Signer($
0 personally known to me
$/proved to me on the basis of satisfactory
evidence
MARIA V. GUTIERREZ Commission 1 1376487
Son Diegc: County Notary Public - CaflfOfnlO # - i to be the person@) whose name(s) e
subscribed to the within instrument and
acknowledged to me that tRHw/6@executed
the same in Vk+k/tm authorized
capacity(ies), and that by
signature@) on the instrument the person@), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and officia(-jseal.
Signature d--? of Notary Public d
OPTIONAL
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 11
Title or Type of Document: Gm2kLc.J Pk/kR,uds
Document Date: mh 7 aoQ3 Number of Pages: lo
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
[7 Individual %. Corporate Officer - Title(s)
Partner - 0 Limited Ge
0 Attorney-in-Fact
3 Trustee
0 Guardian or Conservator
0 1999 National Notary Association * 9350 De Solo he., P.O. Box 2402 * Chatsworth CA 91313-2402 www.nationalnotaTyorg Prod. No. 5907 Reorder- Call Toll-Free 1-800-876-6827
LABOR AND MATERIALS BOND
WHEREAS, the City of Carlsbad, State of California, on APRIL 7, 2003 9
has awarded to COULD BUILDING CONTRACTORS, INC.
(hereinafter designated as the "Principal"), a Contract for:
CONTRACT NO. PKS03-03
RECONSTRUCTION OF TRELLIS AND HISTORIC SHELTER
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, COULD BUILDING CONTRACTORS, INC. , as
Principal, (hereinafter designated as the "Contractor"), and as Surety, are held firmly bound unto the City of Carlsbad in the sum of FOURTY SEVEN THOUSAND
SEVEN HUNDRED FORTY AND NO/OO---------------------- Dollars ($ 47,740.00 ),
said sum being an amount equal to: One hundred percent (100%) of the total amount payable under
the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
*-
4- %# Revised 07/29/02 Contract No. PKS03-03 Page 32 of 58 Pages
Executed by CONYRACTOR this '7 rt; Executed by SURETY lhi6 7th day ...
/c day of l"lo*, ,a 0-3 of May ,20 03
CONTRACTOR: SURETY:
Gould Building ContractmInc. Contractors Bonding and Insurance Company (name of Surety) 111 Pacifica, Suite 350
Irvine, CA 92618 [address of Surety)
Air/ 949-341-9110
(print name here)
(title and organization of signatory)
Gk Z-
Anne Wright
(printed name of Attomey-n-Fact)
(attach corporate reSQM!Qr) ShWlng GUfr@rlt powf (print name hero! of aEcwey)
&e&c (title and organizatm of stgnatory)
(Pr;;per notarial acknowledgment of exxecuti by CONTFWCTOR and SURETY must be attached )
(Pietibent or vice-president and secretary br assistant secretary must sign for cwporahns. If only one officer
signs. the carporation must attach a resolution certified by the Secietary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
L- -
APPROVED AS TO FORM:
RONALD R. BALL
CityAttomey ~ 'U& By:
4% %$ Revised 07/29/02 Contract No. PKS03-03 Page 33 of 58 Pages
Bond No: CD6081
CONTRACTORS BONDING AND INSURANCE CORlPANY
/- NOTICE - TERRORISM COVERAGE FOR CERTIFIED ACTS OF TERRORISM
NOTICE - NO PREMIUM CHARGE
This Notice is required pursuant to the federal Terrorism Risk Insurance Act of 2002. For renewing policies of
insurance, this Notice applies upon renewal too unless superseded by a written notice specifically so providing.
There is no need to respond to this Notice.
You are hereby notified that under the Terrorism Risk Insurance Act of 2002 (the “Act“), effective November 26,
2002, you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in
Section 102(1) of the Act. Under the Act, the term “act of terrorism” means any act that is certified by the
Secretary of the Treasury, in concurrence with the Secretary of State. and the Attorney General of the United States
- to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure;
to have resulted in damage uithin the United States, or outside the United States in the case of an air carrier or
vessel or the premises of a United States mission; and to have been committed by an individual or indiyiduals acting
on behalf of any foreign person or foreign interest, as part of an effort to coerce the ciyilian population ofthe United
States or to influence the policy or affect the conduct of the United States Government by coercion. No act of
terrorism can be certified, ho\f.ever, if resulting property and casualty insurance losses in the aggregate do not
exceed $5,000,000.
In this Notice, we refer to an act of terrorism coi-ered under the Act as a certified act of terrorism. We have
decided to provide insurance co\’erage for certified acts of terrorism only at no charge, even though by federal
law we are only required to notify you of your right to purchase the coverage. -
Our Policy contains an exclusion of losses caused by terrorism, but the Act provides an exception from that exclusion
for losses resulting from a certified act of terrorism. Non-certified acts of terrorism remain excluded in our
Policy, and the Policy’s other provisions still apply to any certified act of terrorism. This Notice may also serve as
an endorsement when attached to our Policy if there is no other specific endorsement contained in our Policy
dealing with coverage for a certified act of terrorism.
Additional Information for Policyholders with policies providing fire insurance in the States of: Arizona,
California, Idaho, Oregon and Washington
The existing terrorism exclusion makes an exception for (and thereby continues coverage for) fire losses resulting
from terrorism. Therefore, the coverage in our Policy for such fire losses will continue.
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES
Coverage provided by our Policy for losses caused by certified acts of terrorism is partially reimbursed by the
United States under a formula established by the Act. Under this fomiula, the United States pays 90% of covered
terrorism losses exceeding the statutorily established deductible paid by us as the insurance company providing the
coverage. The premium charge by us for this coverage for certified acts of terrorism is zero. There may be a
charge at some hture point in time if the Federal Government pays a loss for the portion of loss covered by the
FederaI Government under the Act.
Form 1
NoITEFXOI-USOI 2203
L * *
Certificate of Appointment and Resolutions of the Board of Directors
The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the
President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by
the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance ”>
Company at a meeting duly held on December 15, 1993:
RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant
Secretary, and any other employee as may be specifically authorized by a particular board resolution
(hereafter “Authorized Officer or Employee”) may appoint attorneys-in-fact or agents with authority
as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of
the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings,
recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may
remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to
such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall
be valid and binding upon the Company:
(i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal
be required); or
(ii) when signed by the Authorized Officer or Employee, and countersigned and sealed
(if a seal be required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the
power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of
the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing
the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of
the Company (unless otherwise specified in the power of attorney itself); and such signature and seal
when so used shall have the same force and effect as though manually affixed.
RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers
of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney
previously or in the future approved by the Board of Directors, including, but not limited to, so called
“fax or facsimile powers of attorney”, where the entire power of attorney is a facsimile, remain in full
force and effect; and that one form of a power of attorney may be attached to one bond (for example,
the form for which this resolution is a part may be attached to a bid bond), and another form of power
of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond)
without affecting the validity of either power of attorney or bond.
?)
IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed
by its president and secretary, and its corporate seal to be hereunto affixed this 1st day of Jan ary, 1994.
I Y
State of Washington
County of King V
On January lst, 1994 before me, Molly A. Hudspeth Notary Public, personally
Lybeck, personally known to me to be the persons whose names are subscribed
edged to me all that they executed the same in their authorized capacities and
behalf of which they acted executed the instrument.
appeared Steven A. Gaines and Kevin L.
to the within instrument, and acknowl-
that by their signatures the entity upon
WITNESS my hand and official seal.
-CAL~FORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sari Diego
On May 7, 2003 before me, Nancy I. Trusso wIY7 Public
personally appeared Anne Wright ,
Name and Title of O&er (e.g., "JandDoe, Notary Public") 1
Dale
Name(s) of Signer@)
8 personally known to me - OR - 3 pro\ fed to n le on the basis of satisfactory evidence to be the person(s)
whose name(s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
\u \ i-1, Signature of Notary Public r-
0 PTlONA L
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: Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Anne Wright
0 Individual
0 Corporate Officer
Title( s) :
0 Partner - C Limited C General
Ei Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other: nb here
I I I
Signer Is Representing:
Contractors Bonding and
Insurance Company u
Signer's Name:
0 Individual
0 Corporate Officer
Tit le (s) :
0 Partner - E Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Top of :humb here 1 I 0 Other:
I I
Signer Is Representing:
I I
0 1995 Nalional Notary Association * 8238 Remmel Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
On n? 7, Loo 3 before rnw atyl
personally ap2ared 3- uh b Date
Name@) 01 Sig;kr(s)
0 personally known to me
Mproved to me on the basis of satisfactory
evidence
to be the person(s) whose name@) e
subscribed to the within instrument and
acknowledged to me that -executed
the same in he authorized
capacity(ies), and that by k&er/m
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and offical seal. uUnauL\/my Signature of Notary Public
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 reaftachment of this form to another document.
Description of Attached Document
Title or Type of Document: Lcc\367.s dPI\Uf 6-
Document Date: 7 ; Loo 3 Number of Pages: 2
Signer@) Other Than NameAbove-u d - . %ti bsR 0
Capacity(ies) Claimed by Signer
Signer’s Name:
&&Individual
Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Sot0 Ave.. P.O. Box 2402 - Chatswolth, CA 91 31 3-2402 * www.natlonalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
WHEREAS, the City of Carlsbad, State of California, on APRIL 7, 2003 1
has awarded to COULD BUILDING CONTRACTORS, INC. , (hereinafter
designated as the "Principal"), a Contract for:
CONTRACT NO. PKS03-03
RECONSTRUCTION OF TRELLIS AND HISTORIC SHELTER
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, COULD BUILDING CONTRACTORS, INC. , as Principal,
(hereinafter designated as the "Contractor"), and , as Surety, are held and firmly bound unto the City of Carlsbad,
Dollars ($ 47,740.00 ),
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
in the sum of FOURTY SEVEN THOUSAND SEVEN HUNDRED FORTY AND NO/OO--- ________________________________-____________--_-_------_--
-
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
*= 6# Revised 07/29/02 Contract No. PKS03-03 Page 34 of 58 Pages
IL
-
in the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond. . .-
Executed by CONTRACTOR this ?+- Executed by SURETY this 7th day of
,2003 May
CONTRACTOR: SURETY:
day of .ZOO?
Gould Building Contractors, Inc.
BY
- - (sign here) A
(print name here)
Contractors Bonding and Insurance Company
111 Pacifica, Suite 350
Irvine, CA 92618
(name of Surety)
(address of Surety)
949-341-9110
(telephone number of Surety)
(signature d Attamey-in-Fact)
Anne Wright
(printed name of Attorney-in-Fact) L
<- (Attach &mate resolution showing current
power of attorney.) (print name here)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must slgn for corporations. If only one oKicer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
\. ...
APPROVED AS TO FORM: RONALD R. BALL City Attbmey
City Attorney
U
4- $8 Revised 07/29/02 Contract NO, PKS03-02 Page 35 of 58 Pages
b
Bond No: CD6081
CONTRACTORS BONDING AND 1NSURANCE CORlPANY - NOTICE - TERRORISM COVERAGE FOR CERTIFIED ACTS OF TERRORISM
NOTICE - NO PREMIURI CHARGE
This Notice is required pursuant to the federal Terrorism Risk Insurance Act of 2002. For renewing policies of
insurance, this Notice applies upon renewal too unless superseded by a written notice specifically so providing.
There is no need to respond to this Notice.
You are hereby notified that under the Terrorisni Risk Insurance Act of 2002 (the “Act“), effecti3e November 26,
2002, you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in
Section 102(1) of the Act. Under the Act, the term “act of terrorism” means any act that is certified by the
Secretary ofthe Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States
- to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure;
to have resulted in damage within the United States, or outside the United States in the case of an air carrier or
vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting
on behalf of any foreign person or foreign interest, as part of an effort to coerce the ciyilian population ofthe United
States or to influence the policy or affect the conduct of the United States Government by coercion. No act of
terrorism can be certified, holyever, if resulting property and casualty insurance losses in the aggregate do not
exceed $5,000,000.
In this Notice, we refer to an act of terrorism covered under the Act as a certified act of terrorism. We have
decided to provide insurance coverage for certified acts of terrorism only at no charge, even though by federal
law we are only required to notify you of your right to purchase the coverage. rc
Our Policy contains an exclusion of losses caused by terrorism, but the Act provides an exception fiom that exclusion
for losses resulting from a certified act of terrorism. Non-certified acts of terrorism remain excluded in our
Policy, and the Policy’s other provisions still apply to any certified act of terrorism. This Notice may also serve as
an endorsement when attached to our Policy if there is no other specific endorsement contained in our Policy
dealing with coverage for a certified act of terrorism.
Additional Information for Policyholders with policies providing fire insurance in the States of: Arizona,
California, Idaho, Oregon and Washington
The existing terrorism exclusion makes an exception for (and thereby continues coverage for) fire losses resulting
fiom terrorism. Therefore, the coverage in our Policy for such fire losses will continue.
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES
Coverage provided by our Policy for losses caused by certified acts of terrorism is partially reimbursed by the
United States under a formula established by the Act. Under this formula, the United States pays 90% of covered
terrorism losses exceeding the statutorily established deductible paid by us as the insurance company providing the
coverage. The premium charge by us for this coverage for certified acts of terrorism is zero. There may be a
charge at some future point in time if the Federal Government pays a loss for the portion of loss covered by the
Federal Government under the Act.
Fonn 1
SOITERR.OI-USOI 2203
If ,‘*- Certificate of Appointment and Resolutions of the Board of Directors
The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the
President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by,
the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance 3
Company at a meeting duly held on December 15, 1993:
RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant
Secretary, and any other employee as may be specifically authorized by a particular board resolution
(hereafter “Authorized Officer or Employee”) may appoint attorneys-in-fact or agents with authority
as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of
the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings,
recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may
remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to
such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall
be valid and binding upon the Company:
(i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or
(ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-
fact or agents pursuant to and within the limits of the authority evidenced by the
power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of
the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing
the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of
the Company (unless otherwise specified in the power of attorney itself); and such signature and seal
when so used shall have the same force and effect as though manually affixed.
RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers
of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney
previously or in the future approved by the Board of Directors, including, but not limited to, so called
“fax or facsimile powers of attorney”, where the entire power of attorney is a facsimile, remain in full
force and effect; and that one form of a power of attorney may be attached to one bond (for example,
the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to
the final bond for a project for which the different form of power was attached to the bid bond)
without affecting the validity of either power of attorney or bond.
IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed
by its president and secretary, and its corporate seal to be hereunto affixed this 1st day of Janyary, 1994.
State of Washington
County of King
On January lst, 1994 before me, Molly A. Hudspeth Notary Public, personally appeared Steven A. Gaines and Kevin L.
Lybeck, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowl-
edged to-me all that they executed the same in their authorized
behalf of which they acted executed the instrument.
WITNESS my hand and official seal.
Signature -a-
v Molly A. Hudspeth, Notary Public
capacities and
(seal)
that by their signatures the entity upon
3
3
CAL‘PFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sari Die0
On before me, Nancy I. Trusso 1\20tarxr Pc,-ic , May 7, 2003
Date Name and We of Offcer (e g , “JandDoe. Notary Public”)
personally appeared Anne Wright
El personally known to me - OR -
Name@) of Signer(s)
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
__ - ’. w.-eL -. -”.
Signire of Notary Public -
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons re/ying 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: Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Anne Wright
0 Individual
0 Corporate Officer
Title (s) : 0 Partner - 0 Limited C General
Attorney-in-Fact 0 Trustee*
c7 Guardian or Conservator cl Other:
Signer Is Representing: I Contractors Bonding and
Insurance Company
Signer’s Name:
C Individual
C Corporate Officer
Tit le (s) :
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
O Trustee-
0 Guardian or Conservator
3 Other: -I I I Signer Is Representing:
I I
;Xj_ - . ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . ..
Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827 0 1995 National Notary Association 8236 Rernmet Ave , P.O. Box 7184 * Canoga Park, CA 91 309-7184
-, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
County of SGn-bCrrao
\
On- -7 Date , a003 before m"\ah, *&
personally app:red 3Cu2A Name@) 01 Saner@)
0 personally known to me
evidence
to be the person(s) whose name(s)+&@
subscribed to the within instrument and
acknowledged to me tha-executed
the same in -bkk=d@& authorized
capacity(ies), and that by hi&s~m
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
&proved to me on the basis of satisfactory
acted, executed the instrument.
WITNESS my hand and official seal. LA
Signature of Notary Public
OPTIONAL
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:
Document Date:bm % 7 a3 Number of Pages: 2 '
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer I
Signer's Name: mG4& \m.- '&M
0 Individual ?& Corporate Officer - Title(s):
0 Partner - 0 Limited C General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 * www.nationalno1ary.org Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive; Carlsbad, California, 92008, hereinafter called ''City'' and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for Reconstruction of Trellis and Historic Shelter, Contract No.
I PKS03-03 in the amount of dated (hereinafter
referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make
-
payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the
securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days
of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of
the Escrow Agent in connection with the handling of retentions under these sections in an amount
not less than $1 00,000 per contract. The market value of the securities at the time of the substitution
shall be a least equal to the cash amount then required to be withheld as retention under the terms of
the contract between the City and Contractor. Securities shall be held in the name of the City and
shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
- -
-
4- t4 Revised 07/29/02 Contract No. PKS03-03 Page 36 of 58 Pages
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. -
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
_-
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
-
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Name
Sign a tu re
Address
For Contractor:
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 Escrow Agent
a fully executed counterpart of this Agreement.
@ Revised 07/29/02 Contract No. PKS03-03 Page 37 of 58 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
_-
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Revised 07/29/02 Contract No. PKS03-03 Page 38 of 58 Pages
SUPPLEMENTAL PROVISIONS
FOR
Reconstruction of Trellis and Historic Shelter
Contract No. PKS03-03
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS -
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
-
c-
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved, "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
c
t
4- s# Revised 07/29/02 Contract No. PKS03-03 Page 39 of 58 Pages
City Council -the City Council of the City of Carlsbad. .-
e
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 Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
.
Owner OperatorlLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Public Works SupervisorlFacilities Maintenance of the City of Carlsbad
or hidher approved representative.
Senior Inspector - the Project inspector’s immediate supervisor and first level of appeal for informal
dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ..................................... Commercial
DR .......................................... Dimension Ratio
E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Revised 07/29/02 Contract No. PKS03-03 Page 40 of 58 Pages
--
--
-_ Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ......................................... allons per minute
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ........................................... ..Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VW D ....................................... Vallecitos Water District
-
-_ IE ............................................ Invert Elevation
-
c
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
1
2-3 SUBCONTRACTS.
-_ - 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (IO) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows:
is listed in the latest version of U.S. Department of Treasury Circular 570,”.
Delete, “who
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ancelwarranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
I) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
c
-- e Revised 07/29/02 Contract No. PKS03-03 Page 41 of 58 Pages
c The faithful perforrnance/warranty bond will be reduced to 25 percent of the original amount 30 days -. after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
-
Add the following:
following documents: -
All bonds are to be placed with a surety insurance carrier admitted and -.
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
instrument entitling or authorizing the person who executed the bond to do so.
-
-
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999
supplements thereto, hereinafter designated "SSPW C", as written and promulgated by Joint
Cooperative Committee of the Southern California Chapter American Public Works Association and
Southern California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract. - __
The construction plans consist of one set. The set is designated as City of Carlsbad Drawing No.
DWG407-2 and consists of 8 sheets. The standard drawings used for this project are the latest
edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued
by the San Diego County Department of Public Works, together with the most recent editions of the
City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by
the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter
designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the
pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
the most recent edition of the following documents listed in order of highest to lowest precedence:
1 ) Permits from other agencies as may be required by law.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
Contract Documents, the document highest in precedence shall control. The precedence shall be
2) Supplemental Provisions. -
--
r
I
e) State of California Department of Transportation Standard Plans. -
5) Standard Specifications for Public Works Construction. - 6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
e Revised 07/29/02 Contract No. PKS03-03 Page 42 of 58 Pages
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.9. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number@) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
-I -
-
-
I When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed 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 "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefor.
2-9 SURVEYING
c
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or
a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor
shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at
1
-
c
a '4 Revised 07/29/02 Contract No. PKS03-03 Page 43 of 58 Pages
the site of the replacement is completed. The Surveyor shall file comer record(s) as required by §§
8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve othewise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (8‘1; by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
earlier surveys and all other evidence used by the Surveyor to determine the location of the
monuments set. The field notes and calculations will be labled with name of the Surveyor, the party
chief, field crew members and preparer of the field notes or calculations. They shall be annotated
with the date of observation or calculation, be numbered with consecutive page numbers and shall
be readable without resort to any electronic aid, computer program or documentation for any
computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys
Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in
conformance with 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under 95 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing M-IO type monuments, bolts, spikes, leaded tacks and
nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property corners and street centerlines are permanent survey monuments. The
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location of
all permanent monuments set and their relation to the street right-of-way. Record@) of Survey(s)
shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey andlor corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
@ Revised 07/29/02 Contract No. PKS03-03 Page 44 of 58 Pages
.-
said monuments and no additional payment will be made therefor. I --
2-10 AUTHORITY OF BOARD AND ENGINEER. -
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
-
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor‘s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor‘s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
--
-_
--
.-
SECTION 3 -- CHANGES IN WORK
c
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
second paragraph, modify as follows:
I_
P 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: -
- $3 Revised 07/29/02 Contract No. PKSO3-03 Page 45 of 58 Pages
-
(a) Work by Contractor. The following percentages shall be added to the Contractor‘s costs .._ and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
compensation for bonding.
I
To the sum of the costs and markups provided for in this section, 1 percent shall be added as I
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
-
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
portion of the extra work may be added by the Contractor. --
- 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
- 34 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time
Accounting, nor to any claim that is based on differences in measurement or errors of computation
as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure _-
- -
-.
I
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed. -
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
’
-
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
--
By: Title:
-* b Revised 07/29/02 Contract No. PKSO3-03 Page 46 of 58 Pages
Date: .--
. -- Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
-
I.
c
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
-
t
2. Senior Inspector
3. Deputy Public Works Director / General Services
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within IO working days of receipt of said claim or appeal of claim, review
the Contractor’s report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor’s presentation of its report, The Contractor may appeal each level’s position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
201 04) which is set forth below:
ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)( ) This article applies to all public works claims of three hundred seventy-five thousand
em G# Revised 07/29/02 Contract No. PKS03-03 Page 47 of 58 Pages
- dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
(d) This article applies only to contracts entered into on or after January 1 , 1991.
-_
I_
Regents of the University of California.
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
for any work which may give rise to a claim under this article.
-
-
.-
- 20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. -
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further docurnentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
-
subdivision, upon mutual agreement of the local agency and the claimant. -_
-
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
subdivision, upon mutual agreement of the local agency and the claimant.
greater than that taken by the claimant in producing the additional information or requested
-
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(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For -
-
Revised 07/29/02 Contract No. PKS03-03 Page 48 of 58 Pages
(9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (Commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
- -
--
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
- to this article:
-
- --
- I
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
Revised 07/29/02 Contract No. PKS03-03 Page 49 of 58 Pages
- work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill - this Contract.
I 4-1.4 Test of Materials,
sentence of the first paragraph.
delete the phrase, “and a reasonable amount of retesting”, from the third
add the following:
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
Except as specified in these Supplemental Provisions, the Agency will bear the -
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the -
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
I
-
-
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
necessary by noncompliance with the specifications shall be borne by the Contractor.
place along the work as deemed necessary by the Engineer. The costs of any retests made c
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the I - satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution
is determined to be unsatisfactory in performance, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace it with the originally specified item at no cost to the Agency. I
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor‘s
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
quantity and quality received, prepare storage area@), store, handle, protect, move, relocate,
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
-
-
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-
responsibility. Conformance to the requirements of this section, both within and outside the limits of I
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L 4m kp Revised 07/29/02 Contract No. PKSO3-03 Page 50 of 58 Pages
SECTION 5 -- UTILITIES
.-
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
c
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 10 calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal.
Construction Schedule per the submittal requirements of section 2-5.3.
The Contractor shall submit the Baseline
Add the following section:
6-1 2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of the
Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
-
4- \# Revised 07/29/02 Contract No. PKS03-03 Page 51 of 58 Pages
3 project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s - description shall accurately define the work planned for the activity and each activity shall have
recognizable beginning and end points.
Add the following section:
6-1.2.6 Float.
to whatever party or contingency first exhausts it.
-
Float or slack time within the schedule is available without charge or compensation
Add the following section:
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency -
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
-
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s
shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public
and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule.
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the
The Agency’s acceptance of a shortened duration project will be
- I
-
-
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
Schedule does not meet the requirements of these specifications the Contractor shall correct the
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
-
-.
-
-
marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the -
-
Add the following section:
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Contract No. PKS03-03 Page 52 of 58 Pages *% Revised 07/29/02
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete.
Contractor shall report the percentage determined by the Engineer as complete for the activity.
For each activity undeway at the end of the month, the
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor,
with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
construction schedule will invoke the same consequences as the Engineer returning a monthly
updated construction schedule marked “Not Accepted”.
Add the following section:
cg Revised 07/29/02 Contract No. PKS03-03 Page 53 of 58 Pages
6-1.4.3
for the schedule in accordance with section 6-1.8.2.
The Contractor may proceed with the project work, and will receive payment
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1.8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the ”Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section
9-3.2.
Add the following section:
6-1 .I Measurement And Payment Of construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
@ Revised 07/29/02 Contract No. PKS03-03 Page 54 of 58 Pages
.-
6-2 PROSECUTION OF WORK. L._ - Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes removing all wood framing
material from one trellis and remove beams, joist, plywood from historic shelter. Install concrete
footings, and masonry at historic shelter. Install all new framing at historic shelter and at the two
trellises. Paint both trellises and historic shelter.
-
I
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor‘s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor‘s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice@) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim@) therefor.
Modify as follows:
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 30 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 48 hours prior to such work The Engineer may approve
work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
4- Gp Revised 07/29/02 Contract No. PKS03-03 Page 55 of 58 Pages
I shall be the date of completion of the Work.
- Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (I) year after recordation of the "Notice of Completion" and any,
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period. -
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
monies due it, the sum of Five Hundred Dollars ($500.00).
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld -
Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred - dollars per day is the minimum value of costs and actual damages caused by the Contractor to
complete the Work within the allotted time. Any progress payments made after the specified
completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
- 7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
I -
7-4 WORKERS' COMPENSATION INSURANCE. -I
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
I
- 7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-8 PROJECT SITE MAINTENANCE. - 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety
-
-
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~ ~~
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
- _-
- 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
-
7-8.6 Water Pollution Control. The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ, NPDES
General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activiv
Add the following
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
-
- 7-10 PUBLIC CONVENIENCE AND SAFETY.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
I -
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
a Revised 07/29/02 Contract No. PKS03-03 Page 57 of 58 Pages
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK - 9-1.4 Units of Measurement, modify as follows:. The system of measure for this contract shall be
the U.S. Standard Measures.
I 9-3 PAYMENT.
93.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the "Notice of
Completion"
Add the following section: -
93.4.1 Mobilization and Preparatory Work.
be included in the various items of work and no other payment will be made.
Payment for mobilization and preparatory Work will
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