HomeMy WebLinkAboutGould Building Contractors Inc; 2004-06-29; PWS04-31FACDOC # 2004-0876356
I RECORDED REQUESTED BY bii' CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
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SEP 15,2004 9:04 AM
OFFICIAL RECORDS wrd DIEGO COIJNTY RECORDER'S OFFICE GREGDR'i'J SMITH COIJNTY RECDRDER
FEES 0 00 I PAGES. 1
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Carlsbad, California-92008
Space above this line for Recorder's use.
PARCEL NO: 167101 35
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3. 4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on September 20,2004.
The name of the contractor for such work or improvement is Gould Building Contractors Inc.
The property on which said work or improvement was completed is in the City of Carlsbad, County of San
Diego, State of California, and is described as follows: Calavera Hills Community Center Siding
Replacement, Agreement Number FAC 04-07, The street address of said property is 2997 Glasgow Drive, Carlsbad, California 92008. 8.
Deputy @ihc Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 5&&4~nbecr \ ,20 BL\ , accepted the above
described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on % ehbet 9 , 20=, at Carlsbad, California.
CITY OF CARLSBAD -
City Clerk v
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for the Calavera Hills Community
Center Siding Replacement, FAC 04-07 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
Replacement of wooden siding on Community
Center Building.
VALUE
$43,500.00
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS n
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
SEP 0 12004
Date
APPROVED AS TO FORM:
nu Ronald R. Ball, Cit’y Attohey ‘I 0
-
CITY OF CARLSBAD
SamDiego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
CALAVERA HILLS
COMMUNITY CENTER
SIDING REPLACEMENT
PWSO4-31 FAC
CONTRACT NO. FAC 04-07
a Revised 10/08/03 Contract No. FAC 04-07 Page 1 of 61 Pages
. TABLE OF CONTENTS
Pane
‘Notice Inviting Bids ........................................................................................................................ 4
‘Contractor’s Proposal .................................................................................................................... 8
Bid Security Form .......................................................................................................................... 12
Bidder’s Bond To Accompany Proposal ....................................................................................... 13
Guide For Completing The “Designation Of Subcontractors” Form ............................................. 15
Designation Of Subcontractor and Amount Of Subcontractor‘s Bid Items ................................. 17
Bidder’s Statement Of Financial Responsibility ............................................................................ 18
Bidder’s Statement Of Technical Ability And Experience ............................................................. 19
Bidder’s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive
Liability And Workers’ Compensation ........................................................................................... 20
Bidder’s Statement Of Re Debarment .......................................................................................... 21
Bidder’s Disclosure . Of Discipline Record ......................................................................... 22 .
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 24
Xontract Public Works .................................................................................................................. 25
Labor And Materials Bond ............................................................................................................ 31
Faithful PerformanceNVarranty Bond ........................................................................................... 33
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 35
..
Revised 10/08/03 Contract No . FAC 04-07 Page 2 of 61 Pages
SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Section 1 1-1 Terms .................................................................................................................... 38 1 -2 Definitions ............................................................................................................. 39 1-3 Abbreviations ........................................................................................................ 39
Terms. Definitions. Abbreviations. And Symbols
Section 2 2-3 Subcontracts ......................................................................................................... 40 2-4 Contract Bonds ..................................................................................................... 40
2-1 0 Authority Of Board And Engineer ......................................................................... 43
Section 3 Changes In Work Chan es Initiated by the Agency .......................................................................... 44 Extra %/ ork ............................................................................................................ 44 3-2 3-3 3-4 Changed Conditions ............................................................................................. 45 3-5 Disputed Work ...................................................................................................... 46
Section 4 Control Of Materials 4- 1 Materials And Workmanship ................................................................................. 48 4-2 Materials Transportation, Handling and Storage .................................................. 49
Section 5 Utilities 5-1 Location ................................................................................................................. 49 5-4 Relocation ............................................................................................................. 49
Scope And Control Of The Work
2-5 Plans And Specifications ...................................................................................... 41 2-9 Surveying .............................................................................................................. 42
._ Section 6 Prosecution. Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work ........................................ 50 6-2 Prosecution Of Work ............................................................................................. 52 6-6 Delays And Extensions Of Time ........................................................................... 53 6-7 Time of Completion ............................................................................................... 53 6-8 Completion And Acceptance ................................................................................ 53
Section 7
7-5 Permits .................................................................................................................. 54 7-7 Cooperation and Collateral Work ......................................................................... 55
7-1 3 Laws To Be Observed .......................................................................................... 56
Section 8 8-2 Field Off ice Facilities ............................................................................................. 56
6-9 Liquidated Damages ............................................................................................. 54
7-3 Liability Insurance ................................................................................................. 54 7-4 Workers' Compensation Insurance ...................................................................... 54
7-8 Project Site Maintenance ...................................................................................... 55 7-1 0 Public Convenience And Safety ........................................................................... 55
Responsibilities Of The Contractor
Facilities For Agency Personnel
Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work ................................................. 56 9-3 Payment ................................................................................................................ 56
PART 2 Construction Materials . INTENTIONALLY LEFT BLANK ............................... 58
PART 3 Construction Methods
31 3-2 Temporary Traffic Signing ................................................................................... 59 .. PART 4 Special Construction Provisions ...................................................................... 60
?@ Revised 10/08/03 Contract No . FAC 04-07 Page3of 61 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11 :00 a.m. on May 5, 2004, 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: Replacement of redwood siding and felt
waterproofing for portions of the Calavera Hills Community Center located at 2997Glasgow Drive in
the City of Carlsbad.
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the General Services Department. The specifications
for the work include the Standard Specifications for Public Works Construction. 2003 Edition. and the
2004 supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental provisions
sections of this contract. Reference is hereby made to the plans and specifications for full particulars
and description of the work.
-
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad 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 (IO) 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.
<? Revised 10/08/03 Contract No. FAC 04-07 Page4of 61 Pages
I The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors and Amount of Subcontractor Bid
5. Bidder's Statement of Financial Responsibility 6. Bidder's Statement of Technical Ability and Experience
7. Acknowledgement of Addendum(a)
8. 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. 9. Bidder' s Statement Re Debarment
IO. Bidder's Disclosure Of Discipline Record 1 1. 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
$50,000.
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: 6, General Buildinn.
-
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of '
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction.
Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral
response will be made to such inquiry. Prior to the award of the contract, no addition to,
modification of or interpretation of any provision in the contract documents will be given by
any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
No bidder may rely on directions given by any agent, employee or contractor of the City of
Carlsbad except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids. r
a Revised 10/08/03 Contract No. FAC 04-07 Page 5 of 61 Pages
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A mandatow pre-bid meeting and tour of the project site will be held at 11 :00 a.m., April 21, 2004 at
Calavera Hills Community Center, 2997 Glasgow Drive.
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:
dne hundred percent (10O%j 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).
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).
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.
r^
Revised 10/08/03 Contract No. FAC 04-07 Page 6 of 61 Pages
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.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
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.
ISABELLE PAULSEN, CMC
Deputy Clerk
DATED: March 31,2004
Revised 10/08/03 Contract No. FAC 04-07 Page7of 61 Pages
CITY OF CARLSBAD
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
CONTRACTOR'S PROPOSAL
OPENED, WITNESSED AND RECMDU):
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 the Calavera Hills Community Center Siding Replacement,
Contract No. FAC 04-07, in accordance with the Plans, Specifications, Supplemental Provisions and
addenda thereto and that he/she will take in full payment therefor the following unit prices for each
item complete, to wit:
.-
-
SCHEDULE "A" SIDING REPLACEMENT
c Item - No. Description
Approxi mate
Quantity Unit
and Unit - Price Total
I
--
A-1 Perform Removal and LS $Y~$oo.LT~ $ 43,Sm.00
Replacement of Siding and
Felt, Prepare and Paint/Stain
Siding at Fom THEEE TiWSAV4)
RUE HuNoREO
Dollars (Lump Sum)
c Total amount of bid in words for Schedule "A: t-oy27-Y Tu/?€ € '/sdrrA FItJF /4 ON oe 0 DourcMs
Total amount of bid in numbers for Schedule "A": $ Y 3. 5 cri3.m
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). /v OMF
proposal.
hadhave been received and is/are included in this
@ Revised 10/08/03 Contract No. FAC 04-07 Page 8 of 61 Pages
c-
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. .-
I-
e
_. ...
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
r IZL4 YclS , classification i3 which expires on , and that this statement is true and correct and has the legal effect of ooc
an affidavit.
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 Q 7028.15(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 Q 201 04.
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
hidher to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is
Cashier's Check) for ten percent (1 0%) of the amount bid.
#I /;lo GONP3 (Cash, Certified Check, Bond or
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 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.
@ Revised 10/08/03 Contract No. FAC 04-07 Page 9 of 61 Pages
\ IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted ~~c 0 ~~~~ &A/ G-
I
- ..
c
e
(2) (Signature)
Impress Corporate Seal here
4
(3) Incorporated under the laws of the State of f U 4U ~4
(4) Place of Business - (Street and Number
City and State SAu M&&aq I cbq b
(5) Zip Code 92669 Telephone No. 76 81) Y7/-04Xl
(6) E-Mail 11 ,-f-
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 10/08/03 Contract No. FAC 04-07 Page 11 of 61 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
JXpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@ whose name(* islafe
subscribed to the within instrument and
acknowledged to me that helsbefthy executed
the same in hislmr authorized
capacity(&), and that by hislmr
signature($l on the instrument the person@), or
the entity upon behalf of which the person(*
acted, executed the instrument.
WITNESS my hand and official seal.
I
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: CS n h, &I r h. f&oY rd 7
Document Date: 5 -yay Number of Pages:
Signer(s) Other Than Named Above: &.re
Capacity(ies) Claimed by Signer
Top of thumb here 0 Individual
Worporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: TroL, (cd C,kA /J
0 1999 National Notary Association - 9350 De Sot0 Ave.. P.O. Box 2402 * Chatsworth. CA 91313.2402 - w.natlonalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6821
License Detail Page 1 of 2
FI
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
~
']GENERAL BUILDIN'G CONTRACTOR
PAINTING AND DECORATING
Contractor License # 729445
A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
subject to public complaint disclosure, a link for complaint disclosure will appear
below. Click on the link or button to obtain complaint and/or legal action
information.
are disclosed.
the arbitration.
onto the Board's license data base.
DISCLAIMER
Per B&P 7071.17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
.-
Extract Date: 05/06/2004
* * * Business Information * * *
GOULD BUILDING CONTRACTORS INC
SAN MARCOS, CA 92069 Business Phone Number: (760) 471 -0421
810-E LOS VALLECITOS BLVD
Entity: Corporation
Issue Date: 11/08/1996 Expire Date: 11/30/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
lhassll Descri Dt io n II
* * * Bonding Information * * *
http://www2 .cslb.c a.gov/CSLB-LIBRARY/License+Detail. asp 5/6/2004
License Detail Page 2 of 2
CONTRACTOR'S BOND: This license filed Contractor's Bond number 21613 in the
amount of $10,000 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 01/01/2004
Contractor's Bondina History
BOND OF QUALIFYING INDIVlDUAL(1): The Responsible Managing Officer (RMO)
DAVID ALDRICH GOULD certified that he/she owns 10 percent or more of the voting
stocWequity of the corporation. A bond of qualifying individual is not required.
Effective Date: 11/08/1996
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND Policy Number: 046-001 2221 Effective Date: 09/13/2002 Expire Date: 08/01/2004
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request __
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy Policy
5/6/2004
Personnel List Page 1 of 1
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 729445
Click on the person's name to see a more detailed page of information on that person.
Name
DAVID ALDRICH
GOULD
MARY ELIZABETH
GOULD
Association Disassociation More Title Date Date Class
RMO/P/T 1 1/08/1996
v/s 1 1/08/1996
B More
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
Q 2003 State of California. Conditions of Use
5/6/2004
BID SECURITY FORM
(Check to Accompany Bid)
, CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ 1, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bid.)
a Revised 10/08/03 Contract No. FAC 04-07 Page 12 of 61 Pages
.~ ~ __
*- BIDDER'S BOND TO ACCOMPANY PROPOSAL
CALAVERA HILLS COMMUNITY CENTER
SlDfNG REPLACEMENT
CONTRACT NO. FAC 04-07
KNOW ALL PERSONS BY THESE PRESENTS: Contractors Bonding and
That he.Gould Buildinq c-ar~, Tnr,-, 2s Principal, and ,InSurance ..,.- ---.__---..'
2s Surery are heid and firmly bound unto the City of Carlsbad. California, in an ar'i~otinl as 16110~s: (must 5e ai leasr len percent (1 0%) of the bid amounl) ten Ptrcent Of -..._ amount . -. bld, . ,_ foi which
payrrienr, well and truly made. WB bind ourselves, our heirs, executors and adminisirators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH t!w if the propusal of the
abowmounden Principal for:
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
ii'l rhe City of Corlsbad, is accepled by the City Council, and if the .Principal shall d~ily enier iP!b and
execux a Cor,tracr including required bonds and insurance policies withi!) twaity (20) days irorn lhp
cate of award of ConIracT by the City Council of the Ci?y of Carlsbad, being duly notified of said
owsrd. !i~eri [his ohligation shall become nuil and void; otherwise, it shali bo and re.msin in fu:: force
c 2nd effict, and the amount speched Rcrcin shall be forfeited to the sairj .Cily.
...
...
,.I
1..
...
...
...
...
...
.I.
,I.
,..
Contrac; Ne. FAC 04-07
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall - not exonerate the Surety from its ob1igation.s und$r this bond.
Executed by PRINCIPAL this 3rd day of May ,20&L.
(print narn e- he re)
.. ffcstL.f- &J.Q i3:LL;
(Title and Organization of Signatory)
hL&&{fl - 6 bV ci;l
(print name here)
(title and organization of signatory)
Executed by SURETY this 3rd day of May 12004 .
SURETY:
Contractors Bonding and Insurance Company
(name of Surety)
111 Pacifica #350
Irvine, CA 92618
(address of Surety)
949 -341-9 110
(signature of httorney-in-Fact)
Anne Wright - (printed name of Attorney-in-fact)
- (Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of executjon by PRlNClPAt and SURETY must be attached.)
(President or vice-president and secretary or assistant secretaty 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 lo bind the corporation.) ..
APPROVED AS TO FORM: ' RONALD R. BALL City Attorney
By: -
Deputy Cky Attorney
r
' @ Revised 10/08/03 Contract No. FAC 04-07 Page 14 of 61 Pages
. Bid Bond
CONTRACTORS BOSDlSG AND 1SSURANCE COJIPANY - NOTICE - TERRORIS.11 COVERAGE FOR CERTIFIED ACTS OF TERRORJSI\I
\ SOTICE - SO PREhIlU31 CHARGE
?his Hotice is required pursuant IO rhe federal Terrorism Risk Insurance Act of 2002. For renewing policies of
insurance, this Sotice applies upon renen.21 too unless superseded by a ivrjtten nolice specifically so provjdjng.
nere is no need to respond to this Sotice.
J'OU are hereby notified thzt under the Tel-rorisin Risk Insurance .Act of 2002 (the ",4ct"), effeclh'e So\.ember 26, - 7002, you no\v ha\.e a rjght to purchase jnsurrixe co\'erage for losscs arising out of acts of tenorjsni, ES defined in
Section iO-l(l) of the Act. L"nder the Act, 11-2 iemi "act of te~i~risin" means any zct that is certified by the
Secretaly ofihe Treasury, in concmence \\.it11 ;he Secretary of Sws. 2nd the Anorney General ofthe L'nited States
-to be an ECI of ierrorisn~; to be a violent zct cr ict that is dangerous 10 IIUIYI~I~ life: propeity, or infrastructure;
to haye resul;ed in dainase \\.ithin rlx L'nited Ci;tsc, or outside rhe United States in the case of 311 air carrier or
vessel or ihc ~ie~~~ises of a L'njisd Stztes missicn; r;:d to ha\!e been corm~ined by 237 iiidi\.idual or ii~di\.iduals acting
on behalfof xi). foreign perscn cr foreign inrcresIt as part of an e3-m io coerce the cj\.ilizn populitjon ofthe United
States or io izj!uencz the policy or affect rhs coilduct of the Cr,ired Slates GO\.~I~~III~I~~ by coercion. $0 act of
terrorism ci~ be cei?ifiedl I:o-~.ti.er: if resx1iii;g propeity and crsualty insurance !osses in the a~gregrrre do 1'101
ex c e e d S 5 ~ 0 01 I 00 0.
In this Soik?: \ye refer to in xt of ierrorisjn co\.ered under tlx Act as a certified act of terrorism. \l'e ha\.e
decided to pro\.ide insurance col'erage for certified acts ofterrorism onIy at no charge, even thouph by federzl
31v jve are orJp required IO notjfjl )'ou of )'our right to purchase 11~ co\-erage.
Our Policy conlains 2n esclusion of losses czused by ienorism: but iheilct provides an esceptjon from thzt exclusion
for losses resulting from a certified act of terrorism. Xon-cenified acts of tenorisin remain excluded in our
Policy, and ike Policy's ~thtr Fro\.isions still ~~piy IO any certified zct oftenorism. This Sotice 1'1?zy 2150 sene as
an endorseicer;t \s.lien anaclied io our Policy if rl5e1-2 is no other specific endorsrinsnt contained ia our Policy
dealing \i.iih coi.erage for 2 certified act of terrorism.
Additional Information for Polic~~holders u.ith policies proyiding fire insurance in the States of: Arizona,
California? Idaho, Oregon and IYashington
The esisiing ierrorisln esclucion makes zn exception for (and thereby continues co1:erage for) fire losses resultins
from tenorism. Therefore, ihe co\.erzge in our Policy for such fire losses will continue.
DISCLOSL'RE OF FEDERAL PARTIClPATIOS TN PAYh4EXT OF TERRONSM LOSSES
Coverage proyided by our Policy for losses czused by certified rcts of tenorism is paltially reimbursed by the
United Stzies under a formula es~ablislied by 117s .Act. Under this formula, the United States pays 90% of co\.ered
tenonsm losces exceeding ihe stztuiorily esizblished deductible paid by us as the insurance company providing the
coverage. The premium chrrge by us for this co\.erage for certified acts of terrorism is zero. There may be a
charge zt some future point in time if the Federzl Go\.einment piys a loss for the portion of loss co\.ered by the
Federal Go~ern~iieiit under the Act.
Fomi 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
on before me, Nancy I. Trusso g~ot~,-., Public May 3, 2004
Date Name and Tltle of Oticer (e g , "JandDoe Notary Publlc")
person a I I y appeared Anne Wright
Name@) of Signer@)
E personally known to me - OR - 3 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.
0 PTlO 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.
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
Tit le (s) :
2 Partner - Limited 17 General
E Attorney-in-Fact
Ll Trustee
0 Guardian or Conservator
Other:
Ll Trustee
0 Guardian or Conservator Other: Top of thumb here
I I Signer Is Representing: I I
Contractors Bonding and
I Insurance Company
Signer's Name:
n Individual
Corporate Officer
Tit le( s) :
C; Partner - Ll Limited El General
C; Attorney-in-Fact
L Trustee
0 Guardian or Conservator
0 Other:
I I I Signer Is Representing:
~~~~~~-~-~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~
0 1995 National Notary Association - 8236 Remrnet Ave., P.0 Box 7184 * Canoga Park. CA91309-7184 Prod No.5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT F
State of California I
County of
before me, Lorn-, &--
IC 1 A, P 4. Nam an{ille of Officer (e g , "Jane de, Notary Publo")
Namels) of Signer($ personally appeared
Ji(personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@ whose name(syis/aTE
subscribed to the within instrument and
acknowledged to me that he/sf&hey executed
the same in his/herHeir authorized
capacity(ie@, and that by hislhedtheir
signature#) on the instrument the person#, or
the entity upon behalf of which the personw
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 reattachment of this form to another document
Description of Attached Document
Title or Type of Document: BI'.$l-e,.r &d.
Signer(s) Other Than Named Above: 4-e ch3 *>L
Signer's Name: &vtJ A cm ICA (a/r
Document Date: Number of Pages: 3
Capacity(ies) Claimed by Signer
0 Individual
&Corporate Officer - Title(s): k?-?-\&&
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other:
', Signer Is Representing: (ji7) (04 &tun@ C&J\nCL -2%-
Prod No 5907 Reorder Call Tall-Free 1-800-876-6827 0 1999 National Notary Associabon 9350 De Sot0 Ave , P 0 Box 2402 * Chatsworth, CA 91 31 3-2402 - www natlonalnotary org
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
} SS.
State of California
County of San Diego
On ,z d,/ beforeme, Carolyn E. Zajda/Notary Public ,
personally appeared
Date -
Name@) of Bgner(s)
0 personally known to me
proved to me on the basis of satisfactory 4 vidence
to be the personb whose nam&aare
subscribed to th within instrument and
acknowledged to me that trd&hepexecuted
the same in -her+%
capacity(ie@, and t at by
signature@ on the instrument the perso
the entity pon behalf of which the person
acted, executed the instrument. b w
WITY$%S my hand and ofJ&ial seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons reking 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: 3 -0Y Number of Pages: 3 -
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
Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: I
0 19% National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworlh, CA 91 31 3-2402 www nationalnotaty.org Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827
Company Profile Page 1 of 2
Company Profile
CONTRACTORS BONDING AND INSURANCE
COMPANY
P 0 BOX 9271
SEATTLE, WA 98109-0271
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
ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 37206
NAIC Group #: OOOO
California Company ID #: 3000-7
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: WASHINGTON
May 31,1985
License Status: UNLIMITED-NORMAL
r-
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AUTOMOBILE
BURGLARY
FIRE
LEGAL INSURANCE
LIABILITY
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get_co_prof?p_EID=6735 5/6/2004
Company Profile
.-
Page 2 of 2
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - April 26,2004 02:22 PM
Copyright Q California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu_co~prof/idb_co_prof_utl.get_co_prof?p~EID=6735 5/6/2004
x
GUIDE FOR COMPLETING
THE ccDESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in the Supplemental
Provisions to this Contract, especially, “Bid”, “Biddet‘, “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.” Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions.
CAUTIONS This form 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 otherwise to be preformed by forces other
than the Bidder‘s own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing
the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom 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, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) 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.
The Designation of Subcontractors form 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.
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 or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
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 installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be 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.
@ Revised 10/08/03 Contract No. FAC 04-07 Page 15 of 61 Pages
- Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
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.
+.-
@ Revised 10/08/03 Contract No. FAC 04-07 Page 16 of 61 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract 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 one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) 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.
~~
Subcontractor's License No.*
Page \ of I pages of this Subcontractor Designation form
' Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
-- @ Revised 10/08/03 Contract No. FAC 04-07 Page 17 of 61 Pages
..-
I
.-
I
..-
I
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
a Revised 10/08/03 Contract No. FAC 04-07 Page 18 of 61 Pages
c c
0
(3
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
e Revised 10/08/03 Contract No. FAC 04-07 Page 19 of 61 Pages
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrierk notarized signature stating that the carrier can, and upon payment of fees andlor 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
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) 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.
Revised 10108103 Contract No. FAC 04-07 Page 20 of 61 Pages
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
c
party debarred party debarred
I agency agency -
- period of debarment period of debarment
s BY CONTRACTOR:
(sign here)
(print namehitle)
mu'4 P,GOc,LD
Page of / pages of this Re Debarment form
Revised 10/08/03 Contract No. FAC 04-07 Page21 of 61 Pages
c
c
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
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.
1 ) 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 Yes no
- 2) Has the suspension or revocation of your contractors license ever been stayed?
3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
I
x Yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? \/ h no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
- (If needed attach additional sheets to provide full disclosure.)
Page / of pages of this Disclosure of Discipline form
Revised 10/08/03 Contract No. FAC 04-07 Page 22 of 61 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
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:
(print namehitle) -
Page I of I pages of this Disclosure of Discipline form -
__ @ Revised 10/08/03 Contract No. FAC 04-07 Page 23 of 61 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 7106
BY BIDDER AND SUBMITTED WITH BID
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
State of California )
oQql//o 4 . GovA , being first duly sworn, deposes
f- PbeA IDLJ (Name of Bidder)
and says that he or she is (Title)
of GDUCO &U/L QJAI G- W-~~~A~TWC Tiicy
(Name of Finn) --
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
__
I -
I declare under penal
executed on the day of h b4 S, , 20Oy.
rjury that the foregoing is true and correct and that this affidavit was
n -
Signature of Bidder -
- Subscribed and sworn to before me on the 4 4k day of 2Ou-
-
- 1. fl Signature of Notary -
-
- Revised 10/08/03 Contract No. FAC 04-07 Page 24 of 61 Pages
06/24/2004 09:43 619-462-4536 ASPEN INS BROKERS PAGE 81
ACoRDTM. CERTIFICATE OF LIABILIN INSURANCE DATE (MMIDDPIY)
JUN 70 04
PRODUCER ASPEN INSURANCE BROKERS, INC.
5520 WELLESLEY ST. #207
THIS CERTIFICATE 16 ISSUED AS A MAllER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
I I INSURER E
COVERAGES
‘HE POLICIES OF INSURI\NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING hNY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTI-IER DOCUMENT WITH RESPECT TO WIIICH THIS CERTIFICATE MAY BE ISSUED OR
IAY PERTAIN, THE INSURANCE AFFORDED 5Y 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.
-‘ A MESA CA 3194224401 knhlF. Rl%AM-.(240
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
CLAIMSMADE OCCUR ,. _. ,. , ..
.._.__. ---
f AX: 6194624538
INSURED
Agency Lid: ODBQB34 ._- .. .
GOULD BUILDING CONTRACTORS
5,000
Included -- .... ..-.. ..,-.., . , .._..
INSURERS AFFORDING COVERAGE NAlC #
INSURER A: LINCOLN GENERAL INSURANCE co
INSURER 8: Allstate h3SumnCe Company
NJTOMOBILE LlABlLm
41.L OWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NON.OWNED AUTOS
Ng LTR NPE OF INSURANCE
GENERAL LIABILITY
1 .ooo,ooo I 04e6~9n I APR 25 04 ~ APR 25 05 I COMBINED SlNdLE LIMIT
(~3 sccldenl)
POLICY EFFECllM PWCY EXPIRATION LIMITS DATE cnmmoml DATE wwtmrrn POLICY NUMBER
2537001 762-2 APR 26 04 WR 26 05 EACH OCCURRENCE IS 1 .ooo.ooo ____ . .. . .
I I I I -_
L
QARAQE LMBIUTY
ANY AUTO
BODILY INJURY (Por pnnon)
.XI .1.- _I.
BODILY INJURY (per accident)
PROPERW DAMAGE s
AUTO ONLY - EA ACCIDENT 3
OTHER THAN EAACC 3
AGG $ AUTO ONLY
--.-,..-.. ..^__
S
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND UOLOYEW’ LIABILITY
ANI PRDPRlETO&”ARTIIEWECUTlVE DPPICURIhMBER 6XCLUDEW
s ---.-..-..... ”,.
--__. __ s
z
WC ST4TU- OTHER IDRLLIMtT.9- __, -
E.L. EACH 4CCIDENT s
E.L. DISEASE-€4 EMPLOYEE I$ I1 you. dsdbo undor WeCIAC DllOVlSlONS bslm
OTHER
EXCESS I UMBERELLA LIABILllY
OCCUR CLAIMSMADE
..-.-.. .,., .___
E.L. DISEASE-POLICY LIMIT $
EACHOCCURRENCE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIWTION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ’30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
CITY OF CARLSBAD 1635 FARADAY AVENUE
~ARLSBAD, CA 92ooe-7314
I
FAILURE TO DO SO SHALL IMPOSE NO OELlQATlON OR LIABILITY OF ANY KIND UPON ME INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
I I
DESCRIPTION OF OPERATlONS/LOCATlONNEHlCLES/EXCLUSlONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS
CERTIFICATE HOLDER IS ADDITIONAL INSURED PER FORM CG2010 03/97 RE; 2997 GLASGOW DRIVE, CARLSBAD, CA 92008
’IO DAY NOTICE OF CANCELLATION APPLIES TO NON PAYMENT OF PREMIUM
I Attention: KEVIN DAVIS FAX 760802-8556 I I I ACORD 25 (2001/08) Certificate # 7955 Marc KaDlan 061 5246
ASPEN INS BROKERS PAGE 02 06/24/2004 09:43 619-462-4536
1 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($).
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 endorsernent(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constltute 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 25-5 (2001/08) Certificate #7955
06/24/2004 09:43 619-462-4536 ASPEN INS BROKERS PAGE 03
POLICY NUMBER: 2537001762 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 -
THIS ENDORSEMENT CHANGES THE POLICY. PLEAS€ READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
ORGANIZATION CONTRACTORS - SCHEDULED PERSON OR
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LlABlLllY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of Carlsbad 1635 Faraday Avenue
Carlsbad CA 92008
I I
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
Who Is An Insured (Sectlon II) is amended to include as an insured the person or organization shown in the - Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
_-
CG 20 IO 03 97 Copyright, Insurance Services Office, Inc., 1996 Pagelof1 o
SD
CERTHOLDER COPY
STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION - INSURANCE
' F lJ N D CERTIFICATE OF 'WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 08-01-2003 GROUP: 000046
POLICY NUMBER: 0012221-2003
CONTRACTORS STATE LICENSE BOARD SD LICENSE NUMBER: #729445
WORKERS COMPENSAT I ON UN IT INCEPTION DATE: 08-01-2003
P 0 BOX 26000 D.0. : SD
SACRAMENTO CA 95826
This is to certify that we have issued a valid Workars' Compensation insurance policy in a form approved by thz
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 30days' 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.
,-
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000.000.00 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2003 IS ATTACHED TO AND
FORMS A PART OF THIS POLICY. -
EMPLOYER LEGAL NAME
GOULD BUILDING CONTRACTORS, INC. GOULD BUILDING CONTRACTORS, INC.
STE E 810 LOS VALLECITOS BL
SAN MARCOS CA 92069
CONTRACT
PUBLIC WORKS
This agreement is made this Aq .;dr, day of , 2@?, by and between the City of Carlsbad, California, a municipavcorporation, (hereinafter called "City"), and COULD BUILDING CONTRACTORS INC. whose principal place of business
is 810 LOS VALLECITOS BLVD, STE E, SAN MARCOS CA 92069
(hereinafter called "Contractor").
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
(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(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
-
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and the 2004 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.
Revised 10/08/03 Contract No. FAC 04-07 Page 25 of 61 Pages
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
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. ,Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class 11, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
-
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract,
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
@ Revised 10/08/03 Contract No. FAC 04-07 Page 26 of 61 Pages
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,
arbitration, or other dispute resolution method.
-
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
Revised 10/08/03 Contract No. FAC 04-07 Page 27 of 61 Pages
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
.-
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91 -403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
c (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. a Revised 10/08/03 Contract No. FAC 04-07 Page 28 of 61 Pages
- 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.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County, California.
I have read and understand all provisions of Section 11 above. gs init Lk3 init
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.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720
of the Labor Code are incorporated herein by reference.
Revised 10/08/03 Contract No. FAC 04-07 Page 29 of 61 Pages
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
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
AlTACHED
(CORPORATE SEAL)
(sign here)
gycturo A. TrO OLb PfeC
(print name and title)
ATTEST:
By:
ILl,&am ("7 0W-O
(print name ahd 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:
Dephy City Attorne9
Revised 10/08/03 Contract No. FAC 04-07 Page 30 of 61 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
County of
On
personally appeared - before me, Carolyn E. Zajda/Notary Public
CAROLYN E. WDA
Commission # 1340016 7 Notary Public - Calikrnia 5
San Diego County w~m.mres~17.rn1
3 personally known to me
roved to me on the basis of satisfactory
to be the perso@whose na@ is@
subscribed to the within instrument and
”$ e idence
the entity upon be
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 reattachment of this form to another document.
Description of Attached D cument 2-
Title or Type of 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:
Signer Is Representing: u
0 1999 National Notary Asmiation * 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313-2402 - www.nationalnotaryorg Prod No. 5907 Reorder: Call Toil-Free 1-800-8766827
Bond No: C~1530
Premium: Included in Performance Bond PREMIUM WILL BE ADJUSTED
BASED ON FINAL CONTRACT PRICE
LABOR AND MATERIALS BOND
WHEREAS, the City of Carisbad, State of California, has awarded to
CONTRACTORS. INC,
GOULD BUlLDtNG
(hereinafter designated as the "Principal"), a Contract for:
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
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, GOULD BUtLDING CONTRACTORS. INC. , as Principal, (hereinafter designated as the "Contractor"), and and -anv ,
*-: as Surety, are held firmly bound unto the City of Carisbad in the sum of FORTY-THREE
THOUSAND, FIVE HUNDRED Dollars (S 43.500.00 ), 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
Carisbad. and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successoTs, or assigns, jointly and sevemlly, firmly by these presents.
I
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 L specifications.
@ Revised 10/08/03 Contract No. FAC 04-07 Page 31 of 61 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this
'>-.
Executed by SURETY this 25th _._ day 25th
day of May ,20-. of May ,2004. 04
CONTRACTOR: SURETY:
Gould Building Contractors, Inc. Contractors Bondinu a- ompany (name of Surety)
(address of Surety)
111 Pacifica, #350
Irvine, CA 92618
949-341-9110
Anne Wright
(printed name of Attorney-in-Fact) h. G/td&f&/U (attach corporate resolution showing current power
L.. (title zingorganization of .signata$)
/c (Proper notarial acknowledgment of execution by CONTRACTOR and SURf3Y must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
- Revised 10/08/03 Contract No. FAC 04-07 Page 32 of 61 Pages
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
Countyof 5- D/m } SS.
On 40 lU 6 lo! Ea 04 before me, @a)cuADbTc78 6. -V&@, UOrAeY W+(C
Name and Title of Ofllcer (e g , “Jane Doe. Notary Public”) Date
personally appeared phu ID A. G~ULD m’i) B.IAP-Y ar2140m @U@
Name@) 01 Signer($
0 per onally known to me d roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that hekktthey executed
the same in hidtw/their authorized
capacity(ies), and that by tzieHter/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
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 reattachment of this form to another document.
Description of Attached Document
Xtle or Type of Document: Lm&- eA-7’bh-//AZs 3/a 49
Document Date: Me 3-j- -9 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name: 9Wl9 & h4m @XI m- 4- rl Lp
<. Corporate Officer - Title(s): PW k Individual
0 artner - 0 Limited 0 General
0 Trustee
0 Guardian or Conservator
5 0 Attorney-in-Fact
0 Other: I I
Signer Is Representing: u
0 1999 National Notary Assxiatwn - 9350 De Solo Ave , PO. Box 2402 * ChatswoRh, CA 91313-2402 w.nationalnolary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
Bond No: CE1530
CONTRACTORS BOSDlSG AND ISSURANCE COblPANY
rc- NOTICE - TERROIUS3I COVERAGE FOR CERTIFIED ACTS OF TERRORJShj
SOTICE - SO PR.EhIlU~1 CHARGE
fiis Hotice is required pursuint IO ihe federzl Tmorisin Risk Insurance Act of 2002. For reneivine policjes of
insurance, his Sotice applies upon rene\\.sl too unless superseded by a v..rjnen norice specifically so provjding.
There is no ncrd IO respond to lhis Xoijce.
In this Xotic?! 1i.e refer to in ict of terrorisj:> cc\.ered under ihe Act as a certified act of terrorism. \\'e ha1.e
decided to pro\.ide insurance coi'erage for certified acts ofterrorism only at no charge, even ihough by federzl
law u-e 2re only requircd IO nGii5 L'OU of ).ou risht TO yurchsce ihe co\.erage.
Our Poljcy contains an exclusion of losses czused by terrorisin: but ihe Act provides zn escepljon fiom that exclusion
for losses resulting from a certified act of lerrorism. Xon-cinjfied acls of ?tnorisin remain excluded in our
Policy, 2nd iht Policy's oiher pro\'irions still iFFiy io any certified ict ofterrorism. This Sotice II:~' 2150 senre as
zn endorsmcz~ \\.lien eziched ;o our Policy if rhcrs is 170 oiher specific C~~CYSCII~SI~~ con1air:ed in our Poljcy
dealing \i.iil~ co\.emgc for a certified act of terrorism.
Additional Information for Polic!.holders u.ith policies pro\.jding fire insurance in the States of: Arizona,
California, Idaho, Oregon 2nd \\'ashington
The existing ierroris~n exclusion niakes zn exceplon for (and ihtreby continues co\'erage for) fire losses resulrjng
from terrorjsa. Therefore, ihe coi'erzge In om Poljcy for such 5re losses will continue.
DISCLOEU,PE OF FEDEUL PA4RTICIPATIGS I3 PAYb4EXT OF TERRORISM LOSSES
Coverage provided by our Policy for losses ciused by certified zcts of tenorjsrn is parlially reimbursed by the
United Stztes under a formula es~ablisl~ed by ihe .?ict. Under this fonnula, the Uniled States pays 90% of co\*ered
terrorism losses exceeding ihe srituiorily esisblished deductible paid by us as ihe insurance coinpzny providing the
co\:erage. The premjuin chirse by us for this col'erage for certified acts of terrorism is zero. There insy be a
charge zt some future point in time if the Federil Go\.emment piiy a loss for rhe partion of loss coimed by rhe
Federal Goi.ernnient under ilje Act.
Fomi 1
.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
on May 25, 2004 before me, Nancy I. Trusso plOfavI7 Public
personally appeared Anne Wright !
E personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Mare 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.
Dale Name and lille of Officer (e g *‘JandDoe, Notary Public”)
Narne(s) of Signer(s)
LA-%?... -,&z-c-”x > *>: :--;
COMM # 1327166 ,, NOTARY PUBLIC-CALIFORNIA 8
I \- \ / Signature of Notary Public
jU 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: Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Anne Wright Signer’s Name:
0 Individual
0 Corporate Officer
Tit le (s) :
0 Partner - 0 Limited 0 General
E4 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
I I
Signer Is Representing: I I Contractros Bonding and
Insurance Company I
Individual
0 Corporate Officer
Title(s):
Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other: I Top of thumb here
Signer Is Representing:
I I
Reorder: Call Toll-Free 1-800-876-6827 0 1995 National Nolary Associalion 8236 Rernrnel Ave., P.0 Box 7184 - Canqa Park, CA 91309-7184 Prod. No. 5907
PREMIUM WILL BE ADJUSTED Bond NO: CD1530
BASED ON FINAL CONTRACT PRICE $870 - O0
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to
CONRACTORS. INC. , (hereinafter designated as the 'Principal"), a Contract for:
GOULD BUILDING
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
in the City of Carlsbad, in strict conformrty with the contmtct, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the Civ of Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for €he faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, GOULD BUlLD1N.G CONTRACTORS, INC. , as Principal, (hereinafter
designated as the "Contractof"), and contractors Bondincr an d Insurance cow any I as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FORTY-THREE
THOUSAND. FIVE HUNDRED Dollars ($ 43,500.00 ), 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.
< THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, L... 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.
rc
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 hereunder 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.
e
Revised 'l0/08/03 Contract No. FAG 04-07 Page 33 of 61 Pages
In the event that Contractor is an individual, it is agreed that the death of any such contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 25th Executed by SURETY this 25th- day of
>r
dayof May ,20 04 - May ,200a
CONTRACTOR: SURETY:
Gould Building Contractors, Inc. Contractors Bondins and Insurance Cormany
name of Contractor) (name of Surety)
111 Pacifica #350
Irvine, CA 92618
(sign here) (address of Surety)
949-341-9110
(telephone number of Surety)
By:
(print name here)
/-
of Attorney-in-Fact) l-
resolution showing current
{Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seat empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL
City Attorney
By:
Deputy City Attomgy '
-
Revised 10/08/03 Contract No. FAC 04-07 Page 34 of 61 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_-
c
State of California
Countyof 5A7u } SS.
On -.fOAJG 10. wa$ beforeme,%%&&& 4, mw w,auc Date Name and nile of Oilicer (e.9, 'Jane Doe. Ndta~y Public")
personally appeared DAl//I) k . ) 6k @dL9,
Name@) of Signer@)
0 personally known to me
floved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) iar'are
subscribed to the within instrument and
acknowledged to me that Wthey executed
the same in kisffm/their authorized
capacity(ies), and that by kk?r/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
c
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: %'wpJ- pb * wdb@ulfn7k
Document Date: urm -7 318.23y Number of Pages:
Signer@) Other Than Named Above:
@+
Capacity(ies) Claimed by Signer
Signer's Name:-D#d (0 f4-k M&y wm
0 Partner - 0 Limited 17 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: I
0 1999 National Notaly Association . 9350 De Soto Ne.. P.O. Box 2402 * Chatsworth. CA 91 31 3-2402 * www.nationalnotary.org Prod No. 5907 Reorder: Call Toll-Free 1-800876-6827
Bond No: CE1530
CONTMCTORS BOSDISG AND ISSURANCE CO31PANY
- NOTICE - TERRORIS.11 COVERAGE FOR CERTIFIED ACTS OF TERRORISRI
NOTICE - SO PREhlIUI\I CHARGE
This Notice is required pursuant to the federal Terrorism Risk Insurance Act of 2002. For reneiving poljcjes of
insurance, this Notice applies upon rene\val too unless superseded by a 11-rit-ten notice specifically so providing.
There is no need to respond to this Sotice.
J'ou are hereby notified that under the Teisorism Risk Iiisurance .Act of 2002 (the ".Act"), effectii'e Soi.eiiiber 26,
2002, you no\v have a right to purchase insuraixe co\.erage for losses arising out of acts of terrorism, as defined in
Section iO1(1) of the Act. Cnder die Act, 11:e iemi "act of renorisin" means any act that is certified by the
Secretary ofihe Treasur?), in concuiience \4.irh ih2 Secretary of State. and the Xnorney General of the Vnited States
-to be an act of terrorism; IO be a \-iolent act or in act that is dinserous to Iiuman life, propeity, or infrastructure;
to have resuked in daiiiage n.ithIn the United SiaIes: or outside the United States in die case of 311 air carrier or
vessel or the premises of a L'nired States n1issioi.l; zi-d to ha\?e been coniinit~ed by 211 iiidi\:idual or indi\.iduals acting
on behalf of ~nl. foreign person cr foreign interesf, 2s part of an efion to coerce ilx ci\.ilIzn population ofthe United
States or to ini'lueiice tlis policy or affect the conduct of the L'nired Slates Go\.eninient by coercion. $0 act of
terrorism can be cenificd, ho\vei.er: if resultiiig property and czsualty insurance !osses in the aggregate do not
exceed S5,@0@,@00.
In this Soticc, \!.e refer to an 2ct of terrorism coi.ered under the Act as a certified act of terrorism. \!'e ha1.e
decided to provide insurance co\.erage for certified acts ofterrorism only at no charge, even though by federal
law we are only required to notify )'ou of )'our right to purchase the coverage. --
Our Policy contains an esclusion 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 tenorkin remain excluded in our
Poljcy, and the Policy's other provisions still ippl~ to any certified 2ct ofterrorism. This Notice niay also serve as
an endorseiiicnt u.Iieii artached to our Policy If :here is no other specific sndorsenient contained in our Policy
dealing \~iih coverage for 2 certified act of terrorism.
Additional Information for Policyholders jvith policies providing fire insurance in the States of: Arizona,
California, Idaho, Oregon and \\'ashington
The existing ienorisin exclusion makes an exceprion for (and thereby continues coverage for) fire losses resulting
from terrorism Therefore, the coverzge in our Policy for such fire losses will continue.
DISCLOSURE OF FEDERAL PARTICIPATIOS lX PAYMEXT OF TERRORIS14 LOSSES
Coverage provided by our Policy for losses caused by certified acts of tenorism is partially reimbursed by the
United States under a formula established by the Act. Under this fonnula, tlie Vnjted 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 co\'eraoe I for certified acts of terrorism is zero. There inay be a
charge at some fbture point in time if the Federzl Govemmnent pays a loss for the portion of loss covered by the
Federal Govern~nent under the Act.
Fomi 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sari Diego
On before me, Nancy I. Trusso. Public
personally appeared Wright 1
E personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Mare 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.
May 25, 2004
Date Name and Tile of dicer (e 9, "JandDoe Notary Publc") 1
Name@) of Signer@)
-"--.>> ."K YC'-L , --
"Wf I TRUSSo 1 COMM # 1327166 w NOTARY PUBLIC-CALIFORNIA E
SAN DIEGO COUNTY * My Comm Exp Oct 28,2005 I
I i i p-
Sig&k& of Notary Public
OPTlONA L
Though the information below is not required by law, it may prove valuable lo 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 - 0 Limited 0 General
E.4 .Attorney-in-Fact
0 Trustee-
Guardian or Conservator
Other: I I Top of thumb here I I I Signer Is Representing: I
Contractors Bonding and
u Insurance Company
Signer's Name:
Individual
0 Corporate Officer
Title (s) :
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1995 National Notary Association 8236 Remmet Ave.. P.O. Box 7184 f Cancga Park, CA 91309-7184 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 the Calavera Hills Community Center Siding Replacement,
Contract No. FAC 04-07, in the amount of
(hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City
shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor
deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City
within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and
omissions of the Escrow Agent in connection with the handling of retentions under these sections in
an amount not less than $100,000 per contract. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as retention under
the terms of the contract between the City and Contractor. Securities shall be held in the name of the
City and shall designate the Contractor as the beneficial owner.
dated
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.
a Revised 10/08/03 Contract No. FAC 04-07 Page 35 of 61 Pages
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 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:
For Contractor:
For Escrow Agent:
Title FINANCE DIRECTOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Add less
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 10/08/03 Contract No. FAC 04-07 Page 36 of 61 Pages
IN WITNESS WHEREOF, the patties 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
Add ress
Title
Name
Signature
Address
e Revised 10/08/03 Contract No. FAC 04-07 Page 37 of 61 Pages
SUPPLEMENTAL PROVISIONS
FOR
CALAVERA HILLS COMMUNITY CENTER
SIDING REPLACEMENT
CONTRACT NO. FAC 04-07
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
PART 1, GENERAL PROVISIONS
CONSTRUCTION
SECTION 1 -- TERMS, DEFINmONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 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.
,-
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.
@ Revised 10/08/03 Contract No. FAC 04-07 Page 38 of 61 Pages
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.
City Council -the City Council of the City of Carlsbad.
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 inctuded for the purpose of compliance
with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - 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.
Deputy Public Works Director - The Public Works Supervisor’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.
Public Works Supervisor -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
CMW D .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ................................... ..Commercial
DR .......................................... Dimension Ratio e Revised 10/08/03
I
Contract No. FAC 04-07 Page 39 of 61 Pages
E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ......................................... allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit District
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
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VW D ....................................... Vallecitos Water District
T ............................................. Telephone
SECTION 2 -- SCOPE AND CONTROL OF THE WORK -
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value
of the work performed in excess of 50 percent of the contract price by other than the Contractor's
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (10) 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: Delete, "who is
listed in the latest version of U.S. Department of Treasury Circular 570,".
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
I
e Revised 10/08/03 Contract No. FAC 04-07 Page 40 of 61 Pages
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents: I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 2003 Edition, and the 2004 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract.
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 Contract Documents, the document highest in precedence shall control. The precedence shall be the
most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations.
Revised 10/08/03 Contract No. FAC 04-07 Page41 of 61 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.
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 (1 0) 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
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 the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code.
Revised 10/08/03 Contract No. FAC 04-07 Page 42 of 61 Pages
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 otherwise. 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’/2)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 55 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under $5 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-10 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(s) 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.
-
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-1 0.1 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.
Revised 10/08/03 Contract No. FAC 04-07 Page 43 of 61 Pages
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain andlor 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
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, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) 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
Work by Contractor. The following percentages shall be added to the Contractor’s costs and
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
@ Revised 10108103 Contract No. FAC 04-07 Page 44 of 61 Pages
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, 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.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following:
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with 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.
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:
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.
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.
Revised 10/08/03 Contract No. FAC 04-07 Page 45 of 61 Pages
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
2. Public Works Supervisor
3. Deputy Public Works Director
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 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code. _I
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1991.
Revised 10/08/03 Contract No. FAC 04-07 Page46of 61 Pages
.-
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
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator, @ Revised 10/08/03 Contract No. FAC 04-07 Page 47 of 61 Pages
(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 11 41.1 1 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 .lo) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
-
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 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 work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials andlor on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense.
-_
e Revised 10/08/03 Contract No. FAC 04-07 Page 48 of 61 Pages
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section: 4-2 MATERlALS TRANSPORTATION, HANDLtNG AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work.
SECTION 5 -- UTtLlTlES
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.
Revised 10/08/03 Contract No. FAC 04-07 Page 49 of 61 Pages
f
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 20 calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1.1 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:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work is
precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the
notice to proceed and conclude with the date of final completion per the contract duration.
The Baseline Construction Schedule shall include detail of all project phasing, staging, and
sequencing, including all milestones necessary to define beginning and ending of each phase or
stage.
-
Add the following section:
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and
submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks
on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture
patterns or distinctive line types to show the critical path.
Revised 10/08/03 Contract No. FAC 04-07 Page 50 of 61 Pages
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible "Suretrak" program by Primavera or "Project' program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 500 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule.
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 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. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it.
Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule.
-
Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4.
Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration.
@ Revised 10/08/03 Contract No. FAC 04-07 ' Page51 of 61 Pages
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer,
The Contractor, at the sole option of the Engineer, may be considered as having defaulted the
contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the
comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
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 Removina and legally
disposina of the existinq damaaed redwood sidina, installina new waterproofina felt, replacina the
removed sidina and staininq in accordance with the Special Provisions
Revised 10/08/03 Contract No. FAC 04-07 Page 52 of 61 Pages
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. Modify as follows: 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(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently 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 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 (1) 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.
la, Revised 10/08/03 Contract No. FAC 04-07 Page 53 of 61 Pages
. 6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Two Hundred and Fifty Dollars ($250.00)
Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred
fifty dollars ($250) 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.
7-4 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property,
in streets, highways (except State highway right-of-way), railways or other, rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
A Building Permit, #CB040773 has been obtained by the General Services Division. The Contractor
shall call for all required inspections of his work. The Contractor shall call the following telephone
number, 1760) 602-2725, prior to 4:OO PM and request all needed inspections for the work.
The Contractor shall not proceed with or cover any portion of the work requiring inspection by the
Building Official until the Building Department has performed inspections and authorized the
Contractor to proceed.
,.-
Revised 10/08/03 Contract No. FAC 04-07 Page 54 of 61 Pages
7-7 COOPERATION AND COLLATERAL WORK.
c
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall
also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
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. .Add the following 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 99-08-DWQ NPDES General
Permit number CAS000002 and the 'Water Discharge Requirement for Discharges of Storm Water
Runoff Associated with Construction Activity"
c
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.
?@ Revised 10/08/03 Contract No. FAC 04-07 Page 55 of 61 Pages
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL
8-2 FIELD OFFICE FACILITIES. Add the following: A field off ice for agency personnel is not required
for this project.
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.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no iater than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the Supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
writing the reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the Contractor.
If payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure.
Revised 10/08/03 Contract No. FAC 04-07 Page 56 of 61 Pages
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate.
Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made.
Revised 10/08/03 Contract No. FAC 04-07 Page 57 of 61 Pages
SUPPLEMENTAL PROVISIONS
TO
“GREEN BOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
THIS SECTION INTENTIONALLY LEFT BLANK
REFER TO SPECIAL CONSTRUCTION PROVISIONS FOR MATERIALS
REQUIREMENTS
.-
@ Revised 10/08/03 Contract No. FAC 04-07 Page 58 of 61 Pages
... SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Revised 10/08/03 Contract No. FAC 04-07 Page 59 of 61 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTR UCTlON
PART 4, SPECIAL CONSTRUCTION PROVISIONS
SPECIAL CONSTRUCTION PROVISIONS FOR
FASCIA SIDING RENOVATION
COMMUNITY CENTER AT CALAVERA HILLS COMMUNITY PARK
2997 GLASGOW DRIVE, CARLSBAD, CA 92008
Preparation
Remove and dispose of all existing wood siding on fascia of Community Center structure except
existing siding on two (2) additions on north fagade. Remove all nails used to attach existing
wood siding. Remove all existing underlayment except for top 6 minimum where existing
underlayment tucks under flashing. Take precautions to avoid damage to existing top flashing
(to remain) and repair where damage occurs. Salvage existing bottom reglet and attach or
replace where damaged beyond salvage.
New Underlavment
- One (1) layer 15 Ib. felt.
Siding
- 1 x 4 “v” groove smooth Douglas Fir siding with no knots larger than 3/41) in any dimension.
Stagger ends of adjacent boards 4’-0” O.C. minimum.
Nailing
- (4) 6d galvanized finish nails at all board ends and all intermediate support framing not to
exceed 24” O.C.
Corners and Laps
- All corners and laps shall be beveled at 45” and shall be installed with not more than 1/32’’
between bevels.
Calkinq
- All laps, corners, recessed nail heads and other voids shall be caulked with GE L300-1
Caulking and wiped smooth and clean.
Revised 10/08/03 Contract No. FAC 04-07 Page 60 of 61 Pages
Paintinq -Wood Sidinq - -
Clean the surface to remove any dirt, dust, grease, oil, wax, mildew, and other contaminants.
- One (1) coat “ICI Dulux” Prep and Prime House 100% Acrylic Water Based Primer Sealer.
- Two (2) coats ‘El Dulux” Woodpride Exterior Waterborne Solid Color Stain. Color: Dark
Brown (Owner select)
Paintinq - Metal Flashinq
- Wash, scrape, sand to dull the surface and clean to remove any chalk, dirt, dust, grease, oil,
wax, mildew, loose paint, and other contaminants.
- One (1) coat “Frazee” 661 METAL PRIME, Exterior Alkyd Primer
- Two (2) coats “Frazee” 622 ARO-PLATE II LS, Industrial Maintenance Low-Sheen Enamel
Color: Burnt Red (Owner select)
Revised 10/08/03 Contract No. FAC 04-07 Page61 of 61 Pages
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