Item 16 - ADDITIONAL MATERIAL Public Correspondence Twin Peaks Fence Project tturricane & Poway Fen e Company
P.O. B~ 16J6. 209 Tenth Street, ~o~ 0 92065
Cal~om~a L~ce~e ~o. ~53906 C-13
....... Caltra~ ~BE Cert~cat~on ~00049~
~ce ~60~789~J42 F~ ~60J788-1~J7
U~: ~.,conom~er,.~ltbe~t. com e~tl: l~nn~a, net
M~eh 27, 2003 ~ E ¢ [ } V [ D
~. Stoph~ M. Eons H~ ~ 1 2D03
Ci~ ARomey
Ci~ of Poway CITY 0F POWAY
13325 Ci~c C~tg ~ve
Po~y, CA92~4 CITY MANA S 0 FIGE
~ M~h 18, 2003 ~e Ci~ of Po~y op~ bi~ for ~e "T~ Pe~ F~ee ~oje~ - Bid No.
03-025.
We w~e ~e low bidd~ for f~ee e~es ~ a bid of~ ~o~d ~v~ h~ed fo~
00/100 doH~ ($13,704.00). H~b~ Bay, ~c. bid ap~oxlmately fo~ ~o~d doll~
(~,000.0~) ~d~ m.
H~bor Bay, ~e. do~ not have a C-13 ~een~, F~e~g Con--or (~ a~mt 1).
A~ent 2 B~ess ~d ~ofessions Co~ 7055-7056A el~ly ~s ~at a ~ne~
Con,actor ~or a Gene~ B~l~g con~etor ~1 not do "speei~", wo~ but mint
subcon~act ~1 speci~w work to a subcon~etor. ~ ~s ~ a Fenc~g Con~etor ~ a C-13
tieence.
Appgemly Hg~r Bay, ~c. ev~ bid~g ~ job is ~ ~olafion of ~e B~ess ~d ~fessiom
Code.
~e~ent 3 shows ~at we have a C-13 li~nce ~d ~ q~ified to bid ~s job.
Plebe look ~to ~s ~er to see ~at ~e c~ent B~mess ~ofessions Codes ~ co~y
fo~ow~.
La~ M Vo~
CC: C~ifo~a State Lic~e Bo~d
April 15, 2003 Item # ~.~,
Attachment 1 CSLB I' -~e detail Crlarbor Bay, Inc. )
Attachment 2: Busmes, ~., Professions Code '/055-7059.1 (extract;
Attachment 3: CSLB License detail (Hurricane & Poway Fence Co.)
Referenced eases:
Ron Yates Cons~etion Co. v. Superior Court (186 Cal. App 3d 337 (1986))
Currie v. Stolowitz (169 Cal. App. 2d 810 (1959))
Roy Bros. Drilling Co v. Jones (123 Cal. App. 3d 175 (1981))
ConsWuetion Financial LLC v. Perlite Plastering Co. (53 Cal. App. 4* 170 (1997))
April 15, 2003 Item
License Detail GAUF~OJ~NIA COI~I]]~ACT_O~_S~TjC,.~EN~J~..E~OA
Contractor License # 767502
DISCLAIMER
A license status check provides information taken from the CSLB license data base. Before relyin{
on this information, you should be aware of the following limitations:
· CSLB compJaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public
complaint disclosure, an icon will appear below. Click on the icon to obtain additional
complaint information.
· Per B&P 7071 .t7, only construction related civil judgments known to the CSLB are disclose(
· Arbitrations are not listed unless the contractor fails to comply with the terms of the
arbitration.
· Due *.o workload, there may be relevant information that has not yet been entered onto the
Board's license data base.
Extmct Date: 03/2712003
· * * Business Information * * *
HARBOR BAY INC
314 MORGAN PL
VISTA, CA 92083
Business Phone Number: (760) 727-7511
Entity: Corporation
issue Date: 0811711999 Expire Date: 08151/2005
· * * License Status * * *
This license is currant and active. All information below ahould be reviewed.
· * * Classifications * * *
i~-~;~-~- ...................................Description
IA iGENERAL ENGINEERING CONTRACTOR
!B iGENERAL BUILDING CONTRACTOR
iC-8 iCONCRETE
iC36 !PLUMBING
· * * Certifications * * *
iCert Description ~
!HAZ iHAZARDOUS SUBSTANCES REMOVAL:
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp?LicNum=767502 3/27/03
~'~-'~/-/'~/~'~' ~..~. April 15, 2003 Item # /¢
' iHIC iHOME IMPROVEMENT CERTIFICATION
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractors Bond number 110017 in the amount of
$7,500 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 0712711999
BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO)WILLIAM
TOTH certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.
bond of qualifying individual is not required.
Effective Date: 0811711999
* * * Workem Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number. 1478841 Effective Date: 0711911999 Expire Date: 0711912003
Workers Com_~ensation Histo~
Pemonnel listed on this license (current or disassociated) are listed on other licenses.
L Personnel Li~K Other LicensesI
~License Number Reque~ IIc°ntract°r Name Re-est 1~ pers°nnel Name Request
IsalesP-ers°n R'qu's~ IISal'spers°" Name Raque~ I
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Deta/1.asp?LicNum=767502 3/27/03
April 15, 2003 Item # /~
BUSINESS AND PROFESSIONS CODE
SECTION 7055-7 9.1
- 7055. For the purpose of classification, the contracting business
includes any or all of the following branches:
(a) General engineering contracting~
(b) General building contracting.
(c) Specialty contracting.
7056. A general engineering contractor is a contractor whose
principal contracting business is in connection with fixed works
requiring specialized engineering knowledge and skill, including the
following divisions or subjects: irrigation, drainage, water power,
water supply, flood control, inland waterways, harbors, docks and
wharves, shipyards and ports, dams and hydroeleotric projects,
levees, river control and reclamation works, railroads, highways,
streets and roads, tunnels, airports and airways, sewers and sewage
disposal plants and syste~u~, waste reduction plants, bridges,
overpasses, underpasses and other sit, ilar work~, pipelines and other
systems for the trans~ssion of petrole~lm and other liquid or gaseous
substances, parks, playgrounds and other recreational works,
refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill, powerhouses, power
plants and other utility plants and installations, ~ines and
metallurgical plants, land leveling and earthmoving projects,
excavating, grading, trenching, paving and surfacing work and cement
and concrete works in connection with the above mentioned fixed
works.
7057. (a) Except as provided in this section, a general building
contractor is a contractor whose principal contracting business is in
connection with any structure built, being built, or to be built,
for the support, shelter, and enclosure of persons, animals,
chattels, or movable property of any kind, requiring in its
construction the use of at least two unrelated building trades or
crafts, or to do or superintend the whole or any part thereof.
This does not include anyone who merely furnishes materials or
supplies under Section 7045 without fabricating them into, or
consuming them in the performance of the work of the general building
contractor.
(b) A general building contractor may take a prime contract or a
subcontract for a framing or carpentry project. However, a general
building contractor shall not take a prime contract for any project
involving trades other than framing or carpentry unless the prime
contract requires at least two unrelated building trades or crafts
other than freming or carpentry, or unless the general building
contractor holds the appropriate license classification or
subcontracts with an appropriately licensed contractor to perform the
work. A general building contractor shall not take a subcontract
involving trades other than framing or carpentry, unless the
subcontract requires at least two unrelated trades or crafts other
than framing or carpentry, or unless the general building contractor
holds the appropriate license classification. The general building
contractor may not count framing or carpentry in calculating the two
unrelated trades necessary in order for the general building
contractor to be able to take a prime contract or subcontract for a
project involving other trades.
(c) No general building contractor shall contract for any project
that includes the "C-16" Fire Protection classification as provided
for in Section 7026.12 or the "C-57" Well Drilling classification as
http://www.leginfo.ca.gov/c~-bin/displaycode?secfion=bpc&group-~}7001-08000&file=705... 3~6/03
//~/~'7~/7-- ~ .~ April ~5, 2003 Item ~/~
provided for in SectioD 13750.5 of the Water Code, unless the general
building contractor h~ the appropriate license class tion,
or subcontracts with the ~ppropriately licensed contractor.
7058. {a) A specialty contractor is a contractor whose operations
involve the performance of construction work requiring special skill
and whose principal contracting business involves the use of
specialized building trades or crafts.
(b) A specialty contractor includes a contractor whose operations
include the business of servicing or testing fire extinguishing
systems.
(c) A specialty contractor includes a contractor whose operations
are concerned with the installation and laying of carpets, linoleum,
and resilient floor covering.
(d) A specialty contractor includes a contractor whose operations
are concerned with preparing or removing roadway construction zones,
lane closures, flagging, or traffic diversions on roadways,
including, but not limited to, public streets, highways, or any
public conveyance,
On and after January 1, 2001, no person or entity shall set up or
remove roadway construction zones, lane closures, flagging, or
traffic diversions on any roadway unless that person or entity holds
the appropriate specialty license pursuant to this chapter.
7058.5. (a) No contractor shall engage in asbestos-related work, as
defined in Section 6501.8 of the Labor Code, which involves
square feet or more of surface area of asbestos containing materials,
unless the qualifier for the license passes an asbestos
certification examination. Additional updated asbestos
certification examinations may be required based on new health and
safety information. The decision on whether to rec~Aire an updated
certification examination shall be reade by the Contractors' State
License Board, in consultation with the Division of Occupational
Safety and Health in the Department of Industrial Relations and the
State Department of Health Services.
No asbestos certification examination shall be required for
contractors involved with the installation, maintenance, and repair
of asbestos cement pipe or sheets, vinyl asbestos floor materials, or
asbestos bittuninous or resinous materials.
"Asbestos" as used in this section, has the same meaning as
definod in Section 6501.7 of the Labor Code.
(b) The Contractors' State License Board shall develop, and
deliver to all applicants with the request for bond and fee, a
booklet containing information relative to handling and disposal of
asbestos, together with an open book examination concerning
asbestos-related work. All applicants for an initial contractor's
license and all applicants filing a delinquent renewal application
who have not previously completed the open book examination shall
complete and sign the open book examination and submit it to the
Contractors' State License Board with the required renewal or bond
and fee.
705~.6. ia} The board shall not issue ~n asbestos certification, as
required by Section 7058.5, unless the contractor is registered with
the Division of Occupational Safety and Health of the Department of
Industrial Relations pursuanf to Section 6501.5 of the Labor Code.
The board may issue an asbestos certification to a contractor who is
not registered, provided the contractor in a written statement
acknowledges that he or she dges not perform asbestos-related work.
http://www,leginfo.ca, gov/cgi-binJ~splaycode?s¢cfion=bpc&group--07001-08000&file=705... 3~6/03
April ~§, 2003 Item #_~_
The board shall notify both the division and the contractor, in
writing, of the contrac~ ~'s passage of the certification--~
examination, for the p, ~se of allowing the contractor t atisfy
the requirement of parag£aph {1) of stlbdivision {a) of Section 6501.5
of the Labor Code. The contractor shall register with the division
within 90 days from the date the contractor is notified of the
passage of the certification examination. The board ~y require a
- reexamination if the contractor fails to register Within 90 days
following issuance of the notification. Applicable test fees shall
be paid for any reexamination required under this section.
(b) ~y contractor who is certified to engaqe in asbestos-related
work shall present proof of current registration with the division
pursuant to Section 6501.5 of the Labor Code upon application for
renewal of his or her license, if the contractor engages in
asbestos-related work, as defined in Section 6501.8 of the Labor
Code.
(c) A contractor who is not certified pursuant to this section may
bid on and contract to perfo~-m a project involving asbestos-related
work as long as the asbestos-related work is performed by a
contractor who is certified and registered pursuant to this section
and Section 6501.5 of the Labor Code.
(d) The board shall obtain and periodically update the list of
contractors certified to engage in asbestos-related work who are
registered pursuant to Section 6501.5 of the Labor Code.
This section shall become operative on July 1, 1989.
7058.7. (a) No contractor may engage in a removal or remedial
action, as defined in subdivision (d), unless the qualifier for the
license has passed an approved hazardous substance certification
examination.
(b) (1) The Contractors' State License Board, the Division of
Occupational Safety and Health of the Department of Industrial
Relations, and the Department of Toxic Substances Control shall
jointly select an advisory conTaittee, which shall be composed of two
representatives of hazardous substance removal workers in California,
two general engineering contractors in california, and two
representatives of insurance companies in California who shall be
selected by the Insurance Conunissioner.
(2) The Contractors' State License Board shall develop a written
test for the certification of contractors engaged in hazardous
substance removal or remedial action, in consultation with the
Division of Occupational Safety and Health, the state Water Resources
Control Board, the Department of Toxic Substances Control, and the
advisory co~unittee.
(c) The Contractors' State License Board may require additional
updated approved hazardous substance certification examinations of
licensees currently certified based on new public or occupational
health and safety information. The Contractors' State License Board,
in consultation with the Department of Toxic Substances Control and
the State Water Resources Control Board, shall approve other initial
and updated hazardous substance certification exarainations and
determine whether to require an updated certification ex~unination of
all current certificate holders.
(d) For purposes of this section "removal or remedial action" has
the same meaning as found in Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code, if the action
requires the contractor to dig into the surface of the earth and
remove the dug material and the actzon is at a site listed pursuant
to Section 25356 of the Health and Safety Code or any other site
listed as a hazardous substance release site by the Department of
Toxic Substances Control or a site listed on the National Priorities
List compiled pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 19SQ (42 U.S.C. Sec. 9601 et
http:#wvcw.lcginfo.ca.gov/cgi-bin/displaycod¢?secfion=bpc&group=07001-08000&fi1¢=705... 3/26/03
April 15, 2003 Item #
seq.). "Removal or remedial action" does not include
asbestos-related work defined in Section 6501.8 of t %bet
Code, or work related ~ a hazardous substance spill on a nxghway.
(e) (1) A contractor may not install or remove an underground
storage tank~ unless the contractor has passed the hazardous
substance certification examination developed pursuant to this
section.
(2) A contractor who is not certified may bid on or contract for
the installation or removal of an underground tank, if the work is
performed by a contractor who is certified pursuant to this section.
(3) For purposes of this subdivision, "underground storage tank"
has the same meaning as defined in subdivision (y) of Section 25281
of the Health and Safety Code.
7058.8. The board shall make available to the p%~lic upon request
information about contracting for the removal or encapsulation of
asbestos-containing materials in a building including all of the
following:
(a) Steps to take when contracting with a company to remove
asbestos.
(b) Existing laws and regulations pertaining to asbestos-related
work in California.
(c} Basic health information as contained in the United States
Environmental Protection Agency publication, "Guidance for
Controlling Asbestos-Containing Materials in Buildings."
(d) A current list of contractors who are certified pursuant to
Section 7058.5 to engage in asbestos-related work and who are
registered pursuant to Section 6501.5 of the Labor Code.
This section shall become operative on July 1, 1989.
7059. (a) The board may adopt reasonably necessary rules and
regulations to effect the classification of contractors in a manner
consistent with established usage and procedure as found in the
construction business, and may limit the field and scope of the
operations of a licensed contractor to those in which he o~ she is
classified and qualified to engage, as defined by Sections 7055,
7056, 7057, and 7058. A licensee may make application for
classification and be classified in more than one classification if
the licensee meets the qualifications prescribed by the board for
such additional classification or classifications. The application
shall be in a form as prescribed by the registrar and shall be
accompanied by the application fee fixed by this chapter. No license
fee shall be charged for an additional classificstion or
classifications.
Nothing contained in this section shall prohibit a specialty
contractor from taking and executing a contract involving the use of
two or more crafts or trades, if the perfoITn~nce of th~ work in the
crafts or trades, other than in which he or she is licensed, is
incidental and supplemental to the performance of the work in the
craft for which the specialty contractor is licensed.
(b) In public works contracts, as defined in Section 1101 of the
Public Contract Code, the awarding authority shall determine the
license classification necessary to bid and perform the project. In
no case shall the awarding authority award a prime contract to a
specialty contractor whose classification constitutes less than a
majority of the project. When a specialty contractor is authorized
to bid a project, all work to be performed outside of his or her
license specialty, except work authorized by subdivision (a), shall
be performed by a licensed subcontractor in compliance with the
Subletting and Subcontracting Fair Practices Act (Chapter 4
http://www.leginfo.ca.gov/cD-bin/displaycode?secfion=bpc&group=07001-08000&file=705... 3~6~3
April 15, 2003 Item # /~
(conm~enclng with Section 4100) of Part 1 of Division 2 Of the Public
Contract Code).
7059.1. (al A licensee shall not use any business name that
indicates the licensee is qualified to perform work in
classifications other than those issued for that license, or any
business name that is incompatible with the type of business entity
licensed.
(b) A licensee shall not conduct b~siness under more than one name
for each license. Nothing in this section shall prevent a licensee
from obtaining a business name change as otherwise provided by this
chapter.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=07001-08000&file=705... 3/26/03
April ~5, 2003 Item
License Detail _C_~L_LF_O~NIA_ ~_O_~I_T__RA_CT_OR~.~__S_T_.~JTE___L!.C_.E__N_
Contractor License # 453906
DISCLAIMER
A license status check provides information taken from the CSLB license data base. Befor~
on this information, you should be aware of the following limitations:
· CSLB complaint disclosure is restricted by law (B&P 7!24.6). If this entity is subject tr
complaint disclosure, an icon will appear below. Click on the icon to obtain additional
complaint information.
· Per B&P 7071.17, only construction related civil judgments known to the CSLB are d}
· Arbitrations are not listed unless the contractor fails to comply with fl~e terms of the
arbitration.
· Due to workload, there may be relevant information that has not yet been entered ont
Board's license data base.
Extract Date: 03/26/2003
· * * Business Information * * *
HURRICANE AND POWAY FENCE CO
P O BOX 1636
RAMONA, CA 92065
Business Phone Number:. (760)789-4142
Entity: Sole Ownership
Issue Date: 03122/1984 Expire Date: 0313'112004
· * * License Status * * *
This license is current and active. All information below should be reviewed.
· * * Classifications * * *
JClass
!Ct3 IFENCING ;
· * * Certifications * * *
iCert Description
HIC tHOME IMPROVEMENT CERTIFICATION;
· * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number SA5108903 in the a
$7,500 with the bonding cernpany
STAR INSURANCE COMPANY.
Effective Date: 0312011996
http://www2.cslb.ca.gov/CSLB LIBRARY/License+Detail asp~LicNum=453906 3/26/03
~'~f~/~'~C~/t'~7~'/f.~'-~ April 15, 2003 Item #
-C0ntra_~e_c!or's Bonding_ Hi, - ~
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 1669283 Effective Date: 12/06/2001 Expire Date: 10101/2005
_Workers Compensation Histo~
Personnel listed on this license (current or disassociated) are listed on other lice~
~ 2~2 ~tate of California. Gray ~vls, Governor. ~n~ of Use Pnva~
http://www2 .cslb.ca.gov/CSLB_LIBRARY/License+Detail. asp?LicNum--453906 3/26/03
April 15, 2003 Item #//~