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Home My WebLink AboutAir Purification Systems; 1995-06-09; CS 95-1". CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR INSTALLATION OF DIESEL EXHAUST SYSTEMS 0 AT VARIOUS FIRE STATIONS CONTRACT NO. CS95-1 * 211 5 @ H \CNTQ5014 FM TABLE OF CONTENTS item _4 Pa< 0 NOTICE INVITING BIDS ................................................. CONTRACTOR’S PROPOSAL ............................................. BIDDER’S BOND TO ACCOMPANY PROPOSAL ............................... 1 DESIGNATION OF SUBCONTRACTORS ..................................... BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ......................... BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................. NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ..................................... CONTRACT - PUBLIC WORKS ............................................ LABOR AND MATERIALS BOND ........................................... PERFORMANCE BOND ................................................. REPRESENTATION AND CERTIFICATION ................................... ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION.. ....................................... RELEASEFORM ...................................................... S PECl AL PROW SI 0 N S I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ...................................... II. CONTRACTOR’S PROPOSAL .......................................... i e 211 5 @ H:\CNT95014.FM -- 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 0 27 26 28 (;I 0 RESOLUTION NO. 95-116 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE SOLE SOURCE CONTRACT FOR THE INSTALLATION OF DIESEL UHAUST SYSTEMS AT FIRE STATIONS WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFOR determined that to protect the health and safety of employees working in the fire st€ necessary to install diesel exhaust systems to remove pollutants; and WHEREAS, the Plymovement Sliding Balancing Track (SBT) exhaust extractic is deemed to be superior to other available systems, will conform to the system alread, at Fire Station No. 2 and will be compatible with systems utilized by the Enci Oceanside Fire Departments, thus aliowing exchange of apparatus between the ager WHEREAS, AAlR Purification Systems has been determined to be the exclusiv of the Plymovement SBT System and has submitted a bid of $80,533.04 to install thes at Fire Stations No. 1, 2, 3, 4 and 6. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ct follows: 1. 2. The above recitations are true and correct. The Mayor is authorized to execute a sole source contract with AAlR F Systems for the purchase and installation of diesel exhaust syste stat ions. Ill Ill Ill 111 1 2 3 4 5 6 7 8 9 10 11 12 13 0 0 l4 15 16 17 18 19 20 21 22 23 24 25 @ :: 28 Ll 0 PASSED, APPROVED AND A[TO?'i'Ei) by the City Council of ihe City of Carl& regular meeting held on the 25th day of APRIL , 1995, by the following votc AYES: Council Member8 Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member Nygaard ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (sEAL) CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS 0 Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsl: 9 19- , at which time they will be opened and read, for performing the WI Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the dab N/A as follows: INSTALLATION OF DIESEL EXHAUST SYSTEMS AT VARIOUS FIRE STATIONS CONTRACT NO. CS95-1 The work shall be performed in strict conformity with the specifications as approved by the C Council of the City of Carlsbad on file with the Department. The specifications the work include the Standard Specifications of Public Works Construction, (SSPWC), 15 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southc California Chapter of the American Public Works Association and as amended by the spe provisions sections of this contract. Reference is hereby made to the specifications for particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned business€ The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators c contractors to utilize recycled and recyclable materials when available and where appropria No bid will be received unless it is made on a proposal form furnished by the Purchas Department. Each bid must be accompanied by security in a form and amount required by Ii The bidder's security of the second and third next lowest responsive bidders may be withh until the Contract has been fully executed. The security submitted by all other unsucces! bidders shall be returned to them, or deemed void, within ten (IO) days after the Contrac awarded. Pursuant to the provisions of law (Public Contract Code Section 22300), appropri securities may be substituted for any obligation required by this notice or for any monies withh by the City to ensure performance under this Contract. Section 22300 of the Public Contr Code requires monies or securities to be deposited with the City or a state or federally charte bank in California as the escrow agent. The documents which must be completed, properly executed, and notarized are: N/A 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit Experience 4. Contract 5. Designation of Subcontractors Certification 6. Amount of Subcontractors' Bid 7. Bidder's Statement of Financial Responsibility 8. Bidder's Statement of Technical Ability and 9. Purchasing Department Representation and 10. Escrow Agreement for Security Deposits (optiona 0 2/15 @ H \CNT95014 FM All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities approximate and serve solely as a basis for the comparison of bids. The Engineer's Estim is $76,000. No bid shall be accepted from a contractor who is not licensed in accordance with provisions of California state law. The contractor shall state their license number, expiration d and classification in the proposal, under penalty of perjury. The following classifications ( acceptable for this contract: (2-43 in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract document: lieu of the usual 10% retention from each payment, these documents must be completed E submitted with the signed contract. The escrow agreement may not be substituted at a le date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchas Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, Califori for a non-refundable fee of N/A per set. If plans and specifications are to be mailed, the c for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any mi irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the La, Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clc The Contractor to whom the Contract is awarded shall not pay less than the said specif prevailing rates of wages to all workers employed by him or her in the execution of the Contr: The Prime Contractor shall be responsible for insuring compliance with provisions of Sec 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Sublet and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized offic 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 s apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indica in this proposal, times the unit price as submitted by the bidder. In case of a discrepa between words and figures, the words shall prevail. In case of an error in the extension of a I price, the corrected extension shall be calculated and the bids will be computed as indica 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 ty or written in with ink and must be initialed in ink by a person authorized to sign for Contractor. @ 0 e 21 1 @ H'\CNT95014 FM Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior bidding. Submission of bids without acknowledgment of addenda may be cause of rejectic of bid. Bonds to secure faithful performance and warranty of the work and payment of laborers ai materials suppliers, in an amount equal to one hundred percent (1 00%) and fifty percent (500, respectively, of the Contract price will be required for work on this project. These bonds sh be kept in full force and effect during the course of this project, and shall extend in full force ai effect and be retained by the City until they are released as stated in the Special Provisio section of this contract. All bonds are to be placed with a surety insurance carrier admitted ai authorized to transact the business of insurance in California and whose assets exceed thj liabilities in an amount equal to or in excess of the amount of the bond. The bonds are contain the following documents: @ 1) An original, or a certified copy , of the unrevoked appointment, power of attorney, laws, or other instrument entitling or authorizing the person who executed the bond do so. 2) A certified copy of the certificate of authority of the insurer issued by the insuran commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statemt and quarterly statement filed with the Department of Insurance pursuant to Article (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Coc within 10 calendar days of the insurer's receipt of a request to submit the statements. insurance is to be placed with insurers that have (1) a rating in the most recent Best's K Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business insurance in the State of California by the Insurance Commissioner. Auto policies offered meet the specification of this contract must: (1) meet the conditions stated above for insurance companies and (2) cover anv vehicle used in the performance of the contract, us onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduB The auto insurance certificate must state the coverage is for "any auto" and cannot be limii in any manner. Workers' compensation insurance required under this contract must be offered by a compz meeting the above standards with the exception that the Best's rating condition is waived. 1 City does accept policies issued by the State Compensation Fund meeting the requirement workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. P additional cost of said insurance shall be included in the bid price. The prime contractor and all subcontractors are required to have and maintain a valid City Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 0 adopted on the day of 9 19 . Date Aletha L. Rautenkranz, City Clerk 0 2/1 f @ H \CNT95014 FM STAT1 ON PARTS LABOR Fire Station 1 $1 9,526.00 $6,793.00 Fire Station 2 $4,078.00 $2,143.00 Fire Station 3 $1 0,245.00 $6,39 1 ~ 00 Fire Station 4 $1 0,455.00 $6,288.00 Fire Station 6 $6,668.00 $4,378.00 TAX TOTAL $1,366.82 $27,685.8 $285.46 $6,506.4 $71 7.15 $1 7,353.1 $731.85 $17,474.8 $466.76 $1 1,512.7 TOTAL $80,533.0 Approxi mat e item Quantity Unit - No. Description and Unit -- Price Total 0 0 Total amount of bid in words:Eiahty-Thousand Five Hundred Thirty Three Dollars and four cent Total amount of bid in numbers: $ 80,533.04 Price(s) given above are firm for 90 days after date of bid opening. 211 51 0 @ H:\CNT95014.FM Addend u m (a) No (s) . proposal. The Undersigned has checked carefully all of the above figures and understands that the CI will not be responsible for any error or omission on the part of the Undersigned in preparing tt- bid. The Undersigned agrees that in case of default in executing the required Contract wi necessary bonds and insurance policies within twenty (20) days from the date of award Contract by the City Council of the City of Carlsbad, the proceeds of the check or bor accompanying this bid shall become the property of the City of Carlsbad. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed do business or act in the capacity of a contractor within the State of California, validly licensf under license number 621360 ~ classification c-43 which expir on 06/30/95 , and that this statement is true and correct and has the legal effc of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to t Business and Professions Code shall be considered nonresponsive and shall be rejected by t City. 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall invalidated by the failure of the bidder to be licensed in accordance with California lav However, at the time the contract is awarded, the contractor shall be properly licensed. Put: Contract Code § 201 04. The Undersigned bidder hereby represents as follows: hadhave been received and is/are included in tt a 1. That no Council member, officer agent, or employee of the City of Carlsbad is persona interested, directly or indirectly, in this Contract, or the compensation to be p hereunder; that no representation, oral or in writing, of the City Council, its office agents, or employees has inducted him/her to enter into this Contract, excepting o those contained in this form of Contract and the papers made a part hereof by its tern and 2. That this bid is made without connection with any person, firm, or corporation maki a bid for the same work, and is in all respects fair and without collusion or fraud. e Accompanying this proposal is N/A (Cash, Certified Check, Bo or Cashier’s Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requii every employer to be insured against liability for workers’ compensation or to undertake sc insurance in accordance with the provisions of that code, and agrees to comply with su provisions before commencing the performance of the work of this Contract and continue comply until the contract is complete. .... .... * 2/1 E @ H.\CNT95014.FM The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article relative to the general prevailing rate of wages for each craft or type of worker needed execute the Contract and agrees to comply with its provisions. o IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be m: by a general partner) 0 (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. a 2/1! @ H \CNT95014 FM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of San Diego On i12 &?&, C"-l%g before me, Lawrence Gonzales, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared q-EFF 57-0 REy 'NAME(S) OF SIGNER(S) personally known to me - OR - D proved to me on the basis of satisfactory evider to be the person(s) whose name(s) is/; subscribed to the within instrument and i knowledged to me that he/she/they execul the same in his/her/their authoriz capacity(ies), and that by his/her/th. signature(s) on the instrument the person( or the entity upon behalf of which ti person(s) acted, executed the instrumel --l___l___ ---_1_-- OiFICIAL SEAL LhLWENCE C;ONZA,LES ' P.RY PLJBL'C-Ckl'qW p< Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form CAPACITY CLAl MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEh &m-?%kx BLb p&g-ioE?%n- TITLE OR TYPE OF DOCUMENT TITLE(S) NUMBER OF PAGES L2 MRM- i$yq DATE OF DOCUMENT SIGNER IS REPRESENTING: Sh M'@zA?mJ SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 7184 Canoga Park, CA IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted The Reinhart CorDoration 0 (2) Impress Corporate Sea! he (3) Incorporated under the laws of the State of (4) Place of Business 9040 Kenamar Drive Suite 402 California (Street and Number) City and State Sari Diego - CA (5) Zip Code 92121 Telephone No. (619) 578-2825 NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST 0 AITACHED List below names of president, vice president, secretary and assistant secretary, if a corporatic if a partnership, list names of all general partners, and managing partners: Jeff Storey President Sam McOueen - Vi CF! Prpsi d pn t a 2/1! @ H iCNT95014 FM BID SECURITY FORM (Check to Accompany Bid) @ (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of C’ OF CARLSBAD, in the sum of dollars ($ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this chc shall become the property of the City provided this proposal shall be accepted by the C through action of its legally constituted contracting authorities and the undersigned shall fai execute a contract and furnish the required Performance, Warranty and Payment Bonds 2 proof of insurance coverage within the stipulated time; otherwise, the check shall be returr to the undersigned. The proceeds of this check shall also become the property of the City if undersigned shall withdraw his bid within the period of fifteen (15) days after the date set for opening thereof, unless otherwise required by law, and notwithstanding the award of contract to another bidder. 0 BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pz shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total arnoui the bid.) 0 2/1 @ H \CNT95014 FM BIDDER’S BOND TO ACCOMPANY PROPOSAL 0 KNOW ALL PERSONS BY THESE PRESENTS: That we, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount i follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors ar administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the aboi bounden Principal for: I as Principal, and in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter ir and execute a Contract including required bonds and insurance policies within twenty (20) da from the date of award of Contract by the City Council of the City of Carlsbad, being dt notified of said award, then this obligation shall become null and void; otherwise, it shall be a remain in full force and effect, and the amount specified herein shall be forfeited to the said C .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 0 2/1 @ ti \CNTQ5014.FM In the event Principal executed this bond as an individual, it is agreed that the death of Princii shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day Executed by SURETY this d of I 19-. of 9 19- 0 P R I N C I PAL: SURETY: (name of Principal) (name of Surety) By: (sign here) (address of Surety) (print name here) (telephone number of Surety) By: (Title and Organization of Signatory) (signature of Attorney-in-Fact) By: (sign here) (printed name of Attorney-in-Fact) 0 (print name here) (Attach corporate resolution showing curl power of attorney.) (title and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached. (President or vice-president and secretary or assistant secretary must sign for corporation: only one officer signs, the corporation must attach a resolution certified by the secretar) assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: D. RICHARD RUDOLF Assistant City Attorney 2/1 e @ ti \CNT95014 FM DESIGNATION OF SUBCONTRACTORS (To Accompany Proposal) The Contractor certifies he/she has used the sub-bids of the following listed Contractors making up his/her bid and that the sub-contractors listed will be used for the work for which th bid, subject to the approval of the City Engineer, and in accordance with applicable provisior of the specifications and Section 4100 et seq. of the Public Contracts Code - "Subletting at Subcontracting Fair Practices Act." No changes may be made in these subcontractors exce upon the prior approval of the City Engineer of the City of Carlsbad. The following informati is required for each sub-contractor. Additional pages can be attached if required: This project does- does not- have bid items designated as "Specialty Items." 0 Items of Complete Address Phone Nc Work Full Companv Name with Zip Code & Area Coc Electrical Mr. Fix-It Ind. 1924 Coe Place (619) 42 Chula Vista CA 91913 a 1 2/1 0 @ H \CNT95014 FM AMOUNT OF SUBCONTRACTORS' BIDS (To Accompany Proposal) a The bidder is to provide the following information on the subbids of all the listed subcontractc as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Contracting Carlsbad Business Amount of E Full Companv Name License & No. License No." I$ or %l Mr. Fix-It Ind. C-70 C-38 C-20 $ 4000.0C 466353 a * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained pn submission of signed Contracts. 211 0 @ H \CNT95014 FM BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) o Bidder submits herewith a statement of financial responsibility. SEE ATTACHED BALANCE SHEET e a 2/1 @ H \CNT95014 FM AAIR PURIFICATION SYSTEMS Income Statement as of 3/31/95 11:52 AM *come Statement for the Current Fiscal Year. Revenue from Sales Actual Sales 29,285.1 0 Enviracaire - Nontaxable 8,446.73 Service Contract Sales 3,148.89 C&l Sales 143,802.01 Installation 23,460.00 Freight Charged 4,624.89 Revenue from Sales 21 2,767.62 Less Sales discount 705.92 Net Sales 212,061.70 Cost of Goods Sold Opening Inventory 44,263.56 C&l Cost of Sales 102,574.41 Personal Product Purchases 29,821 .OO Freight Inbound 2,734.60 Cost of Goods Available for Sale 179,393.57 Less Current Inventory 65,808.70 Cost of Goods Sold 113,584.87 aross Profit 98,476.83 Expenses Salaries - Staff 10,726.63 Salaries - Officers 20,450.00 Accounting 615.60 Advertising & Trade Shows 4,703.63 Auto & Truck Expense 3,559.1 1 Bank Charges 208.31 Commissions 1,250.00 Consulting Services 1,677.00 Contract Labor 1,347.50 Entertainment 54.26 Freight Outbound 2,579.96 Insurance 5,260.83 Interest 1,314.98 Legal 3,718.42 Licenses, Permits & Membe ... 55.00 Office Expense 4,078.94 Office Supplies 507.60 Postage 300.00 Printing 469.21 Rent 7,770.62 203.78 Equipment Rental Shop Supplies 2,788.85 Payroll Taxes 2,385.05 @ Settlement 3,381 .OO Telecommunications 4,831.96 Page 1 L AAIR ~URIFICATION SYSTEMS Income Statement as of 3/31/95 11:52 AM 401.84 1,089.50 979.16 Utilities Tax Expense 8,494.1 8 Total Expenses 95,202.92 Total Income from Operations 3,273.91 Other Income Total Other Income 0.00 .T;::e I Net Income 3,273.91 0 0 Page 2 AAlR PURIFICATION SYSTEMS Balance Sheet as of 3/31/95 11:59 AM malance Sheet for Months January to March. Assets Current Assets Actual Postage Cash Account 100.00 Petty Cash 79.57 Cash Grossmont Bank 155.72 Cash 1 11,746.78 Cash 2 13.97 Accounts Receivable 77,371.64 Current Inventory 65,808.70 Total Current Assets 156,246.38 Fixed Assets Deposits 970.00 Auto & Trucks 47,986.40 Rental Equipment-Fleet 7,705.00 Computer Software 2,695.92 Machinery & Equipment 21,328.32 Tools (902.00) Accumulated Appreciation (76,729.00) Goodwill 6,000.00 Security Deposits 2,486.33 . Lease Deposits 309.1 4 Total Fixed Assets 28,354.66 Total Assets 184,601.04 Computer & Peripherals 17,474.55 Liabilities Current Liabilities Accounts Payable 101,706.00 Inter-Company Suspense 10,675.99 FUTA Payable (45.09) State Income Tax & SDI 201.76 Line of Credit Payable 32,500.00 Sales Tax Payable 12,288.95 Total Current Liabilities 157,327.61 Lona-Term Liabilities Note Payable - Computers 4,488.61 Note Payable - Explorer 15,389.33 Note Payable - Mazda Truck (28.1 9) Note Payable- Reinhart (21 ,I 08.88) Deferred Rent 7,351.97 Total Long-term Liabilities 6,092.84 o Total Liabilities 163,420.45 Page I AAlR PURIFICATION SYSTEMS Balance Sheet as of 3/31/95 11:59 AM ewners Eauity Equitv Accounts Common Stock 22,002.00 Retained Earnings (1,354.75) Net Income 3,273.91 Total Equity Accounts 23,921 .I 6 Total Liabilities and Owners Equity 187,341.61 a e Page 2 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the propos Contract he/she has successfully performed and give references, with telephone numbers, whi will enable the City to judge hidher responsibility, experience and skill. An attachment can used. a Name and Address e 2/1 0. bE3 H \CNT95014 FM NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMllTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 a State of California ) County of 1 ) ss. Jeff Storey , being first duly sworn, deposes (Name of Bidder) and says that he or she is President (Title) of The Reinhart Coruoration DBA Aair Purification Systems (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf any undisclosed person, partnership, company, association, organization, or corporation; tl the bid is genuine and not collusive or sham; that the bidder has not directly or indirec induced or solicited any other bidder to put in a false or sham bid, and has not directly indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put if sham bid, or that anyone shall refrain from bidding; that the bidder has not in any mann directly or indirectly, sought by agreement, communication, or conference with anyone to fix 1 bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of I bid price, or of that of any other bidder, or to secure any advantage against the public bc awarding the contract of anyone interested in the proposed contract; that all stateme contained in the bid are true; and, further, that the bidder has not, directly or indirec submitted his or her bid price or any breakdown thereof, or the contents thereof, or divuls information or data relative thereto, or paid, and will not pay, any fee to any corporati partnership, company association, organization, bid depository, or to any member or ag thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit v 0 executed on the 12th day of April ,1995. Subscribed and sworn to before me on th I I LAWRENCE GONZCiLRS L YOTARY PUBLIC-CAL1;09NIA F CGMMISSION NLiMBEA 926279 PRINCIPALO~FICE INSAN DlEGO COUNTY i 1 MY COMM E&&QNJ8&J&9~ I -.I__ e I-,=%L=T-L H \CNT95014 FM 0 CONTRACT - PUBLIC WORKS This agreement is made this 7 e day of#W , 19A by a between the City of Carlsbad, California, a munici orporation, (hereinafter called "City"), e The Reinhart Corporation DBA Aair Purification Systems whose principal place Of businl is9040 Kenamar Drive Suite 402, San Diego, CA 92121 (hereina called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract docume for: the Installation of Diesel Exhaust Systems at Various Fire Stations, Contract I CS95-1. (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materials, to equipment, and personnel to perform the work specified by the Contract Documents. Contract Documents. The Contract Documents consist of this Contract, Notice lnvi Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidd Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Esc Agreement, Release Form, the Plans and Specifications, the Special Provisions, an( proper amendments and changes made thereto in accordance with this Contract or Plans and Specifications, and all bonds for the project; all of which are incorporated he by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the b as indicated, specified, and implied by the Contract Documents. Any items of work indicated or specified, but which are essential to the completion of the work, shal provided at the Contractor's expense to fulfill the intent of said documents. In all instar through the life of the Contract, the City will be the interpreter of the intent of the Coni Documents, and the City's decision relative to said intent will be final and binding. Fa of the Contractor to apprise subcontractors and materials suppliers of this condition 0' Contract will not relieve responsibility of compliance. Pavment. For all compensation for Contractor's performance of work under this Conti City shall make payment to the Contractor per Section 9-3 of the Standard Specificat for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, herein 2. 0 3. 4. 2J' 0 @ H:\CNT95014.FM designated "SSPWC", as issued by the Southern California Chapter of the American Put: Works Association, and as amended by the Special Provisions section of this contrac The closure date for each monthly invoice will be the 30th of each month. Invoices frc the Contractor shall be submitted according to the required City format to the Cit assigned project manager no later than the 5th day of each month. Payments will delayed if invoices are received after the 5th of each month. The final retention amo shall not be released until the expiration of thirty-five (35) days following the recordinc the Notice of Completion pursuant to California Civil Code Section 31 84. Public Contract Code section 20104.50 requires a summary of its contents to be set fc in the terms of the contract. Below is such a summary. However, contractor should rc to Public Contract Code section 201 04.50 for a complete statement of the law. The city shall make progress payments within 30 days after receipt of an undisputed E properly submitted payment request from a contractor on a construction contract. payment is not made within 30 days after receipt of an undisputed and properly submil payment request, then the city shall pay interest to the contractor equivalent to the IC rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the city shall, as soon as practicable after rece determine whether the payment request is a proper payment request. If the city determi that the payment request is not proper, then the request shall be returned to the contrac as soon as practicable but not later than seven (7) days after receipt. The returned reqi shall be accompanied by a document setting forth in writing the reasons why the payrr 0 0 request was not proper. If the city fails to return the denied request within the seven (7) day time limit, then number of days available to the city to make payment without incurring interest shal reduced by the number of days by which the city exceeds the seven (7) day re requirement . "Progress payment" includes all payments due contractors except that portion of the 1 payment designated by the contract as "retention earnings". A completed and executed release form in the form described in this contract (herein: "Release Form") shall be submitted prior to approval of each progress payment. contractor shall list all disputed claims or potentially disputed claims which arise during pay period. The purpose of the Release Form is to bring timely attention to areas of disl or potential dispute between the contractor and the City for the pay period. Failure oi contractor to submit a completed and executed Release Form shall constitute contractor's acknowledgement that no disputes of any type have arisen that pay perio remain from previous pay periods and the contractor waives all future rights in ma claims for disputes arising in those pay periods. AI1 previous and new disputed clair potentially disputed claims shall be listed on the Release Form until such time as disputed claims are resolved. The contractor shall not modify the Release Form in any ' 2J' 0 @ H.\CNT95014.FM 5. Independent Investiqation. Contractor has made an independent investigation of jobsite, the soil conditions at the jobsite, and all other conditions that might affect progress of the work, and is aware of those conditions. The Contract price incluc payment for all work that may be done by Contractor, whether anticipated or not, in or( to overcome underground conditions. Any information that may have been furnishec Contractor by City about underground conditions or other job conditions is for Contractc convenience only, and City does not warrant that the conditions are as thus indicat Contractor is satisfied with all job conditions, including underground conditions and has relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible fo loss or damage arising out of the nature of the work or from the action of the element: from any unforeseen difficulties which may arise or be encountered in the prosecutiot the work until its acceptance by the City. Contractor shall also be responsible for expen incurred in the suspension or discontinuance of the work. However, Contractor shall be responsible for reasonable delays in the completion of the work caused by acts of G stormy weather, extra work, or matters which the specifications expressly stipulate will borne by City. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trencl or other excavations that extend deeper than four feet below the surface Contractor s promptly, and before the following conditions are disturbed, notify City, in writing, of a A. Material that Contractor believes may be material that is hazardous waste, as defir in Section 251 17 of the Health and Safety Code, that is required to be removed t Class I, Class II, or Class Ill disposal site in accordance with provisions of existing I B. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown physical conditions at the site of any unusual nature, different materially fi those ordinarily encountered and generally recognized as inherent in work of character provided for in the contract. e 6. 7. e City shall promptly investigate the conditions, and if it finds that the conditions do mater so differ, or do involve hazardous waste, and cause a decrease or increase in contract costs of, or the time required for, performance of any part of the work shall issue a cha order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditi materially differ, or involve hazardous waste, or cause a decrease or increase in contractor's cost of, or time required for, performance of any part of the work, contra shall not be excused from any scheduled completion date provided for by the contract, shall proceed with all work to be performed under the contract. Contractor shall retain and all rights provided either by contract or by law which pertain to the resolutioi disputes and protests between the contracting parties. 211 0 @ H'\CNT95014,FM 8. Chanqe Orders. City may, without affecting the validity of the Contract, order chang modifications and extra work by issuance of written change orders. Contractor shall mz no change in the work without the issuance of a written change order, and Contractor SI not be entitled to compensation for any extra work performed unless the City has issi a written change order designating in advance the amount of additional compensatior be paid for the work. If a change order deletes any work, the Contract price shall reduced by a fair and reasonable amount. If the parties are unable to agree on the arno of reduction, the work shall nevertheless proceed and the amount shall be determined litigation. The only person authorized to order changes or extra work is the Proj Manager. The written change order must be executed by the City Manager or the C Council pursuant to Carlsbad Municipal Code Section 3.28.1 72. lmmiqration Reform and Control Act. Contractor certifies he is aware of the requireme of the Immigration Reform and Control Act of 1986 (8 USC Sections 11 01 -1 525) and complied and will comply with these requirements, including, but not limited to, verib the eligibility for employment of all agents, employees, subcontractors, and consultants 1 are included in this Contract. 10. Prevailinq Wage. Pursuant to the California Labor Code, the director of the Departmen Industrial Relations has determined the general prevailing rate of per diem wages accordance with California Labor Code, Section 1773 and a copy of a schedule of I general prevailing wage rates is on file in the office of the Carlsbad City Clerk, an( incorporated by reference herein. Pursuant to California Labor Code, Section 17 Contractor shall pay prevailing wages. Contractor shall post copies of all applice prevailing wages on the job site. 11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, indemnify and hold harmless the City, and its officers and employees, from all claims, I( damage, injury and liability of every kind, nature and description, directly or indire arising from or in connection with the performance of the Contractor or work; or from failure or alleged failure of Contractor to comply with any applicable law, rules regulations including those relating to safety and health; except for loss or damage wt was caused solely by the active negligence of the City; and from any and all claims, I( damages, injury and liability, howsoever the same may be caused, resulting direct11 indirectly from the nature of the work covered by the Contract, unless the loss or dam was caused solely by the active negligence of the City. The expenses of defense incli all costs and expenses including attorneys fees for litigation, arbitration, or other disr resolution method. Contractor shall also defend and indemnify the City against any challenges to the av of the contract to Contractor, and Contractor will pay all costs, including defense cost! the City. Defense costs include the cost of separate counsel for City, if City requ separate counsel. 12. Insurance. Contractor shall procure and maintain for the duration of the contract insura against claims for injuries to persons or damage to property which may arise from c 0 9. 0 2/1 a @ H \CNT95014.FM connection with the performance of the work hereunder by the Contractor, his ager representatives, employees or subcontractors. Said insurance shall meet the City’s pol for insurance as stated in Resolution No. 91-403. 0 (A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages a minimum limits indicted herein: I. Comprehensive General Liability insurance: $1,000,000 combined single limit per occurrence for bodily injury and propc damage. If the policy has an aggregate limit, a separate aggregate in the amou specified shall be established for the risks for which the City or its agents, offic or employees are additional insured. 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injury and prop< damage. performance of the contract, used onsite or offsite, whether owned, non-ownec hired, and whether scheduled or non-scheduled. The auto insurance certific must state the coverage is for “any auto” and cannot be limited in any manne 3. Workers’ Compensation and Emplovers’ Liability Insurance: Workers’ compensation limits as required by the Labor Code of the State California and Employers’ Liability limits of $1,000,000 per incident. Work1 compensation offered by the State Compensation Insurance Fund is acceptabl, the City. In addition, the auto policy must cover anv vehicle used in 0 (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insura required under this agreement contain, or are endorsed to contain, the follow provisions. General Liability and Automobile Liability Coverages: 1. The City, its officials, employees and volunteers are to be covered as additic insured as respects: liability arising out of activities performed by or on beha the Contractor; products and completed operations of the contractor; premi owned, leased, hired or borrowed by the contractor. The coverage shall con no special limitations on the scope of protection afforded to the City, its offici employees or volunteers. 2. The Contractor’s insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-insura maintained by the City, its officials, employees or volunteers shall be in exces the contractor’s insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not a‘ coverage provided to the City, its officials, employees or volunteers. 2/1 e @ H \CNT95014 FM 4. Coverage shall state that the contractor's insurance shall apply separately to e: insured against whom claim is made or suit is brought, except with respect to limits of the insurer's liability. (C) "CLAIMS MADE POLICIES - If the insurance is provided on a "claims made" bai coverage shall be maintained for a period of three years following the date completion of the work. (0) NOTICE OF CANCELLATION - Each insurance policy required by this agreement SI be endorsed to state that coverage shall not be nonrenewed, suspended, void canceled, or reduced in coverage or limits except after thirty (30) days' prior wri notice has been given to the City by certified mail, return receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any deductit or self-insured retention levels must be declared to and approved by the City. At option of the City, either: the insurer shall reduce or eliminate such deductibles or: insured retention levels as respects the City, its officials and employees; or contractor shall procure a bond guaranteeing payment of losses and rek investigation, claim administration and defense expenses. (F) WAIVER OF SUBROGATION -All policies of insurance required under this agreerr shall contain a waiver of all rights of subrogation the insurer may have or may acql against the City or any of its officials or employees. (G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured ur its policies or shall furnish separate certificates and endorsements for e subcontractor. Coverages for subcontractors shall be subject to all of the requiremt stated herein. e (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that ha\ rating in Best's Key Rating Guide of at least A-:V, and are authorized to transact business of insurance by the Insurance Commissioner under the standards speci in by the City Council in Resolution No. 91-403. VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificate insurance and original endorsements affecting coverage required by this clause. certificates and endorsements for each insurance policy are to be signed by a per authorized by that insurer to bind coverage on its behalf. The certificates endorsements are to be in forms approved by the City and are to be received approved by the City before work commences. (J) COST OF INSURANCE -The Cost of all insurance required under this agreement : be included in the Contractor's bid. (I) 13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolve accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chaptc e all @ H.\CNTQSOI 4.FM Article 1.5 (commencing with section 201 04) which are incorporated by reference. A c( of Article 1.5 is included in the Special Provisions I section. The contractor shall initi submit all claims over $375,000 to the City using the informal dispute resolution proc described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding provisions of this section of the contract, all claims shall comply with the Government 1 Claim Act (section 900 et seq., of the California Government Code) for any claim or cai of action for money or damages prior to filing any lawsuit for breach of this agreemen 14. Maintenance of Records. Contractor shall maintain and make available at no cost to City, upon request, records in accordance with Sections 1776 and 181 2 of Part 7, Chal 1, Article 2, of the Labor Code. If the Contractor does not maintain the records Contractor’s principal place of business as specified above, Contractor shall so inform City by certified letter accompanying the return of this Contract. Contractor shall notify City by certified mail of any change of address of such records. 0 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sec 1720 of the Labor Code are incorporated herein by reference. 16. Security. Securities in the form of cash, cashier’s check, or certified check may substituted for any monies withheld by the City to secure performance of this contraci any obligation established by this contract. Any other security that is mutually agreec by the Contractor and the City may be substituted for monies withheld to en: performance under this Contract. 17. Provisions Required bv Law Deemed Inserted. Each and every provision of law and cla required by law to be inserted in this Contract shall be deemed to be inserted herein l included herein, and if, through mistake or otherwise, any such provision is not inser or is not correctly inserted, then upon application of either party, the Contract shall forth\ be physically amended to make such insertion or correction. @ 2/1 e @ H \CNTQ5014.FM a 18. Additional Provisions. Any additional provisions of this agreement are set forth in "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST ATTACHED (CORPORATE SEAL) APPROVED TO AS TO FORM: RONALD R. BALL City Attorney By: 0 1 h' /// ; // ATTEST: ~q~e ~obaldi City Attorney e" 211 5 t83 H \CNTQ5$14 FM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of San Diego On S--/a- cs before me, Leonore G. Payne, Notary Public DATE NAME TITLE OF OFFICER -E G JANE DOE NOTARY PUBLIC NAME(S) OF SIGNER@) personally known to me - OR - kproved to me on the basis of satisfactory evidei to be the person s whose name(s) is( subscribed to the within instrument and 0 or the entity upon behalf of which person(s) acted, executed the instrumf ESS my hand and official seal. Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME ci3drmc/- dc3@umE4lrz3 84Am ldSrnLU-?,od c;.F cve;SeL eF-~hJT sysfm A, JfiL C)U i';&-s7a Spel;/+k PIQoW'falQNS FOL LE OB T P OF DOCUMENT 0 CORPORATE OFFICER TITLE(S) NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, C BOND NO.: SA1401849 BQJjqD p~q~yJj~gj BASED ON PREMIUM: INCL. IN PEI I FINAL G(:>MT%ACT $RICE U\BOA AND MATERlALS SOND a. WHEREAS, the City Council of the City OS Carisbad, State of California, by Resolution No.95-1 -Qn ,DM Aa?r Priri -- adopted May 2. 1995 .htisawardedtome Reinhart con DYRT1 Systen&weinafter designated as the 'Pfirtcipal'), a Contract for: in the City of Caflsbad, in strict confonnify wifh the drawings and specifications, and cth Contract Documents now on file in the Wce of the City Clerk of the City of Carlsbad and E:!] 4 which are incorporated herein by this ref- =renee. WHERuI\S, Principal has executed or is about to execute said Contract and the terms thei-ec require the furnishing of a bond, providing that if Pfmcipaf or any of their subcontractars she fail to pay for any materials, provisions, FrOVwIdw or other supplies or teams used in, upon c about the performznce of the work agreod to be done, or for any work or labor done thherrm uf any kind, the Surety on this bond wiii pay the same to the extent hereimbr set forth. .a! Principal, (heteinafterdes~~~~~~ as Surety, are held firmly bound unto the G?of Carisbad in the sum of PO~~Y ~housand 'TWO- Rundred Sixty Six and 52/000--------------- .*u--_ -m113rI ($ $0.266- 52 1, said SUM being fiRy percent (50%) of the estimaled amaunt pap3ls by the City of Carlsbad under the terms of the Contkct, for which payment well and truly to bd made we bind ourselves, our heirs, executors and admin*ktrators, succ.essors, or assigns, joirdy and severally, firmly by these presents. Tff E CONDITION OF THIS OBUGA7ON IS SUCH that If the person or his/her subcont&c~rs fail €6 pay for ;my materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contraded to b done,'arforany other work or laborthereon of any kind, or fur amounts due under the Unemployment lnsurance Code with resped to such work or labor, or for any amounts required io be deducted, withheld, and paid ov0r to tlie Ernpfayment Development Department frGm the wages of employees of the comer "d subcontractors pursuant io Section 13020 of the Unempioyme'nt Insurance Code with respect to such work and labor that the Surety will pay fdr the same, not to exceed the sum specIfled in the bond, and, also, In case suit is brought upon the bond, costs and reasonable ~X~RSOS and fees, including reawn&& aitorhey's fees, to be fixed by the court, as required by €he provisions of Section 3248 of the Caiifornis Civil Code. This bond shall inure to the benM& of any and all ~BORS, companies and corporations entitled to file claim under Tile I5 of Pad 4 of Division 3 of the Civil Code (commencing with Section 3082). Surety stipulates and agrees that 'no change, extension of time, alteration or addfin to the terms of the Contract, or to the work tc be performed thereunder or.the specifications accompanying the sake shall affect its obligations on this bond, and it does hereby waive nbtio.3 of any change. exkension of @E, alternfions or addition to the terms of the contract or to the work or to €he specifications. A NOW, TWER~FDRE, WE, p. .* .. 0 +-. .t 211 5/s5 ! @ H;\CNTasa14.PM 0 I In the event tbat Contractor is an indlvldual, it is agreed that the dah of any such Contrast, shall not exonerate the Sursty from its 05iigations under this band. Executed by CONTRACTOR this c lnA Executed by SUR-Wfhis 9TH dr ! e SURETY: STAR INSURANCE COMPANY - (name of Surety} 100 CENTURY CENTER CT., STE. 140 SAN JOSE, CA. 95112 - (address of Surety) (408) 453-6006 L (printed name of Attorney-in-Fact! YiL 5" plyJ2EEu \,cy1 (print name here) (attach corporate resolution showing currei power of attorney) 0 V-i? (title and organization of signatory} (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached (President or vice-president and secretary or assistant secretary must sign for corporations, only one officer signs, the carporation must attach a resolution certified by the secrew < assistant secretary under corporate sed en-powering thai officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: dw I 2/15/ H:\CNT95014.PM * , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of SANTA CLARA before me, LINDA K. LA MARR, NOTARY PUBLIC DATE NAME, TITLE OR OFFICER - E G 'JANE DOE, NOTARY PUBLIC- personally appeared G.F. GERBING, JR. NAMEW OF SIGNERIS) El personally known to me - OR -0 proved to me on the basis of satisfactory evidence the personb) whose name(s0 ism subscribed within instrument and acknowledged to me he/&%X&W executed the same in his/& authorized capacityHEs), and that by his/kix signatureW on the instrument the person@), entity upon behalf of which the person(E) executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the docum could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Il INDIVIDUAL @ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE61 3 PARTNERiS) 3 LIMITED B ATTORNEY -IN-FACT D TRUSTEE(S) G GUARDIAN /CONSERVATOR 5 GENERAL NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONW OR ENTITY(IES1 STAR INSUROCE COMPAKY SIGNER(S) OTHER THAN NAMED ABOVI AlAaxn32P.n 5/94 STAR INSURANCE COMPANY GENERAL POWER OF ATTORNEY 0 KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these preset make, constitute and appoint G. F. GERBING, JR. OF SAN JOSE, CALIFORNIA its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of two million five hundred thousand ($2,500,000.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Re, adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or i Vice President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attorney qualif: attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of sur and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to ti execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such P Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signa facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or COI suretyship to which it is attached." IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these pre be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7th day of February, 1994. Attest: e p&, -% f6-a Robert S. Cubbin, Senior Vice President STATE OF MICHIGAN } COUNTYOFOAKLAND } Marc S. Willner, Senior Vice President } ss.: On this 7th day of February, 1994, before me personally came Marc S. Willner, to me known, who being by me duly swi depose and say that he is a Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed ths instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so by order of the Board of Directors of said corporation and that he signed his name thereto by like order. kL\*uq&k-, NOTARY Colleen PUBLIC Keltz ;3 My Commission Expires: - mlz Matay PUMb Wayne county CERTIFICATE "r-wmePt.20, m In ookknd county, I, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the forego attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Direc forth in the said Power of Attorney, is now in force. Signed and sealed at the city of Southfield in the State of Michigan. Dated the 9TH day of MAy 19 2 a 'p? p&..& '' Maryxiaud, Assistant Secretary 6030-Feb. 94 Page 1 of 1 [progskrtyk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of San Diego On 5-jd-CI-s before me, Leonore G. Payne, Notary Public personally appeared 3-KFF Sr3Qq personally known to me - OR - Hproved to me on the basis of satisfactory evide to be the person(s) whose name(s@ subscribed to the within instrument and DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC' 1 NAME(S) OF SIGNER(S) or the entity upon behalf of which 1 person(s) acted, executed the instrume Though the data below IS not required by law, it may prove valuable to persons relying on the document and could prl fraudulent reattachment of this form. CAPACITY CLAl MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI h3oe AM 0?4/-w&s t50& 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES G U ARDl AN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTWIES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 7184 Canoga Park, CP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of ;s/.tb) ~i) I GW personally appeared (+wL /, i^i7aqoepJ = TGL\ c fyyhs 5 k&:/doid- \dq,&fq i; Date Name and Title of Officer (e 9, 'Jane Doe Notary Public') Name@) of Signer@) 0 personally known to me - OR -Rproved to me on the basis of satisfactory evidence to be thees whose &s)@re subscribed to the within instrumen and ackn ledged to me that =he/they executed thc same in aher/their authorized mies), and that b1 mer/their qgiitm(s) on the instrument the pe@@) or the entity up-ehalf of which the-s) acted executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could preven fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: -1 -- Document Date: 5-45-7s Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) .BL't 5 \q "ri) 0 ad E Signer's Name: 0 individual 0 Individual 0 Corporate Officer Title (s) : 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 17 General 0 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association 8236 Remmet Ave , PO Box 7184 * Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll-Free t BOND NO.: SA1401849 PREMlJhA BASED ON PREMIUM: $2,416.00 FNAL CCI~fT?ACT PPICE 2 0 FAITHFUL PERFGRMANCWARRANTY BOND WHEREAS, the City Council af the City of Cartsbad, State of California, by Resolution Noem adopted May 2, 1995 I has awarded to The Reinhart Corporation DBA- Aair Purificatfon Sysrems .,, (breinafterdesignated as the 'Principal'), a Contract for: in the C3y of Carisbad, in strict mnfmnity with the contract, the drawings and specifications, and other Contract Documents now on fire in the office of the City Clerk of the City of arkbad, all of which are incarpomted herein by this reference. WHEREAS, Principal has exsacuted or is about to axecute said Contract and the terms thereof require the furnishing of a bond for the fakhfuI performance and warranty of said Contract; NOW, THER€FORE,m, The Reinhart Corpozatias DBA Aair Purific~~lodSg~~~aoip/*1, (hereinafterd~ignatedasthe'Contractof), and STAR INSURANCE COMPANY , as Surety, are held and firmly bound unto the Ci!y of GrtsbeX in the Sum Of Fiphty Thousand Five flcxlred Thirty Three and 04/00 ----------_.I_---- -~--------4OllWS ($80,533.04 ), satd sum being equal to one hundred percent {IOPh) of the estimated amount of the Contract, to be paid to City or its certain attorney, b 5uccessom and assigns; for which payment, well and truly to be made, we bind ourselves, our hairs, executors arid administrators, successors or assigis, joirdy and severally, firmly by these presents. THE CONDlnON OF MIS OBUGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in dl things stand tolad abide by, and well and truly keep and perform the cowants, conditions, and agreements in the Contract and any aheratian thereof made as therein provided OR their part, to be kept and, performed at the time and in the manner therein specifie2. and in all respects according to their true irrterlt and meaning, and shall indemnify and save harmless the Cjty of Carlsbad? its officers;, ernpbyees and agents, as therein stiputated, then this obligation shall become pull and voicI; otherwise ft shall remain in full fame and &e& As a part of the obiigation secured hereby and in addition to tho face amaunt specified therefor, there shaI1 be included costs and reasonable wpenses and fees, including reasonable attorney's fees, incurred by the City in successfuily enforcing such obligation, all to be &xed,as costs and included in any judgment rendered. Surety stipulates and agrees that no chaqe, extension of time, aHeMin or ac/dSon to the! terms of the Contract, or to the wark to be perfomred thereunder or the specifica6onS; accompanying #e same shdi affect its obligations on this bond, and it does hereby wdve notice of any change. extension of time, alterations or additian to the terms of the 00Wd or to the work or to the specifications. -------.- T 0 . 2/15/95 &$ HfiCNTDS614,FM fn the event that Contractor is an indiv'duai, it Is agrmd that the &ah of any such Conrac shall not exonerate the Surety from its obligations under this bohd. fxecuted by CONTRACTOR this i 4~ Executed by SURETY this 9TH d 0 day Of ,hf L x' , IE&Y of MAY ,15-95 - CONTRACTOR if SURE3-Y THE REINHART CORPORATION DBA _. STAR INSURANCE COMPANY (name of Surety) 6 CENTURY CENTER CT., STE. 140 __- (printed name of Attorney-in-Fact) phL S" NyJ&Gd 2z - (Attach corporate resolution showing curren {print name here) power of attorney.) 0 V-7. (Title and Organization of signatory) (Proper notNai acknouvledge of executicri by CONTRACTOR and SUR€?Y must be attachsd.: (President or vice-president and secretary or assistant secretaty must sign for corporations. If only one officer signs, the copration must attach a resolution certified by the secrefarS' or assistant secretary under corporate sed empowering that officer to blnd the corporation.) APPROVED AS TO FOAM: RONAD R. BALL City Attorney J/ ' By: h9 <>d.&$,. Jyw MdbAlLq F 2/15/95 @ e ti.\CNTs50lrl.FM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT before me, LINDA K. LA MARR, NOTARY PUBLIC DATE NAME, TITLE OR OFFICER - E G ‘JANE DOE, NOTARY PUBLIC’ personally appeared G.F. GERBING, JR. NAMEISI OF SIGNERIS) personally known to me - OR -0 proved to me on the basis of satisfactory evidence the personb) whose name(s0 ism subscribed within instrument and acknowledged to me he/&W&m executed the same in his/& authorized capacity&@, and that by his/h signature(g3 on the instrument the personbs), entity upon behalf of which the person($) executed the instrument. WITNESS my hand and official seal. Though the data beiow is not required by law, it may prove valuable to persons relying on the docurr could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLEE) cl PARTNER(S1 0 LIMITED B ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S1 G GUARDIANKONSERVATOR D GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIES) STAR IN’SUWCE COMPANY SIGNER(S) OTHER THAN NAMED ABOV Av\oMo32 Rr;i 5194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT before me, Leonore G. Payne, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared JEFF S6Rey / NAME(S) OF SIGNER(S) c] personally known to me - OR - 6oved to me on the basis of satisfactory evider the same in or the entity upon behalf of which 1 person(s) acted, executed the instrume Though the data below is not required by law, it may prove valuable to persons relying on the document and could prt fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMEI Fl4i7-64FEI.L PEdFDrn4dCE &WdTy I TITLE OR TYPE OF DOCUMENT TITLE(S) 0 GENERAL a, AlTORN EY -I N-FACT 0 GUARDIANCONSERVATOR NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIPI(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, Ci CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of S:.id D 1 EL-=- personally appeared WITNESS my hand and official seal. Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prever fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r I [?YLL 5 pP,c(&LJaz fd IJL 0 Individual 0 Individual 0 Corporate Officer TI t le( s) : 0 Partner - 0 Limited I7 General 0 Partner - 0 Limited 0 General 0 Attorne y-i n- Fact 0 Guardian or Conservator 0 Guardian or Conservator 0 Attorney-in-Fact Signer Is Representing: 0 1994 National Notary Association 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309 7184 Prod No 5907 Reorder Call Toll-Free City of Carlsbad Purchasing Department e Representation and Certification The following representation and certification are to be completed, signed and returned with proposal. REPRESENTATONS: Mark all applicable blanks. This I am currently certified by: offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: (Check appropriate Ethnic Ownership Type) Certification #: CERTIFICATION OF BUSINESS REPRESENTA'I Mark all applicable blanks. This offeror represent! of this offer that: This firm is I/ is not minority business. This firm is , is not woman-owned business. WOMAN-OWNED BUSINESS: A woman-owned b a business of which at least 51 percent is owned, and operated by a woman or women. Controlled is I exercising the power to make policy decisions. 01 defined as actually involved in the day-to-day man; DEFINITIONS: INORIN BUSINESS ENTERPRISE: "Minority Business" is fined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which IS owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian- Pacific Americans (Le., US. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U S Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTl FI CATl ON: t as of the date submitted. %WO &plg +fi t. /Ip. 4 L, ye $0 2 ADDRESS Sufi DGqo ~ IA y>/lZ-/ / CITY, STATE AND Zl)d 1 TELEP'HONEr(JUMBER v " c 24 LpI) 57k 4 2r 211 519 e @ H.\CNTQSO14.FM MARK RUBIN INSURANCE URANCE SVCS AAIR PURIFICATION SYSTEMS 9040 KENAMAR DR. STE. #402 SAN DIEGO, CA 921212457 MERCIAL GENERAL LIABILITY ALL OWNED AUTOS SCHEDULED AUTOS 57SBADZ7120 NON-OWNED AUTOS THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERSARE NAMED ADDITIONAL INSUREDS AS RESPECTS: LIABILITY ARISING OUT OF ACTIVITIES PI BY OR ON BEHALF OF THE CONTRACTOR; PRODUCTS AND COMPLETED OPERATIONS 01 CONTRACTOR; PREMISES OWNED, LEASED, HIRED OR BORROWED BY THE CONTRACT01 WAIVER OF SUBROGATION IS INCLUDED, THE ACTUAL ENDORSEMENT TO FOLLOW. *IO DAYS NOTICE FOR NONPAYMENT OF PREMIUM. CITY OF CARLSBAD/CITY HALL 1200 CARLSBAD VILLAGE DRIVE ~#~~R?W~~S~~KiXl.XE#!?XSEXK~~C SAN DIEGO, CA 92008 ?..e fl bVI1U PRODUCER MARK RUBIN INSURANCE URANCE SVCS AAIR PURIFICATION SYSTEMS 9040 KENAMAR DR. STE. #402 SAN DIEGO, CA 921212457 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDlTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL 7 ERCIAL GENERAL LIABILITY ALL OWNED AUTOS SCHEDULED AUTOS 57SBADZ7120 NON-OWNED AUTOS EMPLOYERS maim THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERSARE NAMED ADDITIONAL INSUREDS AS RESPECTS: LIABILITY ARISING OUT OF ACTIVITIES PE BY OR ON BEHALF OF THE CONTRACTOR; PRODUCTS AND COMPLETED OPERATIONS Of' CONTRACTOR; PREMISES OWNED, LEASED, HIRED OR BORROWED BY THE CONTRACTOE WAIVER OF SUBROGATION IS INCLUDED, THE ACTUAL ENDORSEMENT TO FOLLOW. *10 DAYS NOTICE FOR NONPAYMENT OF PREMIUM. D(PIRATION DATE THEREOF, THE ISSUING COMPANY wn~. @m 0 1200 CARLSBAD VILLAGE DRIVE SAN DIEGO, CA 92008 =* 0 7 6. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENpORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not er our right against the person or organization named in the Schedule. (This agreement applies only to the eXkr YOU perform work under a written contract that requires you to obtain this agreement from us.) YOU must maintain payroll records accurately segregating the remuneration of your employees white engas the work described in the Schedule. The additional premium for this endorsement shall be 10% of the California workers' compensation prel otherwise due on such remuneration. 0 Schedule Person or Organization Job Description THE CITY OF CARLSBADjCITY HALL OFFICE OF PURCHASING ATTN: CHUCK WALDEN 1200 CARLSBAD VILLAGE DRIVE SAN DIEGO, CA 92008 1 -----.-**------------------ All other terms and conditions of this policy remain unchanged. This endorsement when countersigned by an Authorized Re resentative of the Com policy~o. 10 WC2 0021850 B to AAIR PURIFICATION SYSTEMS (DBA) n and attached issued by NATIO~AL AMERICAN INS co BfInbrance Compz- sh e valid and form part of said policy. dlS ENDORSEMENT EFFECTIVE from and after the 20TH day of FEBRUARY 95 12:OlA 2 93 19 -, at , 19 - End No. 9 Countersigned at LoNG .BEACH, CA this 26TH day of APRIL 4000337/ALL CC@DfERCIAL INS SRxE&orized Represen@tj WC040306 17- 56009A 1 ,- p ’ ’ WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENPORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not en our right against the person or organization named in the Schedule. (This agreement applies only to the exten you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engag the work described in the Schedule. The additional premium for this endorsement shall be LOh of the California workers’ compensation prer otherwise due on such remuneration. 0 Schedule Person or Organization Job Description THE CITY OF CARLSBAD/CITY HALL OFFICE OF PURCHASING ATTN: CHUCK WALDEN 1200 CARLSBAD VILLAGE DRIVE SAN DIEGO, CA 92008 0 All other terms and conditions of this policy remain unchanged. This endorsement when countersigned by an Authorized Re resentative of the Corn n and attached St. 95 12:OlA 2 Poiicy~o. 10 WC2 0021850 B issued by NATIO~AL AMERICAN INS co Bb,n)&nce Cornpa to AAIR PURIFICATION SYSTEMS (DBA) be valid and form part of said policy. Countersigned at LoNG BEACH CA this 26TH day of APRIL *IS ENDORSEMENT EFFECTIVE from and after the 20TH day of FEBRUARY g3 19 -, at , 19 - End No. - 4000337/ALL COMMERCIAL INS SR#&orized Representati (7- WC 04 03 06 56009A c e THIS E~~~~ CHA~GES TWE PCUCY- PLEAS& R~D IT CARE wAfvEf3 OF SuBROGAnON lhrs gdOrsament moailIe3 iEW&O proviaed Umac che tormw SPfBTRUM POLlcV 57 ‘3mZ7120 AAXR mFICATI0N Tws wahgr a1 f&Orognlaon ~plta0 aery: WE CITY OF CARLSBAD/CfTY HALL OFFICE OF 2 for ~b WWs apererlans 01 We ds3gna\ad ‘OOOI\On we wIe q rigrl lo rwgvary 4- my neve *am\ q par=* or org~ize~~ b*Cauw un~er \M @USVreSS Lisbi1lty Ca~~fa39. 1. m \ne parson ar wganlzerion: .J e FURCHASING 1200 CARLSBAO VILLAGE DRIVE, SAN DIEGO, C mfro\~n In IhB DaC!WatIOPS. PER CONTRACT ~~95-1 - FOR INSTALLATION OF DIESEL. EX SYSTEEIS AT VARIOUS FIRE STATIONS. AGENE WE: NWRKED WS. AGENTS UIDE: 121637 0 ACDITIONAL PREHIUM: T8D THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. farm 5s 12 10 03 82 Print-Q, ,n US.A (Nsl Gopyfgn\ Hartford Fi:e Inm,conco Company. tBQ2 0 POLICY NUMGER: 57SBADZ7120 I. TH1S.ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AOOiTfQNAL INSU’R€WWNEBS, LESSEES OR CONTRACTOffS (FORM B) CC20 !Oil85 0 This endorsement modifies insurance provided under the fallowing: COMMERCiAL GENERAL LIA8lLITY COVERAGE PART & AUT0MoB1LE LLABILITY SCHEDULE Name of Person or Organization: THE CITY OF CARLSBAD, ITS OFFICIALS, EMpLxlyEES, AND VOLUNTEERS OFFICE OF PURCHASING/KIWIN DAVIS 1200 CAFUSBAD VImGE DRIVE CARISBAD, CA 92008 (If no entry appears above, information required to.complete this endorsement wiil be shawn in the Oec applicable to this endorsement.) WHO IS AN INSURED (Section iI) is amended to include as an insured the person or organization SI Schedule, but only with respect to liability arising aut of “your wark’’ far that insured by or for you. 0 I‘ - a -_ /o---..q --#I-.*#‘. Copyqnl. itwr~oc~ Scrvsces O!!icc! Inc.. 1994 m , , OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 0 This Escrow Agreement is made and entered into by and between the City of Carlsbad whosc address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" an( whose addres: IS hereinafte called "Contractor" and whosf address is hereinafte called "Escrow Agent . I' For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree a: follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, thc contractor has the option to deposit securities with the Escrow Agent as a substitute fo retention earnings required to be withheld by the City pursuant to the Construction Contrac entered into between the City and Contractor for in the amount of dated (hereinafter referred tc as the "Contract"). Alternatively, on written request of the contractor, the City shall makt payments of the retention earnings directly to the escrow agent. When the Contract0 deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notifi the City within 10 days of the deposit. The market value of the securities at the time of thc substitution shall be a least equal to the cash amount then required to be withheld a: retention under the terms of the contract between the City and Contractor. Securities shal be held in the name of the , and shall designate thc Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwisc would be withheld from progress payments pursuant to the Contract provisions, providec 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 escrob agent shall hold them for the benefit of the contractor until such time as the escrow createc 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 anc responsibilities of the parties shall be equally applicable and binding when the City pay$ the escrow agent directly. 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 Escroh 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 0 4. 211 5/91 0 @ H:\CNTQ5014.FM < L subject to withdrawal by Contractor at any time and from time to time without notice to thc City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization frorr City to the Escrow Agent that City consents to the withdrawal of the amount sought to br withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by tht Contractor. Upon seven days' written notice to the Escrow Agent from the City of thc default, the Escrow Agent shall immediately convert the securities to cash and shal distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final anc complete and that the Contractor has complied with all requirements and procedure: applicable to the Contract, the Escrow Agent shall release to Contractor all securities anc interest on deposit less escrow fees and charges of the Escrow Account. The escrow shal 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 (4) to (6), 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. e .... 0 .... .... .... .... .... .... .... .... .... .... .... .... 211 5/95 * @ H:\CNT95014.FM < 10. The names of the persons who are authorized to give written notices or to receive writter 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: 0 For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address 0 (b 211 5/95 @ H \CNTQ5014 FM < 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. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers or the date first set forth above. o For City: Tit le Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address e 2/ 1 5/95 0 @ H \CNTQ5014 FM c RELEASE FORM 0 THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS PAYMENTS. NAME OF CONTRACTOR: PROJECT DESCRl PTI ON: PERIOD WORK PERFORMED: RETENTION AMOUNT FOR THIS PERIOD: $ DISPUTED WORK/CLAIMS DESCRIPTION OF DISPUTED WORK/CLAIM AMOUNT CLAIMED (OR) Contractor further expressly waives and releases any claim Contractor may have, of whatever type or nature, for the period specified which is not shown as disputed work/claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress or undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public Works Contract. Contractor further certifies, warrants, and represents that all bills for labor, materials, and work due Subcontractors for the specified period will be paid according to Public Contract Code Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties signing below on behalf of Contractor have express authority to execute this release. DATED: 0 PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) By: Title: By: Title: 2/ 1 5/95 .1) @ H:\CNTQ5014.FM d SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION e 1-1 TERMS To Section 1-1, add: A. 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. B. 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 City Engineer," unless stated otherwise. C. 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. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his 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 her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 0 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency -the City of Carlsbad, California Engineer - the Project Manager for the City of Carlsbad or his approved representative 2/15/91 .. c3b H:\CNT95014.FM . 2-4 CONTRACT BONDS Delete the third sentence of the first paragraph having to do with a surety being listed in thc latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor an( materials bond) forthis contract. The faithful performance/warranty bond shall be in the amoun of 100 percent of the contract price and the payment bond shall be in the amount of 50 percer of the contract price. Both bonds shall extend in full force and effect and be retained by the cit during the course of this project until they are released according to the provisions of thii section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 3: 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 city engineer. The payment bond shall be released six months plus 35 days after recordation of the Notice o' 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 transacl the business of insurance in California and whose assets exceed their liabilities in an amouni equal to or in excess of the amount of the bond. The bonds are to contain the followins 0 0 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. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. 2) If the bid is accepted, the City 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 To Section 2-5.1, General, add: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. 2/15/95 * @ H:\CNT95014.FM The Construction Plans consist of sheet(s) designated as City of Carlsbad Drawin No. N/A . The standard drawings utilized for this project are the latest edition of the @J Dieao Area Resional Standard Drawinas, hereinafter designated SDRS, as issued by the Sa Diego County Department of Public Works, together with the City of Carlsbad Supplement: Standard Drawings. Copies of pertinent standard drawings are enclosed with these document: To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the product manufacturer's directior the Contractor shall obtain and distribute the necessary copies of such instruction, including tw (2) copies to the City. To Section 2-5, add: 2-5.4 Record Drawings: The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparer sepias, which shall be corrected daily and show every change from the original drawings an specifications and the exact "as-built" locations, sizes and kinds of equipment, undergrouni piping, valves, and all other work not visible at surface grade. Prints for this purpose may b obtained from the City at cost. This set of drawings shall be kept on the job and shall be usel only as a record set and shall be delivered to the Engineer upon completion of the work. N/A 3-5 DISPUTED WORK All claims by the contractor for $375,000 or less shall be resolved in accordance with th procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencini with Section 20104) which is set forth below: 0 Article 1.5 Resolution of Construction Claims 20104. (a)(l) This article applies to all public works claims of three hundred seventy-fiv 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 contractc and a public agency when the public agency has elected to resolve any disputes pursuant tc 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 stat1 or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) paymer of money or damages arising from work done by, or on behalf of, the contractor pursuant to thi contract for a public work and payment of which is not otherwise expressly provided for or thi claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by thi local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans c 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. 201 04.2 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 thi claim. Claims must be filed on or before the date of final payment. Nothing in this subdivisioi 0 2/15/< Qa H \CNT95014 FM . is intended to extend the time limit or supersede notice requirements otherwise provided b contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall responc 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 o 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 pursuan 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 bc submitted to the claimant within 15 days after receipt of the further documentation or within i 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 threc hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing tc all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 day: of receipt of the claim, any additional documentation supporting the claim or relating to defense: to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuan 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 bc submitted to the claimant within 30 days after receipt of the further documentation, or within i period of time no greater than that taken by the claimant in producing the additional informatior or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails tc respond within the time prescribed, the claimant may so notify the local agency, in writing, eithe within 15 days of receipt of the local agency’s response or within 15 days of the local agency’: failure to respond within the time prescribed, respectively, and demand an informal conferencc to meet and confer for settlement of the issues in dispute. Upon a demand, the local agenc] 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) an( Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Governmen Code. For purposes of those provisions, the running of the period of time within which a clain must be filed shall be tolled from the time the claimant submits his or her written claim pursuan 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. (9 This article does not apply to tort claims and nothing in this article is intended nor shal be construed to change the time periods for filing tort claims or actions specified by Chapter . (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 o Division 3.6 of Title 1 of the Government Code. 201 04.4. The following procedures are established for all civil actions filed to resolve claim! 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 stipulatior of both parties. The mediation process shall provide for the selection within 15 days by bot} parties of a disinterested third person as mediator, shall be commenced within 30 days of tht submittal, and shall be concluded within 15 days from the commencement of the mediatior unless a time requirement is extended upon a good cause showing to the court or by stipulatior of both parties. If the parties fail to select a mediator within the 15-day period, any party ma! petition the court to appoint the mediator. 0 e 211 51s @ H:\CNTQSOi 4.FM L (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitratior pursuant to Chapter 2.5 (commencing with Section 1 141.1 0) of Title 3 of Part 3 of the Code o Civil Procedure, notwithstanding Section 1 141.1 1 of that code. The Civil Discovery Act of 198( (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civi procedure) shall apply to any proceeding brought under the subdivision consistent with the rule: pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrator! appointed for purposes of this article shall be experienced in construction law, and, upor stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonabk hourly rates of pay not to exceed their customary rate, and such fees and expenses shall bt 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 o county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Codc of Civil Procedure, any party who after receiving an arbitration award requests a trial de novc but does not obtain a more favorable judgment shall, in addition to payment of costs and fee: 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 thc mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which i: 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 ratc on any arbitration award or judgment. The interest shall begin to accrue on the date the suit i: filed in a court of law. 0 4-1 MATERIALS AND WORKMANSHIP To Section 4-1.3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representative. Thc Engineer shall have free access to any or all parts of work at any time. Contractor shall furnist Engineer with such information as may be necessary to keep her/him fully informed regardins progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1 -4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testing material: and/or workmanship where the results of such tests meet or exceed the requirements indicatec in the Standard Specifications and the Special Provisions. The cost of all other tests shall bc borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall be approvec by him before the delivery is started. All materials proposed for use may be inspected or testec at any time during their preparation and use. If, after trial, it is found that sources of suppl) which 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 othei approved sources. After improper storage, handling or any other reason shall be rejected. 2/15/9 0 @ H:\CNTQSO14.FM All backfill and subgrade shall be compacted in accordance with the notes on the plans and tb SSPWC. Compaction tests may be made by the City and all costs for tests that meet or excec the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Engine€ The costs of any retests made necessary by noncompliance with the specifications shall k borne by the Contractor. Add the following section: 4-1.7 Nonconforming Work The contractor shall remove and replace any work not conforming to the plans or specificatior upon written order by the Engineer. Any cost caused by reason of this nonconforming wo shall be borne by the Contractor. e 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, by a search of known record endeavored to locate and indicate on the Plans, all utilities which exist within the limits of tk work. However, the accuracy of completeness of the utilities indicated on the Plans is nc guaranteed. 5-4 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including service connectior desired by the Contractor for hidher own convenience shall be the Contractor’s ow responsibility, and he/she shall make all arrangements regarding such work at no cost to tt City. If delays occur due to utilities relocations which were not shown on the Plans, it will k solely the City’s option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocai utilities which interfere with the construction, the Contractor, upon request to the City, may t: permitted to temporarily omit the portion of work affected by the utility. The portion thus omitte shall be constructed by the Contractor immediately following the relocation of the utility involve unless otherwise directed by the City. 6-1 CON STR UCTlO N SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: 1. The prime contractor is required to prepare in advance and submit at the time of the project preconstruction meeting a detailed critical path method (CPM) project schedule. This schedule is subject to the review and approval of the City. 211 51 a @ ti:\CNTQ5014.FM 2. The schedule shall show a complete sequence of construction activities, identifying work for the complete project in addition to work requiring separate stages, as well as any other logically grouped activities. The schedule shall indicate the early and late start, early and late finish, 50% and 90% completion, and any other major construction milestones, materials and equipment manufacture and delivery, logic ties, float dates, and duration. The prime contractor shall revise and resubmit for approval the schedule as required by City when progress is not in compliance with the original schedule. The prime contractor shall submit revised project schedules with each and every application for monthly progress payment identifying changes since the previous version of the schedule. The schedule shall indicate estimated percentage of completion for each item of work at each and every submission. 0 3. 4. 5. The failure of the prime contractor to submit, maintain, or revise the aforementioned schedule (s) shall enable City, at its sole election, to withhold up to 10% of the monthly progress payment otherwise due and payable to the contractor until the schedule has been submitted by the prime contractor and approved by City as to completeness and conformance with the aforementioned provisions. No changes shall be made to the construction schedule without the prior written approval of th Engineer. Any progress payments made after the scheduled completion date shall nc constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflicting utilitie shall be requirements prior to commencement of work by the Contractor. 0 6-5 TERMINATION OF CONTRACT Grounds for termination of the contract by the City include failure of the City or Contractor i obtain necessary permits from other governmental agencies, or unreasonable delay caused k enforcement of laws and regulations by other public agencies, including but not limited ti enforcement of the Endangered Species Act and other similar laws. 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR The City shall not be liable for delay caused by the enforcement of laws and regulations I: other public agencies, including but not limited to, enforcement of the Endangered Species A and other similar laws. 6-5 TERMINATION OF CONTRACT Grounds for termination of the contract by the City include failure of the City or Contractor i obtain necessary permits from other governmental agencies, or unreasonable delay caused k enforcement of laws and regulations by other public agencies, including but not limited tc enforcement of the Endangered Species Act and other similar laws. 211 51 1) @ H \CNT95014 FM PAYMENT FOR DELAYS TO CONTRACTOR The City shall not be liable for delay caused by the enforcement of laws and regulations k other public agencies, including but not limited to, enforcement of the Endangered species AI and other similar laws. 0 6-7 TIME OF COMPLETION The Contractor shall begin work within 45 days after receipt of the "Notice to Proceed" an shall diligently prosecute the work to completion within 90 consecutive days after the dal of the Notice to Proceed. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hours of 7:OO a.m. an sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Enginec if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of tt Engineer. This written permission must be obtained at least 48 hours prior to such work, Tt Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (I) year after the filing of a "Notice of Completion" and ar faulty work or materials discovered during the guarantee period shall be repaired or replace by the Contractor, at his expense. Twenty-five percent of the faithful performance bond sh: be retained as a warranty bond for the one year warranty period. a 6-9 LIQUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be assessed the sum of $ 100.00 pf day for each day beyond the completion date as liquidated damages for the delay. Ar progress payments made after the specified completion date shall not constitute a waiver of th paragraph or of any damages. 7-3 LIABILITY INSURANCE Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of least A-:V and are admitted and authorized to conduct business in the state of California ar are listed in the official publication of the Department of Insurance of the State of California. 211 5/ e @ H'\CNT95014 FM 7-4 WORKERS’ COMPENSATION INSURANCE Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct busines in the state of California and are listed in the official publication of the Department of lnsuranc of the State of California. Policies issued by the State Compensation Fund meet the requiremei for workers’ compensation insurance. 0 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, ar building permits necessary to perform work for this contract on City property, in street highways (except State highway right-of-way), railways or other rights-of-way. Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. 7-8 PROJECT AND SITE MANAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working days i the City’s request. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with mufflers in goc repair when in use on the project with special attention to City Noise Control Ordinance Nc 31 09, Carlsbad Municipal Code, Chapter 8.48. e 7-10 PUBLIC CONVENIENCE AND SAFETY Add the following to Section 7-10.4, Public Safety: 7-10.4.4 Safetv and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work an shall comply with all applicable provisions of Federal, State and Municipal safety laws an building codes to prevent accidents or injury to persons on, about, or adjacent to the premise where the work is being performed. He/she shall erect and properly maintain at all time, E required by the conditions and progress of the work, all necessary safeguards for the protectio of workers and public, and shall use danger signs warning against hazards created by suc features of construction as protruding nails, hoists, well holes, and falling materials. a 211 51 @ H:\CNTQ5014.FM 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which 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, fl use in the proposed construction project which would be subject to Section 1601 or Sectic 1603 of the Fish and Game Code, such conditions or modifications established pursuant ’ Section 1601 of the Fish and Game Code shall become conditions of the contract. 8 FACILITIES FOR AGENCY PERSONNEL Delete this section. 9-3 PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in amount retention. 10 SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perfor necessary surveying for this project. Requirements of the Contractor pertaining to this item a set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying servic within appropriate items of proposal. No separate payment will be made. Survey stakes shall be set and stationed by the Contractor’s surveyor for curbs at 50’ interva (25’ intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, stor drains, and structures (4 corners min.). Rough grade as required to satisfy cut of fill to finish€ grade (or flowline) as indicated on a grade sheet. Contractor shall transfer grade hubs for construction and inspection purposes to crown line ba: grade of streets as required by Engineer. Contractor shall protect in place or replace all obliterated survey monuments as per Sectic 8771 of the Business and Professional Code. Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencir construction of surveyed item. 11 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the construction undc this contract. The Contractor shall contact the appropriate water agency for requirements. Tt contractor shall include the cost of water and meter rental within appropriate items of tt proposal. No separate payment will be made. @ 2/15/ 0 @ H.\CNT95014,FM II. CONTRACTOR’S PROPOSAL SEE ATTACHED PROPOSAL 0 0 211 51 0 @ H \CNTQ5014 FM 0 VEHICLE EXHAUST SYSTEM PROPOSAL For Carlsbad Fire Department Mr. Chuck Walden BY Anthony J. Sorci AAir Purification Systems 9040 Kenamar Dr., Suite 402 San Diego, California 92121 Tel: (619) 578-2825 Fax: (619) 578-3762 Toll Free: (800)-776-6746 DATE April 12, 1995 0 AAir Pruification Systems Page 1 Confidential 0 Table of Contents e Overview Section 1 Section 2 Statement of Work System Operation Section 3 System Specifications Section 4 Pricing Section 5 Implementation Plan Section 6 Support Team Section 7 Corporate Overview Section 8 summary Section 9 References Section 10 Deisel Exhaust DangerdSource Capture Staff Report Appendix AAir Purification Systems - Capabilities Brochure Appendix Standard Terms and Conditions Appendix PlymoVent Technical Data Sheet Appendix Tail Pipe Interface Specification Appendix Appendix NIOSH Bulletin 50 0 AAir Pruification Systems Page 2 Confidential a The Issue: A 1988 study by the National Institute for Occupational Safety and Health (NIOSH) confirmed an association between exposure to diesel exhaust and cancer in rats and mice. Their subsequent recommendation was to classify diesel exhaust as a potential occupational carcinogen. NIOSH Bulletin 50 on Carcinogenic Effects of Exposure to Diesel Exhaust is included with our proposal for your reference. Firefighters are potentially at risk due to their exposure to diesel exhaust from emergency vehicles running inside enclosed areas. In many cases the firefighters work and live in the same areas where vehicles are housed, increasing their exposure risk. The Task: To install an efficient and effective direct source capture exhaust system that will transfer the products of combustions generated by emergency apparatus from the tailpipe to the outdoor atmosphere. Specific Needs of the Carlsbad Fire Department : We have identified several needs within your organization. Your current specific needs are to: 0 e 0 provide a safe and healthier environment for the fire crews to live and work eliminate possible grievances filed by firefighters for diesel exhaust exposure improve firefighter productivity and morale by letting the personnel know the 0 0 Carlsbad Fire Department care about their well being 0 reduce maintenance cost by not permitting soot to accumulate in firehouse satisfy O.S.H.A., N.F.P.A. and local regulations 0 AAir Pru$ication Systems Page 3 Confidential 0 Recommendation Summary AAir Purification Systems has reviewed the objectives of Carlsbad Fire Department and is the ideal resource to meet these objectives. We can provide a custom solution tailored to fit your specific operating needs. Based on your objectives, we recommend the PlymoVent diesel exhaust extraction system. The benefits of the AAir Purification Systems solution are: 0 reduced maintenance costs by eliminating accumulated soot and smoke on walls and ceilings state-of-the-art technology to remove diesel fumes single point-of-contact for service, installation and parts reputable vendor - largest provider of diesel exhaust systems in area e AAir Pruification Systems Page 4 Confidential e 2. Statement of Work 0 AAir Purification Systems to Provide: The following equipment per attached Factory Specifications: a SBT 20 PG- 1 Sliding Balancer Track System (SBT) a Exhaust Fans with Radial Blades; 3 HP Motor shall be TEFC; Control Panel will house the fan starter, transformer, overload relay, timer relays and bi-pass timer. 0 0 0 Complete Support structure; All system duct work and hangers; 0 Engine sensors to activate the exhaust fans upon engine start-up. a 0 All system fittings; 0 Sealed ** wallhoof penetration; 0 Mechanical installation; 0 Complete start-up test of system with fire crews present; Field training of the crews who will operate the system; Training videos will be provided upon completion of the job. 0 0 0 Carlsbad Fire Department to Provide: a All required electrical circuits in power panels; All permits, bonds, certificates, if required; Adequate access to job site; Mechanical screening, architectural beautification, if required; Any design calculations or reports acceptable to requesting authorities; pertaining to ** Compressed air connection with minimum pressure of 100 PSI. 0 a 0 0 footings, supports seismic or wind consideration; 0 AAir Pruification Systems Page 5 Confidential a 3. System Operation The PlymoVent Vehicle Exhaust System was designed to meet the need of emergency response vehicles. Many of these designs were developed in conjunction with fire departments throughout the United States and abroad. A minimum of two years was devoted to each product to assure its reliability and dependability. This working test period gave us the opportunity to fully understand the firefighters that would ultimately be using our system on a day-to-day basis. These features give us a product that is second to none. The Unique GrabberTM Nozzle Is made of a high-temperature composite which allows it to inflate and grab onto the tailpipe of any fire apparatus with a tailpipe diameter of 1 to 6 inches. When a tailpipe is not seen by the Grabberm Nozzle it will totally reduce its opening to eliminate air flow. The GrabberTM requires only 1/2 cubic foot low pressure compressed air to provide a positive connection between the exhaust tailpipe of the fire apparatus. This positive connection eliminates the chance of diesel smoke backwash when the truck is revved or accelerated when leaving the station. But possibly the most desirable feature of the GrabberTM Nozzle is the soft high temperature composite which it is made of. Unlike metal to metal contact, the soft composite will never scratch or mar your chrome tailpipes. Manual Fill Valve This fill valve is conveniently located about three feet above the ground on the flexible hose in comfortable reach of the operator. As the apparatus enters the station, the operator places the GrabberTM Nozzle on the exhaust tailpipe and presses the button on the fill valve. This instantaneously inflates the GrabberTM Nozzle. This effortless motion, done in nearly a standing position, assures that the operator's face or hand never come into close contact with hot or harmful diesel exhaust. 0 0 AAir Pruijication Systems Page 6 Confidential 0 Sliding Balancer Track Is a heavy duty galvanized steel channel which suspends from your ceiling. A spring coil balancer and trolley rolls along the length of the track. Attached to the balancer is a hose saddle which cradles and suspends the high-temperature hose and GrabberTM Nozzle. As the apparatus pulls out of the station, the balancer follows along the track. Also located on the track is an uncoupling valve. This uncoupling valve automatically deflates the GrabberTM Nozzle when the balancer passes by. The deflation or uncoupling valve is adjustable along with full length of the track to guarantee the proper release of the GrabberTM Nozzle at the door of your firehouse. This system assures that you will not damage your exhaust tailpipes or injure your personnel or equipment by a snap back due to a late release from fire apparatus. One of the other practical features of the sliding balancer track is after automatic uncoupling from your vehicle occurs, the balancer hanging hose drops and GrabberTM Nozzle will remain at your door where it can be easily reconnected upon the return of your fire apparatus. Pneumatic System This regulated pneumatic system requires no adjustment by your personnel. It comes complete with a compressed air regulator including gauge and 60' of nylon flexible compressed air tubing. This enables an easy connection to the compressor. All compressed air lines are connected to components by screw down type compression fittings. Our experience has proven these fittings provide the best service. Safety Disconnect In the rare event of a malfunction of the system, an emergency safety disconnect is provided in the design of the sliding balancer track. A rubber mating band joins 2 spun aluminum hose collars, one of these houses a debris screen inserted two feet above the GrabberTM Nozzle. A quick disconnect fitting for the compressed air line which leads to the GrabberTM Nozzle is attached to the manual fill valve. When 50 pounds of pressure is exerted against either the hose disconnect or the compressed air disconnect, it allows both of these to automatically separate. As soon as the compressed air line separates, the GrabberTM Nozzle will deflate as normal, eliminating the chance of this short piece of hose and GrabberTM Nozzle shall be carried along with the truck. 0 0 AAir Pruifcation Systems Page 7 Confidential 0 Engine Sensor Whether returning to, or leaving the station house, the exhaust fan is energized immediately as the GrabberTM Nozzle is attached to the tailpipe. Used in the aerospace industry, the sensor is extremely sensitive, durable and rugged. It permits firefighters to leave bay doors open in good weather and not having shall be concerned about “pushing a central button’’ to activate the system. It is automatic. 0 e AAir Pruification Systems Page 8 Confidential 0 4. System Specifications The following specifications are not proprietary. They were written and designed to specify a high standard that must be met by all vendors in order to protect the municipality and Carlsbad Fire Department from inferior workmanship, poor design and an inadequate system. Safety in operation of the equipment is of utmost importance. Vendor must be specific as to their operation and service after sale. They must certify they are properly staffed by full time personnel who are factory trained for both installation and service, and carry a complete compliment of spare parts for instant service. Again the specifications were written with your department in mind and should be used for your protection. They should be used in their entirety. ** All bids shall be accompanied by representation drawing in plain view showing overall system. Vendor shall furnish complete Emergency Vehicle Auto-Disconnect Exhaust System of the sliding balancer track type with pneumatic GrabberTM Nozzle. All exhaust system operating specifications shall be included and will be in accordance with manufacturer's recommended air volume and static pressure parameters. Vendor shall bid necessary labor needed to perform a proper installation including all electrical work and materials, exhaust fan, ** compressor, outside ductwork to roof or outside wall. It shall be required that all bidders provide a valid certificate of insurance and contractors license before performing any on-site work. Vendor must certify that he/she shall meet the Federal, State and Municipal codes listed below: e State Uniform Fire Code a 0 0 Uniform Building Code, 1988 Edition (UBC) Uniform Mechanical Code, 1988 (UMC) American Conference of Governmental Industrial Hygienists (ACGIH) American Institute of Steel Construction (AISC) National Fire Protection Association (NFF'A) Sheet Metal Air Conditioning Contractors National Assn. (SMACNA) Air Movement and Control Association of America (AMCA) 0 e e e National Electric Code (NEC) e 8 e Comply: Exception: AAir Pruification Systems Page 9 Confidential a Warranty And Service Vendor shall fully warranty exhaust system for one year. Except for obvious misuse and/or abuse. Vendor shall have on staff duly certified personnel who have completed factory training. Vendor shall show standing inventory of spare parts located within the ** State and allow on-site inspection of parts so needed. Vendor shall provide names and addresses of firehouses within 50 miles where he has installed exhaust system similar to type specified. Each station shall be supplied with fire fighters training video. 0 Comply: Exception: (Refer to the Attached Factorv specifications) a AAir Pruijication Systems Page 10 Confidential e 5. Pricing (Refer to the Attached Pricing Proposal) 0 Options Terms Our Payment Terms are full payment due upon completion. Your satisfaction is of the utmost importance to us. When your personnel are trained and everyone understands the system, we will submit an invoice. Appendix “A”, Terms and Conditions of Sale are attached and incorporated as part of this proposal. Delivery Delivery shall take approximately ** weeks after receipt of your written order. The installation is expected to take approximately ** days. 0 Warranty All equipment is warranted to operate as per manufacturers specifications under normal operation conditions for a period of one year. Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, California 95826. AAir Purification Systems holds a valid California Contractors license number 62 1360. Our Arizona Installation and Service Team holds a valid State of Arizona Contractors License, AAir Pruification Systems Page I I Confidential a 6. Implementation Plan 0 When Carlsbad Fire Department accepts this proposal, we will begin this action plan to implement this proposal: Pre-Installation 0 Return copies of all purchase orders, contracts to the Rancho Santa Fe Fire Protection District . 0 The designated Project Manager and subcontractors will visit the facility and develope bill off materials. 0 The equipment will be ordered from the factory and installation schedule determined. Delivery and Installation e Upon arrival of all equipment at our facility the required components will be double checked against our original bill of materials. 0 0 The components required for immediate installation at the fire house will be delivered. The remainder will stay at our facility. The equipment will be drawn as needed. Our objective is to to provide a safe atmosphere for firefighters. The stations will be swept keep the station as free as possible from clutter and 0 Our crew is experienced and are reminded of the emergency procedures of fire. A clean, neat Department personnel in the event of an emergency call. Completion and Testing Upon completion of the project the system will be ready for testing. An engineer will be requested to test the speed which the emergency apparatus leaves the station. Final adjustments is made to the deflation valve enabling the hose to separate from the tail pipe at the threshold of the door. AAir Pruification Systems Page 12 Confidential a Training After the installation is complete, we will conduct training sessions for all Carlsbad Fire Department . We will cover operation and maintenance of the system. We also provide a training video for review and training new personnel. 0 0 AAir Pruification Systems Page 13 Confidential 0 7. Support Team Premier customer service is an area in which we have a long-standing reputation for excellence, AAir Purification Systems will provide Carlsbad Fire Department with all the support necessary to guarantee a pro-active rather that a reactive level of service. Because we are your factory authorized equipment supplier and licensed installing contractor, we offer single-point-of-contact customer service. This means that AAir Purification Systems can and will meet any change in your needs. Although our products make us a better vehicle exhaust system company, it is our people who set us apart. The members of the following AAir Purification Systems Support Team will be personally responsible for assuring that all Carlsbad Fire Department 's objectives are met. 0 Jeff Storey President. Oversees company operations and activities. Leader of your Support Team. Responsible for developing customer product applications and solutions. Recommends most efficient and effective AAir Purification Systems solution. Overall responsibility for account management. 0 Sam McQueen Technical Support. Responsible for coordinating shipment, installation, implementation and training. Customer Service Hot Line Our Customer Service phone line is answered seven days a week, 24 hours a day to handle any of your product and service needs. Please call (619) 578-2825 or (800) 776-6746. AAir Pruijication Systems Page 14 Confidential 0 8. Corporate Overview 0 AAir Purification Systems was founded in 1974 to address the potential market arising from growing concerns about occupational air quality. We are a solutions-oriented company specializing in Industrial Ventilation and Air Pollution Control. We offer complete system design, installation, sales and service for vehicle exhaust extraction systems, industrial air cleaners, fume extraction systems, air pollution control equipment and dust collectors. In 1990 we became the exclusive local distributor for the PlymoVent Corporation line of Vehicle Exhaust Extraction products including the popular SBTTM Sliding Balancer Track System. Since then we have become the largest supplier of exhaust extraction systems to the firefighting industry in Arizona and San Diego, CA. Because we are your factory authorized equipment supplier and licensed installing contractor, we offer single-point-of- contact customer service. Our offices and service facilities are centrally located in the Miramar Trade Center area of San Diego. The brochure included with this proposal details our products and capabilities. 0 AAir Pruification Systems Page 1.5 Confidential a 9. Summary 0 The purpose of AAir Purification System’s analysis has been to identify methods of assisting Carlsbad Fire Department in the achievement of its goal to create a safer and healthier workplace. The AAir Purification Systems proposal, provides Carlsbad Fire Department with a competitive price and higher quality state-of-the-art solution. Through AAir Purification Systems’ superior “hands-on” approach to the customer service team, implementation of services will be accomplished in a timely, professional manner, with frequent follow-up visits with appointed Carlsbad Fire Department staff. It is AAir Purification Systems’ intent to earn a strong, trusting relationship with Fire Department secured through quick, smooth service transition and organized, open communication between both organizations. The AAir Purification Systems customer service team will be available 24 hours a day, 365 days a year. AAir Purification Systems wishes to express our appreciation for the opportunity to provide this proposal. We look forward to providing you with the quality of our systems and services. If you have any further questions or requirements please call us at (619) 578- 2825 or (800) 776-6746. Respectfully submitted, Anthony J. Sorci 0 AAir Pruification Systems Page 16 Confidential 0 10. References We have over 40 stations with the system in the San Diego County Area and 5 stations in the City of Glendale Fire Department. We recommend you call them. Poway Fire Department Encinitas Fire Department 13050 Community Road 505 South Vulcan Poway, CA 92064 Encinitas, CA 92024 Chief Mike Hubert Chief Talmage F. Tufts 0 (619) 748-6600 (619) 633-2804 La Mesa Fire Department 8054 Allison Avenue La Mesa, CA 91941 Chief Mike Morris Oceanside Fire Department 300 North Hill Street Oceanside, CA 92054 Chief Jack Francis (619) 461-6101 (619) 966-4156 Alpine Fire Department 1834 Alpine Blvd. Alpine, CA 91901 Chief Woodrow Downing San Diego Fire Department 3870 Kearny Villa Rd San Diego, CA 92 123 FMO Paul A. Ringe (619) 445-2635 (619) 573-1357 e Lakeside Fire Department 12365 Parkside Street Lakeside, CA 92040 Chief Thomas Curley San Onofre Nuclear Gen Fac., F.D. P.O. Box 128, AWS Bldg D1P San Clemente, CA 92672 Chief Bert Pennington (619) 390-2350 (714) 368-6649 Carlsbad Fire Department 2560 Orion Way Carlsbad, CA 92008 Chief Brian Watson Glendale Fire Department 6835 North 57th Ave. Glendale, AZ 85301 Capt. Bruce Cowin (619) 931-2137 (602) 930-3409 AAir Pruification Systems Page 17 Confidential e 0 VEHICLE EXHAUST SYSTEM PROPOSAL PRICING For Carlsbad Fire Department Mr. Chuck Walden BY Anthony J. Sorci AAir Purification Systems 9040 Kenamar Dr., Suite 402 San Diego, California 92121 Tel: (619) 578-2825 0 Fa: (619) 578-3762 DATE April 12, 1995 0 City of Carlsbad proposal pricing Page 1 0 5. Pricing TOTAL PRICE OF THIS PROPOSAL EXCLUDING TAX: $76,965.00 BROKEN DOWN AS FOLLOWS: CARLSBAD FIRE STATION ONE 1275 Carlsbad Village Dr. (Four Vehicle Back In) OTY DESCRIPTION 2 SBTA-20-PG- 1 1 SBTA-40-DT-PG-2 1 EL-SBT-ES5 1 15 1 -PANEL 1 ENGINE SENSOR 1 5 HP BLOWER TOTAL SBT PARTS: $ 19,526.00 LABOR $ 6,793.00 TOTAL COST EXCLUDING TAX: $26.3 19.00 0 CARLSBAD FIRE STATION TWO 1906 Arenal (One Vehicle Back In) OTY DESCRIPTION 1 SBTA-20-PG- 1 TOTAL SBT PARTS: $ 4,078.00 LABOR $ 2,143.00 TOTAL COST EXCLUDING TAX: $6,221 .OO a City of Carlsbad proposal pricing Page 2 CARLSBAD FIRE STATION THREE 3701 Catalina (Two Vehicle Backin) 0 OTY DESCRIPTION 2 SBTA-20-PG- 1 1 EL-SBT-ES5 1 15 1 -PANEL 1 ENGINE SENSOR 1 3 HP BLOWER TOTAL SBT PARTS: $10,245.00 LABOR $ 6,391.00 TOTAL COST EXCLUDING TAX: $16,636.00 CARLSBAD FIRE STATION FOUR 6885 Batiquitos (Two Vehicle Drive Thru) OTY DESCRIPTION 0 2 SBTA-30-PG- 1 1 EL-SBT-ES5 1 15 1-PANEL 1 ENGINE SENSORS 1 3 HP BLOWER TOTAL SBT PARTS: $10,455 .OO LABOR $ 6,288.00 TOTAL COST EXCLUDING TAX: $16,743.00 e City of Carlsbad proposal pricing Page 3 CARLSBAD FIRE STATION SIX 3131 Levante (One Vehicle Back In) 0 OTY DESCRIPTION 1 SBTA-20-PG- 1 1 EL-SBT-ES32401 -PANEL 1 ENGINE SENSORS 1 3 HP BLOWER TOTAL SBT PARTS: $ 6,668.00 LABOR: $ 4,378.00 TOTAL COST EXCLUDING TAX: $1 1,046.00 0 0 City of Carlsbad proposal pricing Page 4 APPENDIX"A" TERMSANDCONDmoNSOFSA1 Et~~SE~MBERl, 1991 AAIR PURIFICATION e5 SYSTEMS I. DEFINITION "The Seller" is AAir Purification Systems. "The Buyer" is the person, firm or company that has issued a Purchase Order for AAir Purification Systems, products to Seller or Seller's authorized agent. 'The goods, products or equipment" refer to goods, work, materials or services sold by the Seller and subject to the terms and conditions contained herein. "TLe terms and conditions" mean the terms and conditions set out herein togetherwithany termandconditionsspecified in any Quotation,Order Acknowledgment, or Notification of Credit Terms Accepted, as issued by seller, or Seller's authorized agent, for products or senices covered under the Purchase Order. The terms and conditfons contained herein supersede a11 other terms and conditions which may or may not have been presented and/or accepted by any party other than Seller. 2. CONTRACT AND ACCEPTANCE Seller's acceptance of this order is expressly conditioned on Buyer's assent to the terms contained herein. All orders must be accepted by an authorized employee of Seller at the factory. +PING SCHEDULE AND DELIVERIES Seller will establish shipping schedules as closely as practicable in accordance with Buyers's requested delivery date. However, Seller shall not be responsible for delays in performance resulting from causes beyond its control or the control of its suppliers or subcontractors; including, but not limited to, any casualties, acts of Buyer, strikes or other labor difficulties, shortages of labor, supplies and transportation facilities, or Acts of God. Seller reserves the right to ship in advance of any Buyer requested dates, except those dates stipulated "Not Before". Should shipment be held beyond scheduled date for the convenience of Buyer, theseller reserves the right to bill immediately for the goods and to charge Buyer for reasonable expense inciden t to such delay, including storage fees, where applicable. All products shall be delivered f.0.b. Seller's plant, and title thereto and liability for loss and damage in transit or thereafter shall pass to Buyer upon Seller's delivery of goods to a common carrier for shipment to buyer. Claimsfor damages in transit must be asserted against the carrier. Within ten (10) days after receipt of shipment, Buyer must report any shortage or damage not due to the carrier, otherwise claims for such shortage or damage will be deemed waived. Shipping dates are contin- gent upon prompt receipt by Seller of all applicable Buyer specifications and Buyer furnished material, including sigh-off acceptance of equip- ment specifications or drawings, as applicable. 4. PRICES AND QUOTATIONS A@tationsexpire thirty (30)calendar days from the dateof quotation unless otherwise stipulated. Prices of products scheduled for shipment more than six (6) months after the date of Buyer's order shall be subject to escalation. Performance, or both. 5. LIABILITY Seller's total responsibility for damages (whether ar tort) arising out of or related to its performance of t1 products covered hereunder shall be limited to the cc product. In no event shall Seller be liable for any ir quential damages such as lost profits, loss of use of p or equipment, lost production, or expenses incur] Seller's performance, whether suffered by Buyer c Nothing in this paragraph shall in any way be con! liability Seller may have for personal injury or death 6. CONTINGENCIES SdlCr shall not bC rcsponsibk for atly failure to PCrfn beyond its control. These causes shall include, but n fire, storm, flood, earthquake, explosiont accident, enemy, war or rebellion, insurrection, sabotage, epic restrictions, labor disputes, labor shortages, transpor or failure due to delays in transportation and inabi materials, or failure of machinery for the manufacture of God, acts of Federal government or any agency tk state or local government or agency thereof, and j whether foreseen or unforeseen. Similar causes shall failure to take goods ordered by Buyer, other than transit or specially fabricated and not readily saleabll 7. TERMINATION In the event Buyer terminates all or any portion of reason, Buyer agrees to pay the costs already incurrec of cancellation, including the price of any goods or se fill the order already committed to by Seller and a reas for overhead and profit. Seller may cancel this ox judgement Buyer's financial condition does not jus payment specified, in which case, Seller may cancel ai unless Buyer shall, upon written notice, immediately delivered or shall pay in advance for all goods ordered. or both, at Seller's option. 8. TAXES Se1ler'S prices do not include any applicable sales, use, taxes or duties. If under any law or regula tion in efl required to pay orcollect any taxupon the produc tsaris tramportation, delivery, use or consumption of said PI directly or indirectly, thecontract priceshall be increasc of any such tax. 9. MODIFICATION OR CHANGES This contract constitutes theentire agreement between relating to the products supplied hereunder. All moc contract must be by written agreement. Any changes i quantities, schedules, materials or services requested b be subject to an equitable adjustment in the contrac 13. ASSIGNS 10. WARRANTIES Seller warrants to the original Buyer that the products sold hereunder shall conform to applicable drawings and any specifications provided by Seller, will be free from defects in workmanship and material under a1 use and service (except in those cases whcre the material are mied by the Buyer) and will perform in accordance with detailed specifications accepted by Buyer for a period of one year from the date of shipment. This warranty excludes the cost of removal or reinstalla- tion. For purposes of remedying any defects, Buyer agrees to provide Seller with reasonable assistance and access to the work. The liability of Sllcr under this warranty is limited to replacing, repairing or issuing credit(atcost,f.o.b.factoryandatScller'sdiscrction) for any partor parts which are returned by Buyer duringsuch period provided that (a) Seller is notified in writing within ten (10) days following discovery of such defects by Buyer, or within ten (10) days after such defects should reasonably have been discovered, whichever is less, (b) the defective unit is returned to Seller, transportation charges prepaid by Buyer, (c) payment in full has been received by Seller for said products, and (d) Seller'sexaminationofsuch u.p@shall disclose to itssa tisfaction that such defects have not been caused by misuse, neglect, improper installation, repair,alteration, Act of God,oraccident. No warranty made hereunder shallextend toanyStilerproductwhosescria1 numbcrisaltercd,cffaced or removed. Seller makes no warranty, express or implied, with respect to the design or operation of an entire system, in-which Seller's goods sold hereunder are mere components, nor does Seller make any war- ranty, express or implied, with respect to motors, switches, controls, or other components of Seller's products, whcre such components are warranted separately by their respective manufacturers. THIS WAR- RANTY 1s EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED* WHETHER STATUToRY OR OTHER- WISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT- ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event Her be liable to Buyer for indirect, incidental, collateral, or co "m uential damages of any kind. BUYER'S FAILURE TO PAY THE FULL AMOUNT DUE WITHIN SIXTY (60) DAYS OF DATE OF IN- VOICE SHALL OPERATE To FJXEASE SELLER FROM ANY AND WA-m, EXPRESS OR IMPLIED, WHETHER STA'WTORY OR OTHERWISE, IMUJDING ANY IMI'LIED WMWW" OF MER- IN CONNECTKN WITH ANY CONTRACT FORMED HEREUNDER, Any contract made hereunder shall be binding and benefit of thesuccessors and assignsof the entircbusi of either Seller or Buyer or of that part of the busine: the performanceofsuchcontract, but shall not be otl- 14. MODIFICATION OF STANDARD TERMS A CONDITIONS No addition to Or modifica "On Of any Of the provisir shallbebinding uponSe11ert unlcssmadc in writingar authorized cmp1oyce Of Scllcr' 15. ARBITRATION Buyer agrees that all claims, dcmands, disputes, differences arising under any contract made hereunc exclusivelybyarbitra tion inaccordancewith therule: thC American Arbitration Association. Judgcmcnt ~ rendered shall be binding on the buyer and may be el having jurisdiction thereof. Unless the parties agree ing, such arbitration will bc conductcd in Sari Diego 16. INTEGRATION Any contract formed hereunder shall constitUte the c agrccmcnt between thc partics. No promiscs, terl obligations, other than those contained in any contra der, shal~ be binding upon Seller; and such conkact 5 prcvious communications, representations, or agreer or written, behvccn the parties hereto or their respec 17. APPLICATION FOR CREDIT Buyer shall submit a complctcd application for credit toSeller'sacknowledgment and acceptanceof Buyer's reasonable credit level for Buyer shall be established t application, failure to provide acceptable credit refer support acceptable credi t levels necessary for the purc subsequent forfeiture of guaranteed pricing, deliver: ALL LIABILITY OR OBLIGATION ARISING PURSUANT TO ANY upon information provided. Buyer's failure to submil CHANTABILITYORFITNESSFORAPARTICULARPURPOSEMADE merit, may be construed as default on the part of BUYER AGREES THAT SUCH FAILURE TO PAY SHALL CONSTI- conditions contained herein. TUTE AVOLUNTARY WAIVEROFANY AND ALLSUCH WARRAN- TIES ARISING PURSUANTTO SUCH CONTRACT. These warranties 18. PAYMENT TERMS are contingent upon the product beingstored, installed, maintained, and operated inaccordancewith good engineeringpractices and theinstruc- tions contained in the Seller's Operating and Maintenance Manual where provided. Claims for expenses of Buyer relating to labor and/or material supplied by Buyer (commonly known as 'backchargcrs') will not be honored by Seller unless Buyer obtains the prior written consent of authorized personnel at Seller's factory to supply such labor and/or material. 11. NONWAIVER OF DEFAULT Each shipment made under any order shall be treated as a separate transaction, but in the event of any default by Buyer, Seller may decline to make further shipments without in any way affecting its rights under such order. If, despite any default by Buyer, Seller elects to continue to ipments, its actions shall not constitute a waiver of any default by 12. LAW The validity, performance and construction of these terms and condi- tions on any sale made hereunder shall be governed by the laws of the State of California, and the parties shall submit to the jurisdiction of the State of California. All terms and conditions listed pertain to purchase Purification Systems, equipment from any Buyer. All shall indicate Seller as AAir Purification Systems Ack orders shall be forthcoming only from the Seller, k Systems, and any other acknowledgment of condition1 be acceptable by the Seller. No verbal orders shall be 2 delivery of equipmen t will be determined from date of edgment of Buyer's purchase order, and terms contaii 19. PAST DUE ACCOUNTS AND LIENS ON EQU Buyer's failure to remit payment will result in collecl utilizing appropriate legal channels including the mec Cost associated for collection will be added to Scll considered ducand owing from the Buyer.Asastandar Seller will notify the Buyer and/or other involved parti has supplied material to his project under the terms of that the legal requirement of notification has previoi lished in the event of a dispute between general contri insoIvencyofgeneralcontractsor Buyer,ordefaultonp~ general contractor or Buyer. -r or in any way affect Seller's legal remedy for such default. mam VEHICLE EXHAUST VENTILATION APPARATUS 0 EOUIPMENT SPECIFICATIONS EQUIPMENT TYPE Shall be delivered and installed as a Sliding Balancer Track system, as manufactured to the specifications to follow. OPERATING LOGIC The operating logic of this system shall complete the following cycle. Upon the vehicles to the apparatus floor of the fire station, a 4" dia. exhaust ventilation hose equipped with a pneumaticall controlled- grabber nozzle shall be attached to vehicles exhaust tail pipe and inflated manually by : operator standing vertically at the entrance door. At such time that the vehicle exhaust is attached the ventilation system, the exhaust fan shall automatically and instantaneously energize to assure total collection of exhaust gases prior to vehicles entering the building. The vehicle can now be positioned m its designated parking position. Upon emergency dispatch of the vehicle, the exhaust ventilation fan shall be automatically energized by the output pressure generated by any internal combustion engine. As the vehicle leaves the apparatus floor, the flexible hose with grabber nozzle shall travel along a sliding balanc track which supports the ventilation hose with the use of a spring coiled balancer. The balancer shall keep exhaust ventilation hose away from the exiting apparatus. Mounted to the sliding balancer track shall be an (uncoupling) release valve which shall automatically release compressec air from the grabber nozzle allowing a Smooth uncoupling of the exhaust system regardless of thc speed the vehicle may exit the building. CERTIFICATION/APPROVALS Ventilation equipment offered to the Department by the bidder shall be designed and manufacture by a nationally recognized company with a minimum of 5 years experience in providing identical like type of equipment as per the specification. (I) Vehicle Exhaust Extraction Systems Specifications Page 1 SLIDING BALANCER TRACK Shall be a one piece continuous extruded track in a minimum length of 20 feet. Construction profile shall be of a Boxloc type profile which adheres to the following dimensional data Track height 3 1/8", Track width 1 1/2" Track thickness 1/8". TRACK MATERIAL Shall be aircraft aluminum alloy type AA-06063. MOUNTING COMPARTMENT Shall accept slider (which are provided with factory supplied vertical support likes and riser clam1 duct connection.) And allow their positioning along the full length of slotted track mounting compartment. Mounting compartment shall also accommodate compressed airlines for purposes ( safety and appearance. BOX LOC COMPARTMENT Shall be provided to separate top and bottom compartments and provide torsion twist reinforceme 0 0 to track. TROLLEY COMPARTMENT Shall be 1" by 1 3/16- compartment with a 5/16" slot opening along the entire bottom of track. Compartment shall be designed in such a fashion to eliminate balancer trolley twist. TRACK GROOVES Shall be provided adjacent to load carrying surface of the trolley compartment. These grooves shall be placed in such a fashion as to assure free movement of trolley along and through extendel length track couplings. TRACK WEIGHT Shall not exceed 35 Lb. per 20' @ Vehicle Exhaust Extraction Systems Specifications Page 2 TRACK LOAD CAPACITY Shall be a minimum of 5800 Lb. TRACK SPLICE ASSEMBLY In the event it is required to extend the length of track greater than its 20 foot continuous length a track splice shall be provided. Track splice shall be manufactured of zinc plated steel in two parts as a clamp. This clamp shall accurately secure both tracks in a fashion which shall eliminate any possibility of problem passage through this splice. Connecting length of splice shall be a minimur of 15 34- long and fabricated of 14 gauge material. Four 1/4" bolts with lock nuts shall pass directly through internal partition of boxloc track. TRACK JOINER PLATE In the event that is necessary to join two tracks in a parallel configuration a joiner plate shall be providled to provide proper support to both tracks and provide secure mounting for mounting support leg assembly. ENDSTOPS Shall be fabricated of zinc plated steel in U shape form with rubber endstops on the inside fitted b means 1/4" molded blocking bolt. Endstop shall be secured to track by no Iess than 2 by 1/4" security bolts and locking nuts. SECURITY BOLT To add further security to the end stop provider shall 'install a 1/4" through bolt at end of track to eliminate possibility of endstops unforeseen dislocation from track. MOUNTING SUPPORT LEGS Shall 'be manufactured and provided by the supplier of primary exhaust system. (Equipment manufacturer). Supports shall be telescopic type, and shall be capable of telescopic travel from 6 inches to 13 feet. 0 0 0 Vehicle Exhaust Extraction Systems Specifications Page 3 TELESCOPIC PROFILE Shall consist of an outer profile with dimensions no less than 1 3/4" OD. With 3/8" fastening hardware provided. Inner leg shall be C profile type with continuous slot along its traveling length. Welded securely to bottom of C profile shall be a mounting foot complete with slider and 3/8th hardware necessary for mounting. Horizontal track to mounting compartment system. SIDE BRACES Shall be round tubular steel with pressed ends. Angle shall be completely adjustable to the leg support and mounted perpendicular to direction of track. Typical support angle shall be 45' from center line of manufacturer provided support leg. DUC'UHOSE RISER CLAMP Shall be fabricated as a one piece welded assembly. Manufactured for the purpose for the purpos of trarisitioning from flexible duct connection to solid spiral duct connection. Riser clamp shall bc pre-drilled to mount air regulator to riser clamp assembly, and accept airlines which shall pass through air tight sealed mounted to pipe. Hardware as well as slider plate shall be provided with fitting. ACCU TRACK TROLLEY Shall 'be manufactured as a two piece galvanized steel assembly including bumper stops. Fixed tc trolley with a use of solid steel pins shall be four load carrying bearings which are sealed and permanently lubricated, Load carrying bearings shall travel internally in track trolley compartmer Two iiccu track bearings shall be provided on bottom side of portion of track to eliminate or so greatly reduce wobble of trolley to provide smooth travel along full length of track. Release plate shall be provided to energize uncoupling release valve when passed by trolley. SAFETY LINK BALANCER CONNECTION Shall also be provided with trolley to make secure permanent connection to balancer. 0 0 a Vehicle Exhaust Extraction Systems Specifications Page ,? 0 RELEASE UNCOUPLING VALVE Shall be single direction action, and affixed to a mounting bracket which can be easily positioned along i.he full length of track profile. Release valve shall be set for the maximum exiting speed of the vehicle. BALANCER BLOC Shall be a self adjusting weight balancer with a lifting capacity of no less than 3 1 Lb. Balancer shall have a minimum diameter stainless steel cable of .080 dia. and safety link connection. UPPEiR HOSE ASSEMBLY Shall be flexible exhaust hose manufactured for the sole purpose of venting high temperature exhaust gases which are produced by internal combustion engines. Hose shall be four inch diamei er with varying lengths depending on system provided 25 foot through 43 foot continuous length of no joining or splicing connections. HOSE; MATERIAL Shall be high temperature black impregnated into a high temperature laminated fabric with a minimum overlapping thickness of 2 3/4". WIRE HELIX Shall he bound in black hose and not exposed to possible contact by personnel. Vehicle Exhaust Extraction Systems Specifications Page 5 WEAR STRIP Shall be provided to further protect internal wire helix from heat buildup and in turn add in visibility to personnel. Wear strip shall be 9/16" wide and provided as a safety yellow color. BEND RADIUS Shall be no less than 1.5 times 4" ID. At no time shall the hose be allowed to distort from its original crossectional area. LOWER HOSE ASSEMBLY Shall be a rigid 4" dia. by 2 foot long section of yellow and black hose identical in appearance to the upper hose assembly. Lower hose shall support grabber and reducing elbow in a rigid fashioi as to allow for operator to place hose collection device onto tailpipe without the need for bending over. And also serve as the only section of hose which shall release if in the circumstances of safety disconnect. HOSE SUSPENSION SADDLE Shall be fabricated of a rubber molded cushion designed specifically for the purpose of suspendin exhaust ventilation hose, Design of saddle shall smoothly transition direction of hose during its operating travel. Securing clamps shall be provided including all link fastener which will mount t balancer safety link. SAFETY DISCONNECT COUPLING Shall be incorporated in the design of system enable. e lower two foot hose assembly to separate from the upper hose assembly thus reducing the possible chance of damage to system if in the unlikely event that the exhaust nozzle assembly may become entangled in wheels or under carriagc of vehicles. This device shall consist of two spun aluminum collars connected by a reusable rubber band. The release tension of this device to separate shall be no greater than 88 Lb. One collar shall house an expanded secondary metal debris screen. 0 0 a Vehicle Exhaust Extraction Systems Specifications Page 6 GRABBER PNEUMATIC NOZZLE Shall provide an substantially air tight seal around exhaust tail pipe when connected. Nozzle shall automatically adjust its internal orifice to accept any tail pipe from one inch through six inch diameters. Manufacturer of nozzle shall offer if required both maximum diameter nozzles of 6.25 diameter and 4.75 diameter. The grabber pressure shall not exceed 15 Lb. per square inch, Nozzle construction shall be high temperature synthetic, vulcanized to a high temperature syntheti fabric. A NOMEX inner liner shall be provided as a primary temperature and friction barrier. REDUCING ELBOW Shall be one piece continuous welded construction allowing a smooth air flow transition from inside diameter of grabber at 6.25 to 4 inch exhaust ventilation hose. Angle of transition shall be no less than or greater than 670 from center line of reducer. Reducer shall also incorporate a primary expanded metal debris screen which is permanently affixed by welded seams to the insidt opening of exhaust fitting. Reducer finish shall be chrome electro plated. AIR FILLED VALVE Shall be of the sliding pushhutton action, manual or automatic release. The valve shall be constructed of cast aluminum and refinished with black epoxy coating. All air seals shall be oil resistant. Operating pressure shall be 7-15 Lb. Primary air supply to uncoupling valve (of air filled valve) shall be compression fitting. Primary air supply from regulator shall be compression fitting. Secondary air supply to grabber shall be a safety release for air tubing with a release pressure of no greater than 80 Lb. PNEUMATIC AIR SUPPLY Shall be 1/4" (6mm) OD tubing capable of exposure of high temperature air stream inside ventilation hose and duct. And shall be fed through exterior of hose and duct by the use of substantially air tight chromated fittings. 0 I) 0 Vehicle Exhaust Extraction Systems Specifcations Page 7 0 DUCT WORK SPECIFICATIONS DUCT WORK TYPE To be UMC class C or SMACNA class I1 product conveying. And shall meet or exceed criteria fc construction and performance as outlined in Round Industrial Duct Construction Standards, 1977 SMACNA. CERTIFICATION/APPROVALS Construction, performance and installation shall be performed to meet or exceed the uniform mechanical code as well as the uniform fire code for the state of California or Arizona (as applicable) In turn the bidder shall certify that they will adhere to with all applicable city, state an( federal codes. MATERIALS OF CONSTRUCTION Materials of construction unless otherwise specified all duct and fittings shall be in minimum G-6r galvanized sheet metal in accordance with ASTM-A525 and A527. When specified, type 304 stainless steel in accordance with ASTM A240 shall be provided. DUCT SIZE All duct subject to positive or negative pressure shall be of round spiral pipe construction, with thi range of available sizes not to exceed 10 inches in diameter. DUCT GAUGE Duct gauge shall depend on diameter and a minimum operating pressure of 8 inches water gauge. Acceptable gauge and reinforcement requirements shall be in accordance to the following. Inner duct diameter 4" - 8" dia./22 gauge standard spiral pipe and 9' - 10" dia./20 gauge standard spiral pipe. @ a Vehicle Exhaust Extraction Systems Specifications Page 8 DUCT LENGTH Shall be provided in continuous and unjointed lengths wherever possible. Except when interrupt6 by fittings, round spiral duct section shall not be less than 10 feet long. EXHAUST FITTINGS All exhaust fittings shall be round and have a wall thickness, 2 gauges, (one even gauge number) heavier than the lightest allowable gauge of the downstream section of duct to which they are connected. Branch entrances shall be by means of factory fabricated fittings or factory fabricated duct /tap assemblies. Fittings shall be constructed so that air stream converges at angles of 45 deg STANDARD WELDED SEAMS Standard seam joints shall be continuous welded on all fittings. All welded joints shall be coated with a protective paint, inside and out to prevent damage to galvanized surface. 0 f TURNING ELBOWS Shall be die stamped and used for all diameters and pressures. They shall be fabricated of 20 gauge galvanized steel and constructed as two piece with continuos welded seam construction. TAPERED BODY FITTINGS Shall be used wherever particular fallout is anticipated, and where air flow is introduced to the transport duct manifold. EXHAUST JOINT CONSTRUCTION All joint connections which are not continuous welded shall be supplied with a transition coupling from the downstream end only. Coupling shall be fully welded and shall provide a fitting size projection to fit inside a downstream fitting or another duct section. Couplings shall have a two inch minimum insertion length and shall be 2 gauge numbers (one even gauge number) heavier than the duct to which they are connected. This along with a 600 degree high temperature silicon seal will constitute the primary mechanical seal. A secondary safety seal shall be provided on all non-welded joint connections, by the use of a Duct-Mate brand drawband type duct coupler. 0 rl) Vehicle Exhaust Extraction Systems Specifications Page 9 DUCT CONVEYING VELOCITY Shall be a minimum of 3500 - 4000 feet / minute transport velocity. CAPTURE VELOCITY Shall be a minimum of 5500 - 6000 feevminute. EXTERNAL DUCT WORK Shall be sized for the exact inlet and outlet of the exhaust fan blower. If fire station is exposed to unusual inclement weather, unusual levels of acid rain or is within 3 miles of salt water, stainless steel shall be utilized for all exterior duct work components. EXHAUST RAIN CAP Shall be manufactured in accordance with EPA standard for free draft rain cap requirements. Included in as an interracial part of this rain cap shall be a back draft damper to provide protection from rain and other inclement weather. 0 0 ACOUSTICAL SOUND CONTROL Shall be provided on all exhaust systems when exhaust fan exceeds 78 db unintenuated. EXHAUST DUCT PENETRATION Wherever possible, Provider shall penetrate exterior walls rather than a roof penetration. In all cases when making a wall penetration through masonry or concrete walls it shall be done by the use of a professional core drilling machine. The core drilling shall be properly sized to reduce the diameter to the smallest possible size. Only after all possible avenues for wall penetration are exhausted, shall the roof penetration be accepted. At this point the bidder shall obtain the services of the original roofing contractor as to not void any maintenance bonds, which might exist to date. 0 Vehicle Exhaust Extraction Systems Specifications Page 10 DUCT WORK DRAWINGS Shall be provided at time of bid clearly illustrating the intended path that the duct work shall take between equipment and exterior wall and include intended mounting procedures for all duct work internal/external and exhaust fan components. a 0 rl) Vehicle Exhaust Extraction Systems Specifications Page 11 EXHAUST FAN SPECIFICATIONS 0 EXHAUST FAN TYPE Shall be manufactured and delivered as a direct drive spark resistant top horizontal discharged blower unless otherwise specified. EXHAUST FAN LOGIC Shall be designed as a pre engineered exhaust fan designed for the sole purpose of exhausting Volatile Organic Compound (VOC) and carcinogenic compounds generated by internal combustio engine designed to propel any motor vehicle. The exhaust fan should operate automatically only during the point of when electrical power is administered to the totally enclosed fan motor. CERTIFICATION/APPROVALS Exhaust fan offered to the Department shall be tested in accordance to AMCA standard # 210 in ar AMCA approved test facility. 0 FAN HOUSING Shall be fabricated from Almag (AluminumMagnesium alloy) with no greater than 5% Iron conte or any other material with demonstrated ability to be spark producing. Fan housing also be designed as a two piece construction sealed by a Teflon gasket and fastened by a stainless steel hardware. Housing shall be fitted with a 1/4" dia. drain hole to relieve moisture and condensatior which may be generated by the vehicles. FAN IMPELLER Shall be fabricated from Almag (AluminumMagnesium Alloy) and be designed as a blade type wheel. Fan wheel shall be provided with 2 Allen type set screws one of which shall bear down 0; motor key way provided with fan motor. FAN HOUSING SEAL Shall be provided as a press fit Teflon shaft seal 1/8 inches thick and prevent VOC exhaust gases from coming into contact with motor bearings. This seal shall be substantial enough to prevent Vehicle Exhaust Extraction Systems Specifications Page 12 e motor shaft from coming in contact with fan housing in the unlikely event that fan motor bolts 0 become loose. FAN BASE Shall be fabricated from 304/10 gauge stainless steel with four half inch punched holes on bottom side of base to secure fan base motor and housing securely to building surface (E. wall, ceiling, roof ect..). All hardware provided to secure motor to base shall be stainless steel. FAN MOTOR Shall be UL listed and manufactured by a readily available nationally recognized motor manufacturer . MOTOR TYPE Shall be supplied as a totally enclosed fan cooled or non ventilated type. With a readily available NEMA frame from 56 - 145 T. MOTOR BASE Shall be rigid, welded base configuration. Motor shall- be externally mounted to the contaminated air stream. MOTOR BEARINGS Shall be provided as totally enclosed self lubricated type. VIBRATION ISOLATING Fan shall be manufactured as a complete assembly to assure the least possible vibration or movement. Fan wheel shall be both statically and dynamically balanced. 0 a Vehicle Exhaust Extraction Systems Specif cations Page 13 FANMOTOR PERFORMANCE Shall be capable of providing a minimum CFM at a minimum static pressure as referenced in the following table. 0 One Vehicle 500 CFM / 7.1 inches at 200 deg F Two Vehicles 1000 CFM / 7.7 inches at 200 deg F Three Vehicles 1500 CFM / 8 inches at 200 deg F Four Vehicles 2000 CFM / 8 inches at-200 deg F Five Vehicles 2500 CFM / 8 inches at 200 deg F Six Vehicles 3000 CFM / 8 inches at 200 deg F EXHAUST FAN QUANTITIES Bidder provide one exhaust fan for the total amount of vehicles housed in an individual station MOTOR SUPPLY POWER Shall be 3 phase, if possible. 0 FANMOTOR LABELING Fan assembly shall bear the same manufacturers name as the primary exhaust ventilation equipment and electrical controller operating it. Also listed on labeling shall be model number/RPM/inlet size/outlet size/temperature/ break horse power/CFM/class and any warning labels or instructions required under underwriters laboratories. I) Vehicle Exhaust Extraction Systems Specifications Page 14 ELECTRICAL CONTROL SPECIFICATIONS 0 CONTROLLER TYPE Shall be manufactured and delivered as an Operating System One series controller. CONTROLLER LOGIC Shall be designed to sense the output pressure which is normally generated by any internal combustion engine designed to propel any motor vehicle. The operating logic shall be designed t complete this cycle. At any point in time, when a collection device is connected to a motor vehicle's exhaust tail pipe, and at which time the vehicle is manually or automatically energized bj the operator. This controller shall in turn automatically the engine's output pressure and in turn energize the electrical contactors which will provide proper full load amperage to the exhaust system motor. The controller through the use of a three minute fixed timer shall keep the contactoj energized for the three minute minimum fixed time.. If the responding vehicle does not disconnec from the exhaust ventilation system in less than the prescribed three minute setting, a temperature override switch shall override the fixed timer delay relay as to ensure continuous system operatior for as long as the exhaust gas temperature being transported through the duct SYSWM is in exces of 130 deg F. At no time during this cycle shall the controller allow the exhaust ventilation fan to short cycle by stopping and starting anywhere during the period of time that the vehicle is connected to and operating on the ventilation system. CERTIFICATION/APPROVALS Electrical controller offered to the Department shall be approved by Underwriters Laboratories (UL), as a complete electrical system for enclosed industrial control panels. UL RATING Electrical controller shall be, UL listedapproved and manufactured in accordance with Underwriters Laboratories standard UL-508 enclosed industrial control panels and incorporate a limited energy control circuit. ELECTRICAL ENCLOSURE Shall be NEMA 12 rated and UL listed as type 12. @ (I) Vehicle Exhaust Extraction Systems Specifications Page 15 ENCLOSURE KEYLOCK Shall be provided mounted in electrical enclosure to restrict access to internal components of controller by only authorized entry. ELECTRICAL CONTACTORS Shall be Allen Bradley industrial electrical contactors provided with the appropriate adjustable overload relays to meet the proper full load amperage of motor it is designed to control. Contract( shall conform to the following standards: BS-5424, VDE0660, and approved by UL certification as a approved component. CONTROL TRANSFORMER To be UL listed industrial control circuit transformer with primary and secondary fuse blocks. Transformer shall be provided with multitap primary 208V through 480V AC, and 24V through 120V secondary. ELECTRICAL TIMER Shall be solid state, 3 minute fixed timer. Operating logic shall complete this cycle. Input voltage is applied to the timer at all times. Upon closure of a normally open isolated start switch, the load energizes and remains energized as long as the switch is closed. When the start switch opens, the timing cycle starts. At the end of the present time delay, the load de-energizes and the timer is ready for a new timing cycle. Timer shall be a UL recognized component under file number E650: 8. ENGINE START SWITCH Shall be engine pressure sensing type capable of recognizing the output pressure of any type of motor vehicle. Electrical contact shall be dry type or not exceed 24V. TEMPERATURE OVERRIDE SWITCH To be closed on rise type to enable continuous system operation after the fix time delay relay has completed it's timing cycle. e 0 Vehicle Exhaust Extraction Systems Specifications ' Page 16 PUSH TO TEST BUTTON Shall be Allen Bradley illuminated amber contact push button. This device shall meet UL type 4;k rating. Indicator lighvstart button shall be mounted on the enclosure cover and be identified by engraved ledger plate. WIRING Shall be run in wire channel to allow for easier identification of wiring circuit and appearance. A1 wiring circuitry shall meet UL listing for proper bending radiuses and termination's. TERMINAL BLOCK Shall be 600 V, UL rated, recognized and shall provide individual connection points for remote controls, power and motor connections. WIRING IDENTIFICATION Shall be computer generated and identify all terminals, fuses, contactors, on both supply and termination points. LABELING Shall be provided and secured permanently to the exterior of electrical controller, indicating the manufacturer, hisher address and telephone number, user instructions and any warning or cautions required by Underwriter Laboratories. ELECTRICAL WIRING SCHEMATIC Shall be provided with each electrical control box supplied. Wiring schematic shall show internal circuitry as well as all primary and secondary connections to the controller. This schematic shall b provided as a "D" print drawing to the department. e 0 Vehicle Exhaust Extraction Systems Specifications a Page 17 ELECTRICAL INTERFERENCE The Department shall reject any design of electrical controller which utilizes or produces electrical frequency transmission. Or any possibility of electrical backfeed which may interfere with a central services communication or onboard vehicle computers logic or navigational equipment. 0 a Vehicle Exhaust Extraction Systems Specifications o Page 18 9 *, ,,fn,.J* ’- Rs,cord(ng requested by: CITY OF CARLSBAD City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 When recorded mail to: 397 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property herei 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, 9: The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on Octobs 1995. The name of the contractor, if any, for such work of improvement is The Reinhart Corpor dba AAIR Purification. The property on which said work of improvement was completed is in the City of Carl: County of San Diego, State of California, and is described as follows: INSTALLATION OF DIESEL EXHAUST SYSTEMS AT FIRE STATIONS 1,2,3,4 & 6, Con 2. 3. 4. 5. 6. 7. NO. CS 95-1. 8. The street addresses of said properties are: FS #1 - 1275 Carlsbad Village Drive, Carlsbad, CA 92008 FS #2 - 1906 Arena1 Road, Carlsbad, CA 92009 FS #3 - 3701 Catalina Drive, Carlsbad, CA 92008 FS #4 - 6885 Batiquitos Drive, Carlsbad, CA 92009 FS #6 - 3131 Levante Street, Carisbad, CA 92809. CITY OF CARLSBAD Charles Walden Facilities Superintendent \r 338 a VERIFICATION OF CITY CLERK c @ ++x F I, the undersigned say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 9200 City Council of said City on , 1995, accepted the above desc 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 November 16 , 1995 at Carlsbad, California. November 14 CITY OF CARLSBAD $zZ&ty Clerk Karen R. Kundtz, Assistant City Clerk