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Home My WebLink AboutDiversified Window Coverings Inc; 2007-07-20; PWS07-23ENGCARLSBAD PUBLIC FINANCING AUTHORITY CITY OF CARLSBAD, CALIFORNIA 1635 FARADAY AVENUE CARLSBAD CA 92008 CONTRACT DOCUMENTS AND TECHNICAL PROVISIONS FOR GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG Contract No. PWS07-23ENG Page 1 of 30 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 3 Contractor's Proposal 8 Guide for Completing the "Designation Of Subcontractors" Form 12 Designation of Subcontractor and Amount of Subcontractor's Bid Items 14 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 15 Bidder's Statement of Re Debarment 16 Bidder's Disclosure of Discipline Record 17 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 19 Contract Public Works 20 Labor and Materials Bond 26 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 28 Specifications, Quote, Item List, Drawings Exhibit "A" Contract No. PWS07-23ENG Page 2 of 30 Pages CARLSBAD PUBLIC FINANCING AUTHORITY (CPFA), CALIFORNIA NOTICE INVITING BIDS Until N/A on N/A , 2007, the CPFA shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: provision and installation of window coverings for the City golf course buildings. GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the CPFA and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The CPFA may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the CPFA, City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the Board of Directors of the CPFA (the "Board") on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Sections 2 & 3. 2006 Edition, . all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. A*& Contract No. PWS07-23ENG Page 3 of 30 Pages The CPFA encourages the participation of minority and women-owned businesses. The CPFA encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Certificates of Insurance. The riders covering the CPFA, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $54,903 TIME OF COMPLETION: The contractor shall complete the Work within the time set as quoted by the Contactor. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the CPFA by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the CPFA. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: C61-D52 •^ Contract No. PWS07-23ENG Page 4 of 30 Pages ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ N/A per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the CPFA except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the CPFA except as hereinbefore specified. REJECTION OF BIDS The CPFA reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the CPFA Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the CPFA "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. Contract No. PWS07-23ENG Page 5 of 30 Pages UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the CPFA until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the CPFA may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The CPFA does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the Board is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the CPFA may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Contract No. PWS07-23ENG Page 6 of 30 Pages BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. A•^ Contract No. PWS07-23ENG Page 7 of 30 Pages CARLSBAD PUBLIC FINANCING AUTHORITY GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG CONTRACTOR'S PROPOSAL Board of Directors CPFA 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PWS07-23ENG in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" Approximate Item Quantity No. Description and Unit Total 1 Provision and installation of LUMP SUM window coverings per specifications and contractors Dollfers (Lump Sum) Total amount of bid in words for Schedule "A": OM DolW Total amount of bid in numbers Schedule "A": $ 6^001- OH Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). Kim has/have been received and is/are included in this proposal. ' Contract No. PWS07-23ENG Page 8 of 30 Pages The Undersigned has carefully checked all of the above figures and understands that the CPFA will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors (the "Board") of the Carlsbad Public Financing Authority (CPFA), the Board may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number §\jf{\ft\\ _ , classification (H/ll Pfr^ _ which expires on ^jT^I^H _ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the CPFA by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the CPFA. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Board member, officer agent, or employee of the CPFA is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _ N/A _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. A•^ Contract No. PWS07-23ENG Page 9 of 30 Pages 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. (5) E-Mail 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 made by a general partner) (3) Place of Business. (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Contract No. PWS07-23ENG Page 10 of 30 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of. (4) Place of Business ffltiO TlMlM/ MTlflE- Ufl.^ fl «, „ -^ • . - /^'- / ^-reetand Number)City and State SftVI (5) Zip Code 0 _ Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Contract No. PWS07-23ENG Page 11 of 30 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California "1 c; \ ICountv of ^-Ootx-t, i\ ^_~-< fj \ On & personally . / /I " 0 . •> // o iO~? . before me. / ('Date v ^^ appeared jl x\±s « A. r^-t. <L~>f~( ss. ^^>«5_ tC/^^l_JL^e-^^ «^/r>loe— < ^CJ>-K?.i Name and Title of Officer (e.g.. "Jane^)oe. Notary Public") A / ^ //i-o- /^, 1 i^i **L 1 &. *^ j , Name(s) of Signer(s) \ MELISSA WEAVER COMMJ16916S2 Q NOTARY PUBLIC-CALIFORNIA -A , SAN D.EQO COUNTY -* My Ccmm. Expi«* Ootob.r1.2010 D personally known to me improved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/their authorized capacity(ies), and that by his/hefftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ^_J £?-or Document Date: Ji»* o~L Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): G Partner — L] Limited n General LJ Attorney in Fact CJ Trustee [J Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): n Partner— Limited D General D Attorney in Fact n Trustee D Guardian or Conservator D Other: ; RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: 'x^X^<V^<^<^^ © 2004 National Notary Association • 9350 Do Soto Ave . PO Box 2-102 • Ctiatsworth. CA 91313-2402 lmm No 5907 Reorder: Call Toll-Free t-800-876-6827 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the CPFA to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the CPFA of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board shall be final. Contract No. PWS07-23ENG Page 12 of 30 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. A•^ Contract No. PWS07-23ENG Page 13 of 30 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the CPFA. SUBCONTRACTOR'S BID ITEMS Portion of Work N\l>< I Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* Page.I Of \pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Contract No. PWS07-23ENG Page 14 of 30 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Contract No. PWS07-23ENG Page 15 of 30 Pages BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG I 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? J_ yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Diversified Window Coverings Inc. (name (sign here) David Undtey, President (print name/title) Page I of I pages of this Re Debarment form Contract No. PWS07-23ENG Page 16 of 30 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _] of £/ pages of this Disclosure of Discipline form Contract No. PWS07-23ENG Page 17 of 30 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Diversified Window Coverings Inc. Uncfley, President (print name/title) Page /- of Z^ pages of this Disclosure of Discipline form Contract No. PWS07-23ENG Page 18 of 30 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG State of California County of , being first duly sworn, deposes and says that he or she is (Title) of Diversified Window Coverings Inc. (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penal executed on the rjury that the farrtegoing is true and correct and thaLthis affidavit was day of Subscibed and sworn to before me on the / ^ day of J> c± (NOTARY SEAL) •**• "'V^ -**• -*i ft, ..ft. .-Th. MELISSA WEAVER COMM.#1691652 £j NOTARY PUBLIC-CALIFORNIA -1 SAN DIEGO COUNTY _1 My Comm. Explrti Octotwr 1.2010 ^ PM'VIJVVIJVVV Signature of Notary Contract No. PWS07-23ENG Page 19 of 30 Pages CONTRACT PUBLIC WORKS This agreement is made this <fi *~ day of i>ytiXy _ , 2007, by and between the CARLSBAD PUBLIC FINANCING AUTHORITY, California, a municipal corporation, (hereinafter called "CPFA"), and DIVERSIFIED WINDOW COVERINGS, INC., whose principal place of business is 8410 Juniper Creek Lane, San Diego CA 92126 (hereinafter called "Contractor"). CPFA and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors, Re Debarment, Non-collusion Affidavit, the Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the CPFA will be the interpreter of the intent of the Contract Documents, and the CPFA decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. The Project Manager will close the estimate of work completed for progress payments on the last working day of each month. The CPFA shall withhold retention as required by Public Contract Code Section 9203. Contract No. PWS07-23ENG Page 20 of 30 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by CPFA about underground conditions or other job conditions is for Contractor's convenience only, and CPFA does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by CPFA. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify CPFA, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. CPFA shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between CPFA and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the CPFA, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contract No. PWS07-23ENG Page 21 of 30 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the CPFA, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the CPFA. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the CPFA against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the CPFA. Defense costs include the cost of separate counsel for CPFA, if CPFA requests separate counsel. Contractor shall also defend and indemnify the CPFA against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the CPFA. Defense costs include the cost of separate counsel for CPFA, if CPFA requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City of Carlsbad policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the CPFA or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the CPFA. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The CPFA, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the CPFA, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Contract No. PWS07-23ENG Page 22 of 30 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the CPFA, its officials, employees and volunteers. Any insurance or self-insurance maintained by the CPFA, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CPFA, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the CPFA by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the CPFA. At the option of the CPFA, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the CPFA, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the CPFA or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the CPFA with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the CPFA and are to be received and approved by the CPFA before the Contract is executed by the CPFA. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the CPFA using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Contract No. PWS07-23ENG Page 23 of 30 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the CPFA must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the CPFA, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the CPFA seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. iX init \f init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the CPFA, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the CPFA by certified letter accompanying the return of this Contract. Contractor shall notify the CPFA by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the CPFA to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the CPFA may be substituted for monies withheld to ensure performance under this Contract. Contract No. PWS07-23ENG Page 24 of 30 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CARLSBAD PUBLIC FINANCING AUTHORITY, a municipaLoorporation of the State of California Diversified Wtodotf^everlnas Inc. " ractor) By: _{ Executive Manager CP'FA Sectary President or vice-president and secretary or assistant secretary must sign for corporations,!Jf\otfly one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD^TBALLCPF; puty CPFA Council Contract No. PWS07-23ENG Page 25 of 30 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California <? County of ^_ On fa 11 y I O ~) . before me, / Date ' personally appeared rt J.___ Name and Title of Officer (e.g., "Jane Doe\ Notary Public") Namels) of Signer(s) A U ft i ft M<Xn<\ MELISSA WEAVER COMM.#1691652 t. ONOTARY PUBLICX:ALIFORNIA -i SAN DIEQO COUNTY ^ My Comm. Expires Octob«r 1 , Z01 0 „, D personally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/is/are subscribed to the within instrument and acknowledged to me that hfi&be/they executed the same in his/her/their authorized capacity(ies), and that by his/bef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. 0"'//<-4^i*—? -S^~ L/^ Signature of Notary Public OPTIONAL y prove Khmer -^ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documei Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual LI Corporate Officer — Title(s): LJ Partner — D Limited L'i General LJ Attorney in Fact L'i Trustee i.J Guardian or Conservator I ] Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): L] Partner — Z Limited D General D Attorney in Fact [I] Trustee D Guardian or Conservator D Other: : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ^'^•C^X^C^'.^^--^"^^ (O 2004 National Notary Association • 9350 De Solo Ave PO Box 2402 • Chalsworth CA 91313-2402 Itvm Na 5907 Reorder Call Toll-Free t -800-876-6827 Company Profile Page 1 of 1 Company Profile INDEMNITY COMPANY OF CALIFORNIA P.O. BOX 19725 IRVINE, CA 92713 800-782-1546 Former Names for Company Old Name: TRANSNATIONAL CASUALTY INS CO Effective Date: 08-12-1976 Agent for Service of Process Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 25550 NAIC Group #: 0075 California Company ID #: 1926-5 Date authorized in California: August 20, 1968 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - January 17, 2007 12:57 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 07/03/2007 BOND NO. 727194P < PREMIUM: $1,098.00 Premium !s For Contract Term And Is Subfocl To Adjustment LABOR AND MATERIALS BOND B"sd °' *** ° " ?"** WHEREAS, the Carlsbad Public Financing Authority (CPFA), State of California, has awarded to: DIVERSIFIED WINDOW COVERINGS, INC. (hereinafter designated as the "Principal"), a Contract for: GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the CPFA and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, DIVERSIFIED WINDOW COVERINGS, INC., as Principal, (hereinafter designated as the "Contractor"), and INDEMNITY COMPANY OF CALIFORNIA as Surety, are held firmly bound unto the CPFA in the sum of FIFTY-FOUR THOUSAND NINE HUNDRED THREE Dollars ($54,903.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the CPFA, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Contract No. PWS07-23ENG Page 26 of 30 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State nf CALIFORNIA County of SAN DIEGO On 5/1/2007 before me,. DATE personally appeared 0 personally known to me - OR -1 DEBORAH D. DAVIS COMM. #1737411 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm.Exp. APRIL 21,2011 DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" KAREN JEAN HALL NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their f signature(s) on the instrument the person(s), L or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ft/v SIGNATURE OF NOTARY OPTIONAL SECTION —• OPTIONAL SECTION — CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [J INDIVIDUAL n CORPORATE OFFICER(S) TITLE(S) [] PARTNER(S) [J LIMITED n GENERAL [X] ATTORNEY-IN-FACT n TRUSTEE(S) Q GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 1ST MAYday of., 2007. Executed by SURETY this. of 1ST .day ., 2007. CONTRACTOR: DIVERSIFIED COVEJIINGS, INC. SURETY: INDEMNITY COMPANY OF CALIFORNIA (name of Surety) 17780 FITCH, SUITE 200 IRVINE, CA 92614 (address of Surety) DAVID LINDLEY 619/521-9686 (print name here)(telephone number of.Sure PRESIDENT z. :ation of signatory) KATHLEEN LINDLEY (print name here) / (signaturejjf Attorney-in-Faci) KAREN JEAN HALL, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) SECRETARY (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL CPFA Council By: Deputy CPFA Council Contract No. PWS07-23ENG Page 27 of 30 Pages POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***John G. Maloney, Helen Maloney, Karen Jean Hall, Mark D. latarola, Matthew C. Gaynor, Deborah D. Davis, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and mat each of mem hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by (heir respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. By:_ David H. Rhodes, Executive Vice-President MD By:_ OCT. IS I 10\°A 1936 Jol Walter A. Crowell, Secretary STATE OF CALIFORNIA -I COUNTY OF ORANGE J On December 1,2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and mat by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) GINAL GARNER | COMM.# 1569561 | NOTARY PUBUC CALIFORNIA 5 ORANGE COUNTY | My comm expins May 13,2009 | CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed to the City of Irvine, California, the 1ST day of MAY 2007 Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of onMcM6.2flon An Pi eao Date personally appeared before me,A . urrflr Name and Title of Officer (e.g., "JaneTloe, Notary Publi Name(s) of Signer(s) MARINA A. HUFFMAN Commission # 1649210 Notary Public - California San Dtego County My Comm. Expires Fob 28,2010 Place Notary Seal Above vWpersonally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(s))whose name(s)-is<§rg£ubscribed to the within instrument and acknowledged to me that •be/sherfFie^)executed the same in his/het^thejEiauthorized capacityjjles)) and that by N6/h©fl^Rejr)signatur^s| on the instrument the person^) or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: , L - , ~ MOdCf\A\$ Document Date:: HCUj . Number of Pages: Signer(s) Other Than Named Above:-J^ftt) Capacity(ies) Claimed ,b Signer's Name: O£V D Individual [^Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:D Wl/iiAseci W igner(s) RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally before me, _ appeared "D ^T?<s/ °f- ss. r Name and Title o7 Offcer (e.g., "Jane Doe, Notafy Public") Li Name(s) of Signec(s) ^i __ ) CHERYL L.JACKSON COMMJ1706683 D personally known to me ^8( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document - Title or Type of Document: L^JQ C?T A y\& /T)/3\€jT L r _ H> Document Date: U2 I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual ! J Corporate Officer — Title(s): LJ Partner — U Limited L"J General LJ Attorney in Fact Li Trustee i.J Guardian or Conservator I'J Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): L] Partner — II Limited D General !J Attorney in Fact D Trustee LJ Guardian or Conservator III Other: ; RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: X*'"^^^^ X x>-xC^x ^^ <*J 2004 NatioiiHl Notary Association • 9350 Do Soto Avt; . PO Box 2402 • Chalsworth. CA 91313-2402 Hetn No 5907 Reorder Call Toil-Free I-800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the CPFA whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "CPFA" and whose address is hereinafter called "Contractor" and : whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the CPFA, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the CPFA pursuant to the Construction Contract entered into between the CPFA and Contractor for GOLF COURSE BUILDING WINDOW COVERINGS CONTRACT NO. PWS07-23ENG in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the CPFA shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the CPFA within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the CPFA and Contractor. Securities shall be held in the name of the CPFA and shall designate the Contractor as the beneficial owner. 2. The CPFA shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the CPFA makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the CPFA pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the CPFA. These expenses and payment terms shall be determined by the CPFA, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the CPFA. Contract No. PWS07-23ENG Page 28 of 30 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from CPFA to the Escrow Agent that CPFA consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The CPFA shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the CPFA of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the CPFA. 8. Upon receipt of written notification from the CPFA certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the CPFA and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the CPFA and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the CPFA and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For CPFA: Title TREASURER Name Signature. Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the CPFA and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Contract No. PWS07-23ENG Page 29 of 30 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For CPFA:Title MAYOR Name Signature. Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature. Address Contract No. PWS07-23ENG Page 30 of 30 Pages Ei; 59:56 Div^rsi P. in OB; RXHTBTT "A" Diversified Window Coverings, Inc. 8410 Juniper Cr«ek Ln. - San Diego, CA §2128 Phone 853-536-9800 Fax 858 §36-9301 www.divwin.com DATE TO ATTO FAXf PHONE # QUOTATION/BIP 3-23-07 Welsmue!ler Design Cindy 480-391-2270 480-391-0805 QUOTATION FOR : City of Cartsbad, Golf Clubhouse - REVISED INCLUSIONS : Mechc Shades & Mini-Blinds per bid documents provided. EXCLUSIONS BASE BIO Building. BACKING BY OTHERS IF REQUIRED. ELECTRICAL BY OTHERS IF REQUIRED $52,903,00 - fh"Ti * DELIVERY : 3-4 weeks from final measure ** This bid is based on one shipment of materials & labor ** PER PLANS & SPECS INSTALLED FORJOBSiTE TAXHIOUIOEO | 2 X ;_J fx~" I X ; X [ CertffiedSeE Bondabte(1.S%) BOND PRICING iNOLUQB) ADDENDUM NOTED 1 X X a^ X x QUOTED BY OavM Lindley * 858-536-98(30 Ext. 101 e-mail: dave@divwin.com "NOTE: Dfvarslliwl Wlmtow Cowertngs, me. reserves the rigM to modify this bid If not accepted within SO days. The use of Site bid by the General ConfractofK a eondffioisiiacceplamre of this bid if the work is awarded to the General Contractor fay the owner. City of Carlsbad Golf Clubhouse The Crossing @ Carlsbad 5800 Hidden Valley RD Carlsbad, CA 92008 Window Covering Specifications MARCH 2007 FINAL 4.19,07 Manufacturer: Mechoshade Typical < Mini Blinds at Maintenance BIdg.) Installer: Diversified Window Coverings Inc Attention David Lindley 8410 Jumper Creek Lane; San Diego, CA 92126 858.536.9800 phone / 858.536.9801 fax / dave@divwin.com email Type: Size: Fabric: Fascia: As itemized by area, see attached. As itemized by area, see attached. Verify in field, typical, 1304 Black/Brown ThermoVeil Dense Basket Weave Shade Cloth, 5% approx. openness factor. Provide widths as required. Match approved sample. Submit sample for approval. Fabric direction to run consistent on project, coordinate with designer as required. Alternates must be equal and must be approved by Weissmueller Design prior to bid. < >h;J. or I );:ru !•>;•:mvc. Match dark bron/e mullions on site. Verify in field. Coordinate/verify with designer. 1 u;-;cia locpsior^ i\pi-.:al it»i;>X"> noU'd i»i ' Mounting: Lead Time: Note: Surface mounted or mount face of mullion typical, unless noted otherwise. Verify field conditions, notify designer of any discrepancies. 3 - 4 weeks from field measurements standard, verify at time of order. Installer to field verify all sizes and conditions, notify designer of any discrepancies. * '< ,' \ „,' »KO , (i k t Ci ' 1 ! 1", / j ' -it ' ', i. ,' _ ' « 1 Note:Send submittals to: Cindy Weissmueller @ Weissmueller Design 9726 East Corrine Drive; Scottsdale, AZ 85260 p: 480.391.0805 f: 480.391.2270 e: weissmuellerdesign@cox.net WEISSMUELLER DESIGN 9726 EAST CORRINE DRIVE SCOTTSDALE ARIZONA 85260 PHONE 480.391.0805 FAX 480.391.2270 Pining Rooms A102 & All! See attached plan & elevations. Manual shades. Mecho/5 :\'nf.< ;, ••.!•;;; 90" Wxi- i I Qty: 8 45" Wx •.''•' !tQty: 1 87" W x ••<."; i Qty: 1 52" Wx'!•••' II Qty: 2 41" Wx^-" It Qty: 1 80" Wx •'••"!! Qty: 1 50" Wx .;'-" >l Qty: 2 64" W x •#. i 1 Qty: I 47" W x % !: Qty: 1 46" Wx «." HQty: 1 Doors approx 36x96 surface mounted Qty: 7 (Provide metal fascia as required) RTS Battery operated shades typical at higher windows above 105". Provide fascia as required. Remote Controls located per plan. See attached. Coordinate final locations with designer. 90" Wx 46" HQty: 8 47" W x 46" H Qty: 1 45" W x 46" H Qty: 1 87" W x 46" H Qty: 1 52" W x 46" H Qty: 2 76" W x 46" H Qty: 3 41" Wx46" HQty: 1 80" W x 46" H Qty: 1 50" W x 46" H Qty: 2 64"Wx46"HQty:l 47" W x 46" H Qty: 1 46" W x 46" H Qty: 1 Rotunda .RM3A1I6 See attached plan & elevations Manual shades. Mecho/5 with fascia. 96" W x 96" H Qty: 2 120" Wx 96" HQty: 1 24" W x 96" H Qty: 2 Doors approx 36x96 surface mounted Qty: 2 (Provide fascia as required.) Note: not all doors require shades. RTS Battery operated shades typical at higher windows above 105". Provide fascia as required. Remote Controls located per plan. See attached. Coordinate final locations with designer. 46" W x 48" H Qty: 12 44" W x 48" H Qty: 16 Control Desk #AU 8 See attached plan & elevations. RTS Battery operated shades typical. Provide fascia as required. Remote located per plan,, see attached. Conceal from public view at desk. See attached. Coordinate final locations with designer. Leave remotes for install by others if desk not installed prior to shades. Coordinate with wood trim at windows. Verify in field. 42" W x 50" H Qty: 12 42" W x 16" H Qty: 12 42" W x 56" H Qty: 16 Proshop#All7 See attached plan & elevations. Manual shades. Mecho/5 (mount to face of mullion) Wood pocket/valance by others, valance installed by others w/o June 4!". 48" W x 50" H Qty: 3 Lower Level Office RM#A015 See attached plan & elevations. Manual shades. Mecho/5 with fascia 75" W x 86" H Qty: 4 56" W x 86" H Qty: 2 two on one band Doors approx 36x96 surface mounted Qty: 2 (Provide metal fascia as required.) Halfway House See attached elevations. Manual shades. Mecho/5 with fascia 64" W x 44" H, Qty: 1 72" W x 40" H, Qty: 2 Maintenance Building See attached elevations. Option # 1 Commercial Grade Mini blinds to match mullions or as selected by owner. Surface mount, submit color sample for approval. 48" W x 56" H, Qty: 7 56" W x 56" H, Qty: 2 72" W x 56" H, Qty: 2 Note: These windows arc installed and can be measured and installed now. "SK"I* \» S 3 B.5 ™ * | « . g 3? i ^i<^ 'fii STS; * ^.»ST ^ ARCH g G.C. NOTE' PER FIELD CONDITIONS, MEASUREMENTS o THE STEEL BEAMS WILL MAKE OF OUR WOOD FINISH DIMENSIONS BE a> II". THEREFORE THIS SECTION WILL NOT ALIGN W/ THE REST OF THE CROWN MOULDING IN THIS ROOMS. SMI WILL MANUFACTURE AS DETAILED, UNLESS NOTED OTHERWISE. ROOMS sA.IOI, AIO2, Alll WIND:VI *NIC* . *NI€«- STEEL BEAM *NIC* WINDGV\•NIC* WD-I -WD-I O —1/8" GAP SECTION HEADER 9 WINDOW FRONTS REP NONE GIVEN /Vchtedural Millwcrk 211(6 W, Chestnut Av«. 5anta Ana, Ca. 92705 Phcne;(7l4) 567-0112 Pax; (7M) &67-OII9 1635 FARADAY AVE. CARLSBAD,CA 92008 DATE 4.4.07 BY JR SCALE3"-r SMI JOB # 704 SHEET # SK01 ==ij ssr1| CA S5 iv^ ^1 \/ 1 O 7*S '%%%'Page 48o~" \? Or-UBHOUCOrn §!>&>REVISED 1/19/;1 REVISED 2/1M8•^1 m "^ 30 ^ m^< ,s\mr-m X 103 02 > J&, Vf v-'-s> T '' ¥\ «?> ' W S ^ 'if. \ - \K ''•^H * NTF^ !