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Home My WebLink AboutJackson & Blanc; 2006-02-09; PWS06-16FACv ./\ RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2006-0481695 JUL 07, 2006 3:46 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER":. OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 2090502600 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 8, 2006. 6. The name of the contractor for such work or improvement is Jackson & Blanc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Safety Center Chiller Replacement, Contract Number FAC 06-02. 8. The street address of said property is 2560 Orion Way. CITY OF GARL Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ^$0^ * •a. p , 20® W . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on dt**£s ^° 20^, at Carlsbad, California.~ Cl CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for the Safety Center Chiller Replacement, FAC 06-02 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Safety Center Chiller Replacement. $89,307.00 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS GLENN PRUIM, Public Works Director Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above-described improvements. */-RAYMOND R. PATCHETT, City Manager Date APPROVED AS TO FORM: MJLOL Ronald R. Ball, City Attorney"fetor CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR SAFETY CENTER CHILLER REPLACEMENT CONTRACT NO. FAC 06-02 BID NO. PWS06-16FAC Revised 10/08/03 Contract No. FAC 06-02 Page 1 of 56 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 4 Contractor's Proposal 8 Bid Security Form 12 Bidder's Bond To Accompany Proposal 13 Guide For Completing The "Designation Of Subcontractors" Form 15 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 17 Bidder's Statement Of Financial Responsibility 18 Bidder's Statement Of Technical Ability And Experience 19 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 20 Bidder's Statement Of Re Debarment 21 Bidder's Disclosure Of Discipline Record 22 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 24 Contract Public Works 25 Labor And Materials Bond 31 Faithful Performance/Warranty Bond 33 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 35 Revised 10/08/03 Contract No. FAG 06-02 Page 2 of 56 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 38 1-2 Definitions 39 1-3 Abbreviations 40 Section 2 Scope And Control Of The Work 2-3 Subcontracts 40 2-4 Contract Bonds 41 2-5 Plans And Specifications 41 2-10 Authority Of Board And Engineer 43 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 43 3-3 Extra Work , 44 3-4 Changed Conditions 44 3-5 Disputed Work 45 Section 4 Control Of Materials 4-1 Materials And Workmanship 48 4-2 Materials Transportation, Handling and Storage 49 Section 5 Utilities 5-1 Location 49 5-4 Relocation 49 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 50 6-6 Delays And Extensions Of Time 51 6-7 Time of Completion 51 6-8 Completion And Acceptance 52 6-9 Liquidated Damages 52 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 52 7-4 Workers' Compensation Insurance 52 7-5 Permits 53 7-7 Cooperation and Collateral Work 53 7-8 Project Site Maintenance 53 7-10 Public Convenience And Safety 54 7-13 Laws To Be Observed 55 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 55 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 55 9-3 Payment 55 Revised 10/08/03 Contract No. FAG 06-02 Page 3 of 56 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:00 p.m. on December 15, 2005, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Remove and replace the existing centrifugal chiller and legally dispose of the existing centrifugal chiller at the Safety Center, Project FAC 06-02 Safety Center Chiller Replacement. CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction. 2003 Edition and the 2005 Cumulative Supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (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. Revised 10/08/03 Contract No. FAC 06-02 Page 4 of 56 Pages 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 7. Acknowledgement of Addendum(a) 2. Bidder's Bond 8. Certificate of Insurance. The riders covering the 3. Non-Collusion Affidavit City, its officials, employees and volunteers may 4. Designation of Subcontractors be omitted at the time of bid submittal but shall and Amount of Subcontractor Bid be provided by the Bidder prior to award of this 5. Bidder's Statement of Financial Responsibility contract. 6. Bidder's Statement of Technical Ability and 9. Bidder' s Statement Re Debarment Experience 10. Bidder's Disclosure Of Discipline Record 11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $90.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: CLASSIFICATIONS FOR CONTRACTORS ARE: C-20 If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/03 Contract No. FAC 06-02 Page 5 of 56 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 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. A pre-bid meeting and tour of the project site will be held at the Safety and Service Center located at 2560 Orion Way, Carlsbad, CA, 92008 on December 1, 2005 at 9:00 a.m. This meeting is not mandatory. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. Revised 10/08/03 Contract No. FAC 06-02 Page 6 of 56 Pages If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. November 3. 2005 Date ^ARfeN K(lNjJ)TZ,^sistant City Clerk Publish Date: November 9, 2005 Revised 10/08/03 Contract No. FAC 06-02 Page 7 of 56 Pages CITY OF CARLSBAD CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT CONTRACTOR'S WITNESSED City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. FAC 06-02 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE "A" REPLACE CHILLER Item No. Description A-1 Chiller Replacement Approximate Quantity and Unit LS Total Lump Sum $ Dollars (Lump Sum) Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $_ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). & has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. Revised 10/08/03 Contract No. FAC 06-02 Page 8 of 56 Pages The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number /%%*?&/ , classification £'<20 which expires on ^/fey^cyais* , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is £^10 t^>*JL> (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. Revised 10/08/03 Contract No. FAC 06-02 Page 9 of 56 Pages License Detail Page 1 of3 California Home Monday, December 19, 2005 License Detail Contractor License # 188961 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 12/19/2005 * * * Business Information * * * JACKSON & BLANC 7929 ARJONS DRIVE SAN DIEGO, CA 92126 Business Phone Number: (858) 831-7900 Entity: Corporation Issue Date: 01/05/1960 Expire Date: 09/30/2006 http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 12/19/2005 License Detail Page 2 of 3 * * * License Status * * * This license is current and active. All information below should be reviewed. •* * * Classifications * * * Class C20 C-4 C43 C38 C36 C16 Description WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING BOILER, HOT WATER HEATING AND STEAM FITTING SHEET METAL REFRIGERATION PLUMBING FIRE PROTECTION CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 1269090 in the amount of $10,000 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) KIRK IRWIN JACKSON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/16/1998 BQI's Bonding History BOND OF QUALIFYING INDIVIDUAL^): This license filed Bond of Qualifying Individual number 1269099 for DENNIS FRANK PRICE in the http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 12/19/2005 License Detail Page 3 of 3 amount of $7,500 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date: 04/20/1994 * * * Workers Compensation Information * * * This license has workers compensation insurance with the INSURANCE COMPANY OF THE WEST Policy Number: WSD079464309 Effective Date: 01/01/2005 Expire Date: 01/01/2006 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request Salesperson Salesperson Request Name Request © 2005 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 12/19/2005 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 City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) 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. City and State (4) Zip Code (5) E-Mail (Street and Number) . Telephone No. Revised 10/08/03 Contract No. FAC 06-02 Page 10 of 56 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Stfjrtarfure) (Title) of CSte-/ (Street and Number) (3) Incorporated under the laws of the State (4) Place of Business City and State (5) Zip Code - _ Telephone No. (6) E-Mail Impress Corporate Seal here 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: r Subscribed and sworn to(or affirmed) before me this S day of (month). J^oos" (veart. Q^y — . ~~~ **~ Signature of Notary/^ ^Seal of Notary CONNIE T. NGO | Commission* 1406983 is -MyComm. Expires Mar25, 2007 Revised 1 0/08/03 Contract No. FAC 06-02 Page 11 of 56 Pages BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a 'Certified "Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed~the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No. FAC 06-02 Page 12 of 56 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT KNOW ALL PERSONS BY THESE PRESENTS: That we, Jackson & Blanc , as Principal, and Insurance Company of the West as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as fallows: (must be at least ten percent (10%) of .the bid amount) \U % for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT. in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 9th day of December .20 05 PRINCIPAL: Jackson & Blanc (name By: 7nr (si K/J 'signhere (print name here) Executed by SURETY this of December 9th ., 20.05_ day (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) SURETY: Insurance Company of the West (name of Surety) 11455 El Camino Real, San Diego. CA 92103 (address of Surety) (858) 350-2707 (telephoji<3 nurpber of Surety) By:V (signature of Aitorney-in-Fact) Emily Canty (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. Deputy City Attorney Mn PA<"I HR-fl?Pnno 14 nf Panoc In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 9th day of December 20 05 . PRINCIPAL: Jackson & Blanc (name By: (sign her (print name here) (print name here) 9th day (Title and Organization of Signatory) By: Executed by SURETY this of December , 20,.0.5. SURETY: Insurance Company of the West (name of Surety) 11455 El Camino Real, San Diego, CA 92103 (address of Surety) (858) 350-2707 (telephone number of Surety) By:\ (title and organization of signatory) (signature of A/torney-in-Fact)/ Emily Canty (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. Deputy uity Attorney Mn PAP.Psino 1/1 nf ^R Panoc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countv of «=5tf^_ /Uu.45 d On *3ov\ . oLs~ ^C6fe . before me Datrf personally appeared KL(f&^ <sia< z hc*~K^B Notafy Pubic • CoMomta f \\£SEJJW Son «»go County ^f Place Notary Seal Above [ss J /" — ^ c\ 1 D \C\il (ft ^J - Ift (*M*V^ f^/lty-l-IL^ftJ ft-LBI(C^ , Name and Title of Officer (e/4, "Jane Doe, Nota$ Public") "^i^A^Name(s) of Signer(s) [^-personally known to me D proved to me on the basis of satisfactory evidence to be the person($>) whose name(s^ is/a» subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/^efttteir authorized capacity(iae), and that by his/ha.r/tkeir signature^ on the instrument the person(a), or the entity upon behalf of which the person(f) acted, executed the instrument. WITNESSjny hand andoffjcjal seal. (\A/ (Ld? Si^ifeture of Notary Public Ar»T-fs<kaf « i 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 Tvpe of Document: Document Date: Signerts) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: D Individual D 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: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H RltiH 1 1 HUMRPRIN 1 ^^^H ••^^^^^^^••^^^^^^^^^^^^^•^^^^^^^^^^H OF SIGNFR ^^^1Top of thumb here © 1999 National Notary Association • 9350 DeSotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder Call Toil-Free 1-800-876-6827 Jackson & Blanc „.„„ MECHANICAL CONTRACTORS . ENGINEERS . INDUSTRIAL . COMMERCIAL . CONTROLS Corporate Resolution to Bind Company I hereby certify that at a duly called meeting of the Board of Directors held on January 10, 2006 at which a quorum was present and acting throughout, the following resolution was duly adopted and will remain in full force and effect on the date hereof and has not been modified or superseded: RESOLVED, that Kirk Jackson, President of Jackson & Blanc is authorized to bind the corporation for contracts of all types and with all entities including specifically the City of Carlsbad SAFETY CENTER CHILLER REPLACEMENT CONTRACT NO. PWS06-16FAC. IN WITNESS WHEREOF, I HAVE HEREUNTO AFFIXED BY HAND THIS 25™ DAY OF JANUARY, 2006. Secretary: l '/J^cfV'""' (SEAL) Kirk Jacksiem/Secretary 7929 ARJONS DRIVE • SAN DIEGO, CA 92126-4301 • PHONE 858.831.7900 • FAX 858.527.1502 http://www.jacksonandblanc.com • LIC. #188961 No. 0001420 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint KEVIN T. CASEY, GARY S. LEVINE, ANDREA MCCOWAN, EMILY CANTY their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. "•»*)• ^ -,''.US»W*X"-'.-, .^>^-^.\ INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. FRANCIS FAFAULCOMM. *14 NOTARY PUBLIC-- SAN DIEGO*U uo Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in fall force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in fall force. 9th dav of December 2005IN WITNESS WHEREOF, I have set my hand this day of Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County Of San Diego On December 9, 2005 before me,Isabel Resales curs MAUE. ime Of OFRCSH • E.O.. MANC DOE. NOTAHV WJBUC personally appeared personally known to me Emily Canty, Attorney-ln-Fact: for Insurance Company of the West ISABEL ROSALES COMM. #1478826 NOTARY PUBUC-CAUFORNIA SAN DIEGO COUNTYMy Commission Expires MARCH 25, 2008 OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js/are subscribed to the within instrument and ac- knowledged to me that he^jaa/they executed the same in his/her/their authorized capacity(ies), and that by his/tisi/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.I ciaJ seal. OPTIONAL Though ih« data balow is not required by law. it may prove valuaole to persons relying on trie document and could prevent fraudulent reattacnment or this form. CAPACITY CLAIMED 8Y SIGNER G INDIVIDUAL CORPORATE OFFICER mum PARTNER(S1 G LIMITED G GENERAL G ATTORNEY-IN-FACT D TRUSTEED) G GUARDIAN/CONSERVATOR G OTHER: SIGNER 16 REPRESENTING:M*ue Of MMSO*HSI OR omrv«s» DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE Of DOCUMENT SIGNER(S) OTHEB THAN NAMED ABOVE ICW GP 416 Company Profile Page 1 of 2 Company Profile INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 27847 NAIC Group #: 0922 California Company ID #: 2071-9 Date authorized in ,, . „ , n^0~ rf . May 17, 1972California: J 0+ + UNLIMITED-License Status: XT™™ K \ TNORMAL 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. AIRCRAFT AUTOMOBILE http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 12/19/2005 Company Profile Page 2 of 2 BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION 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 - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 12/19/2005 p—- 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 SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and 'Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non- responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($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 City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. FAC 06-02 Page 15 of 56 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. FAC 06-02 Page 16 of 56 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Subcontractor Name and Location of Business Amount 6f Work by Subcontractor in Dollars* Subcontractor's License No.* / iPage / of f pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. FAC 06-02 Page 17 of 56 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 10/08/03 Contract No. FAC 06-02 Page 18 of 56 Pages JACKSON & BLANC INDEPENDENT ACCOUNTANT'S REPORTS AND REVBEWED FINANCIAL STATEMENTS DECEMBER 31,2004 AND 2003 CONTENTS Page INDEPENDENT ACCOUNTANT'S REPORT 1 REVIEWED FINANCIAL STATEMENTS Balance Sheets 2 Statements of Income 3 Statements of Changes in Stockholder's Equity 4 Statements of Cash Flows 5 Notes to Financial Statements 6-12 MOSS ADAMS LLP CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT ACCOUNTANT'S REPORT Board of Directors Jackson & Blanc We have reviewed the accompanying balance sheets of Jackson & Blanc as of December 31, 2004 and 2003, and the related statements of income, changes in stockholder's equity, and cash flows for the years then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Jackson & Blanc. A review consists principally of inquiries of company personnel and^analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with auditing standards generally accepted in the United States of America, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our reviews, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. San Diego, California February 18, 2005 JACKSON & BLANC BALANCE SHEETS DECEMBER 31,2004 AND 2003 (See Accountant's Report) ASSETS Current Assets Cash Contract receivables Current maturities of note receivable Inventories Costs and estimated earnings in excess of billings on uncompleted contracts Prepaid expenses Total current assets Note Receivable Property and Equipment Franchise Investments Total assets LIABILITIES AND STOCKHOLDER'S Current Liabilities Current maturities of long-term debt Accounts payable and accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Deferred revenue Total current liabilities Long-term Debt, less current maturities Commitments and Contingencies (Note 8) Stockholder's Equity (Deficit) Common stock, no par value; authorized 20,000 shares Additional paid-in capital Retained earnings (accumulated deficit) Total stockholder's (deficit) Total liabilities and stockholder's equity 2004 $ 1,700 $ 4,378,691 5,027 171,766 252,979 2,733 4,812,896 12,074 791,322 33,168 $ 5,649,460 $ (DEFICIT) $ 62,728 $ 2,487,021 898,730 83,634 3,532,113 2,164,217 44,385 203,827 (295,082) (46,870) $ 5,649,460 $ 2003 11,323 4,231,832 4,688 204,850 301,676 21,223 4,775,592 17,075 789,630 43,168 5,625,465 57,921 1,743,503 1,476,369 61,536 3,339,329 2,401,946 44,385 203,827 (364,022) (115,810) 5,625,465 See accompanying notes. JACKSON & BLANC STATEMENTS OF INCOME YEARS ENDED DECEMBER 31,2004 AND 2003 (See Accountant's Report) 2004 2003 REVENUE COST OF REVENUES Gross profit SELLING, GENERAL, AND ADMINISTRATIVE EXPENSES Operating income OTHER INCOME (EXPENSE) Miscellaneous income Gain on sale of equipment Interest income Interest expense Total other income (expense) Income before income tax expense INCOME TAX EXPENSE Net income $ 19,150,874 $ 21,335,477 14,764,788 17,151,616 4,386,086 3,845,707 540,379 43,434 2,800 1,376 (211,348) (163,738) 376,641 1,756 $ 374,885 $ 4,183,861 3,531,648 652,213 21,915 3,464 1,397 (238,746) (211,970) 440,243 32,200 408,043 See accompanying notes. JACKSON & BLANC STATEMENTS OF CHANGES IN STOCKHOLDER'S EQUITY YEARS ENDED DECEMBER 31,2004 AND 2003 (See Accountant's Report) BALANCE, DECEMBER 31, 2002 Net income Stockholder distributions Additional paid-in capital BALANCE, DECEMBER 31, 2003 Net income Stockholder distributions BALANCE, DECEMBER 31, 2004 Common Stock Additional Number of Paid-in Shares Amount Capital 272.2 $ 44,385 $ - - . 203,827 272 44,385 203,827 ... . 272.2 $ 44,385 $ 203,827 Retained Earnings (Accumulated (Deficit) $ (623,052) 408,043 (149,013) - (364,022) 374,885 (305,945) $ (295,082) Total Stockholder's Equity (Deficit) $ (578,667) 408,043 (149,013) 203,827 (115,810) 374,885 (305,945) $ (46,870) See accompanvinz notes. JACKSON & BLANC STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31,2004 AND 2003 (See Accountant's Report) OPERATING ACTIVITIES Net income Adjustments to reconcile net income to net cash from operating activites: Depreciation and amortization (Gain) on sale of equipment Write-off of franchise Amortization of franchise Change in allowance for doubtful accounts Net (increase) decrease in operating assets Contract receivables Inventories Costs and estimated earnings in excess of billings on uncompleted contracts Prepaid expenses Net increase (decrease) in operating liabilities Accounts payable and accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Deferred revenue Net cash provided by operating activities INVESTING ACTIVITIES Proceeds from sale of equipment Collection on note receivable Purchase of property and equipment Net cash (used in) provided by investing activities FINANCING ACTIVITIES Payments on long-term debt Cash dividends paid Net cash (used in) financing activities CHANGE IN CASH CASH Beginning of year End of year 2004 $ 374,885 91,716 (2,800) - 10,000 (21,800) (125,059) 33,084 48,697 18,490 743,518 (577,639) 22,098 615,190 2,800 4,662 (93,408) (85,946) (232,922) (305,945) (538,867) (9,623) 11,323 $ 1,700 2003 $ 408,043 130,929 (3,464) 42,000 - 37,800 (1,576,916) (6,296) 722,928 74,216 445,477 629,133 (30,102) 873,748 8,500 3,633 (10,525) 1,608 (716,220) (149,013) (865,233) 10,123 1,200 $ 11,323 SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash payments for Interest Income taxes, net of (refunds) NON-CASH FINANCING AND INVESTING Note payable, stockholder, converted to additional paid-in capital $ 211,348 $ 3,930 ACTIVITIES $ $ 238,746 $ (458) $ 203,827 See accompanying notes. JACKSON & BLANC NOTES TO FINANCIAL STATEMENTS (See Accountant's Report) Note 1 -Nature of Business and Significant Accounting Policies Nature of Business - Jackson & Blanc (Company) is a licensed contractor engaged in the selling, installation, and servicing of heating and air conditioning systems in the San Diego and Los Angeles areas. Consequently, the Company's operations and ability to collect amounts due under contracts is affected by economic fluctuations in the construction industry and region. Revenue and Cost Recognition Service Contracts - Revenues from service contracts are recognized on a straight-line basis over the estimated lives of the contracts. Contract costs include direct material and labor costs and indirect costs related to contract performance. Sales commission expense on service contracts is recognized in the year the contract is signed. Billings in excess of revenues earned on service contracts are recorded as deferred revenue. Construction Contracts - Revenues from construction contracts are recognized on the percentage of completion method, measured on the basis of costs incurred to date to total estimated costs for each contract. Because of inherent uncertainties in estimating costs to complete, it is at least reasonably possible that the estimates used will change in the near term. Contract costs include all direct material, equipment and labor costs, subcontract costs, and those indirect costs related to contract performance, such as supplies, repairs, and insurance costs. General and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability, including those arising from final contract settlements, may result in revisions to costs and income and are recognized in the period in which the revisions are determined. Claims are generally included in contract revenues when settled. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenues recognized in advance of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in advance of revenues recognized. Contract Receivables - Contracts receivable consist primarily of large groups of homogeneous accounts that are collectively evaluated for impairment, accordingly, the provisions of FASB Statement No. 114, "Accounting by Creditors for Impairment of a Loan" do not apply. Allowance for doubtful accounts is based upon a review of outstanding receivables, historical collection information, and existing economic conditions. Normal contract receivables are due 30 days after the date of the invoice. Contract retentions are due 30 days after completion of the project and acceptance by the owner. Receivables past due more than 120 days are considered delinquent. Delinquent receivables are writt'en-off based on individual credit evaluation and specific circumstances of the customer. The Company requires no collateral, but follows the practice of filing statutory liens or stop notices on all construction projects when collection problems are anticipated. JACKSON & BLANC NOTES TO FINANCIAL STATEMENTS (See Accountant's Report) Note 1 - Nature of Business and Significant Accounting Policies (Continued) Inventories - Inventories of supplies and component parts are stated at the lower of cost (first-in, first-out method) or market. Property and Equipment - Property and equipment are recorded at cost. Depreciation is computed using straight-line and accelerated methods over the estimated useful lives of the assets, which are between 5 and 25 years. Leasehold improvements are amortized over 25 years due to renewable options available in its lease. Impairment of Long-lived Assets - The Company evaluates long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying value of an asset may not be recoverable. If the estimated future cash flows (undiscounted and without interest charges) from the use of an asset are less than the carrying value, a write-down would be recorded to reduce the related asset to its estimated fair value. To date, no such write-downs have occurred. Franchise Investments - The Company owns a LINC Corporation franchise in Hawaii. The investment is recorded at cost and will be amortized over 6 years, once the franchise begins operations. The Company also owns a LINC Corporation franchise in Los Angeles, California which is being amortized over 5 years. In addition, the Company has a franchise in San Diego, California which has been fully amortized. Income Taxes - Effective November 1, 1998, with the consent of its stockholder, the Company elected to have its income taxed under Section 1362 (S Corporation) of the Internal Revenue Code and Section 23801 of the California Revenue and Taxation Code which provide that, in lieu of corporate income tax, the stockholder is taxed on his proportionate share of the Company's taxable income. In addition, California has a 1.5 percent corporate income tax. Advertising - The Company expenses the cost of advertising as incurred. Use of Estimates - The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Note 2 - Concentration of Credit Risk for Cash At times, the Company maintains its cash in bank deposit accounts in excess of the federally insured deposit limits. The Company has not experienced any losses in such accounts, and management believes it is not exposed to any significant credit risk on its cash. JACKSON & BLANC NOTES TO FINANCIAL STATEMENTS (See Accountant's Report) Note 3 - Contract Receivables Contract receivables are comprised of: Trade, billed Retentions Less allowance for doubtfUl accounts 2004 2003 $ $ 3,906,311 503,380 4,409,691 31,000 4,378,691 $ $ 3,608,812 675,820 4,284,632 52,800 4,231,832 At December 31, 2004 and 2003, the Company had receivables totaling approximately $1,248,000 and $911,000 or approximately 32 and 26 percent due from two and one customers, respectively. Note 4 - Contracts in Progress The following is information regarding the Company's contracts in progress: Costs incurred on uncompleted contracts Estimated earnings Less billings to date $ 7,842,050 1,530,773 9,372,823 10,018,574 $ (645,751) $ (1,174,693) $ 10,884,594 2,044,494 12,929,088 14,103.781 Included in the accompanying balance sheets under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts 252,979 $ 301,676 898,730 1,476,369 $ (645,751) $ (1,174,693) JACKSON & BLANC NOTES TO FINANCIAL STATEMENTS (See Accountant's Report) Note 5 - Note Receivable Note receivable consists of the following: 2004 2003 Note receivable, individual, monthly payments of $503, including interest at 7 percent, due through January 2008, collaterized by vehicles and equipment ' $ 17,101 $ 21,763 Less current portion 5,027 4,688 $ 12,074 $ 17.075 Note 6 - Property and Equipment Property and equipment consist of: Office equipment $ 800,219 $ 737,233 Leasehold improvements 714,364 703,631 Automotive equipment 274,301 334,739 Tools and equipment 207,758 188,070 1,996,642 1,963,673 Less accumulated depreciation and amortization 1,205,320 1,174,043 $ 791,322 $ 789.630 Note 7 - Long-term Debt Long-term debt consists of Notes payable, former stockholders, payable in aggregate monthly installments of $16,551, including interest at 8 percent, due through November 2019, secured by the Company's assets (notes are subordinated to the line of credit and note payable, bank) $ 1,726,945 $ 1,784,867 JACKSON & BLANC NOTES TO FINANCIAL STATEMENTS (See Accountant's Report) Note 7 - Long-term Debt (Continued) 2004 2003 Line of credit, bank, requires monthly payments of interest at LDBOR, plus 3.25 percent (4.4 percent at December 31,2004), due April 2006, secured by the Company's receivables, inventories, and equipment, guaranteed by the Company's stockholder $ 500,000 $ 500,000 Note payable, bank, paid in full 1 175,000 2,226,945 2,459,867 Less current maturities 62,728 57,921 $ 2,164,217 $ 2,401,946 In connection with the line of credit agreement, the Company has agreed, among other things, to maintain certain financial ratios. The agreement also provides for certain covenants, including restrictions on new indebtedness or loans, other than trade debt or loans incurred in the normal course of business. Management represents that the Company is in compliance with all covenants at December 31,2004. Maturities of long-term debt are as follows: Years ending December 31, 2005 $ 62,728 2006 567,935 2007 73,573 2008 79,680 2009 86,293 Thereafter 1.356,736 $ 2.226,945 Interest expense on long-term debt for the years ended December 31,2004 and 2003 is as follows: Former stockholders $ 147,409 $ 171,609 Other 63,939 67,137 $ 211,348 $ 238,746 10 JACKSON & BLANC NOTES TO FINANCIAL STATEMENTS (See Accountant's Report) Note 8 - Commitments and Contingencies and Related-Party Transactions Franchise Agreements - In October 2001, the Company entered into a new franchise agreement for the San Diego and Los Angeles locations with LINC Corporation which expires in October 2007. Under the agreement, the Company pays royalty fees based on gross revenues. For the years ended December 31, 2004 and 2003, the minimum and maximum royalties per franchisee were approximately $52,000 and $48,000, respectively, and $127,000 and $124,000, respectively. Royalty fees paid under the agreements for the years ended December 31, 2004 and 2003 were approximately $178,000 and $152,000, respectively. During the year ended December 31, 2003, the Company wrote-off the Santa Barbara franchise for a loss of approximately $42,000. Leases - The Company has an agreement to lease office space from its sole stockholder. Under the agreement, monthly rent expense is $18,000. The lease expires November 2006 with four extensions of five years. In addition, the Company has an agreement to lease office space for their Los Angeles operations. Under the agreement, monthly rent expense is $2,370. The lease expires September 2006. The Company is also obligated under non-cancelable leases for equipment, which are accounted for as operating leases. Minimum rental commitments under non-cancelable leases are as follows: Years ending December 31, 2005 $ 292,347 2006 221,160 2007 30,716 2008 2,958 Total minimum lease payments $ 547,181 Total rent expense for the years ended December 31, 2004 and 2003 was approximately $315,000 and $304,000, of which $248,400 was paid to the sole stockholder each year. Income Taxes - As discussed in Note 1, effective November 1,1998, the Company converted from a C Corporation to an S Corporation. The Company is subject to built-in gains tax on asset appreciation that was not taxed at the conversion date, which may be realized within ten years after conversion. Built-in gains tax would approximate $340,000 if the Company's assets were sold. It is not management's intention to sell assets subject to the built-in gains tax; therefore, no deferred tax liability has been recorded at December 31, 2004 and 2003. Built in gains tax for the years ended December 31,2004 and 2003 was approximately $1,000 and $27,000, respectively. JACKSON & BLANC NOTES TO FINANCIAL STATEMENTS (See Accountant's Report) Note 9 - Employee Benefit Plan The Company has a 401(k) plan for those non-union employees who have been with the Company for 90 days or more and have reached 18 years of age. Employees may contribute up to 100 percent of their weekly pay to the plan. The Company makes matching contributions of 75 percent of the employee's contribution up to a total of 8 percent of compensation. The Company also may make certain voluntary contributions, as determined by the Board of Directors. During the years ended December 31, 2004 and 2003, the Company's 401(k) contributions to the plan totaled approximately $ 18,000 and $ 19,000, respectively. Union employees are covered by industry pension plans under which the Company contributes monthly to the Unions, based upon hours worked by each eligible employee. All of the Company's direct labor force are members of a Union as follows: Union Name Southern California Plumbers and Pipe Fitters Union Sheet Metal Workers Union Air Conditioning Union Contract Expiration Date June 2006 June 2006 June 2006 Note 10 - Backlog The following is a schedule of the backlog of signed contracts in existence at December 31,2004: Balance, December 31,2003 New contracts and contract adjustments Less contract revenue earned Balance, December 31,2004 In addition, between January 1, 2005 and February 18, 2005, the Company entered into additional construction contracts with revenues of approximately $1,600,000. Contract Revenues $ 6,166,116 23,050,087 29,216,203 19,150,874 $ 10,065,329 Gross Profit $ 1,728,911 6,105,714 7,834,625 4,386,086 $ 3,448,539 12 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract &?/•/ Revised 10/08/03 Contract No. FAC 06-02 Page 19 of 56 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance 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, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. FAC 06-02 Page 20 of 56 Pages ACORD. CERTIFICATE OF LIABILITY INSURANCE JACKSOI™ PRODUCER G. S. Levine Insurance Services , Inc . 10505 Sorrento Valley Rd. #200 San Diego CA 92121 Phone: 858-481-8692 Fax: 858-481-7953 INSURED Jackson C Blanc 7929 Arjons DriveSan Diego CA 92126 DATE (MM/DO/YYYY) 01/16/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER* NIC Insurance Company INSURERS: Iniuranc* Co«p«ny of the W«it INSURER C INSURER D: INSURER E: NAIC# 27847 COVERAGES MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSft LTR A B IDD1 NSRD TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE j X [ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER:n^oucv nsr- n^oc AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS OARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY 1 OCCUR | 1 CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE R/MEMBER EXCLUDED? IT yes. describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER SF06CGL000003-00 WSD079464311 POLICY EFFECTIVE DATE (MM/OD/YY1 01/01/06 01/01/06 POLICY EXPIRATION DATE IMM/DD/YY) 01/01/07 01/01/07 LIMITS EACH OCCURRENCE UAMAUt lOKtNltLJ PREMISES (Ea occurence) MED EXP (A/iy one person) PERSONAL SADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE X WC STATU- OTH-TORY LIMITS ER E.L. EACH ACCIDENT EL EL. DISEASE - EA EMPLOYEE DISEASE - POLICY LIMIT $ 1,000,000 $ 50,000 $ 5,000 $ 1,000,000 s 2,000,000 $ 2,000,000 $ $ s $ $ $ s $ $ $ $ s $ 1000000 $ 1000000 $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Safety Center Chiller Replacement, Project No. FAC06-02, Bid No. PWS06-16FAC. The City of Carlsbad, its officials, employees and volunteers are named Additional Insured per the attached ANF160 09/2003 endorsement, with primary wording. *10 day notice of cancellation applies for non-payment of premium. XP CERTIFICATE HOLDER CANCELLATION CITYC07 City of Carlsbad Purchasing Department 1635 Faraday Avenue Carlsbad CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILTTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE/ JLe^ ^n^^ACORD 25 (2001/08)©ACORD CORPORATION 1988 Named Insured: Jackson & Blanc Issuing CompanyiNIC Insurance Company Policy# SF06CGL000003-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 201011 85 SCHEDULE Name of Person or Organization: The City of Carlsbad, its officials, employees and volunteers. Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section E) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 160 (9/2003) 01/17/2006 09:23 FAX 310 51G 4810 ENTERPRISE FLEET SERV.1002/002 CERTIFICATE OF LIABILITY INSURANCE .L THIS CERTFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND. EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LJSTED DATE;(MM/F)D/YYYY) PRODUCER;or BROKER: 01/17/2006 _ Marsh USA Inc. 800 Market Street Suite 2600 St. Louis, MO 63101 Phone: (314) 512-2415 I INSURERS: A: IB: C: Discover Properly & Casualty Ins. Co. E: l i INSURED: ; Jackson ai id Blanc & Enterprise Rent-A-Car Company et al 600 Corporate Park Drive St. Louis, MO 63105 THE INSURANCE POLICIES LISTED BELOW HAVE~BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED, : NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS i CERTIFICATE OF LIABILITY INSURANCE MAY'BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGRATE LIMITS SHOWN MAY HAVE BEEN REDUCED B f PAID CLAIMS. j COVERAGES: : INSURER TYPE OF INSURANCE i LETTER POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS I I! i /**"""" A i iI i i I ii GENERAl LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCURENCE _ . \UTOMOI-1ILE LIABILITY ! ANY^UTO ' ALL OWNED AUTOS V SCHEDULED AUTOS 'V HIREL AUTOS V NON-( iWNED AUTOS v See B<- low* GARAGt LIABILITY ANY AUTO EXCESS 1 (ABILITY UMBRELLA OTHEH Than UMBRELLA Form WORKERS COMPENSATION AND EMPLOYERS' LIABILITY D187A00010 C21647 I 1/1/2006 1/1/2007 Combined Single Limit: $1,000,000 Bodily Injury per Person Bodily Injury per Ace. Property Damage: i I DESCRIPTION: I Policy provides protection far any fi. all operations/jobs performed by the named insured. Certificate I holder is included as an additional insured as their interest may appear. "Any vehicle leased From I Enterprise Fk.et Services where the contract includes auio insurance coverage, Waiver of Subrogation included where required by written contract. Insurance is Primary and Non-contributory. HOLDER:AUTHORIZED REPRESENTATIVE: City of Carlsbad Chiller Project 2560 Orion Way Carlsbad, CA 92008 4) Copyright MoonUI trrorpruss 1999-Z.W3. All Rforto HeeerviMl VENDOR ID: 42 GPBR: 32 | | CANCELLATION: '"""'" | SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION j DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS | WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LfcKT, BUT I FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND I UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. nritf CV18-1CV2&ZOC2 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 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: of Contjpcjgr) By: (print name/title) Page / o,. pages of this Re Debarment form Revised 10/08/03 Contract No. FAC 06-02 Page 21 of 56 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT 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 contractors 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? V 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 therefor. (If needed attach additional sheets to provide full disclosure.) Page ' of » pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. FAC 06-02 Page 22 of 56 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (print name/title) Page / of / pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. FAC 06-02 Page 23 of 56 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT State of California ) ) ss. County of ) , being first duly sworn, deposes (Name of Bidder) and says that he or she is (Title) Of* (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the /*/**- day of £tea£>r7&£& , 2Q*?y". Signature of Bidder' Subscribed and sworn to before me on the /^ day of /)igoo.wi £><£/--. (NOT/ « Revised 10/08/03 Contract No. FAC 06-02 Page 24 of 56 Pages From:Jackson & Blanc 858 695 9764 12/16/2005 11:23 B538 P.003/004 12-15-O5; 5:54PM;CITY OF CARLSBAD ;76O 6O2 3562 #2/3 City of Carlsbad Public Works December 2, 2005 ADDENDUM NO. 1 RE: SAFETY CENTER CHILLER REPLACEMENT BID NO. PWS06-16FAC, CONTRACT NO. FAC06-02 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (76O) 602-2730 • FAX (760) 6O2-S562 December 1, 2005 TO: Buyer FROM: Public Works Supervisor, Contracts and Agreements CONTRACT NO, FAC 06-02 SAFETY CENTER CHILLER REPLACEMENT REQUEST FOR ADDENDUM #01 Please prepare Addendum #01 to the contract covering the following issues: ITEM NO. 1 DWG 437-2 SHEET 2 OF 7 » Delete reference to E-coated coils on the Equipment Schedule. Coils shall be copper fin, copper tubing in conformance with the Technical Specification. ITEM NO. 2 ITEM NO. 3 Contractor shall disconnect the easternmost reciprocal compressor without damaging the unit and shall notify tie project manager. The contractor shall load the reciprocal compressor onto a vehicle provided by the City of Carlsbad. All water piping associated with the chiller replacement shall be welded steel construction. No mechanical connections will be allowed. The Contractor shall utilize a certified welder to make all connections and shall submit the welder's qualifications to the Project Manager. The Contractor shall notify the Project Manager 48 hours prior to performing any welding operations to allow the Project Manager to schedule welding pection. DALE A. SCHUCK Public Works Supervisor, Contracts and Agreements c: Public Works Manager File Addendum #1 FAC 06-02 Safety Center Chiller Replacement CONTRACT PUBLIC WORKS This agreement is made this * day of by and between the City of Carlsbad, California, a municipal coporation, (hereinafter called "City"), and _ JACKSON & BLANC _ whose principal place of business is _ 7929 ARJONS DRIVE SAN DIEGO CA 92126 _ (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: FAC 06-02 Safety Center Chiller Replacement. (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, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 edition and the 2005 cumulative supplement thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Revised 10/08/03 Contract No. FAC 06-02 Page 25 of 56 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 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. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Revised 10/08/03 Contract No. FAG 06-02 Page 26 of 56 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Revised 10/08/03 Contract No. FAC 06-02 Page 27 of 56 Pages d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 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. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Revised 10/08/03 Contract No. FAG 06-02 Page 28 of 56 Pages (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or 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. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 10/08/03 Contract No. FAC 06-02 Page 29 of 56 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:corporation of ('name of Contractor) (print name aiid title) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. FAG 06-02 Page 30 of 56 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '^^^^•^•>^^^^^f^<^^^^^<^<^^^^^<^G<y<^f^<^< State of California County of ^rt^v dLt^./>71 (J On LLf,^ , (£ cX<o<f>£ . before me. / Date personally appeared fc^lir-kL ^.r j rr- T 1 .^^C^^^^k. ^MIK^% v* fWfcRnBIC • •£*ff± Communion*) 679804 I • ffljS^HB Notafy Pubic - CaHtoffHo J Tui^J^^BW Arm ntarm ffMtfihr f 1 ^•BF'MpCamn.B0mMay!«.200lt Place Notary Seal Above -^CX*^X^^^X^T<>X:^^ }ss. Tctu f/i TT /rt/W^ xJo-Ai^y /u-^/<<i- , Name and Title of Officer (e.g^, "Jane Doe, Notarf Public") TfLd^SO^ Name(s) of Signer(s) 159 personally known to me D proved to me on the basis of satisfactory evidence to be the person(?) whose name(sr) is/ate subscribed to the within instrument and acknowledged to me that he/shftflhcy executed the same in his/hoc/tfiorr authorized capacity(ijee), and that by his/her/their signature^) on the instrument the person^, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESSmy hand and official seal. C^L^ji c^<^^ Signature of Notary Public r\n-rir\n * i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Sianer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name:— ),....U Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Siqner Is Representina: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H KlliHT THI IMRPRINJ 1 ^^^H ^^^••^^^^^^^^••^•^^^^^^^^^•^^^^^^H OF SIHfJFR ^^^1Top of thumb here xfexfexsGxjfXjG&tXfvxfexzex^xftxff^^^ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnotary.org Reorder: Call Toil-Free 1-800-876-6827 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: (name of Contractor) Bv: (print name and title) By; ;orporation of By: ATTEST: '(print name andoitle) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. FAC 06-02 Page 30 of 56 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^>£>^ & <L^ On / raw. J.-^ :^>oL>. before me j Date / personally appeared £ i <rfc- *=J 1 xS>a53bv MMAJ.MLMER I iL^^k. C««n*«ton# 1578804 1 *p3rliltf Notary Pubdc-CoMofnla \'&£ei/ &»> Dtogo County i ,r^ MyConmBiplPMMayld.aOOM Place Notary Seat Above -c<>e«©<>-ctf«<^^e^^x^cx5cx>^,e^^^ SS. . (fi J.-L (n v"T. fa. \n\-er A/oto^"<y ft^hdc^1 ~ Name an3*Title of Officer (e.g.~" Ja>» boe, Notary Public* ' Q PJC^GK Name(s) of Signer(s) V/[J^personally known to me D proved to me on the basis of satisfactory evidence to be the person(^ whose name(«^ is/a«e ' subscribed to the within instrument and 1 acknowledged to me that he/shofthay executed j the same in his/hor/th«ir authorized capacity(ies-), and that by his/h«steeJr 1 signature^) on the instrument the person(«), or the entity upon behalf of which the person(s^ acted, executed the instrument. WIJfcl£SS my hand andjofficial seal. ( Is ^ 11 ( J / ^i iV>-^T, ,10 A yw v^-^L^^wSignature of Nolafy Public /"»r»TI/"»M A 1 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 Tvpe of Document:Ir Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: U Individual D 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: 5£X$C,Q&C£XX?xXX$GQC41<Z<MZti£^^ Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H kJir^HT THI IMKPRIWT ^^^H. ••^^^^^••^^^^^^•{^^•^^••^•^^^^^^^H OF SIGNFR ^^^1.Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 Bond Number: 2159367 Premium: Included in the Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California has awaraed to JACKSON & BLANC (hereinafter designated as Ihe "Principal"), a Contract for FAC 06-02 Safety Center Chiller Replacement. in the City of Cansbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in :ne Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE. WE JACKSON & BLANC as Principal, (hereinafter designated as the "Contractor"), and Insurance Company of the West as Surety, are held firmly bound unto the City of Carlsbad in the sum Of EIGHTY LIGHT THOUSAND NINE HUNDRED FORTY SEVEN Dollars ($88,947.00), saic sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that Kthe 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 kinc, 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 h California Civil Code section 3181, so as to give a right of action to those oersons 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 tie work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does nereby 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. Revised 10/08/03 Contract No. FAC 06-02 Page 31 of 56 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this /"? day of SQttaarY 2001. Executed by SURETY this. of January 11th .day ., 20 06 . CONTRACTOR: Jackson & Blanc (name of By: 'J_ V-wV- // (sign here) SURETY: Insurance Company of the West (name of Surety) 11455 El Camino Real, San Diego, CA 92130 (address of Surety) (858) 350-2900 (print name here)(telephone {title and orgnization of signaory) (print name here) (signature 6TAttorney-in-Fact) V Emily Canty (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attorney) (titlqrand 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 City Attorney By: Deputy~Ci'ty~Attorney Revised 10/08/03 Contract No. FAG 06-02 Page 32 of 56 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of CONTRACTOR: Jackson & Blanc Executed by SURETY this. of January 11th .day _,2<L06_ SURETY: Insurance Company of the West (name of Surety) 11455 El Camino Real, San Diego, CA 92130 (address of Surety) (858) 350-2900 (telephone By: (signature Emily Canty rr^ey-in-Fact) (print name here) (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attorney) (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 City Attorney Deputy City Attorney Revised 10/08/03 Contract No. FAG 06-02 Page 32 of 56 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Jt ft 'County of *&3 a-y^_ J6skjto£> r\ " On/ Jfl-v^ ^JS , <9<Do£ , before me, / W „ ,personally appeared /C< /~ fcC ^ }ss J ^~^ A /\ ' fan i T fiLvar /Oo-tvov /!/i//l Name and Title of Officer (e.g/'Jane Doe, Notary^ubliff') a c fc s o A, Name(s) of Signer(s) T^personally known to me D proved to me on the basis of satisfactory evidence ^, ^arfr MUAJ. MiMER | to be the person($ wnose name(f9 is/a*e . jJLySpk Comrrtrton* 1873804 I subscribed to the within instrument and i HCTraMiB MoK«y Puttte - CoMomla | acknowledged to me that he/sho/thoy executed i^B^MyComnBSwSjXaflOpJ the same ln his/nnr^tnnir authorized Place Notary Seal Above signature^) on the instrument the person^, or the entity upon behalf of which the person(s^ acted, executed the instrument. VVJTTOESS my hand anctoffieiajseal. ( r C\( /) ~ SigridWre of Notary public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Tvpe of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 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 D Other: Signer Is Representing: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^M Plf-iH I THilluIRPRINT ^^^H ^•••••i^H^li^H^H^H^II^HI^HI^H^^^^H OF SIGNFR ^^^B Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 •www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 No. 0001420 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint KEVIN T. CASEY, GARY S. LEVINE, ANDREA MCCOWAN, EMILY CANTY their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego SS. On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. PBANOBFAFiUL I Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE J, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 1 1 th day of January ; 2006 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of San Diego I I\ Isabel ResalesOn January 11 r ?nnfi before me, ClArS NAME. TTTU OF OFFICE* • £ Q.. -JANE OOE. MOTAflV PUSClC personally appeared Emily Canty, Attorney-ln-Fact: for Insurance Company of the West personally known to me - OR - 0 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.My CbmrnissionExpires MARCH 25, 2008 WITNESS my hand and official seal. V OPTIONAL DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES OATE OJ* DOCUMENT SIGNER fS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE Thougfi m« data below is not nqutrKt by taw. it may prove valuafila to persons relying on the document and could prevent fraudulent reatucnment of this form. CAPACITY CLAIMED 8Y SIGNER D INDIVIDUAL LJ CORPORATE OPRCEfl G PARTNER(S) G LIMITED D G6N6RAL G ATTORNeY-IN-FACT D TRUSTE£{S) G GUARDIAN/eONSERVA-rOH G OTHER: ICW GP 416 Bond Number: 2159367 Premium: $978 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California has awarded to JACKSON & BLANC (hereinafter designated as the "Principal"), a Contract for: FAC 06-02 Safety Center Chiller Replacement. in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, JACKSON & BLANC as Principal, (hereinafter designated as the "Contractor"), and Insurance Company of the West as Surety, are held firmly bound unto the City of Carlsbad in the sum of EIGHTY EIGHT THOUSAND NINE HUNDRED FORTY SEVEN Dollars ($88,947.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. FAC 06-02 Page 33 of 56 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of AyJ^** UtikVQlrf. 2( CONTRACTOR: Jackson & Blanc (name of Contractor) n*S day OTExecuted by SURETY this 11 th _ January _ t 20 06 SURETY: _ Insurance Company of the West (name of Surety) 1 1455 El Camino Real, San Diego, CA 92130 (address of Surety) (858) 350-2900 (print name here)(telephone number of Surety) (Title and Organization of Signatory) By; (signature of Attorney-jp-Fact) By:Emily Canty (print name here) (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (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 City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. FAC 06-02 Page 34 of 56 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this I day of ^CU^cA^^ 2Q&J+ CONTRACTOR: Jackson & Blanc (name of Contractor) here) &,**) (print name here) Executed by SURETY this 11th day of January ,20,06 SURETY: Insurance Company of the West (name of Surety) 11455 El Camino Real, San Diego, CA 92130 (address of Surety) (858) 350-2900 (telephone number of Surety) . rga(Title and Organization of Signatory)(signature of Attorney-ifvFact) By:Emily Canty (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title arid 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 sea! empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. FAC 06-02 Page 34 of 56 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California £T ACounty of tOW, ty~*-&e»o (L l 'OnLiM-Tv ^i» ,3L/ort (t . before me. (I Da* personally appeared /^c/s£l ^J (t , ^p> MUIAJ. MLMER I Jj£:3j& Commteion* 1575504 1 i MS^**9HSu N^tafy Public - CoHfornlo j l^t^9y Son Diego County f i X*M^ My Corrm Expires May 16. 2009^ Place Notary Seal Above }SS. O T /). . . /) . > fa 11 ( fi tJ) ro- (m e/~^ A/Qrfai m fu. b ( t c.< f^ame and Title of Officer (e.g., '^ane Doe, Notary R&blic") Name(s) of Signer(s) T^^ersonally known to me D proved to me on the basis of satisfactory evidence to be the person(») whose name«) is/a*fe subscribed to the within instrument and acknowledged to me that he/aha/they executed the same in his/hejjUaear authorized capacity(ies), and that by his/hoiVtheir signature^) on the instrument the person(fr), or the entity upon behalf of which the person(^ acted, executed the instrument. WTJfclESS my hand and ofticial seal. r""~ T^) A ( ^\ ^" " Signfflure of Notary Public y-kI-»f-IX>»l « f 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 Tvpe of Document: Document Date: Siqner(s) Other Than Named Above: Capacity(ies) Claimed by Signer Siqner s Name. u individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Siqner Is Representing: Number of Pages: ^^•SlKTrcTTTar^^H Top of thumb here © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnolary.org Reorder: Call Toll-Free 1-800-876-6827 No. 0001420 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint KEVIN T. CASEY, GARY S. LEVINE, ANDREA MCCOWAN, EMILY CANTY their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY ^fjf r^-f^—f C s State of California County of San Diego Jeffrey D. Sweeney, Assistant Secretary } John L. Hannum, Executive Vice President SS. On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. FRANCIS FAFAULCOMM " NOTARY PUBLISANDIEOC U Uo Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 1 1 th day of January , 2006 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1 111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 1 1455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <l i State Of California County of San Diego On January 11 . ?nnfi before me,Isabel Resales OATT NAME. TITLE Of OFFICE* • E.O.. -JA« DOE. MOTAAY PUBLIC personally appeared Emily Canty. Attorney-ln-Fact; for Insurance Company^of the West personally known to me - OR - 0 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/tiej/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. ISABEL ROSALES COMM. #1478826NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTYMy Commission Expires MARCH 25,2008 I . [ WITNESS my hand and official seal. ' OPTIONAL Thougn in* data b«low ia not mquired by taw. it may prove valuable to persons relying on tfia document and could prevent Fraudulent reanaenm«m of this form. CAPACITY CLAIMED 8Y SIGNER G INDIVIDUAL LJ CORPORATE OFFICER D PARTNERS) G LIMITED G GENERAL G ATTORNEY-IN-FACT D TRUSTEES) G GlMRDIAN/eONSERVATOH G OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES i•: i S1GNBR TS REPRESENTING: SIGNER(S) OTHER THAN NAMED A80VE ICW CP 416 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called v \ "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for FAC 06-02 Safety Center Chiller Replacement in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. Revised 10/08/03 Contract No. FAC 06-02 Page 35 of 56 Pages 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address _ For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. FAC 06-02 Page 36 of 56 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature Address _ MAYOR For Contractor:Title Name Signature Address _ For Escrow Agent:Title Name Signature. Address Revised 10/08/03 Contract No. FAG 06-02 Page 37 of 56 Pages SUPPLEMENTAL PROVISIONS FOR SAFETY CENTER CHILLER REPLACEMENT CONTRACT NO. FAC 06-02 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION 2003 EDITION PART 1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. FAC 06-02 Page 38 of 56 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Manager, General Services - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. FAG 06-02 Page 39 of 56 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building and Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric EWA Encina Wastewater Authority G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LWD Leucadia Wastewater District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No. FAG 06-02 Page 40 of 56 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked 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 Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the 2005 cumulative supplement thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one set. The first set is designated as City of Carlsbad Drawing No. DWG 437-2 and consists of six sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 10/08/03 Contract No. FAC 06-02 Pan« 41 nf RR 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) City of Carlsbad Supplemental Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7-9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Revised 10/08/03 Contract No. FAG 06-02 Page 42 of 56 Pages Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. Revised 10/08/03 Contract No. FAC Q6-Q2 Page 43 of 56 Pages 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. Revised 10/08/03 Contract No. FAC 06-02 Page 44 of 56 Pages The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Supervisor 3. Public Works Manager 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 10/08/03 Contract No. FAC 06-02 Page 45 of 56 Paaes All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. Revised 10/08/03 Contract No. FAC 06-02 Page 46 of 56 Pages (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code; The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 10/08/03 Contract No. FAC 06-02 Paae 47 of 56 Paaes SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. FAC 06-02 Page 48 of 56 Pages Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No. FAC 06-02 Paae 49 of 56 Paaes SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 14 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes removal and legal disposal of the existing chiller, installation of the new chiller, electrical and piping modifications, start-up and testing of the new system, and training of City personnel. The following descriptions outlining the order of work are provided for the Contractor's review and information. The descriptions for Phase 1 through 4 are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Some phases or portions of phases may overlap each other and/or occur during the same time period. Add the following section: 6-2.2.1 Phase I. Phase I consists of submittal of all components and materials required to perform the work. Add the following section: 6-2.2.2 Phase II. Phase II consists of procurement and delivery of all components (to the jobsite) required to perform the work Add the following section: 6-2.2.3 Phase III. Phase III consists of shut down of the current system and demolition of the existing chiller and associated components to be removed or relocated. Revised 10/08/03 Contract No. FAG 06-02 Page 50 of 56 Pages Add the following section: 6-2.2.4 Phase IV. Phase IV consists of installing the new chiller, other components, relocation of components designated as such, inspection of the work, start-up and testing. *Note to bidders: The time allowed between shut down of the existing system and start-up is Five (5) working days. The Contractor agrees that a performance penalty of One Thousand dollars ($1,000.00) per day will be assessed for every day the system is not in complete and satisfactory operation. The Contractor agrees to begin the system shut down only after all components are on site and ready to be installed. The Contractor agrees that the system shut down shall begin on a Monday and shall be completed by Friday of the same work week. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under section 7-6, 'The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within_90 working days after the starting date specified in the Notice to Proceed. *Note to bidders: This 90 working day period includes submittal submission, submittal review, equipment purchase and delivery and construction and testing. This 90 working day period is separate from the site construction phase indicated in Section 6-2.2.4. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Revised 10/08/03 Contract No. FAG 06-02 Page 51 of 56 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Three Hundred Dollars ($300.00) per day. Liquidated Damages are separate from Performance Penalties indicated in Section 6-2.2.4. Execution of the Contract shall constitute agreement by the Agency and Contractor that Three Hundred Dollars ($300.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. Revised 10/08/03 Contract No. FAG 06-02 Page 52 of 56 Pages 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. Revised 10/08/03 Contract No. FAC 06-02 Paae 53 of 56 Paaes 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City'3 contracted waste disposal company, Coast Waste Management at 929-9417. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760)931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations (760)602-2752 6) North County Transit District.... (760)967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. Revised 10/08/03 Contract No. FAG 06-02 Page 54 of 56 Pages 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following: A field office for Agency Personnel is not required. SECTION 9 - MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. Revised 10/08/03 Contract No. FAC 06-02 Paae 55 of 56 Paaes The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/03 Contract No. FAG 06-02 Page 56 of 56 Pages TECHNICAL SPECIFICATIONS FOR SAFETY CENTER CHILLER REPLACEMENT CONTRACT NO. FAC 06-02 SECTION 15683 LIQUID CHILLERS (AIR COOLED) PART 1 - GENERAL 1.01 SECTION INCLUDES A. Extent of scroll or screw chiller work required by this section is indicated on drawings and schedules, and by requirements of this section. B. Types of scroll or screw chillers specified in this section include the following: 1. Outdoor air-cooled. C. Refer to drawings and schedules for concrete pads, piping, piping specialties, pumps, and valves, which are required external to scroll or screw chillers for installation; not work of this section. D. Refer to drawings and schedules for field-installed automatic temperature controls required in conjunction with scroll or screw chillers for installation; not work of this section. E. Electrical Wiring: Refer to drawings. 1.03 SUBMITTALS A. Product Data: Submit manufacturer's technical product data, including rated capacities for chillers indicated, weights (shipping, installed, and operating), furnished specialties and accessories; and rigging, installation, and start-up instructions. B. Shop Drawings: Submit manufacturer's assembly-type shop drawings indicating dimensions, weight loadings, required clearances, methods of assembly of components, and location and size of each field-connection. C. Wiring Diagrams: Submit manufacturer's electrical requirements for power supply wiring to units. Submit manufacturer's ladder-type wiring diagrams for interlock and control wiring. Clearly differentiate between portions of wiring that are factory-installed and portions to be field-installed. D. Maintenance Data: Submit maintenance data and parts list for each scroll or screw chiller, control, and accessory; including "trouble-shooting" maintenance guide. Include this data and product data in maintenance manual; in accordance with requirements of Division 1. 1.04 QUALITY ASSURANCE A. Installer's Qualifications; Firm with at least 5 years of successful installation experience with projects utilizing scroll or screw chillers similar to those required 15683-1 for this project. B. ARI Compliance: Test and rate scroll or screw chillers in accordance with ARI Std 590, "Standard for Water-Chilling Packages." C. ASHRAE Compliance: Construct and install scroll or screw chillers in accordance with ASHRAE Std 15, "Safety Code for Mechanical Refrigeration". Provide Energy Efficiency Ratio (EER) for scroll or screw chillers not less than prescribed by ASHRAE Std 90A, "Energy Conservation in New Building Design". D. CCR Compliance: Provide Energy Efficiency Ratio (EER) for scroll or screw chillers not less than prescribed by The Building Energy Efficiency Standards, Title 24 California Code of Regulations. E. NEC Compliance: Comply with applicable NEC requirements pertaining to electrical power and control wiring for construction and installation of scroll or screw chillers. F. ANSI Compliance: Comply with ANSI B9.1 safety code requirements pertaining to unit construction of scroll or screw chillers. G. ASME Compliance: Construct and test scroll or screw air-cooled liquid chiller in accordance with ASME Boiler and Pressure Vessel Code, Section 8. 1.05 SPECIAL WARRANTY A. Warranty on Compressor: Provide written warranty, agreeing to replace/repair, including all parts and labor within warranty period, compressors with inadequate and defective materials and workmanship, including leakage, breakage, improper assembly, or failure to perform as required provided manufacturer's instructions for handling, installing, protecting, and maintaining units have been adhered to during warranty period. 1. Warranty period shall be for a period of one year from filing of the Notice of Completion. 2. Extended warranty period. Provide written warranty signed by manufacturer, agreeing to replace components parts only, for an additional four (4) years for all hermetically or semi hermetically sealed compressors. 1.06 DELIVERY, STORAGE, AND HANDLING A. Handle scroll or screw chillers and components properly to prevent damage, breaking, denting and scoring. Do not install damaged scroll or screw chillers or components; replace with new. Comply with manufacturer's rigging and installation instructions for unloading scroll or screw chillers, and transporting them to final location. B. Store scroll or screw chiller and components in clean dry space. Protect from weather, dirt, fumes, water, construction debris, and physical damage. Storage 15683-2 temperatures for unit controls are not to exceed 185 deg. F (85 deg. C). PART 2 - PRODUCTS 2.01 OUTDOOR AIR-COOLED SCROLL OR SCREW CHILLERS: A. General: Provide factory-assembled and tested outdoor air-cooled scroll or screw liquid chillers as indicated, consisting of compressors, evaporator, condensers, thermal expansion valves, and control panels. Provide capacity and electrical characteristics as scheduled. B. Refrigerant: Provide full operating charge of refrigerant and oil. C. Housing: Provide manufacturer's standard equipment housing construction, corrosion protection coating, and exterior finish. Provide removable panels and/or access doors for inspection and access to internal parts and components. D. Cooler: Provide shell-and-tube design with seamless copper tubes roller expanded into tube sheets. Design, test, and stamp in accordance with ASME Boiler and Pressure Vessel Code, Section 8: Scroll: refrigerant side working pressure of 445 PSIG minimum, and water side working pressure of 300 PSIG minimum Screw: refrigerant side working pressure of 300 PSIG minimum, and water side working pressure of 215 PSIG minimum In accordance with ASME Pressure Vessel Code, provide one water pass with series of internal baffles. Insulate with 3/4" minimum flexible unicellular insulation with maximum K-value of 0.28. Provide water drain connection and bulb wells for temperature controller and low-temperature cutout. 1. Multiple-Compressor Units: Provide independent multiple refrigerant circuits with gasketed evaporated heads. E. Condenser: Construct coils with configurated copper fins mechanically bonded to seamless copper tubing. Provide integral subcooling circuit with liquid accumulators. Leak test coils with air under water at 425 PSIG air pressure. Provide protective grilles over exposed coil faces. 1. Multiple-Compressor Units: Provide multiple circuited condenser coils. 2. Condenser Fans: Provide propeller fans, direct or belt driven, draw-through design, statically and dynamically balanced. Provide permanently lubricated ball-bearing motors with overload protection. Provide protective grille over air discharge. 15683-3 F. Compressors: Provide direct drive scroll or screw compressors with crankcase heater; either semi-hermetic or hermetic, but with minimum steps of capacity control as scheduled, provided by cylinder unloading or compressor staging, or combination of both. Mount compressors on vibration isolators within chiller housing. G. Capacity Modulation: Provide step-control by means of cylinder unloading and/or compressor staging, from return water temperature. H. Refrigerant Circuit: Provide for each refrigerant circuit the following: 1. Liquid line solenoid valve; 2. Filter dryer; 3. Liquid line sight glass; 4. Thermal expansion valve; 5. Insulated suction line; 6. Suction and discharge valves. I. Unit Controls: Unit controls, including microprocessor, shall be factory mounted and wired in a weatherproof enclosure with hinged access doors for easy access. Units shall have automatic lead-lag. All units shall have pump down at beginning and end of every circuit cooling cycle, loss-of-charge protection, inherent low water flow protection, low chilled water temperature safety, low-and high suction superheat protection for each circuit. Units shall have oil pressure protection for each circuit, individual solid-state compressor protection board and ground current protection for each compressor. All units shall have low control voltage to unit, field power and control circuit terminal blocks, compressor and fan motor circuit breakers, control circuit breaker, ON/OFF switch, replaceable relay board, leaving chilled water set point board, and a diagnostic digital display module, a microprocessor board, a temperature reset board. J. Accessories and Installed Options: Provide the following accessories and installed options: Standard sound. Vaporproof chilled water flow switch. Suction and discharge gages. Oil pressure gages except for hermetic compressors. Minimum load control. Single point connection. Refrigerant: R410A Minimum Efficiencies: Full load: 10 EER IPLV: 13 EER K. Manufacturers: Subject to compliance with requirements, provide outdoor air- cooled scroll or screw chillers of one of the following: Carrier Corporation 15683-4 Model 30RB100 For additional information and details, refer to the equipment schedule on the drawings. PART 3 - EXECUTION 3.01 INSPECTION A. Installer must examine areas and conditions under which scroll or screw chillers are to be installed and notify Contractor in writing of conditions detrimental to proper completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to Installer. 3.02 INSTALLATION OF SCROLL OR SCREW CHILLERS A. General: Install scroll or screw chillers in accordance with manufacturer's written instructions. Install units plumb and level, firmly anchored in locations indicated; maintain manufacturer's recommended clearances. B. Support: Install floor-mounted units on reinforced concrete pad. Furnish anchor bolts which are to be inserted in concrete pad to Concrete Installer. 1. Coordinate construction of mechanical equipment standards indicated, and in accordance with NRCA Handbook of Accepted Roofing Knowledge, Detail "N". C. Chilled Water Piping: Connect inlet to evaporator with controller bulb well, shutoff valve, thermometer, strainer, flow switch, flexible pipe connector, pressure gage, and union or flange. Connect outlet to evaporator with shutoff valve, balancing cock, thermometer, flexible pipe connection, pressure gage, and union or flange. D. Electrical Wiring: Install electrical devices furnished by manufacturer but not specified to be factory-mounted. Furnish copy of manufacturer's wiring diagram submittal to Electrical Installer. 1. Verify that electrical wiring installation is in accordance with manufacturer's submittal and installation requirements of Division-16 sections. Do not proceed with equipment start-up until wiring installation is acceptable to manufacturer and equipment installer. E. Control: Furnish field-installed automatic temperature control requirements to Control Installer. Field-installed automatic temperature controls are not work of this section. F. Start-up scroll or screw chillers, in accordance with manufacturer's start-up instructions, and in presence of manufacturer's technical representative. Test controls and demonstrate compliance with requirements. Replace damaged, or 15683-5 malfunctioning, controls and equipment and retest. 1. Do not place chillers in sustained operation prior to initial balancing of mechanical systems which interface with the scroll or screw chillers. 3.03 TRAINING OF OWNER'S PERSONNEL A. Provide services of manufacturer's technical representative to instruct Owner's personnel in operation and maintenance of scroll or screw chillers. 1. Schedule training with Owner, provide at least 7-day notice to Contractor and Engineering of training date. END OF SECTION 15683-6