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HomeMy WebLinkAboutKinney Air Conditioning; 1985-06-18; 3006-3B/DGROUP OF LMSURANCE COMPANIES, .LE Vlr3LUl .~ CERTIFICATE-' GF INSURAWCE (This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage, limits, terms or conditions of the policies it certificates.) COMPANY CODES M CIGNA INSURANCE CI 1 City of Carlsbad Carlsbad, CA 92008-1989 1200 Elm Avenue INAOFTEXAS R PACIFIC EMPLOYER: INSURANCE COMPAf O.F-NORTH AMER-ICF ' ._. , . -,. . ,. . . .. ;: . 1 . that the following described policy or policies, issued by The Company .as coded bel&- . . - . , . .. . . .. . . L _J providing insurance only for hazards checked by "X" belcw, have been issued to: c. 'F,',. . , I. -@lNA INS :. co.0FILLI ADDRESS thereof as now or hereinafter constikitsd, Ailgntic Richfield .. tia antic Richfieid Corn~my, tis ~wbsidiaries an&&ibiaries I- -m'INA I-NS.CO.'Of OHIl (OTHER; -SPECIFY) .. .. . ,. . . OF .. .I . - '. . . ., ... , .. .. :. . Including Kinney Air Conditiwirig,': - I .. INSURED N7 PIaza, 515 SO. FIower.Stieet. Lbs AngeJes, CA $OW!. covering in accordance with the terms thereof, at the following location(s): Each Persi Premises-Operations (including "ln- cidental Contracts" as defined below) Contractual, (Specific type as Aggregate described in footnote below) Premises-Operations (Including Aggregate Each Persi Owned Automobiles Hired Automobiles NAME OF OTHER PARTY LC-1389e Ptd. in U S.A 1 aR?IGINA;" c z +. 7 .. "It is hereby understood and agreed that the policy to which this Certificate refers may not be cancelled, materially changed, nor the mmt of coverage thereof reduced until thirty (30) days after receipt of written notice of such cancellatian or redudian in coverage by the City Clerk of the City of Carlsbad. 'Coverage under this policy shall be primary and nan-cmtributing with any other insurance available to the City of Carlsbad." L / d .\ 1 c -* ..\ st KINNEY AIR CONDITIONING Bidder ' s Name CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA BIDDING DOCUPENTS FOR PUBLIC SAFETY AND SERVICE CENTER CONTRACT NO. 3006 BID PACKAGE NO. 3 For information relative to this project contact: KOLL CONSTRUCTION COMPANY 7330 Engineer Road San Diego, CA 92111 Steve Mahoney, Project Manager (619) 292-5550 J. t TEL 1200 ELM AVENUE I i\ CARLSBAD, CA 92008-1989 (619 ?-- 2 9 REC'C ' <: ditp of Carlsbab PURCHASING DEPARTMENT April 24, 1985 ADDENDUMNO. 1 Pw3JEcT: PUBLIC SAFETY AND smcE CENTER BIDPACKAGENO. 3 This addendum, receipt acknowledged, must be attached to propsal form when bid is submitted. - &*E& I acknowledge receipt of Addendun No. 1 to Bid Package No. 3. ,CJJRw Bidder's Signature 5j24%?? KINNEY AIR CONDITIONING RONALD R. LOVELL COMMERCIAL DIVISION MANAGER 5 t 1 "* I TABLE OF CONTEYTS Paqe Item NOTICE INVITING BIDS 1- L PROPOSAL 5- ! BIDDER'S BOND TO ACCOMPANY PROPOSAL 10 DESIGNATION OF SUBCONTRACTORS 11 BIDDER' S STATEMENT OF FINANCIAL RESPONSIBILITY 12 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 13 __ - CONTRACT 14 - 1' LABOR AND MATERIALS BOND 18 - 1' PERFORMANCE WND 20 - 2 GENERAL PROVISIONS 22 - 2 CERTIFICATE OF COMPLIANCE 29 SPECIAL PROVISIONS/SPECIFICATIONS 30 - 3 LIST OF CONTRACT DOCUENTS 37 -. % 5 hi 4 ). Page 1 CITY OF CARLSBAD PUNIC SAFETY AND SERVICE CENTER NOTICE INVITING BIDS The City of Carlsbad invites bids for performing the following work: Rid Package #3 - Elevators, Plumbing, Fire Sprinklers, H.V.A.C., Electrical, Service Station Equipment, Vehicle Wash, and Finish Hardware. 1. Sealed bids for performing the work shall be received at the office of thc Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:OO PM on the 2nd day of Yay, 1985 at which time they will be opened and read aloud. 2. The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file the Engineering Department. Seference is hereby made to said specifications for full particulars and description of the work. 3. The work, a portion of the total Public Safety and Service Center Project involves complete sitework development of twenty-six (26) acres including grading, underground utilities, and surface improvements, etc. A fully improved Police and Fire Administration Building, Vehicle Maintenance Facility, car wash and fuel island shall also be constructed as a part of the Phase One construction program. 4. Koll Construction Company will provide construction management services t the City of Carlsbad and shall organize, monitor, coordinate and direct a phases of the construction at the Public Safety and Service Center. 5. Plans, specifications and bidding documents may be obtained at the Purchasinq Department, City Hall, Carlsbad, California, after April 8, 19 to licensed Contractors for a non-refundable fee as follows. Please call ahead to reserve your documents, (619) 438-5601. Bid Package El0 cost Complete Set, Specifications Included $50.00 Architectural (AC-1 thru A-60A) 20.00 Equipment (€2-1 and EQ-2) 1 .oo Structural (S-I thru S-16) 10 .oo Mechanical (M-I thru M-9) 5 .OO Plumbing (P-I thru P-8) 5 .OO Electrical (E-I thru E-20) 10 .oo Complete documents are available for review at the following loactions : Construct ion Plan Rooms Koll Construction Company, 7330 Engineer Road, San Diego, CA 92111 )I 1 c I *\ Page 2 A pre-bid conference will be held at April 23, 1985 at 2:OO PM to discuss bidding requirements. If information is required regarding the bid package, drawings and/or specifications, the bidder SHALL NOT contact the City of Carlsbad nor the architect. Koll Construction Company, (619) 292-5550, Steve Mahoney. 6. 7. All questions and requests for information shall be directed 8. No bid will be received unless it is made on the proposal form included with these bidding documents. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the amount of bid; said guarantee to be forfeited should the bidder to whom the contract is award fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid documents, The bidders' security of the second and third lowest responsive bidders may b withheld until the contract has been fully executed. The cash, cashier's check or certified checks submitted by all other unsuccessful bidders sha be returned to them within ten (IO) days after the receipt of bids, and their bidders' bond shall be of no further effect. 9. The documents included within the sealed bids which require completion an execution are the following: 1. Proposal 2. Bidder's aond 3. Desiqnation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Oidder's Statement of Technical Ability and Experience The entire bid package shall be executed and submitted prior to the time for the bid opening. Said document shall be affixed with the appropriate notarized signatures and titles of the persons signing on behalf of the bidder. For corporations , appropriately notarized signatures of the person authorized by the corporate by-laws are required and the corporate seal shall be affixed to all documents requiring signatures. In the case of a partnership, the properly notarized signature of at least one general partner is required. No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3 of the Business i Professions Code. The Contractor shall state his/her license number and classification in the proposal. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. IO. 1 +L *I s- r Page 3 11. Sids shall not modify or contain any recapitulation of the work to be donc Alternate proposals will not be considered unless called for. No oral or telegraphic changes to the bidding documents will be considered. 12. The amount of bond to be given for the faithful performance of the contrac for said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in the amount equal to fifty percent (5Ul of the contract price for said work shall be given to secure the payment ( the claims for any material or supplies furnished for the performance of the work contracted to be done by the Contractor for any work or labor of any kind done thereon. within the bid package. Sureties shall be licensed and registered in the State of California and subject to approval by the City. Bonds shall be prepared on the forms included 13. Partial and final payments on this contract shall generally be in accordance with Section 9 of the 1979 edition of "Standard Specifications For Public Works Construction", as herein modified. The Construction Manager will, after award of contract, establish a closur date for the purpose of making monthly progress payment. Each month, the Construction Manager will make an approximate measurement of the work performed to the closure date and as a basis for making month1 payments, estimate its value based on the contract breakdown furnished by the Contractor and approved by the Construction Manager. From each progress estimate, ten percent (10%) will be deducted and retained by the agency, and the remainder less the amount of all previous payments will be paid to the Contractor. After fifty percent (50%) of the work has been completed and if progress on and quality of the work is satisfactory as determined by the Construction Manager, the deduction to bl made from the remaining progress payments and from the find payment will be limited to $500 or ten percent (10%) of the first half of the total contract amount, whichever is greater. Final payment for value of work completed under this contract, unless blotice of ieins or unpaid bills are on file with the City, shall be made thirty-five (35) calendar days after acceptance of the completed work. City Council approval and filing of a Notice of Canpletion shall constitut said acceptance. Application for payments and dispersement of funds will be made through the Construct ion Manager. The Contractor may, at his/her option, substitute securities, as specified by Government Code Section 16340, for the retention held on this contract. At the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a state or federal11 chartered bank as the escrow agent who shall pay such monies to the Contractor upon satisfactory completion of the contract. shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest on the monies. The Contractor x e’ 2% Paae 4 14. The bid documents are intended to be comnlementary so that any work calle for in one and not mentioned in-the other, or vice versa, is to be execut the same as if mentioned in all said documents. The intention of the documents is to include all labor, materials, equipment, transportation a services neeessary for the proper execution of the work. 15. If any person contemplating submittinq a bid for the proposed contract is in doubt as to the true meaninq of any part of the plans, soecifications other proposed contract documents, or finds discrepancies in, or omission from the drawings or soecification, a request may be submitted to the person named on the title page of the contract documents for the interpretation or correction thereof. Any interpretation or correction o the proposed documents will be made by addendum duly issued by the City, and a copy of such addendum will be mailed or delivered to each person receivinq a set of such documents. The City will not be responsible for any other explanation or interpretation of the proposed documents. 16. Any addenda issued by the City durinq time of bidding, or forming a part the documents delivered to the Bidder, shall he covered in the bid and shall be made a part of the Contract. Ridders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgement of addenda may be cause for rejection of bid. 17. \lo person, firm or corporation shall be allowed to make or file or be interested in more than one (1) bid for the same work, unless alternate bids are called for. A person, firm or corporation submittinq a subproposal to a bidder, or who has quoted prices on materials to a Ridde is not thereby disqualified from submitting a subproposal or quoting oric to other bidders. 18. Bidders are required to inform themselves fully of the conditions relatir to construction and Labor under which the work will be or is now being performed, and so far as possible, the Contractor must employ such methoc and means in carryinq out the soecified work as will not cause any interruptions or interference with any other Contractor. 19. The Contractor shall comply with the provisions of California Labor Code Part 7, Chapter 1, commencing with Section 1720. 20. The Contractor shall not pay less than the specified prevailing rates of wages established oursuant to Section 1773.2 of the California Labor Code A copy of the current applicable waqe rates is on file in the Office of 1 Carlsbad City Clerk. Approved by the City Council of the City of Carlsbad, California, by Resolutic No. ‘7363 , adopted on the ANA day of OpgL , 19&T - 9 .F.5 (/jp.;fy;lb / 2. Q&&- LL.2. -- ALETHA L. RAIJTENKRAN7, City Clerkd Date 1 2, * Pa9e 5 CITY OF CAQLSSA9 PIJRLTC SAFETY ,AN0 SERVTCF ENTFR CONTRACT NO. 3006 PRnyO s AL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares helshe has carefully examined the location of the wor read the Notice Inviting Rids, examined the plans and specifications, and here proposes to furnish all labor, materials, equipment, transportation and servic required to do all the work to comolete Contract No. 3006 in accordance with the Plans and Specifications of the City of Carlsbad, and the special provisions, to wit: The followina proposal form includes work associated with the sitework bid packaqe /I3 - items JBI through 383 g 3D1 g 31-1 1. Proposals for the work shall include separate prices for each item of woi bid: ?id f3A, or Rid H35, etc. A proposal for work may include a biddei combination for any or all items of work, but must-also include bids for each separate item. Award on a combination bid will orlly be made if it . the lowest of any possible combination of bids and is lower than the tot, bids of the Lowest responsible bidders on the oarticular items of work making UP that combination bid. The City reserves the riqht to (a) awarc separate contracts for each bid item, or each combination of bids, or (b make no award at all. Note: If not bidding nn an item of work, the bidder shall state "no bid' 2. Proposals for the work in each bid package shall be complete per the plai specifications and contract documents. Items listed in the special provisions are for clarifcation only and shall not be considered as a complete list of all the required work. - 3. Quantities of materials and earthwork used on the plans are for permit purposes only. All bidding contractors are required to complete their o quantity take offs, and submit lump sum bids for all work unless soecifi unit prices are requested within the special provisions. 4. Addendud a) No(s). 1 haslhave been received and islare included in this proposal. x e' Page 6 Bid Item # ELEVATORS 3A- 1 Complete elevator work for the lump sum amount of NO BID- - -- -- --- ---A- ~ - ~--- . s-e - (Based on two (2) holelesshydraulic elevators .) Complete elevator work for the lump sum amount of --I NO BID (Based on two (2) traditional hydraulic elevators .) Additive cost to bid item 3A-2 for excavating holes through rock for the lump sum amount of 3A-2 . 3A-3 NO BID --- $ .- -_--A -- PLUMBING Complete plu&ing work for the lump sum amount of --- TWO HUNDRED 38-1 TWENTY THOUSAND, FIVE HUNDRED DOLLARS ---- -----__I $ 220,500.00 -- 38-2 Deductive cost from bid item 38-1 for utilizing plastic pipe in lieu cast iron as specified for the lump sum amount of -- TWENTY-FOUR - -- THOUIFIVE HUNDRED DOLLARS - -- s 24,500.00 - A FIRE SPRINKLERS 3C- I Complete fire sprinkler work for the lump siim amount of NO BID - - $ H.V.A.C. 3D- I Complete H.V.A.C. work for the lump sum amount of -- FIVE H~ED I_ THIRTY-NINE THOUSAND, SEVEN HUNDRED FOUR DOLLARS - - $ 539,704.00 -- ELECTRICAL Complete electrical work for the lump sum amount of - NO BID 3E- 1 -- $ 9 -r <+ f=-, fiy <&/J L Nfi< f#7-J '< 3- * ', * I Page 3E-2 Deductive cost from bid item 3E-1 for concrete pole bases for the lun sum amount of NO BID - -- .s -- SERVICE STATION EQUIPMENT 3F- 1 Complete service station equipment work for the lump sum amount of NO BID - $ 3F-2 Additive cost to bid item 3F-1 to relocate existing owner equipment t new facility for the lump sum amount of . NO BID .' VEHICLE WASH 3G-1 Complete vehicle wash work for the lump sum amount of - y_ NO-BID _I - L. - FINISH HARDWARE 3H- 1 Complete finish hardwre F.O.R. jobsite for the lump sum amount of NO BID _Iy- - $ -~ CQMRINATION BID 31- 1 Combination Rid No's. -- 36-1 83~-i For the lump sum amount of _SEVEN HUNDRED SIXTY-THOUSAND, TWO HUNDRED 5 FOUR DOLLARS $ 760,204.00 Note: Bidders must also bid these individual bid item number separately . ‘t 1, c Page I 5. 411 bids are to be computed on a lump sum basis with separated unit pricc when requested, as indicated in this proposal. In case of a discrepancy between words and figures, the words shall prevail. 6. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. 7. 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 City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall becon the property of the City of Carlsbad. 8. Contractors shall be licensed in accordance with the Statutes of the Sta1 of California providing for the registration of Contractors. 9. The undersigned bidder hereby represents as follows: a. That no Council Member, officer, agent or employee of the City 01 Carlsbad is personally interested, directly or indirectly, in th. contract, or the comoensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced himlher to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof hy its terms; and That this bid is made without connection with any person, firm 01 corporation making a bid for the same work, and is in all respect fair and without collusion or fraud. b. IO. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to he insured against liability for workers’ compensation or to undertake self-insurance in accordance with 1 provisions of that code, and aqrees to comply with such provisions beforf commencing the performance of the work of this contract. 11. The undersigned is aware of the provisions of the State of California Lat Code, Part 7, Chapter 1, Article 2 relative to the general prevailing ral of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. z ’, c STATE OF CALIFOR IA COUNTY OF J+ }= On this i day of before me, the ,undersigned, a Not Y-.. &-> .- , in the yel in and for said State, personall! - / , personally kr NOTARY PUBLIC - (wpfeved to me on the basis of-sattsfaetofy evidweej to be the person who e> within instrument on behalf of the Corporation therein named, and acknowledged the Corporation executed it. WITNESS my hand and official 72 al. //? - ‘‘N Dl%a mI!Nq *F 4, -4 PAA/7c- Notary Public in and for said State. ACKNOWLEDGMENT-Corporalton-Wolcons Form 222CA-X-Rev 5-82 01982 WOLCOTTS. INC (WC8ClaSS 8-21 I I\ c page 9 (Cash,CertiFied Chkck, Bond or Cashiem Accompanying this proposal is 6 ID- BOND in an amount of not less than ten percent (10%) of the total bid price. -- 4 I9758 I_ 95-21 20250 KINNEY AIR CONDITIONING Bidder's Name State License No. Employer 1.J). NO - 2333 W. VINEYARD AVENUE THOMAS M. REID Bidder's Address Name' ESCONDIDO, CA 92025 _- Authorized Signature -- c7pr (619) 746-5700 - 5/2/85 . - Phone No. Date CORPORATION - Type of Organization (Individual, Corporation, Partnership) Author i zed S iqn atu r e List below names of President; Secretary; Treasurer; and Manager, if a corporation, and names of all partners, if a partnership: -- THOMAS M. REID - VICE-PRESIDENT, GENE-FR ._ (NOTORIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MlJST RE ATTACHED) (CORPORATE SEAL) 3 9 befoi State of CALIFORNIA On MAY 1, 1985 bUkY of SAN DIEGO \ss. ERNEST A. TORGESON the undersigned Notary P\lbIic, personally appeared DEBRA J. NIEMEYER @ personal ly known io me NOTADV PuBtiC, CAUFORNIA PRiNClFAl OFFICE IN SAN OIW COUNV n- the corporatlon executed it. to be the person(s) who executed the withln fnrtrument as OT on the behalf of the corporation }ss. STATE OF CALIFORNIA / COUNTY OF .t-hg,h /.r x c .L &-) ,, On this L day of 73 I in the year aid State, personally i , personally kno\ &w-prwed4umwn thews of sabsfactoqc evidence) to be the person who exec within instrument on behalf of the Corporation therein named, and acknowledged t( the Corporation executed it. WiTNESS my hand and official sep /? J 2*77/74Y 7?? - / / f- a ,Z 4 L+LPL,iL Notary Public in and for sard State. ACKNOWLEDGMENT-Corporation-Wolwtis Form 222CA-X-Rev 5-82 01982 WOLCOTTS. INC (PfICeC~s 8-2) - BID BOND NO- L-80884179 ‘\ 4 Page BIDDER’S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, -KINNEY AIR CONDITIONING, - , as Principal, < unto the City of Carlsbad, California, in the sum of - TEN PERCENT OF THE AMOUNT BID-------------------------- - Dollars ($-io% OF BID----), lawful money the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly be these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That Lf the proposal of the above-bounden principal for: FEDERAL INSURANCE COMPANY c\ as Surety, are held and firmly bou c PUBLIC SAE’ETY AND SERVICE CENTER PLUMBING - BID ITEM 3B H.V.A.C. - BID ITEM 3D in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from date of award of contract by the City Council of the City of Carlsbad, beinq 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 any Principal above named executed this bond as an individual, i is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 1ST day o MAY , 19- 85 . FEDERAL INSURANCE COMPANY Surety .. a / BY $?.Jt($& \X\[ ,Yb‘\L< i\ 7 By THOMAS M. REID J Title DEBRA J. NIEMEYER Title VICF-PRFSIDFNT. RFNFRAI WF” (Attach acknowledgement of Attorney in Fact) (Not aria1 acknowledqement of execution by all PRINCIPALS and SURETY must be attached.) (Corporate Seal if corporation) 'L I. POWER OF ATTORNEY , Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a Nc tion, has constituted and appointed, and does hereby constitute and appoint Jack G. LUpien, A. Philip Merrill, : Harshaw, Sioux Munyon and Debra J. Niemeyer of San Diego, California-------------. each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for a surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakin s filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or nc specified In such Bondl or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, ( Board or other body or organization, public or private; bonds to Transportation Companies. Lost Instrument bonds; Lease bonds, WI tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offic 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In WRnn8 whmof, the said FEDERAL INSURANCE COMPANY has. pursuant to its By-Lam. caused these presents to be signed by its Assistant Vke-President and Assis corponte mal to lm hereto affixed this 1st dayof January 19 84 FEDEM wsu&Tf , K / A c.c BY George McClellan Msunt VIcbPrddmt STATE Of NEW JERSEY County of Somerset hthk 1st dayof January 19 84 , before me personally came Richard 0. O'Connor to me known and by me known to be Asststant Secre &uIA*m COYPAW. the Corporation deacribed in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, dld depose and say that Of lhtl FEDERAL INSURANCE COMPANY and knows the corporate seal thereof: that the Jeal aflixed to the foregoing Power of Anomy is such corporate seal and was therefo affixed by Of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with George McClellan and knows him to be the Of .sid COfnPanY. and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto SU~I By-b and in deponent's presence. Nolarial seal Acknowledged and Sworn to before me on the date ve written. @J A L2-J Notary Public % JE.5G CERTlflCATION ALICE LEON,%[) NOTARY PUBLIC of SEW JERSEY ] ss. STATE OF NEW JERSEY County of Somerset M~ Commission Expires June 2% I%8 I. lhe undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the ByLaws of the said Company as adopted On March 11. 1853 and most recently amended March 11. 1983 and that this By-Law is in full force and effect. "ARTICLE XVIII. MlOn 2. All bonds. undmaklngs. contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to en and shall be aXeCUted in the name and on behalf of the Company either by the Chairman or the ViMhairman or the President or a Vice-Prestdent, jointly with the Secretary or e Secretary. under their respective designations. except that any one or mwe officers or attorneys-in-fact designated in any resdution of the Board of Directors or the Executive or in any power of anorney executed as provided for in Section 3 below, may execute any such bond, uodertaking'or other obligation as provided in such resolution or pr SectlOn3. A0 pamnsof anwney forand on behalf of the Company may andshaU be execut edint he name andon behalt ot the Company. either by the ChairmanorlheViceChairmanortl oraVicbPresidsntoranAgtmtantVce-Preaident.pintlywimtheSecretaryoranAssistsntSecretary, undertheirrespectivedesignations. Thesignatureofsucholficersmaybeengra or Ikhographed." I fum cmt@ that said MERAL INSURANCE COMPANY is duiy licensed to transact fidelity and surety business in each of the States of the United States of America. District of Corumbia, Put Provima8ofCa~~Iawlth theexception of Prince Edward Island; and is alsodulylicensed to becomesolesurety on bonds, undertakings, etc., permined or required by law. I, MeundersiOrwdAssrntantSecretaryof~DERALlNSURANCECOMPANY,do herebycatlilyt~theforegoingPowerofAtto~isintullf~ande~ect. a5 19- fsaidcompanyat Wanen, N.J., this 1ST day of MAY M.1.nts.cntuy b I.. On this L day of *, in the ye: before me, the undersigned, a ,Notary Put, in and for said State, personally , personally kn fot33fWd MeWMe-bast% ofsatisfactory evidence) to be the person who ex within instrument on behalf of the Corporation therein named, and acknowledged the Corporation executed it. WITNESS my hand and official A/,, seal ,I /p t, c - /7_ALd-cC-3 //Z. Y .LC 'X' - *4 - &dL, /L Notary Public in and for said State. ACKNOWLEDGMENT-Corpa~i~-Woleons Form 222CA-X-Rev 5 82 01982 WOL~OTTS INC (pncsclasse 2) \> 0 Paqe DESIGNATION OF SUBCONTR4CTORS The undersigned certifies he/she has used the subbids of the followinq lists Contractors in making ~JD his/her bid and that the subcontractors listed will used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with anolicable provisions of the specifications, No changes may be made in these subcontractors except upon the orior approval the City Engineer or the City of Carlsbad. The followina information is required for each subcontractor. Additional pages can be attached, if r eq ui red : Work - Company Name CONTROLS JOHNSON CONTROLS AIR BALANCE PLUMB I NG _I_- SAN DIEGO AIR BALANCE GREATER SAN DIEGO PLUMBING THORPE P INSULATION - - - c -f"- f \tLL7 = ,/ Signature THOMAS M. REIDIVICE ~~EYDENT }ss. STATE OF CALIFORNIA COUNTY OF v.7 'A 1 /LL&?$?l yL? / / On this I day of "/3/;7 &.c/ , in the year signed, a Notary PubCC'$ an! for said State, personally a , personally knoH 7- to be the person who exec! within instrument on behalf of the Corporation therein named, and acknowledged to the Corporation executed it. WITNESS my hand and official se ../d - u2-I /2f -&< f LC NoTARy PUBLIC - CAtlFORNIA +4L2/ 7'\ d4C4Wh Notary Public in and for said State. ACKNOWLEDGMENT-Corporation-Wolcolts Form 222CA-X-Rev 5-82 oiw WOLCOTTS. INC (pncsclass 8-21 .I Page 1 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY - The undersiqned submits herewith a notarized or sealed statement of hisfher financial responsibility. statement. Either a current audited income tax or orofit/loss PER ATTACHED - - - - A - - UT - i f \ 11- \ , L L Signature THOMAS M. $E I D/V ICE PRE~ ,DENT (Notarize or Corporate Seal) P 1 ss STAT( OF CALIFORNIA, r7 1 LOUNTY OF , ,,d % ;{, /; [ &G U- arjd for the said State, personally , known to me -_ 1. I c c7 President, and--- )* /> , kno to b? the Secretary of-.MA,k -________ - fqq, L&&&n rl A. the Corpcration that executed the within Instrumerit, kr6wri to me t>%e the per to me that such CGrporation executed the within Instrument pursuant to Its by1 resolution of its board of directors WITNESS my hand and official seal executed the withrn lnstrumer4, on behalf of the Corporation herein n d ed, and ackr CP --7 cw ACKNOWLEDGMENT-Carp -Pres b Sec -WolcOttt form 226-Rev 3 E4 JJ7fq @tary Public in and far - said State -f, I -*-.a=T<R** -_ ._- __I- - d for said State, personally , knot subscribed to the within In I to be the persondwhose name& and acknowledged to me that dhe- executed the same. WITNESS my hand and official seal. 94 /! * dJWd.=, 2’ I w. : ACKNOWLEDGMENT-General-Wolcatts Form 233dev 3-64 Notary Public in and for said State. --- ---_ ____ - - - - ____ - - --__ _-__ __ - ---__I_ _- ____ *> ’, ry T Air Conditioning May 2, 1985 Kinney Air Conditioning is a wholly owned subsidiary of Atlantic Richfield Company. Our fiscal year ends on June 30th, therefore current P & L statements are not available until after this date. Last years annual report is available upon request. As this is to verify financial responsibility and due to the fact that we are a subsidiary of Atlantic Richfield, we very seldom are asked for our annual reports and at present do not have one available. ,,,? erel;T- / - -_ ‘Is, [,LT 1’ 2[[;-k&&LL ~ iil Thomas M. Reid ! M.A. Naohm Vice-president/ ‘ Internal Corporate Auditor General Manager TMR/lgw 2333 W VINEYARD AVENUE ESCONDIDO. CALIFORNIA 92025 (619) 746-5700 (619)433-8990 (e No County Coastal 4: Subsidiary of Atlantic Richfield Company Ll }s. STATE OF CALIFORNIA COUNTY OFA A&7fl!& / On this 1 day of ./> D (4 , in the ) before me, the un ersigned, a Notary P@idn and for said State, persona , personally I (-baslsotsat(Sfactory wdme) to be the person who t within instrument on behalf of the Corporation therein named, and acknowledge the Corporation executed it. WITNESS my hand and official .yJ seat‘ L x 2&37-L& /t4 /L<A! I(? L Y*LIL’h L Notary Public in and for said State ACKNOWLEDGMENT-Corporation-Wolcotts Form 222CA X--Rev 5 82 01982 WDLCOTTS INC (PricS daSS 8 2) - I Id I I I - I I .-. j\ Page CONTRACT -+k by and between the City of Carlsbad, California, a municipa day Of +, corporation 19.! THIS AGREEMENT, made and entered into this (hereinafter called "City") , and KINNEY AIR CONDITIONING (hereinafter called "Contractor". ) City and Contractor agree as follows: )r 1. Description of Work. Contractor shall perform all work specified in tht contract documents for : Contract No. 3006-3B - Plmbinq, Public Safety and Service Center and Contract No. 3006-3D - H.V.A.C., Public Safety and Service Center (hereinafter called "project 'I) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified the contract documents . 3. Contract Documents. The contract documents consist of this contract; t bid documents, including the notice to bidders, instructions to bidders contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or plans and specifications; and the bonds for the project; all of which a incorporated herein by this reference. 4. Payment. As full compensation for Contractors performance of work unde this contract, City shall make payment to Contractor Der the terms outl. in the Notice Inviting Bids, Item 13. Contract amount Seven Hundred SI Thousand Tm Hundred Four and OO/lOO Payment of undisputed contract amounts shall be contingent upon Contraci furnishing City with a release of all claims against City amd Construct Manager arising by virtue of this contract as it relates to those amounl Extra compensation equal to 50 percent of the net savings may be paid t Contractor for cost reduction changes in the Dlans or specifications ma pursuant to a proposal by Contractor. The net savings shall be determi by City. No payment shall be made unless the change -is approved by the City. $760,204.00 5. Independent Investiqation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, an 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 in order to overcane unanticipated underground conditions. Any information that may have been furnished t Contractor by City about underground conditions or other job conditions for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied will all job qonditiop 'nclydin nder round conditions and has not relied on inf ormatiofi #urnishey gy CITY. '. i Page 15 6. Contractor Responsible for Unforeseen Condit,ions. Contractor shall be responsible for all loss or damage arising out of the nature of the work ( from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expense: incurred in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the completic of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract order changes , modifications, delet ions and extra work by issuance of written change orders. Contractor shall make no change in the work withot the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order delet any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction th work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only nerson authorized to order changes o extra work is the City Engineer. However, no change or extra work order excess of $5,000.00 shall be effective unless approved by the City Counci 1. 8. Prevailing Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the contract and schedule containing such information is in the City Clerk's office and is incorporated by reference herein. Pursuant to Labor Code Section 1774 contractor shall pay prevailing waqes. Contractor shall post copies of a applicable prevailing wages on the job site. 9. Indemnity. Contractor shall indemnify, hold harmless and defend the Construction Manager and the City and its officers and employees, and eac of them, from any and all liability or loss resulting from any suit, chi or other action brought against the City, or for any other losses of whatever nature, directly or indirectly arising from the acts of Contract or its officers, employees or agents done in the construction of this project or in the performance of this contract regardless of responsibili for negligence. The expenses of defense include all costs and expenses, including attorneys fees, of litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require contractor tc indemnify City for losses caused by the active negligence of City. 10. Contractor shall provide Certificates of Insurance evidencing coverage ir amounts not less than the following: \' Page 1 Coverage Combined Sing1.e Limit General Liability 500,000 Product s /Completed 0 pera t io ns 500,000 Blanket Contract ur a1 500,000 Personal Injury 500,000 Excess Liability 500,000 Other Automobile Liability $ 500,000 Contractor's Protective 500,000 Contractor may be required to increase the limits of liability insurance the size and nature of the project require excess coverage. Contractor shall cause the City and Construction Manager to be named as ? additional insured on all policies concerning the subject matter or performance of this contract. 11. Wo-rkers Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and Construction Manager and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description brought by any person employed or used by Contractor to perform any work under this contact regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City throuqh the Construction Manager, certification of the policies mentioned in Paragrap 10 and 11 or proof of workers' cotnoensation self insurance prior to the start of any work pursuant to this contract. Certificates of insurance shall provide that the insurance will not be cancelled until the expirati of at least thirty (30) days after written notice of such cancellation h; been qiven to the City. Arbitration. out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in 2 California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial. evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Vaintenance of Records. Contractor shall maintain and make available to 13. Any controversy or claim in any amount up to $100,000 arisi the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place business as specified above, Contractor shall so inform the City by certified letter accomDanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of such records. ______ _~ _ ____ __ ---- ___-_ ___I -_ - - -_ 1 - i. ss ON 2'//'k~-, Seforp ms tke undersigned a No'ar tubiic in and for the said State, personal , known to m f J L President, and--:-- ,k ',Y ( -.-I P/d. pi i ': I to be the Secretavy of :e< &LL.=, &-Le> PL. *"- ,'-,, l++l ________ */ * ______ _____. the Corpcration that executed the within Instrument, kndwri to me to be the p executed the within Ins'rumt, on behalf of the CorporaJion herein named, and ac to me that such Ccrporation executed the within Instrument pursuant to its bi resolution of 1's board of directors WITNESS my hard and cfficial scal 1 "B ; dy% ,, * ,v -' - ,' I .- i .( -2 L i ACKNOWLEDGMENT-Cor0 -Pres & Sec -Wolcotts form 226Rev 3 54 Notary Pub1 c in and for said State lL--pA i - }ssp ~l_p - _-_-- sll ----------- P-. _I-- m__ll__- p- - -- P Ll / (01 proved to me on the basis of satisfactory evidence) to be the Person who e) within instrument on behalf of the Corporation therein named, and acknowledgec the Corporation executed It WITNESS my hand and 0 SM4 DEW COUffP /% / Notary Public in and for said State. ACKNOWLEDGMENT-Corporatlon-WoiCOtiS Form 222CA X--Rev 5 82 01982 WOLCOTTS INC (price Class 8 2) - -- .% Page 1' 15. Labor Code Provisions: The Drovisions of Part 7, Chapter 1 commencing wi section 1720 of the California Labor Code are incorporated herein by reference. .dpropriate securities may be substituted for any monies withheld b? City to secure performance of this contract or any obligation established by this contract. 16. Securit . Pursuant to the requirements of law (Government Code Section 17. Additional Provisions. Any additional provisions of this agreement are sc forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. ( Not ari a1 acknowledgement of execution by ALL PRINCIPALS must be attached.) ,RONALD R. LOVELL *A/A.+ r" G//* pjffp COMMER~ I AL D I v : MANAG~ 2333 W. VINEYARD AVENUE - ESCONDIDO, CA 92025 - Contractor's Princiml' Place of Rusines CITY OF CARLSRAD, CALyORNIA BY ?<A! @?LA&-- 4 Mayor ATTEST: Contractor's Certification of Awareness of Workers Compensation Responsibilit) "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against 1 undertake self-insurance in accordance wi5, will comply with such provisions befor of this contract .'I .L .& , Page 2 GENERAL PROVISIONS 1. PLANS-AN4 SPECIFICATIONS The specifications for the work shall consist of the latest edition of th Standard Specifications for Public Works Construction hereinafter designated SSPWC, as issued by the Southern Chapters of the American Pub1 Works Association, the City of Carlsbad supplement to the SSPK, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of 106 sheet(s). The standard drawings utilized for this project are the San Diego Area Regional ,Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings ar enclosed with these documents. A detailed list of the plans and specifications are attached hereto and made a part hereof. 2. WORK TO RE DONE 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 3. DEFINITIONS AND INTENT A. Architect: The word "Enqineer" shall mean the architect or his approved representative. B . Construct ion Manager: The word "Construction Manager" shall mean Koll Construction Canpany. C. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" 01 words of similar import are used, it shall be understood that referer is made to the plans accompanying these provisions unless stated otherwise. D . Direct ions : Where words "directed", designated", "selected" or words of similar import are used, it shall be understood that the direction, designat or selection of the Construction Manager 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 Construction Manager" unless stated otherwise. \I .* ' Page 2: E) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such word: of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Architect" 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 Architect is intended. F) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, a1 her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and transport ation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE The Contractor shall provide Consruction Manager with a Construction Schedule indicating vork activities and length of time required for each activity. The Contractor shall review with the Construction Manager monthly the Construction Schedule to insure completion of the whole or an part of the work. The Contractor shall begin work after being duly notified by an issuance a "Notice to Proceed" and shall diligently prosecute the work to completi in connection with the construction schedule as approved by the Construction Manager. 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Construction Manager. Any cost caused by reason of this nonconforming work shall be borne by tt C ont r act or . ., L.. I' Page 21 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice o Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions , the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the Construction Manager. 9. INTERNAL COMBUSTION ENGINES T. All internal combustion engines used in the construction shall be equippel with mufflers in good repair when in use on the project with special attention to Carlsbad Municipal Code , Chapter 8.48. IO. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time Contractor shall furnish Inspectors with such information as may be necessary to keep herfhim fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obliqation to fulfill this contract. 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 the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is n correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correct ion. 11. 12. INTENT OF CONTRACT DOCUMENTS The Contractor , herfhis 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 he provided at t Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decisi relative to said intent will be final and binding. Failure of the Contractor to apprise herfhis subcontractors and materials suppliers of this condition of the contract will not relieve herfhim of the responsibility of compliance. ., I\ L, 1 Page 25 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawing: and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipmnl or process indicated or specified by patent or proprietary names or by names of manufacturer which shefhe considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, it: physical, chemical or other characteristics, and its durability, finish, ( efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beqinninq of constructio if possible, but in no case less than ten (IO) days prior to actual installation. Substitution shall also include a statement of credit to b issued . 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of plans, which shall be corrected 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 Architect at cost. This set of drawings shall be kep on the job and shall be used only as a record set. Upon completion of th work, and prior to release of retention, the Contractor shall transpose a "as-built" information on to a set of reproducible sepias. Drawings shal be drafted in a professional manner and shall locate by dimension and elevation all concealed work, and changes in manufacturer information. "As-builts" for the sitework (bid package number 1) shall be prepared by the engineer of record. 15. PERMITS The qeneral construction, electrical and plumbing permits will be issued the City of Carlsbad at no charge to the Contractor. responsible for all other required licenses and fees. The Contractor is 1 -'c .1 I Page 2( 16. QUANTITIES IN THE SCHEDULE The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Construction Manager will direct the Contractor to proceed with the said work as so modified. If an increase j the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. SAFETY & 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 whert the work is being performed. Heishe 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 post danger signs warning against hazards created by such features of construction ds protruding nails, hoists, well holes and falling materials. 17. 18. SURVEYING Column control lines, offset outside the perimeter of the building, and a vertical control (benchmark) will be furnished by others. Contractors shall perform their own engineering (survey staking) includinq elevations as required. Survey staking for the sitework (bid package number 1) shall be provided b the City. Rough grade stakes at 50'-0" centers minimum to or toe-of-slope as required, surface and underground improvements at 25'-01' to 50'-0" centers including critical points with offsets, and blue tops for building and facility pads. CODES, ORDINANCES, REGULATIONS & A6BREVIATIONS Reference to codes, ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbreviation American Society for Testing Materials ASTM U .S. Government Fed. Spec. National Board of Fire Underwriters NBFU American Ins ti tut e of S tee1 Construct ion AI sc Ame ri c a n St and ard s As so ci at io n Underwriters Laboratories, Inc. UL Depart me nt of Commerce St and ard s cs American Concrete Institute ACI 19. ASA 1 ., IS j. ,4 1 Page 27 20. STORAGE Space for storaqe and temporary buildings will be allocated by the Construction Manager as job conditions permit. Temporary offices or shed: shall be constructed of fire resistant materials. Material and layout mu: be approved by the Construction Manager prior to installation. 21. TESTING AND INSPECTION Testing and inspection shall be as required by the Specifications. The Contractor shall be required to cooperate fully with the inspecting agenc] during inspections at a fabricating plant and/or on the jobsite and shall provide ladders, platforms, scaffolds and/or safe accessibility to the w01 for such inspections and/or tests. 22. SCAFFOLDING AND HOISTING The price shall include all costs for the following: a. Scaffolding and shoring required for the Contractor's work. b. Hoisting required for the Contractor's work. 23. CLEAN UP The Contractor shall keep the premises free at all times from all waste materials, packaqing materials and other rubbish accumulated in connectio with the execution of the work by collecting and depositing said material and rubbish in locations or containers as designated by the Construction Manager. 24. TEMPORARY FACILITIES Temporary toilet facilities and drinking water for the use of all trades will be provided. 25. FORCE REPORTS Force reports indicating trade and personnel per trade shall be submitted to the Construction Manager daily. A brief description of work performed shall be included. 26. ELECTRICAL POWER Electrical power will be provided in the building for the use of the Contractor for special lighting and operation of small tools only. Power will be single phase at 208 volts or 240, and 120 volts. It is the Contactor's responsibility to provide extension cords and/or wiring from central distribution points. Power will not be provided for high voltage or heavy amperage type equipment such as welding machines and any special power requirements shall be provided and paid for by the Contractor. .< i %. ,< I I1 Page 2f 27. SACKFILL AND COMPACTION Backfill and compaction of trenches shall be in conformance with the 1979 edition of "Standard Specifications for Public Works Construction". Backfill material shall be approved by the soils engineer. Contractors shall pay all costs for retesting required as the result of density test failures due to improper Compaction. Backfilling of trenches and excavations shall not be undertaken until required tests and inspections have been completed, "as-built" Location notes have been verified, and authority to start the backfill has been granted by the inspector and superintendent. 'i I' ** ,x 2 Page 2: CERTIFICATION OF COMPLIANCE I hereby certify that KlNNEY AIR CONDITIONING Legal Name of Contractor in performing under the contract awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board o Supervisors , including all current amen . MAY 31, 1985 - Date ( NOTARI ZE OR CORPORATE SEAL) title V I &E PRES I DENT (Notorial acknowledgement of execution by all principals must be attached). ~.~ -___- _____ L ____ ___ ___ - - .._~__ STATE OF CALIFOR L'/i ' * I President and ---_l__^l__ resolution of its board of directors '1 1 WITNESS my hand and official spa1 1 / i ,> ACKNOWLEDGMENT-Corp -Pres & Sec -woicotts Form ZLLR~ 3 64 \L' -4 /' p' ' R .:kL ,L- I .a'*. -__ c Notaryhb'ic in and for said State _____-___ L ________ .a . 5 ., s .' ' 1 .. Page 3 SPECIAL PROVISIONS~SPECIFICATIONS Scheduling for the project facilities shall commence about June 1, 1985. Project completion is anticipated for the third quarter of 1986. underground piping shall be completed as soon as possible to facilitate asphal paving operation by year end. associated with these time frames within their bids. Elevators - Bid Item 3A 1. Sleeves and/or conduit for hydraulic and electrical lines shall be provid All All contractors should incorporate all costs by others from elevator equipment roans to pits. Hydraulic and electrical lines for elevator no. 2 shall be installed overhead through vestibule #I31 and down shaft to pit area. 3. Sill support angles shall be furnished and installed by others. 4. Provide alternate price to install traditional plunger type hydraulic 2. elevators in lieu of holeless. Cost should include excavation of hole, i installation of a non-corrosive jacklplunger casing to eliminate the neec for future replacement of underground parts due to corrosion. Balance of specifications shall be the same as the holeless elevators. Provide alternate price for excavatinq holes outlined in Item 4 should drilling through dence, hard rock material be required. 5. Plumbinq - Bid Item 38 1. Bidding Contractors shall review site plan sheet 4C-1 for location of existing utility stubs. The following criteria shall superceed notes on the plumbing plans for exterior building piping. Plumbers shall provide service from these locations. P ol ice /Fir e F aci 1 it y a. Roof Drains - Sitework Contractor shall provide P.V.C. laterals to a point fifteen (15) feet behind face of curbs. Plumbers to make connections at this point including necessary clean outs. - Yater - Provide all water services from meter box locations inchdin? pressure reducing backf low meventers as required. Sewer - Four (4) inch to main building shall be installed by others 1 a pont five (5) feet outside of building. Plumbers to provide clean out. Four (4) inch to classroom building shall be installed by others to 4 point ten (IO) feet behind face of street curb. Plumbers to provide clean out. b. c* - *, *$ SI ’ .( t 1 c Page 3 A Gas - Gas meter is located at the west end of the mechanical eauipmen enclosure per sheet AC-3. Gas piping for the building should start a this point. Also provide tee and valve for gas piping by others to mechanical equipment located within enclosure. d. Vehicle Wa,sh a* - Water - Provide water service from meter box location per sheet AC-1. b. - Gas - Gas meter to be lcoated at east end of building. Fuel Island Water service, reel banks, compressed air piping and complete fuel system including alarms to be provided under bid package 3F service station eq ui p me nt . Vehicle Maintenance Facility a. Roof Drains - Sitework Contractor shall provide P.V.C. laterals to a point five (5) feet outside building. this point. Plumbers to make connections 2 b. Water - Provide water service from meter box location including pressure reducing backflow preventer as required. c. Sewer - Four (4) inch to main building shall be installed by others t Plumbers to provide clear a point five (5) feet outside of building. out. Four (4) inch to industrial clarifier shall be installed by other to approximate location of clarifier. 2. Plumbing contractors shall provide all roof drainage and overflow piping, all waste and vent piping, all water oiping both hot and cold for plumbir fixtures, industrial water piping, and all qas piping. Provide condesate piping for package air conditioning units only (AC unit 1-6 and HV-1, HV-2). provided within bid oackage 3D (H.V.A.C.). 3. All other piping for mechanical systems shall be 4. Compressors located within the vehicle maintenance and wash facilities shall be installed as a part of bid package 3F (service station equipment inclusive of all piping and reel banks. Compressor and piping for police facility shall be installed by Plumbing Contractor. All piping shall be installed below the roof per Carlsbad City Codes. connections accordingly. 5. M( '* -4 ' '& *' '. Page 3 6. Provide and install all clean outs, valves, plates, sleeves, flashings, insulation, access boxes and panels, hose bibbs, thermometers, thermostat controllers, pumps, and complete fixtures and accessories per specifications. 7. Provide and install specified pipe identification. 8. Service station equipment and piping shall be provided and installed unde bid package 3F. Review for clarity. 9. Provide alternate deduct from base bid to utilize approved plastic type pipe for sewer and vent piping, and roof drain and overflow piping. Actu, drains on roof should remain cast iron. Automatic Fire 5prinkler System - Bid Item 3C 1. Fire sprinkler system shall be required for the Police/Fire Administratio Facility only. System shall he designed as a light hazard occupancy (0.1 GPM per 1500 SF). 2. Provide sleeves for pipe penetrations through metal deck or coordinate wil approved shaft locations. Siser shall be located in Mechanical Equipment Room #132. Six (6) inch fire service lateral inclusive of detector check valve, post indicator valve and fire department connect ion, shall be installed by others to a point five (5) feet outside building line. Sprinkler Contractor shall intercept existing pipe and install1 necessary fittings and bends to locate riser as specified. 3. All sprinklers in offices, and sally port, and work areas includinq corridors and lobbies shall be semi-recessed heads. These sprinklers shal also be used for exterior soffits should sprinklers be required. All head exposed to view shall be centered and aligned within ceiling types and wal spaces. 4. Sprinkler heads for the detention area cells shall not be installed unless required by the State Fire Marshal. Heads, if required, shall be completely recessed and covered from view. 5. Any special design requirements for the armory, detention area, sally Dort atrium and other floor openings, electrical and mechanical roans shall be included within the bid. Dispatch Center Room #IO9 and Radio/Computer Equipment Roan #I15 shall be installed within specified sprinkler system. Fusable link heads in these rooms shall have a higher degree release than the remaining portions of th building. The intent is to try and extinguish any fire in these roans wit Halon extinguishers prior to activation of the west sjstem. This would also eliminate the need for an automatice "Halon" system since these areas will be in operation and staffed twenty-four hours a day. ~$g~&c,ap~o,@~tall specified pipe identification per Section 15900 of 6. 7. > q. .( \ ' J* ' Page 3 H.V.A..C. - Bid Item 3D 1. Contractor shall include all water and gas piping for make up and connection of equipment located in mechanical yard and boiler roan. Provide and install hot and chilled water piping from mechanical yard to police facility. for a complete mechanical system. Provide hackflow protection. This packaqe shall also include all interior wet piping 2. Include all condensate piping with exception of equipment specified as a Dart of bid packaqe 38, ie, packaged air conditioning units (AC 1-6, HV-1 HV-2). 3. Concrete pads for mechanical equipment and removable louvers at air hand1 roans and mechanical equipment yard shall be provided and installed by others. 4. Contractor shall include all hoisting and a complete sealed installation mechanical equipment. The intent is to install air handlers through the side of the building prior to cladding. 5. Provide and install all sleeves and block outs for metal deck penetratior Also include inserts for detention area supply and return system per det, 11/M-8. 6. Provide and install all equipment and isolation supports. Roof curbs foi exhausters shall be per the specifications and not detail C/M-7. 7. Provide and install all required fire and smoke dampers. Fire dampers shall be complete per detail 3/M-8 including angle supports and sleeve. Rated drywall enclosures for mechanical equipment shall be provided and installed by others. Coordinate installations with other Contractors. 8. Provide and install all screened openings. 9. Provide and install all pipe, duct and zone identification; and concealec service identification. Provide and install complete fume exhaust system for vehicle maintenance facility inclusive of drywell. IO. 11. Provide and install air compressor for mechanical system. Location is shown under stair no. 2 on electrical sheet E-7. 12. Provide and install all low voltage and control wiring. Conduit shall bt installed by Electrical Contractor. 13. Access panels in walls and ceilings shall be furnished and installed by others. Access panels in ductwork for maintenance shall be included wit! this bid package. 9 f. 3 .' %l , -c c Page 3 Electric.al,- Bid Item 3E 1. Provide alternate deduct from base bid for concrete pole bases per detail A/E-1. Anchor bolts should be provided by Electrical Contractor. 2. Include all concrete encasement of conduit required by qoverning agencies 3. Provide complete installation for security gate systems. Actual gates ar motor operators shall be provided and installed by others. Provide and install connection of tamper switch on post indicator valve, and flow switch on sprinkler system riser. Terminate at fire alarm contr panel. 4. 5. Provide and install necessary electrical connections to the following equipment furnished by others. a. Air compressor, Item No. 6, Sheet E-7. b. Electrical water heaters, Item No. 7, Sheet E-7, and Item No. 3, Shec E-9, and at vehicle maintenance facility. c. Motor operators for folding partitions in meeting area. d. Fuel recording system and printer, Sheet E-18. 6. Provide and install all connections, conduit and wire for mechanical equipment as indicated in electrical plans and specifications. Also provide conduit for low voltage wire and controls to be installed by Mechanical Contractors. 7. Provide and install all plywood backboards as required. 8. Electrical Contractors shall review finish hardware specifications in orc to coordinate all requirements for security system interface. Connect ior and wiring to be completed under bid package 3E. 9. Provide and install projection screens and switches located in meeting r( area. IO. Provide and install all electrical equipment identification. 11. Provide and install conduit, wire and connect remote control switch at reception counter for elevator no. 1. Switch shall he supplied by Eleval Contractor. 41so provide conduit sleeves from equipment roans to elevatc pits for installation of hydraulic lines (3") and power feeds. Provide and install support brackets for light fixturzs (nn) located in vehicle maintenance pit. 12. 13. Provide and install all sleeves and blockouts for metal deck penetrators v (\ 3 -1 ;** . Paqe ? 14. Electrical work outlined on sheet €-I9 shall be complete with exceptjon c all electrical conduit, wire, motor starters, pumps, relays, switches, etc., shown on the partial site plan. This work to be completed under bi package 3F (service station equipment). Feeder, ground, panel "EPA" and connections shall be included under this bid package 3E. Coordinate electrical installations with Service Station Contractor. Service S>tation Equipment - Bid Item 3F 1. Bidding Contractors shall furnish and install all equipment specified on sheets EO-1 and EQ-2 with exception of items noted otherwise and the following: a. W1380 - Locker b. 83840 - Washer, Vehicle, 2 Brush c. #3920 - Water Reclamation System d. 89820 - Shower, Drench, Eye Wash 2. All recessed pits and below grade equipment enclosures within the vehicle maintenance building shall be constructed by others. Bidding Contractor$ shall coordinate their work with other trades. Complete installation of hydraulic jacks and lifts including hole drilling for lift cylinders and oversized bearing pads is a part of this bid nackage. 3. Provide and install the following: a. 1,000 gallon engine oil tank including piping, reservior tank, contrc panel and alarm. b. 2,000 gallon waste oil tank including piping, reservior tank, control panel and alarm. c. Reel banks including all necessary oipinq and pumps. d. Window washing solution piping complete. e. Compressors for maintenance and washlfuel facilities including pipin? f. Fuel island complete including piping, tanks, dispensers, water and i reel banks, reservior tank, control panel, alarms, fuel recording system, concrete tank pads and hold down straps. 4. Water service from existing meter box to fuel island shall be installed l a part of this bid package. Provide pressure reducing backflow preventei and shut off valve. Water piping including industrial water for the vehicle maintenance facility shall be installed by the plumber as part of bid package IB. Coordinate water connections with equipment supplied and installed under this bid package. e'\ 2 *.+ * CI Page 3 5. Fuel island shall be installed as a part of this bid package. Sefer to detail 5, sheet A-60. Concrete apron around island shall be installed by others. 6. Coordinate installation of all tank risers and lids with Concrete Contractor. 7. Provide and install pipe identification Der section 15400 of the specifications. 8. Provide and install all. electrical connections and equipment for the fuel island per electrical plan sheet E-19. 411 work indicated on the partial site plan shall he included with the exception of Dane1 "€PA". Terminate conduit and wire from motor starters, relays, etc. at panel "EPA" for fin connection by Electrical Contractor. Qemaining electrical work shown on this sheet shall be completed with hid packege 3E (Electrical). Contract( shall review electric1 specifications division 16, and coordinate i ns t al la t ions with Electrical Contract or. 9. Provide alternate additive cost to move existng owner equipment to new facility and install. Travel distance approximately five (5) miles. Vehicle Wash - Rid Item 3G 1. Coordinate installation of controls and utility connections with other I Contractors. Vehicle Wash Contractor shall be responsible for piping from utility stubs outlined on the nlumbing and electrical drawings. Finish Hardware - Bid Item 3H I. Bid for finish hardware shall be comolete per olans and specifications and delivered F.O.R. jobsite, all tax included. Actual installation shall be coordinated in a future bid package. 2. Ridding Contractor's shall include necessary jobsite visits in order to coordinate and review delivered hardware packages with the Project Superintendent. :a t 4 "* + Page 3 LIST OF CONTRACT DOCUMENTS I. Contract documents prepared by Ruhnau, McGavin, Ruhnau/Associates, 1207 E Avenue, Carlsbad, CA 92008 (619) 729-7144. Plans dated April 8, 1985. a. Architectural Site Plans Sheets AC-1 thru AC-3 b. Architectural Public Safety Center Sheets A-I thru A-36 Public Safety Center Sheets A-51 thru A-60A c. Equipment. Plans Sheets EQ-1 and EQ-2 d. Structural Plans Sheets S-I thru S-16 e. Mechanical Plans Sheets M-I thru M-9 f. Plumbing Plans Sheets P-1 thru P-8 g. Electrical Plans Sheets E-1 thru E-20 11. Project manual (specifications) for the construction of the City of Carlsbad Public Safety and Service Center prepared by Ruhnau, McGavin, Ruhnau/Associates dated April 8, 1985. m @ - e CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (61 9) 434-2891 VINCENT F. BIONDO, JR. CITY AlTORNEY RONALD R. BALL ASSISTANT CITY ATTORNEY December 2, 1988 Frances Warr Kinney Air Conditioning 336D Rancheros San Marcos, California 92069 RE: CITY V. KINNEY AIR CONDITIONING Dear Ms. Warr: This will confirm our conversation of Friday, December 2, 1988 which you explained to me that the parties will attempt to re a settlement as to the disposition of the retention funds now h by the City in this matter by January 15, 1989. In view of t representation, I agreed not to file a complaint in interplea until after that date. If a settlement is reached, please have it confirmed in writing I will prepare the necessary checks and release forms for parties concerned. I appreciate your cooperation and courtesy in this regard. vcr;, ~. .F RONALD R. BALL Assistant City Attorney rmh c: James L. Trachy Joel B. Weinberg Martin J. Brill Purchasing Agent - a 0 October 25, 1988 TO : PURCHASING DIRECTOR FLETCHER CITY CLERK RAUTENKRANZ Q FROM: Police Captain Suttle KINNEY AIR CONDITIONING BANKRUPTCY Please release funds that were held in retention for completioi of the safety center project. (See attached letter from Assistan City Attorney Ball.) Attachment I db I \ I i p1<<,;, ,* i \ 71- I , e 0 c CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1 989 (619) 434-2891 VINCENT F. BIONDO, JR. CITY ATTGRNEY RONALD R. BALL October 20, 1988 ASSISTANT CITY ATTORNEY Joel B. Weinberg Buchalter, Nemer, Fields & Younger 700 South Flower Street, Suite 700 Los Angeles, California 90017-4183 RE: KINNEY AIR CONDITIONING BANKRUPTCY CASE NO. LA 87-14855-RR Dear Mr. Weinberg: Thank you for your letter of October 17, 1988 regarding the abo referenced action. As set out in my letter to attorney James Trachy of June 2, 1988 there is a balance in the retention held the City in the sum of $26,521.91 (copy enclosed). I believe t repairs to the WAC system at the Public Safety and Service Cent have been completed and, by copy of the letter, I am respectful requesting the Police Department to commence the paperwork notify the City Clerk and Purchasing Department that the job complete and the funds retained and the bonds on file can released. I am sending a copy of this letter to attorney Trachy advising h of this determination and, unless I hear to the contrary November 3, 1988, the City will proceed as outlined above. I also sending copies of this letter to all other interested partie I appreciate your cooperation and courtesy in this regard. Very truly yours, RONALD LeL. R. BALL Assistant City Attorney rmh enclosure c: James L. Trachy Phillip A. Gastier C. Allen Reeve Captain Kellogg, Police Department Ruth Fletcher, Purchasing Agent Tom Coleman, Utilities & Maintenance Department 1 *. i\ a BOND(b. 8092-50-78 It \ Page PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESWTS: WHEREAS, the Cit Resolution No. $b , 31 adopted FkY 21, 1985 , has awarded Kinney Air Conditioninq , hereinafter designa as the "Principal", a contract for: Council of the City of Carlsbad, State of California, by Contract No. 3006-3B - Plumbing, Public Safety and Service Center and Contract No. 3006-3D - H.V.A.C., Public Safety and Service Center. in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performanc of said contract; NOW, THEREFORE, WE, KINNEY AIR CONDITIONING as Principal, herein'af ter designated as the "Contractor", and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of said sum being equal to 100 percent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, histher or its heirs, executors, administrators, successors or assigns, shall all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or 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 and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be Derformed thereunder or the specifications accompanying t same shall affect its obligations on this bond, and it does hereby waive notic of any change, extension of time, alterations or addition to the terms of the contractor or to the work or to the specifications. FEDERAL INSURANCE COMPANY - SEVEN HUNDRED SIXTY THOUSAND TWO HUNDRED FOUR AND NO/DO hrS ($760,204.00---- LO d- - e 0 *, * $1 , Page 2 In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor a Surety above named on the 31s~ day of . MAY 7 19 85 - (Notarize or Corporate Seal for Each Signer) Cont r act or FEDERAL INSURANCE COMPANY ___l_____ll_g____l___l_lllllll_l_ ..-- --___I On this -3.P.- C day of fl//& is" , in the ye before me, the undersigned, a NotaL#Publiq,h and for said State, personall , personally ki (or proved to me on the basis of satisfactory evidence) to be the person who e: within instrument on behalf of the Corporation therein named, and acknowledge( the Corporation executed it WITNESS my hand and official seal ,/ .-J J2/" y\-", , #si/ , %, Notary Public in and for said State Form 222CA-X-Rev 5 a2 On MAY 31, 1985 , befc State of CALIFORNIA Courrty of SAN DIEGO \ss. DEBRA J. BUXCEL the undersigned Notary Publlc, personal ly appeared JACK G. LUPIEN a personal ly known to me a proved to me on the basls of satisfactory evidence. to be the person(s1 who executed the wlthln Instrument as naned, and acknowledged TO rw that the corporation executed It. WITNESS my name and offlclal seal. ATTORNEY-IN-FACT or on the behalf of the corporation I \ r '\ \ -I:\> , t ~ (\ \ . \. Notary's Slgnature \. e POWER OF ATTORNEY e '4 ** , Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a Me tion, has constituted and appointed, and does hereby constitute and appoint Jack G. Lupien , A. Philip Merrill, I: Harshaw, Sioux Munyon and Debra J. Niemeyer of San Diego, California-------------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for a1 surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakin s filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or no1 specified in such Boni or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations r or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, C Board or other body or organization, public or private: bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Wc tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offici, 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Wltne8s Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws. caused these presents to be signed by its Assistant Vice-president and Assist; Corporate seal to be hereto affixed this 1 St dayof January 19 84 FEDERAL INSU NCE COMP Y BY /&- !& L.L&\. George McClellan Adstant VlcaPresident ) ss. STATE OF NEW JERSEY County of Somerset Onthis 1st day of January 19 84 , before me personally came Richard 0. O'Connor to me known and by me known to be Assistant Secret, SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney. and the said Richard 0. OConnor being by me duly sworn. did depose and say that h Of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by a Of said Company. and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with George McClellan and knows him to be the P Of aald Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was (hereto subscrit By-Laws and in deponent's presence. Notarial Seal Acknowledged and Sworn to before me on the date a ve written. @ 2' A. &2*-J Notary Public % JER5(" CERTIFICATION ALICE LEO!IARD NOTARY PUBLIC @F NEW JERSEY M~ Commission Expires June 28, 1988 } ss. STATE OF NEW JERSEY '..County of Somerset I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify the1 the following is a true excerpt from the By-Laws of the said Company as adopted b on March 11, 1953 and most recently amended March 11, 1983 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, wntracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to exei and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-chairman or the President or a Vice-President. jointly with the Secretary or an Secretary. under their respective designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive CI or in any power of attorney executed ea provided for in Section 3 below, may execute any such bond, undertaking'or other obligation as provided in such resolution or power oi Secthm3.Allpowersof attorney forandonbehalfof meCwnpany Myandshallbeexecuted in thenameandonbehalfoftheCompany,eitherbytheChainnanortheViceGhainanorthe orevice-president oran A8Sistant VicePresident, jointly with thesecretary or ankistant Secretary. undertheir respectivedesignations. Thesignatureof such offiirs may beengravc or lithographed." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America District of Columbia. Pw Provinces of Canadawlth the exception of Prince Edward Island and is also duly licensed to become sole surety on bonds, undertakings. etc., permitted or required by law. 1. theundersigned Assistant Secretary of FEDERALINSURANCECOMPANY, do hereby certifythattheforegoing Powerof Attorney isinfullforceandeffect. 85 s19- MAY fsaidcompanyat Warren, N.J., this 31ST day of d Aselstant Secretary Form 21-100333(R BOND a 8092-50-78 't 0 'a 1 Page LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 8031. , adopted May 21, 1985 , has awarded , hereinafter designa as the "Principal", a contract for: Kmney ALr Curdrhu~,~1y Contract No. 3006-3B - Plmbinlj, Public Safety and Service Center'and Contract No. 3006-3D - H.V.A.C., Public Safety and Service Center. - in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Princioal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providi that if said Principal or any of his/her or its subcontractors shall fail to r for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any wc or labor done thereon of any kind, the Surety on this bond will pay the same t the extent hereinafter set forth. NOW, THEREFORE, WE, KINNEY AIR CONDITIONING as Principal, hereinafter designated as the "Contractor", and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of THREE HUNDRED EIGHTY THOUSAND ONE HUNDRED TWO AND NO; lars ($380,102.00---- said sum being equal to 50 percent (50%) of the estima ed amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE COHDITIOV OF THIS OBLIGATION IS SUCH that if person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such wor or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought up0 the bond, a reasonable attorney's fee, to be fixed by the court, as required b the provisions of Section 4202 of the Government Code of the State of C a1 if or ni a. FEDERAL INSURANCE COMPANY p&6 - - _- - - e 0 .t 1 . .I Page I This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the Drovisions of Section 4205 of the Government Code of the State of California. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WEREOF, this instrument has been duly executed by the Contractor a Surety above named on the 31ST day of MAY , 19 85 . - I (Notarize or Corporate Seal for Each Signer) Contract or a FEDERAL INSURANCE COMPANY - -2 I STATE OF CALIFORNIA , personally ki (01 Proved to me on the basis of satisfactory evidence) to be the person who e; wlthln instrument On behalf Of the Corporation therein named, and acknowledge( the Corporation executed it j WITNESS my hand and officiat,seat / // r' a' /' P6 -fL* -A e%<- ",.)&,, 1. ACKNOWLEDGMENT-Corporation-wolcons Form 22ZCA X-RW 5 82 Notary Public in and for said State I tzig8* WOLcoTTs. iNC (priceclass 8-2) i - State of CALIFORNIA On MAY 31, 1985 , before County of SAN DIEGO \s. DEBRA J. BUXCEL the undersigned Notary hbl fc, personal ly appeared JACK G. LUPIEN D personal ly known to me a proved to me on the bask of satlsfactory ev I dence. -- to be the person(s1 who executed the withln lnstrument as naned, and =knowledged to m That the corporation executed lt. WITNESS my name and offlclal seal. ATTORNEY-IN-FACT or on the behalf of the ccrporatlon t i .r a POWER OF ATTORNEY e ”1 . Know a11 Mrn by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a NE tion, has constituted and appointed, and does hereby constitute and appoint Jack G. Lupien , A. Philip Merrill , I Harshaw, Sioux Munyon and Debra J. Niemeyer of San Diego, California-------------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for a. surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakin s filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or no specified in such Bonj or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the lawsor regulations I or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, C Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Wc tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offici 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In WltnsU Wharsof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws. Caused these presents to Lw signed by its Assistant Vice-President and Assisi corporate Seal to tie hereto affixed this IS t dayof January 1s 84 FEDERAL INSU NCE COMP Y BY George [L.-!-6-.LUi\. McCtellan Aaslstant VlesPrenident STATE OF NEW JERSEY County of Somerset On this Is t. day of January 19 84 . before me personally came Richard D. OConnor to me known and by me known to be Assistant Secre’ SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney. and the said Richard D. O’Connor being by me duly sworn, did depose and say that I of the F€DERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by i Of widcompany, and that hesigned said Power of Attorney as Assistant Secretary of said Company by like authority: and that he is acquainted with George McClellan and knows him to be the Of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscri By-Laws and in deponent’s presence. Notarial Seal Acknowledged and Sworn lo before me on the date a ve written. @J 2’ PUBUC A L2fl-J Notary Public pk JEr’””(” CERTIFICATION ALICE LEO!J>.!?D NOTARY PUELlC of fiiw lERSN M~ Conmission Expire; June 28, 1988 1 ss. STATE OF NEW JERSEY County of Somerset 1. the underalgned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted I on March 11, 1953 and moat recently amended March 11. 1983 and that this By-Law is in full force and effect. “ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to exf and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-chairman or the President or a Vice-President. jointly with the Secretary or ai Secretary. under their respective designations. except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive C or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertakingor other obligation as provided in such resolution or power a Section3.Allpowemofa~rneyfor.amf~lbeha~oftheCompanymayandshallbeexec~~ inthenameandonbehanoftheCompany,eRherbytheChairmanwtheVi~hairmanorth waVke-President oran Assistant VicePreaident. jointly with theSecretary or an Assistant Secretary, undertheir respeccivedesignations. The signatureof suchofficers may beengrav or lithographed.” I furlher certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fielity and surety business in each of the States of the United States of America, District of Columbia, Pua PrOvinceSofCanadawiththeexceptionof PrinceEdwardtsland andisalsodutyticensedtobecomesolesuretyonbonds. undertakings, etc.. permittedorrequired bylaw. I. the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY. do hereby certify that the foregoing Power of Attorney is in full force and effect. 85 11s- MAY dayof 3LST f SaidCompanyat Warren. N.J., this J A~lstant Secretary Form 21-10.0333(Rev. 0 * MARCH 9, 1987 TO: LEE RAUTENKRANZ, CITY CLERK FROM: GENE KELLOGG, POLICE CAPTAIN SAFETY CENTER FACILITY MANAGER (q< L SAFETY CENTER HEATING AND AIR CONDITIONING As you are aware, we have had significant problems with the heating and air conditioning systems since moving into the safety center in late November 19t While the contractor, Kinney Air Conditioning, has been very responsive and 1 worked diligently on trying to solve the problems, the fact remains that thc system is not and has not functioned satisfactorily since we moved in. I ha\, talked at length with Mike Brooks, City Project Coordinator, about the problc He has suggested the city withhold any remaining money owed to Kinney Air Conditioning until the system is repaired and operating satisfactorily. I an advised the city holds a retainer fee of approximately $40,000 that is schec to be released in approximately two weeks. Please consider this a formal rec to withhold any further payments to Kinney Air Conditioning or its subcontrac until the problem is resolved to the city's satisfaction. GRK: db dydy .# 3h * c: fkity Manager Fire Chief Police Chief Koll Company Kinney Air Conditioning ~~~~~~~~~ 4 LE" j -++. , >'/ n'-r 7 m 6-7a-t I" big B ,&EWKS OFi 87HAR a! 414 8 CITY Of CARLSE MARCH 9, 1987 TO : LEE RAUTENKRANZ, CITY CLERK FROM: GENE KELLOGG, POLICE CAPTAIN SAFETY CENTER FACILITY MANAGER - SAFETY CENTER HEATING AND AIR CONDITIONING As you are aware, we have had significant problems with the heating and air conditioning systems since moving into the safety center in lat-5 November 198 While the contractor, Kinney Air Conditioning, has been very responsive and h worked diligently on trying to solve the problems, the fact remains that the system is not and has not functioned satisfactorily since we moved in. I hav talked at length with Mike Brooks, City Project Coordinator, about the proble He has suggested the city withhold any remaining money owed to Kinney Air Conditioning until the system is repaired and operating satisfactorily. I an advised the city holds a retainer fee of approximately $40,000 that is sched to be released in approximately two weeks. Please consider this a formal req to withhold any further payments to Kinney Air Conditioning or its subcontrac until the problem is resolved to the city's satisfaction. GRK: db c: City Manager Fire Chief Police Chief Koll Company Ki nney Ai r Condi ti oni ng 0 Recording Requesced By a City Clerk 1200 Elm Avenue Carlsbad, CA 92008 Return To: Y 33 605 NOTICE OF COMPLETION To All Laborers and Material Men and to Every Other Persc Interested: YOU WILL PLEASE TAKE NOTICE that on January 13, 1987, tl project consisting of HVAC at the Carlsbad Safety and Servil Center, on which Kinney Air Conditioning was the Contractor, w completed. CITY OF CARLSBAD - PROJECT COORDINATOR VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the Cif Council of said City on , 1987, accepted tt above described work as and ordered that a Notice I Completion be filed. 27 I declare under penalty of perjury that the foregoing true and correct. Executed on - <, 1987 at Carlsbad, California. / J CITY OF CARLSBAD -Aik&&-JKa- ALETHA L. RhUTEhKRANZ City Clerk 87- 06569 I -- 4 ne?? !:hi FEE -5 pi fj 37 N CERA i-. LYLE j a COUNTY !?EC&?DEU a 0 I. $ 1200 ELM AVENUE TEL CARLSBAD, CALIFORNIA 92008 (6191 Office of the City Clerk Mitt! df aarls bnb January 30, 1987 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation are the following described documents: I Notice of Completion - Engineering Elevatorsat Carlsbad Safety and Service Center; Reliable Elevators Contractor Notice of Completion - Engineering HVAC at Carlsbad Safety and Service Center Kinney Air Conditioning Contractor Notice of Completion - Engineering Fire Sprinklers at Carlsbad Safety and Service Center; Orving Engineering Contractor Notice of Completion - Engineering Electrical at Carlsbad Safety and Service Center Catton-McCutcheon Contractor Notice of Completion - Engineering Service Station Equipment at Carlsbad Safety and Service Center; Lube Life Equipment Contractor Notice of Completion - Engineering Vehicle Wash at Carlsbad Safety and Service Center; N/S Corporation Contractor Notice of Completion - Engineering Precast Concrete at Carlsbad Safety and Service Center; Tecon Pacific Contractor Notice of Completion - Engineering Miscellaneous Metal at Carlsbad Safety and Service Center; Tulsa Steel Manufacturing Contractor e e Vera L. Lyle County Recorder January 30, 1987 Page 2 Notice of Completion - Engineering Doors and Frames at Carlsbad Safety and Service Center; Estrada Hardware Contractor Notice of Completion - Engineering Concrete Masonry at Carlsbad Safety and Service Center; L.R. Hubbard Contractor Notice of Completion - Engineering Glass Block Ceilings at Carlsbad Safety and Service Center; Dittman Masonry Contractor Notice of Completion - Engineering Toilet Partitions at CArlsbad Safety and Service Center; Maloney Specialties Contractor Notice of Completion - Engineering Glazing at Calrlsbad Safety and Service Center Pacific Glass Contractor Notice of Completion - Engineering Aluminum Canopies at Carlsbad Safety and Service Center; Construction Specialties Contractor Notice of Completion - Engineering Drywall at: Carlsbad Safety and Service Center; E.F. Brady Co. Contractor Notice of Completion - Engineering Roofing at: Carlsbad Safety and Service Center Hess Roofing Contractor Notice of Completion - Engineering Sheet Metal at Carlsbad Safety and Service Center; California Sheet Metal Contractor Notice of Completion - Engineering Insulation at the Carlsbad Safety and Service Center; Dittemore Brothers Contractor Notice of Completion - Engineering Ceiling Doors at Carlsbad Safety and Service Center; Southern California Overhead Doors Contractor Notice of Completion - Engineering Pneumatic Tubes at Carlsbad Safety and Service Center; Air Link International Contractor e 0 i Vera L. Lyle County Recorder January 30, 1987 Page 3 Notice of Completion - Engineering Cabinets at Carlsbad Safety and Service Center Bowser Cabinets Contractor Notice of Completion - Engineering Tile at Carlsbad Safety and Service Center McCandless Tile Contractor Notice of Completion - Engineering Painting at Carlsbad Safety and Service Center Simmons and Wood Contractor Notice of Completion - Engineering Carpets at Carlsbad Safety and Service Center; Vincent Wentz Contractor Notice of Completion - Engineering Access Flooring at Carlsbad Safety and SErvice Center; Tate Access Floors Contractor Notice of Completion - Engineering Folding Partitions at Carlsbd Safety and Service Center; Advanced Wall Systems Contractor Notice of Completion - Engineering Window Coverings at Carlsbad Safety and Service Center; Sheward & Sons Contractor Notice of Completion - Engineering Lockers at Carlsbad Safety and Service Center Goodale Co. Contractor Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. g%!LY7 eputy City Clerk Encs. e Recording Requested By an 1'200 Elm Avenue Carlsbad, CA 92008 eturn To: City Clerk (Q NOTICE OF COMPLETION To All Laborers and Material Men and to Every Other Pers Interested: YOU WILL PLEASE TAKE NOTICE that on January 13, 1987, t project consisting of HVAC at the Carlsbad Safety and Servi Center, on which Kinney Air Conditioning was the Contractor, w completed. CITY OF CARLSBAD PROJECT COORDINATOR VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the Ci Council of said City on 27 , 1987, accepted t above described work as and ordered that a Notice Completion be filed. I declare under penalty of perjury that the foregoing true and correct. Executed on gr , 1987 at Carlsbad, California. CITY OF CARLSBAD -42kdZk 2K4- ALETHA L. RAUTERKRANZ City Clerk INSURANCE BROKERS 11565 LAUREL CANYON BLVD. MISSION HILLS, CA. 91340 (818) 898-1071 1441 S. ANAHEIM BLVD. PRODUCTSCOMPLETED OPERATIONS INDEPENDENT CONTRACTORS ALL OWhED AUTOS (PRIV PASS) ALL OWNED AUTOS ( $ky;R&:$N) NON-OWNED AUTOS GARAGE LlABlLlN CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA. 92008-1989 $SUED AS A KAYTEW OF ~~~~~~~~~3~ ONLY AME CERTIFICATE HOLDER. THIS CEXWCATE DOES N D. W. h?HITE & coMpp;Ny, INC. 660 Newport Center Drive, #350 Newport Beach, California 92660 ING COMPANY , THE ~p~?JWp &jCE AFFORDEL! 2Y THE PObiCSEB DEBCWlBED ~ER3X S SUBJECT TO ALL THE TERWI, EXCLUSIONS, PREMISESIOPERATIONS PRODUCTSICOMPLETED OPERATIONS INOEQENDENT COhTPSICTORS BROAD FORM PROPERlY DAMAGE PERSONAL INJURY ALL OWNED AUTOS (PRIV PASS 1 NON-OWNED AUTOS GARAGE LlABlLlN 1200 ELM AVENUE CARLSBAD, CA. 92008-1989