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Home My WebLink AboutN/S Corporation; 1985-07-01; 3006-3G""ist Kecording Kequested fiy an eturn lo: tj 1200 Elm Avenue Carlsbad, CA 92008 City Clerk @ 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 vehicle wash at the Carlsbad Safety a Service Center, on which N/S Corporation 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 w 2 7 , 1987, accepted t above described work as 6ompleted) and ordered that a Notice Completion be filed. I declare under penalty of perjury that the foregoing true and correct. Executed on dr , 1987 at Carlsbad, California. CITY OF CARLSBAD ALEW City Clerk Riti~7 87 06S69S " L- , "- --* i inK7 CCn L.,vr f Cd -5 &j 8 3 L VERA t. LYLE I Ft &OCH?'Y 9ECOfij'~~[j I - Sharon, Pa. 16146 -'&I" I ~2 ;Firemen's Ins. Co. of Newark N/S Corporation P. O.Box 900 Sharon, Pa. 16146 E ?sL:cv 3ER3 i 7/1/86 1 7/1/87 PRGODUCTSSICOMPLETTED O?EW.TIOMS ' INDEPENDENT CGNTRACTOPS BROAD FORM PROPERTY OAld4GE PEPSCNAL INJJRY ALL OWNED AUTCS (PR'L PASS ) B.LL CWNED AUTOS ~~$$?&&') WON-OWFED AUTOS G4WC;E LIABILITY 26W 806 74 94 ty of Carlsbad 00 Elm Avenue Attn: Purchasing ________ __ - - __ -. ._ . -. ___ -~ _- -~ - THIS CEWFIDKXTE i8 IS§UEQ AS A 33ATTBER OF INFORKATiOk! ONLY ANE NO RGQKTS UPOX THE GEWB1FBCATE HOLDER. THIS CERTIFICATE DOES M Gilbert's Insurance Agency, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY TAE POLlCllIS BE"XY 21 Vine Ave., P. 0. Box 688 Sharon, Pa. 16146 68D~PAKOES AFFORDING COVERAGE Sharon, Pa. 16146 CBP 323434 PREMISES/OPERATIONS PRODUCTSiCOMPLETED OPERATIONS PERSONAL INJURY INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL IiUJURY CBP 323434 ALL OWNED AUTOS (PRIV PASS ) ALL OWNED AUTOS (Fi7:'&2e1) NONOWNED AUTOS GARAGE LIABILITY LX 2112004 bW!3WKEWB' GG>L3?ENSABION 26W8066791 EGdPBOIEWS BIA&iL"TY TW"S CEFiT'F~~ATE E$ 28SJED AS A :fiA,TrW OF 6KFBRMAT6ON 8NBY AN EE:,S AFFORD]N:6 CO1jERAG;E Sharon, Pa. 16146 P. 0. Box 900 Sharon, Pa. 16146 CBP 323434 PREMISESIOPERATIONS PERSONAL INJbRY 1NEEPEND;NT CONTRACTORS PERSONAL INJURY ALL O'NNED AUTE (PRV W3S ) NON-CMMEO 4UTOS GAPAGE LIABILITY -I_ Carlsbad, CA 92008-1989 ATTN: Purchasing I POLICY EFFEC’VE 1 POLCY EXPIPATION i DbTE (kV/DDW i DATE (ivlM/DDPM POLICY Nb b?EES PREMISESIOPEWTiONS PRODUCTSICOiViPiiTED GPEPATICNS IYDEPENDEXT COIdTWC-OK PZRSONAL INJJPY ALL OLYMED AUTOS (PRIV PASS ) N3hl-OWi\lED AUTOS GAMGE LIABILiN ______- EPdPLCVEZS’ k:,?3:L;TY City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 i rt' ? ,% 1' N/S Corporation Bidder's Name CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA BIDDING DOCUENTS 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 (619) 292-5550 . Steve Mahoney, Project Manager 1-- -1 rc 't 1260 ELM AVENUE TE CARLSBAD, CA 92008-1989 (61! Citp of &arI$bab PURCHASING DEPARTMENT April 24, 1985 ADDWUMNO. 1 PROJECT: PUBLIC SAFETY AND smCE (2ENTER BID PACKAGE NO. 3 This addendum, receipt acknowledged, must be attached to propsal form when bid is submitted. ,~ I ackno edge receipt of Addendum Eo. 1 to Bid Package No. 3. Bi (, $my& 's Signature % - '1 1 TABLE OF CONTEYTS I tern Page - NOTICE INVITING BIDS 1- 1 PROPOSAL 5- ' BIDDER'S BOND TO ACCOMPANY PROPOSAL DESIGNATION OF SUBCONTRACTORS 11 BIDDER' S STATEMENT OF FINANCIAL RESPONSIBILITY BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 10 12 13 CONTRACT 14 - 1 LABOR AND MATERIALS BOND 18 - 1 PERFORMANCE BONO 20 - : GENERAL PROVISIONS 22 - ; CERTIFICATE OF COMPLIANCE 29 SPEC I AL PROVISIONS /SPECIF1 CAT IONS 30 - ' LIST OF CONTRACT DOCUMENTS 37 i c '1 'I Page 1 CITY OF CARLSBAD PUBLIC SAFETY AND SERVICE CENTER NOTICE INVITING BIDS The City of Carlsbad invites bids for performing the following work: Bid Package %3 - Elevators, Plurhing, 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 tl Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:OO PM on the 2nd day of May, 1985 at which time they will be opened atx read aloud. 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. specifications for full particulars and description of the work. The work, a portion of the total Public Safety and Service Center Projec involves complete sitework development of twenty-six (26) acres includin 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 ( the Phase One construction orograrn. 2. Reference is hereby made to said 3. 4. Koll Construction Company will provide construction management services the City of Carlsbad and shall organize, monitor, coordinate and direct phases of the construction at the Public Safety and Service Center. Plans, specifications and bidding documents may be obtained at the Purchasing Department, City Hall, Carlsbad, California, after April 8, to licensed Contractors for a non-refundable fee as follows. Please ca ahead to reserve your documents, (619) 438-5601. 5. Bid Package No Cost Complete Set, Specifications Included $50.00 1 .oo Mechanical (M-I thru M-9) 5.00 Plun6ing (P-1 thru P-8) 5 .00 Architectural (AC- 1 thru A-60A) 20.00 Equipment (EQ-1 and EQ-2) Structural (S-1 thru S-16) 10 .oo Electrical (E-? thru E-20) 10 .oo Cmplete documents are available for review at the following loactions Construction Plan Rooms Koll Construction Company, 7330 Engineer Road, San Diego, CA 9211 I , 1 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. All questions and requests for information shall be directed Koll Construct ion Company , (61 9 ) 292-5550, Steve Mahoney. 6. 7. 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 t withheld until the contract has been fully executed. The cash, cashier': check or certified checks submitted by all other unsuccessful bidders shi be returned to them within ten (10) 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 ai execution are the following: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Ridder'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 authorize by the corporate by-laws are required and the corporate seal shall be affixed to all documents requiring signatures. 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 Professions Code. The Contractor shall state his/her license nur&er and c Lassif icat ion in the proposal. The City of Carlsbad reserves the right to reject any or all bids and tc waive any minor irregularity or informality in such bids. In the case of a 10. i ,- 1 Page 3 11. Bids shall not modify or contain any recapitulation of the work to be done Alternate proposals will not be considered unless called for. No oral or telegraphic changes to the bidding documents will be considered. 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 (Sa 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. Bonds shall be prepared on the forms included within the bid package. Sureties shall be licensed and registered in the State of California and subject to approval by the City. 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 closui 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 bredcdown 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 thc work has been completed and if progress on and quality of the work is satisfactory as determined by the Construction Manager, the deduction to I made from the remaining progress payments and from the final 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 Notice of Leins or unpaid bills are on file with the City, shall be made thirty-five (35) calendar days after acceptance of the canpleted work. City Council approval and filing of a Notice of Canpletion shall constitui said acceptance. Application for payments and dispersement of funds will be made through the Construction Manager. The Contractor may, at his/her option, substitute securities, as speciflet by Government Code Section 16340, for the retention held on this contract At the request and expense of the Contractor, securities equivalent to thc amount withheld may be deposited with the City or with a state or federal 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. 12. 13. The Contractor *, I \ , 1 Paqe 4 The bid documents are intended to he comolementary 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 2 services necessary for the proper execution of the work. 14. 15. If any person contemplating submitting 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 cnnissior from the drawings or mecification, a request may be submitted to the person named on the title paqe of the contract documents for the interpretation or correction thereof. Any interpretation or correction c 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. Any addenda issued by the City during time of bidding,. or forming a part the documents delivered to the Bidder, shall be 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 acknowledqement of addenda may be cause for rejection of bid. 16. 17. No person, firm or corporation shall be allowed to make or file or be interested in mre than one (1) bid for the same work, unless alternate bids are called for. A person, firm or corporation submitting a subproposal to a bidder, or who has quoted prices on materials to a Riddc 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 relati! 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 swcified work as will not cause any interruptions or interference with any other Contractor. The Contractor shall comply with the provisions of California Labor Code Part 7, Chapter 1, commencing with Section 1720. 19. 20. The Contractor shall not pay less than the specified prevailing rates of wages established oursuant to Section 1773.2 of the California Labor Cod A copy of the current applicable wage rates is on file in the Office of Carlsbad City Clerk. Approved by the City Council of the City of Carlsbad No. 79&3 , adopted on theAah day of flfgll ’ , 19gs( California, by Resoluti a&& 9 /SF 5- ( lLt&;8. 4* @- ALETHA L. RAUTENKRANZ, City Clerkd Date 1 * .., ~* 1 Page f CITY OF CASLSBAD PIJRLIC SAFETY AND SERVICE ENTES CONTRACT NO. 3006 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the wo read the Notice Inviting Bids, examined the plans and specifications, and her proposes to furnish all labor, materials, equipment, transoortation and servil 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 followinq proposal form includes work associated with the sitework bid package #L items 3~-lthrough 3L-J 1. Proposals for the work shall include separate prices for each item of wc bid: ?id P3A, or Bid lf35, etc. A proposal for work may include a bidde combination for any or all items of work, but must also include bids for each separate item. Award on a combination bid will only be made if it the lowest of any possible combination of bids _I and is lower than the tot bids of the Lowest responsible bidders on the particular items of work makinq (JD that combination bid. The City reserves the riqht to (a> awar separate contracts for each bid item, or each combination of bids, or (h make no award at all. dNote: If not bidding on an item of work, the bidder shall state "no bid Proposals for the work in each bid package shall be cmdete per the pla specifications and contract documents. Items listed in the special provisions are for clarifcation only and shall not he considered as a complete list of all the required work. *4 2. 3. Quantities of materials and earthwork used on the plans are for permit purposes only. All bidding contractors are required to complete their ( quantity take offs, and submit lump sum bids for all work unless soecifj unit prices are requested within the special provisions. 4. Addendum(a) No(s). 1 been received an@/* included in this proposal. x , .< 1 Page t Bid Item I! ELEVATORS "no b i d " --- 3A- 1 Complete elevator work for the lump sum amount of ---A ~~ -- $ "no bid" $ ____ - (Based on two (2) holelesshydraulic elevators. 7 -- 3A-2 Complete elevator work for the lump sum amount of - (Based on two (2) traditronal hydraulic elevators.) Additive cost to bid item 3A-2 for excavating holes through rock for the lump sum amount of "no bid" 3A-3 --I_- - I pl_l_- -- S PLUMBING 38- 1 Complete plurrbing work for the lump sum amount of "no bid" __1-_^ I_----I $ - - 38-2 Deductive cost from bid item 36-1 for utilizing plastic pipe in lia cast iron as specified for the lump sum amount of -- "no bid" - -7-3 -- -- FIRE SPRINKLERS 3C- I Complete fire sprinkler work for the lump sum amount of ---- "no bid" $ -- H.V.A.C. "no b i d " 3D- 1 Complete H.V.A.C. work for the lump sum amount of I - -- - -- $ E LE CTRI CAL lt 3E- 1 Complete electrical work for the lump sum amount of -_I_ no bid'' - $ ... 1 Page Deductive cost fromtlbid itern, 3E-1 for concrete pole bases for the lur sum amount of 3E-2 no - bid -.- 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 new facility for the lump sum amount of "no b i d " .. VEHICLE WASH 3G- 1 Comolete vehicle wash work for the lump sum amount of $57,200*0_0 Fifty Seven Thousand Two Hundred OO/-s. N/S Model CTV-512, cosb-10, Water Reclamation System. I Bidding per plans & specifications. L* $ $!i7,200.00 FINISH HARDWARE 3H- 1 Complete finish hardwre F.O.R. jobsite for the lump sum amount of I' no b i d " p- $ I_ COMRINATION BID 31- 1 Combination Rid No's. -- For the lump sum amount of - "no b i d " A $ Note: Bidders must also bid these individual bid item number separ at el y . dl 6 bps 4$ cll e,& & i 1 Page 8 All bids are to be computed on a lump sum basis with separated unit price: when requested, as indicated in this proposal. In case of a discrepancy between words and figures, the words shall prevail. 5. 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 becomc the property of the City of Carlsbad. 8. Contractors shall be licensed in accordance with the Statutes of the Stat 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 of Carlsbad is personally interested, directly or indirectly, in thi 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 him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and b. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respect fair and without collusion or fraud. IO. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with t provisions of that code, and aqrees to comply with such provisions before commencing the performance of the work of this contract. 11. The undersigned is aware of the provisions of the State of California Lak 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. I Page 9 Accompanying this proposal is - bid bond -- in an amount of not less than ten percent (10%) of the total bid price. (Cash, Certified Check, Bond or Cashier's Check) FR-OHB 12-652977 -- 25-1190381 N/S Corporation Bidder's Name State License No. Employer I .O.- No Lane Martin -- 235 w. Florence Ave. -II_ - Bidder's Address N ame Inglewood, CA 90301 . 7.- (213) 412-7074 4/29/85 yu Lane .Martin Phone No. Date Corporation - Type of Organization (Individual, Corporation , Partners hip ) List below names of President; Secretary; Treasurer; and Manager, if a corporation, and names of all partners, if a partnership: Philip M. Black, - Vice President of -I G.Thomas Ennis, President -- Secretary -- John Nugent, Vice-president - Lane Martin, Division Manager ( NOTORIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MlJST RE ATTACHED) , Page BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, I- , as Principal, C <\ as Surety, are held and firmly bou unto the City of Carlsbad', California, in the sum of Dollars ($ 1, 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 if the proposal of the above-bounden principal for: 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, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, 1 is agreed that the death of any such Principal shall not exonerate the Suret) from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day ( 9 19-* Surety Principal \. / BY BY Title - Title (Attach acknowledgement of Attorney in Fact) (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) (Corporate Seal if corporation) - -. -I *V-$w % # ,-------#-Em .&e ~ p BID BOND Continental Insurance Companies KNOW .4LL MEN BY THESE PRESENTS: That, ............... .N./!s. ..Co.?3?orati.O??... ......................................................................................................... of .... P.. .... ?.-...Bo.X...933., .... ?!ha~.on ........................................................ , State of ... ?.e hereinafter called the Principal, and ... .F,iT.%??C.??.1 .s...Ins.ur.anc.e...com~a.nY., .O.f. ..@.ewark.,. . ..N.:.J: hereinafter called the Surety, are held and firmly bound unto ... c.itY ... 0.f ... C.ar ............................................................................................................................................. I .............. n II II II II II 11 II !I II [I II !I II !I II ............................................................................................................................................................................ ......................................................................................................................................................................... of L.?g.P.. .Elm. ..A~enu.e.r.. .Car.l.sb.ad ................................................ , State of .... CA f... ......... 920 .......... 109 of the bid ? ......................................................................................... ........................................................................................................................................................................ I themselves for the payment whereof to the 0bligee.S ....... the Principal s bind .................................................. heirs, exc administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly t pres en ts . hereinafter called the Obligee, in the sum of Signed, sealed and dated this ....... 2.6.th ................ day of ...... Apr.il ......................... , I U’hereas the Principal is herewith submitting the accompanying bid dated ....M ay...? Ject...#.3o.P16.-.3G./ .... ve!?.i.c.le..wa.sh .... a!?.d..water ..rec&.?i.??..,sY ste ........................................................................................................................................................................... Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or a1 items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, an Principal will, within the period specified therefore, or, if no period be specified, within ten (10) da: notice of the award of the contract, enter into contract with the Obligee, to furnish all work and materia prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as nay be rc for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contrz give such bond within the period specified therefore, or, if no period be specified, within ten (10) days af notice of award of contract the difference in money between the amount of the bid of the Principal on I and material so accepted, and the amount for which the Obligee may contract with others for such q material, if the latter amount be in excess of the former, but in no event shall the Ssrety’s liability ex( penal sum hereof. In Witness Whereof, this instrument has been executed cipal and the Surety. . J. .......... FIR ......... Sure) .............. Attoi 2 #&W-lC=X-----U---*-N 29 Bond 1264B ’55 Printed .Firemen's Insurance Compmy of Newark, New Jersey 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY rc 1 Know all men by these PreSentS,That the FIREMEN'S INSURANCE COMPANY OF NEWA JERSEY has made. constituted and, appointed. and by these presents does make, constitute and appoint - Thomas G. Kachulis or H. H. Hanson or David A:Winland all of Sharon, Pennsylvania, its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as sure undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in ar sum of Five-Hundred Thousand- ($500,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of,the follow lution adopted bythe Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY i ing duly called and held on the 20th day of February, 1975. "RESOLVED. that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senio ident or a Vice President of the Company., be, and that each or any of them hereby is. authorized to execute Powers of Attorney qualifyil ney named in the given Power of Attorney to execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bc takings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any 01 by is. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHE,R RESOLVED, that the signatures of such officers and'the seal of the Company may be affixed to any such Power of Attorn certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal s and binding upon the Company when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to whict ed." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its of to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Asii Presidents this 3rd day of January, 1979 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JER! Attest: 9- aBY '-i e... t. .:* !* *@!f!y&/ dit%zt M.L. Ford, Vice-president .#. T.H. Stephens. Assistant Vice President +;i;r-.... . ,is' 8t ss.: t STATE Of NEW YORK, COUNTY OF NEW YORK, On this 3rd day of January, 1979, before me personally came M.L. Ford, to me known, who being by me dl did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Avc he is a Vice-president of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed t instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation ai signed his name thereto by like order. r*,,,w"". $&.?!&& -. &.*;or*d'>.$5 &:.. PUBL\C.+$ i : - I,i +. *,% ....... *'@$ ",;,:;,:;$.-* CERTIFICATE ETHEL TARANTO NOTARY PUBLIC, State of New York No. 24 -46631 17 Oual. in Kings CounIy Commission Expires March 30, 19% I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Po torney; is now 'in force. Signed and sealed at the City of New York. Dated the 2 6 th day of April ,i9 85. 3;1. 2 :: Ff?.$i '+!!@!.,#, p James M. Keane. Assistant Secret 21 BOND 431SF rw Prir \?,,, - {:' *4j2y:..ci<:* .:. Y I Page 1’ DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed Contractors in making UD his/her bid and that the subcontractors listed will bc used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with apDlicable provisions of the specifications. No changes may be made in these subcontractors except upon the Drior approval ( the City Engineer or the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attazhed, if r eq ui r ed : Work - Company Name Plumbing -- -- Bob -and Marc Plumbins - Electrical Rock Electric - I__- e -. _. -._ - - - _1-- CI i - -- - _I - - _II- - a Y _I > is 4%- h(&Z 8_ 4 S ig n a tu re L Page BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. Either a current audited income tax or rxofit/loss st at ement . S ign atur e (Notarize or Corporate Seal) si PAGE L I t BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith, a notarized or sealed statement of his/her financial responsibility. or profit/loss statement. Either a current audited income tax NCYTARIZE OR CDFPOEUTE SEAL Vice President oi Fiiiance 9 + 4 8 0 9 N / S CORPORATION e FINANCIAL STATEMENTS AS OF 9 DECEMBER 31, 1984 AND 1983 TOGETHER WITH AUDITORS' REPORT a a e 0 a L4z4x#& 9%EAAb&Pd=v+P&- Bzz.cA5 B& & Yd V+P&U 0 07 RENO STE SHARON. PENNS’ (41 2) 981 -7’ JAMES E. BLACK. C P A THOMAS W. EASHOR. C P A ALAN J. PORSCH. C P A JOHN T. MASTRIAN. C PA BARRY E. MCCANN. C PA AND 12 CANAL ST GREENVILLE. PENF. @ DENNIS J. LIEB. C P A February 25, 1985 (4 12) 588-9 GARY B. ROSE. C P A JOHN K. WILLIAMS. C PA JOHN E. CAMPBELL. C PA TERRI L. CLARK-KREMIS. C P A N/S Corporation P. 0. Box 933 Sharon, Pennsylvania 16146 0 Gentlemen: We have examined the balance sheet of N/S Corporation as of December 31, 1984 and 1983, and the related statements of income and retained earnings and changes in financial position for the years then ended. with generally accepted auditing standards and, accordingly, included such tests the accounting records and such other auditing procedures as we considered necess Our examination was made in accorda * in the circumstances. In our opinion, the aforementioned financial statements present fairly the financ position of N/S Corporation as of December 31, 1984 and 1983, and the results of operations and the changes in financial position for the years then ended, in con formity with generally accepted accounting principles applied on a basis consiste with that of the preceding year. 0 0 h-l / &L/C/L, / /$ IA I, ) L/&+-l., ‘r /(L4d * 0 a N / 3 LUKYUKAllUN . BALANCE SHEET AS OF DECEMBER 31, 1984 AND 1983 1983 - 1984 - ASSETS ----__ CURRENT ASSETS: - Cash ........................................................ 41,348 $ -0 Accounts Receivable - Trade (Note "1") 1,055,048 885 , 9 Merchandise Inventory (Note "1") ........................... 569 , 692 430,2 Prepaid Insurance .......................................... 19,916 14,4 ..................... ............................... Prepaid Corporate Taxes..... 45,314 38,9 Account Receivable - Other................................. 17,427 4,21 Miscellaneous Items........................................ -0- 1 Notes Receivable - Current Portion (Note "5") 3,144 2,81 .............. TOTAL CURRENT ASSETS:- $ 1,751,889 $ 1,376,7 PROPERTY AND EQUIPMENT (NOTE "1") : - Land .......................................................$ 50,828 $ 50,8; Buildings .................................................. 324,624 324,6i Equipment - Route 18........... 5,645 5,6L Leasehold Improvements.... 42,918 16,55 Equipment and Machinery 191,973 150 , 94 Office Equipment and Fixtures.............................. 204,970 189,lE 232 , 1C Vehicles.. 257 , 404 ............................ ................................. .................................... ................................................. $ 1,078,362 $ 969,gz LESS: Accumulated Depreciation ...........................( 489,036) ( 359,69 NET PROPERTY AND EQUIPMENT:- $ 589,326 $ 610,23 OTHER ASSETS:- Notes Receivable - Long-Term Portion (Note "5") ............$ 552,970 $ 556,02 TOTAL ASSETS:- $ 2,894,185 $ 2,542,98 2%2?24,2zL&42&&9d-v+Y&- EXHIBI r) ' 1 - 8 1984 LIABILITIES ----------- CURRENT LIABILITIES : - Accounts Payable - Trade .................................$ 254,772 $ 2 Notes and Mortgage Payable - Current Portion (Note "2"). . Accrued Payroll and Sales Taxes.......................... 0 91,725 19,063 Corporate Taxes Payable - Current Year (Note "1"). ....... 96,758 Accrued Wages and Commissions............................ 76,267 1 Accrued Pension Plan Contributions (Note "4") ............ 65,500 1 Deferred Corporate Taxes Payable (Note "l").. ............ 272,871 2 0 TOTAL CURRENT LIABILITIES:- $ 876,956 $ 9 LONG-TERM LIABILITIES:- Notes Payable - Long-Term Portion (Note "2"). ........... .$ 597,918 $ 5 0 DEFERRED CREDITS : - Customer Deposits (Note "1"). ............................$ 74,604 $ TOTAL LIABILITIES:- $ 1,549,478 $ 1,4 STOCKHOLDERS' EQUITY -__-___------ - ---- Q CAPITAL STOCK: - Authorized to Issue 100,000 Shares of $ 1 Par Value Capital Stock; Issued and Outstanding are 73,800 Shares.. ........................................ $ 73,800 $ CAPITAL CONTRIBUTED IN EXCESS OF PAR:- $ 21,326 $ RETAINED EARNINGS : - * Balance as of January 1. ................................. $ 1,001,664 $ 8 ADD: Net Income for the Years Ended December 31......... 247,917 1 a BALANCE AS OF DECEMBER 31:- $ 1,249,581 $ i,a TOTAL STOCKHOLDERS' EQUITY:- $ 1,344,707 - $ l,C TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY:- $ 2,894,185 $ 2.5 0 @ The Accompanying Notes are an Integral Part of These Statements 0 6&xc46,24?-&&Pd=~+~&~ -2- - , - - - ___ -1-L AVLI C~Lfll & STATEMENT OF INCOME FOR THE YEARS ENDED DECEMBER 31, 1984 AND 1983 1984 1983 - AMOUNT PERCENT MOUNT e SALES : - Equipment ............................$ 4,168,244 $ 3,550,632 Installation Charges ................. 455,785 303,596 Freight Charges - Equipment .......... 155 , 923 14 1 , 304 Parts.. .............................. 573,036 460,557 a Freight Charges - Parts.............. 39 , 035 29 , 298 Maintenance and Service Work......... 33,311 39,090 Lease Sales.......................... 54 , 540 103 , 350 Contracting and Resale............... 40 , 785 63,838 TOTAL SALES:- $ 5,520,659 $ 4,691,665 a LESS: Sale - Discounts and Returns..................... 50,315 23 , 700 NET SALES:- $ 5,470,344 100.00 $ 4,667,965 COST OF SALES:- $ 1,881,372 34.39 $ 1,677,400 GROSS PROFIT:- $ 3,588,972 65.61 $ 2,990,565 OPERATING EXPENSES:- Equipment Installation. ..............$ 517,687 9.46 $ 263,682 Parts and Service.................... 449 , 316 8.21 330 , 907 3 Sales Operations. .................... 495 , 149 9.05 430 , 243 Research and Development... .......... 458,765 8.39 391,927 Administrative and Overhead.......... 1,230,765 22.50 1 , 242 , 363 Contracting and Leasing .............. 43,527 .80 87,360 TOTAL OPERATING EXPENSES:- $ 3,195,209 58.41 $ 2,746,482 NET OPERATING INCOME:- $ 393,763 7.20 $ 244,083 ADD: Other Income................... 1,816 .03 11,933 3 NET INCOME BEFORE 3 CORPORATE TAXES : - $ 395,579 7.23 $ 256,016 LESS: Corporate Taxes................ 147,662 2.70 71,955 NET INCOME:- s 247,917 4.53 $ 184,061 EARNINGS PER SHARE:- $ 3.36 $ 2.49 3 - 3 The Accompanying Notes are an Integral Part of These Statements e L&z.cA, 22L4lA&&Pd=%+P&- -3- N/S CORPORATION EXHIB: > STATEMENT OF CHANGES IN FINANCIAL POSITION FOR THE YEARS ENDED DECEMBER 31, 1984 AND 1983 0 1984 1 0 - FUNDS PROVIDED : - Net Income ................................................$ 247,917 $ 1 ADD: Items Not Requiring Outlay of Working Capital During the Current Period - .................................... 1 ' Depreciation 145 , 222 ................. 5,500 (- (Gain) Loss on Sale of Assets.. TOTAL FUNDS FROM OPERATIONS:- $ 398,639 $ : Reduction of Notes Receivable - Long-Term Portion......... 3 , 054 -0- 89 , 196 46 , 223 Proceeds from Sale of Assets. ............................. Net Increase in Long-Term Debt ............................ Increase in Customer Deposits. ............................ 0 TOTAL FUNDS PROVIDED:- $ 537,112 $ 3 ' FUNDS APPLIED:- Purchase of Property and Equipment ........................$ 129,814 $ 1 1 TOTAL FUNDS APPLIED:- $ 129,814 $ 3 INCREASE IN WORKING CAPITAL:- 407,298 $ $ ............................ Reduction of Long-Term Debt... -0- ' CHANGES WHICH RESULTED IN A WORKING CAPITAL INCREASE (DECREASE) :- Cash ......................................................$ 41,348 ($ 2 169 , 140 4 Accounts Receivable - Trade........ ....................... ' Accounts Receivable - Other ............................... 13,227 ( Inventories ............................................... 139,472 Prepaid and Miscellaneous Items. .......................... Note Receivable - Current Portion. ........................ 264 ( Accounts Payable - Trade .................................. 23,742 ( 11,712 Notes and Mortgage Payable - Current Portion.............. Accrued Payroll and Sales Taxes ..........................( Corporate Taxes Payable and Deferred .....................( 119,034) ( 3,980 1,484) 0 Accrued Wages and Commissions. ............................ 40,431 ( Miscellaneous Payables .................................... -0- ..................... 1 Accrued Pension Plan Contributions... 84,500 ( 0 INCREASE IN WORKING CAPITAL : - 407.298 .$ $ ' The Accompanying Notes are an Integral Part of These Statements 0 B%CA, L2%XA&&9&=%+9&- -4- N /S CORPORATION NOTES TO THE FINANCIAL STATEMENTS AS OF DECEMBER 31, 1984 a a 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES DEPRECIATION POLICY The policy of this corporation is to provide for depreciation of propert: equipment by the straight-line and accelerated methods, at annual rates : ficient to amortize the cost of the asset during its estimated useful li The estimated useful lives of the various classes of depreciable assets q as follows: 0 Building .................................. 7 - 30 Years Leasehold Improvements.. .................. 8 - 15 Years Machinery and Equipment ................... 4 - 10 Years 0 Office Equipment .......................... 4 - 7 Years Vehicles.................................. 3 - 7 Years Depreciation expense for the year totalled $ 145,222. Property and equipment, including betterments to existing facilities, arf stated at cost. Maintenance and repairs are charged to expense as incur] Retirements and other disposals of property are removed from the accounts their carrying values; any gains or losses resulting from dispositions ai reflected as income. CUSTOMER DEPOSITS AM) SALES Sales are recognized when the completed unit is shipped to the purchaser, payments received before the shipping date are held in a deferred credit until the units are finished and shipped. ACCOUNTING FOR UNCOLLECTIBLE ACCOUNTS The corporation follows the consistent policy of writing off all account: sidered to be uncollectible at the end of the year. An amount of $ 47,OL 1984 and $ 83,408 in 1983, has been charged against income. All recover] prior years' write-offs are taken into income in the year received. MERCHANDISE INVENTORY The inventory is valued at the lower of cost or market on the first-in, f out (FIFO) basis. TAX CREDITS The investment tax credit is recorded under the flow-through method of ac ing as a reduction of the current provision for Federal income taxes and, ingly, an amount of $ 5,687 in 1984 and $ 9,439 in 1983, has been applied reduction of the provision for income taxes. In addition, research and d ment tax credits in the amount of $ 31,806 have been applied as a reducti 1984 income taxes. EARNINGS PER SHARE Earnings per share is calculated based on the weighted average of common outstanding during the year. There are no common share equivalents to co in this calculation. 0 0 0 0 0 a e 9%x4A$9%zAA2&&9d-g+9&- -5- N/S CORPORATION NOTES TO THE FINANCIAL STATEMENTS AS OF DECEMBER 31, 1984 > a 0 FEDERAL INCOME TAXES The accompanying financial statements reflect the income earned from inst, ment sales and long-term contracts. Income tax laws permit different tre; ment of such sales as well as depreciation deductions in the determinatiol taxable income generally resulting in the postponement of income tax paymc The resulting tax effects are deferred in the financial statements. The components of the corporate taxes are as follows: e 1983 - 1984 a Current..... .....................$ 96,758 $ 26,940 Deferred......................... 50,904 45,015 TOTAL : - $ 147,662 $ 71,955 A reconciliation of income tax expense at the statutory rate to income tax expense at the company's effective rate for 1984, is as follows: Computed State Tax at Statutory Rate... .......$ 41,271 Computed Federal Tax at Statutory Rate........ 164,134 Surtax Exemption......... ....................( 20,250) Investment Tax Credit.. ......................( 5,687) e Research and Development Credit ..............( 31,806) 0 INCOME TAX EXPENSE:- $ 147,662 LEASES The corporation leases its California plant from G. Thomas Ennis and John Nugent. The current rental is $ 10,000 per month with an expiration date June, 1992. The minimum payments for all leases with expiration dates in excess of one year is as follows: a 0 1985 ..........................................$ 120,000 1986.......................................... 120,000 1987.......................................... 120,000 1988.......................................... 120,000 1989 to 1992.................................. 420,000 TOTAL : - $ 900,000 a 0 0 Lit&%$, %2k&2&&9d=V+9&- -6- N/ S CORPORATION 5 NOTES TO THE FINANCIAL STATEMENTS e 1 AS OF DECEMBER 31, 1984 2. DEBT - The debt of N/S Corporation as of December 31, 1984, is as follows: CURRENT LONG-TERM TOTA: - e P ORT I ON PORT ION Installment and Term Loans Payable to McDowell National Bank and others secured by various vehicles and equipment ..........$ 22,725 $ 15,794 $ 38 Note Payable - Huntington Bank, Cleveland, Ohio, used for working capital, and secured by the ac- counts receivable and inventory shown as assets on the accompanying balance sheet. This represents proceeds taken down on a revolving line of credit of $ 1,000,000 and is due and payable on May 31, 1986. Interest is paid at an annual rate of 14.5%................................ -0- 350,000 35 0 Mortgage Payable to McDowell National Bank, secured by the plant and offices located at Wheatland-Farrell Road and payable at an annual interest e rate of 13.75%. The current 0 e monthly payments are $ 2,681.. .......... 9,000 142,124 151 Term Note Payable - Huntington Bank, Cleveland, Ohio, the pro- ceeds of which were loaned to e officers of the corporation. This loan is secured by real estate owned by the officers and is payable at an annual interest rate of 12.0%.................. 60,000 90,000 150 $ 597,918 $ 689 TOTALS : - $ 91,725 e Gross interest deducted on these financial statements is $ 83,060. e 0 ga, LzdZm&9d-%+9&- -7- N/S CORPORATION NOTES TO THE FINANCIAL STATEMENTS AS OF DECEMBER 31, 1984 0 1 e Maturities for the next five years are as follows: 1985. ........................................$ 91,725 1986......................................... 202,045 1987......................................... 158,183 lggg......................................... 128,906 0 1989......................................... 13,600 Beyond......... .............................. 95,124 3. INVESTMENTS The corporation owns 100% of the outstanding stock of N/S Car Wash Enterpi e ' Inc. - Canada, a subsidiary. The corporation uses the equity method to ac for its investment in the subsidiary, and thus records 100% of the subsidj profits or losses on its financial statements. The value of the subsidiai of the balance sheet date has been reduced to $ - 0 - in accordance with 5 ally accepted accounting principles, as the subsidiary has a deficit equit balance. The corporation is currently inactive. e 4. PENSION PLAN CONTRIBUTION The corporation has initiated an employee stock ownership plan as of Januz 1980. The trust invests its funds in the securities of N/S Corporation 01 any other manner as determined by the plan administrator. The contributic the plan were $ 130,223 in 1984 and $ 150,000 in 1983, with an approximate equity of $ 382,000 as of December 31, 1984. 0 5. NOTES RECEIVABLE - OFFICERS The notes receivable - officers consists of the following: e CURRENT LONG-TERM PORTION PORTION TOTAL Note Receivable - John W. Nugent, with interest at 12% annually .........$ 1,468 $ 258,154 $ 259,64 Note Receivable - John W. Nugent and G. Thomas Ennis, with interest at 12%................................ 1,676 294,816 296,45 0 TOTALS : - $ 3.144 $ 552,970 3 556.11 e 6. STOCK SPLIT On May 25, 1984, the Board of Directors authorized a ten for 1 stock split there-by increasing the number of issued and outstanding shares to $ 73,80 and decreasing the par value of each share to $ 1. All references in the accompanying financial statements to the number of common shares and per s amounts for 1983, have been restated to reflect the stock split. e 0 9az.u& %Z4wL2&&9d-%+g&- -8- 1-- I 1 I----+-- I I 1 - .---I-----+-- 1 6 Page CONTRACT by and between the City of Carlshad, California, a municipal day Of +? corp ration 19-i THIS AGREEMENT, made and entered into this (hereinafter called "City"), and N/A Coruoration (hereinafter called "Contractor".) City and Contractor agree as follows: 1 s 7- 1. Description of Work. Contractor shall perform all work specified in the contract documents for: Contract No. 3006-36 - Vehicle Wash, Public Safety and Service Center (hereinafter called "projectf1) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified the cont r act docume nt s . 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 ai incorporated herein by this reference. 4. Payment. As full compensation for Contractors performance of work undei this contract, City shall make payment to Contractor Der the terms outlj in the Notice Inviting Bids, Item 13. Contract amount Fifty-Seven Thaw - Two Hundred and OO/lOO $- Payment of undisputed contract mounts shall be contingent upon Contract furnishing City with a release of all claims against City and Constructl Manager arising by virtue of this contract as it relates to those amount Extra compensation equal to 50 percent of the net savings may be paid tr Contractor for cost reduction changes in the olans or specifications mac 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. 5. Independent Investiqation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, ani 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 tl 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 Conditions 'nclyd' n round conditions and has not relied on informatioA burnistiea g!dERy. 1 Page I! 6. Contractor Responsible for Unforeseen ConditAions. Contractor shall be responsible for all loss or damage arising out of the nature of the work 1 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 withoi 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. Prevqiling Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the qeneral prevailing rates of per diem waqes 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, claj or other action brouqht 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 responsibilj for negliqence. 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 t< indemnify City for losses caused by the active negligence of City. IO. Contractor shall provide Certificates of Insurance evidencing coverage it amounts not less than the following: 1 Page 1 Coverage Combined Single Limit General Liability 500,000 Products /Complet ed 0 per at ions 500,000 Blanket Cont r act ur a1 Contractor's Protective 500,000 Excess Liability 500,000 Other Automobile Liability $ 500,000 500,000 Personal Injury 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 i additional insured on all policies concerning the subject matter or performance of this contract. 11. Wqrkers 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 Paragrq 10 and 11 or proof of workers' comoensation 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 expiratj of at least thirty (30) days after written notice of such cancellation ht been given 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 i 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 14. Maintenance of Records. Contractor shall maintain and make available to 13. Any controversy or claim in any amount up to $100,000 arisj Civil Procedure, Section 1296. the City, upon request, records in accordance with Sections 1776 and 181; 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. 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 s forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. STATE OF: Pennsylvania COUNTY OF: Mercer ( Not ari a1 acknowledgement of execution by ALL PRINCIPALS must be attached.) ON this 5th day of June , 19 85, before me personally appeared Philip M. Black , to me known to be the person (s) or member (s) of the part- that sLgne6 -:;hz foregoing instrument Title BY, nershi;? or cfficer(s) of the corporati Tzz-- d~e6. the execution of the F.O. Box #9OO ShaPon, Femsylvania 16146 Contractor I s P r i nci p a1 ' P 1 ace of Ru si n es CITY 0 CARLSRAD, C IFORNIA BY c;/ I/" &-LL - City l2&27fL& Clerk @y ATTEST: 2l- Mayor J 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 liabilit undertake self-insurance in accordance with t will comply with such provisions before c of this contract .'I L Page ' LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 8015 adopted May 14, 1985 , has awarded N S Cor , hereinafter designa itr act for: Contract 3006-36 - Vehicle Wash, 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 with said contract, provid that if said Principal or any of hisjher or its subcontractors shall fail to 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 Y or labor done thereon of any kind, the Surety on this bond will pay the same the extent hereinafter set forth. NOW, THEREFORE, WE, - N/S Corporation as Principal, hereinafter designated as the "Contractor", and Firemen's,Insurance Companv of New as Surety, are held and firmly bound unto%e City of Carlsbad, in the sum oi Twenty eiqht thousand six hundred & OO/& ** Dollars ($28,600. oo** said sum being equal to 50 percent (5%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successor! 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 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, o for amounts due under the Unemployment Insurance Code with respect to such w or labor, that the Surety or Sureties will pay for the same, in an amount no exceeding the sum specified in the bond, and also, in case suit is brought u the bond, a reasonable attorney's fee, to be fixed by the court, as required the provisions of Section 4202 of the Government Code of the State of California. N- ,TI 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 provisions 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 Surety above named on the 5th day of -- (Notarize or Corporate Seal for Each Signer) Co nt r act or FIREMEN'S INSURANCE COMPANY OF NE & ‘ - Firemen’s Insurance Company of Newark, New Jersey . 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these PreSentS,That the FIREMEN’S INSURANCE COMPANY OF NEWA JERSEY has made. constituted and appointed. and by these presents does make, constitute and appoint Thomas G. Kachulis or H. H. Hanson or David A:Winland all of Sharon, Pennsylvania, its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as sure undertakings and contracts of suretyship to be given to . All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in ar sum of Five’Hundred Thousand ($500,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of,the followi lution adopted by the Board of Directors of the FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY E ing duly called and held on the 20th day of February, 1975. ’.RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President, an Executive Vice President or a Senic ident or a Vice President of the Company,. be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifyi ney named in the given Power of Attorney to execute in behalf of FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bc takings and all contracts of suretyship; and that an Assistant Vice President. a Secretary or an Assistant Secretary be, and that each or any o by is. authorized to attest the execution of any such Power Of Attorney, and to attach thereto the seal of the Company. FURTHE,R RESOLVED, that the signatures of such officers and’the seal of the Company may be affixed to any such Power of Attorr certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal s and binding upon the Company when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to whicl ed:’ In Witness Whereof, the FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its oi to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Asi Presidents this 3rd day of January, 1979 FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JER! Attest: rnd* @&it ,-: r--;- 5: .-. &$*p;; ,$ p James M. Keane. a2 Assistant Secre @ BY ..: l: I. j* 4, T.H. Stephens, Assistant Vice President ‘w .&.,,....<&$* M.L. Ford, Vice-president I. ss.: t 9% STATE OF NEW YORK, COUNTY OF NEW YORK, On this 3rd day of January, 1979, before me personally came M.L. Ford, to me known, who being by me d did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Av he is a Vice-president of the FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed 1 instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation a signed his name thereto by like order. ,.,.W”’,,, &L.?!?!?$,, ...+--\ _. ia....;orm”-.. .o 5 f.: - i,I $<. PUBL\c..:,Cj % *,, d. 6 ........ 0‘ ”‘* -*,a ,,$ * “%,,,,“,+- CERTIFICATE ETHEL TARANTO NOTARY PUBLIC, State of New YO& No. 24 -4E3117 Oual. in Kings County Commission Expires March 30, 19- I, the undersigned, an Assistant Secretary of the FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains ir and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said PC torney, is now ’in force. Signed and sealed at the City of New York. Dated the 5th day of June , 1985 . 6. +&....__....<* 1 . .I’ 7m w,, 5.. wnv? p--r.r Page : PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 8015 adopted Mav 14. 1985 , has awarded N/S Corporation , hereinafter designa as the '1Principal'1, a contract for: Contract 3006-36 - Vehicle Wash, 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 performan of said contract; NOW, THEREFORE, WE, .N/S Corporation as Principal, hereinhf ter designated as the "Contractor", and Firemen's Insurance Company of Newark, N.J. as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Fifty seven thousand two hundred & 00/100** Dollars ($57,200.00** 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 successor: 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 ORLIGATION IS SUCH that if the above bounden Contractor his/her 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 alteratior 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 respect according to their true intent and medning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulatec then this obligation shall become null and void; otherwise it shall remain ir 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 contrac or to the work to be Derformed thereunder or the specifications accompanying same shall affect its obligations on this bond, and it does hereby waive not of any change, extension of time, alterations or addition to the terms of thi contractor or to the work or to the specifications. L 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 Surety above named on the 5th A (Notarize or Corporate Seal for Each Signer) Contractor FIREMEN ' S INSURANCE CO. OF NEIVARE Firemen's Insurance Company of Newark, New Jersey 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Pt'eSentS,That the FIREMEN'S INSURANCE COMPANY OF NEWP JERSEY has made. constituted and appointed. and by these presents does make, constitute and appoint - Thomas G. Kachulis or H. H. Hanson or David A:Winland all of Sharon, Pennsylvania its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as sur( undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in ai sum of Five'Hundred Thousand. ($500,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the follon lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY ing duly called and held on the 20th day of February, 1975. "RESOLVED. that the Chairman of the Board, the Vice Chairman of the Board. the President, an Executive Vice President or a Senii ident or a Vice President of the Company.. be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifyi ney named in the given Power of Attorney to execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY. b takings and all contracts of suretyship; and that an Assistant Vice President, asecretary or an Assistant Secretary be, and that each or any o by is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHE,R RESOLVED. that the signatures of such officers and'the seal of the Company may be affixed to any such Power of Attorr certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal 5 and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to whic ed . ** In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its o to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Asi Presidents this 3rd day of January, 1979 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JER Attest: RdW @) +*!!!!.,#, #&k BY ::* 4+, ....... 8* I . is M.L. Ford. Vice-president T.H. Steohens. Assistant Vice President SS.: t 9- STATE OF NEW YORK, COUNTY OF NEW YORK, On this 3rd day of January, 1979, before me personally came M.L. Ford, to me known, who being by me d did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Av he is a Vice-president of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed 1 instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation a signed his name thereto by like order. ,+.qp,, i u:~'worrr $& 2: - i.f %,y&..;& 4;s ETHEL TAAANTO "%*,,",d' CERTIFICATE ,...>.... ?& ;?...P"BL,!...:p NOTARY PUBLIC, State of New York No. 24-46631 17 Oual. in Kinps County Commission Expires March 30. 1989- I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains ir and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said PC torney, is now 'in force. Signed and sealed at the City of New York. Dated the 5th day of June ,I9 85 22 $4 -: :;' "B*!.?$ Ls*!!!!, p >$ James M. Keane. Assistant Secre' 21 BOND 4315F 7e~ Prii 1.:: c * .. c. 4& ............ 5' ,, . ,\s\ Page GENERAL PROVISIONS 1. PLANS-ANQ SPECIFICATIONS The specifications for the work shall consist of the latest edition of t Standard Specifications fo,r Public Works Const~ruction hereinafter designated SSPW, as issued by the Southern Chapters of the American Pub Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of 106 sheet(s). The stamhrd 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 a: 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 projeci work as shown on the project plans and as specified in the specification: 3. DEFINITIONS AND INTENT A. Architect: The word "Engineer" shall mean' the architect or his approved representative. 8. Construct ion Manager: The word "Construction Manager" shall mean Koll Construction Company. C. Reference to Drawings: Where words 'I shown" , I' indicated" , "de t ailed" , II not ed I' , I' scheduled" ox words of similar import are used, it shall be understood that referer is made to the plans accompanying these provisions unless stated otherwise. D. Directions: 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. Page 2 E) Equals and Approvals: Where the words "equal", "aoproved equal", "equivalent" and such word of similar import are used, it shall be understood such words dre followed by the expression "in the opinion of the Architect" unless otherwise stated. Where the words "approved", "approval'', "acceptancell, 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, a herlhis 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 herlhis expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and transportation. 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 work 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 Contractor. Page 2 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice c 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 < All internal combustion engines used in the construction shall be equippt 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 herlhim fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be insertec 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 r correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correct ion. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, herlhis 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 1 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 decis: relative to said intent will be final and binding. Failure of the Contractor to apprise herlhis subcontractors and materials suppliers of this condition of the contract will not relieve herihim of the responsibility of compliance. Page 2 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawin? and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipmer or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he 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, il 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 constructic if possible, but in no case less than ten (IO) days prior to actual installation. Substitution shall also include a statement of credit to I 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 changc from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment , underground piping, valves, ad all other work not visible at surface grade. Prints for this purpose mal be obtained from the Architect at cost. This set of drawings shall be kef on the job and shall be used only as a record set. Upon completion of tl work, and prior to release of retention, the Contractor shall transpose q "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. The Contractor is responsible for all other required licenses and fees. 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 the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. 17. 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 wher the work is being performed. Helshe 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 as protruding nails, hoists, well holes and falling materials. 18. SURVEYING Column control lines, offset outside the perimeter of the building, and i 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 the City. Rough qrade stakes at 5Of-O" centers minimum to or toe-of-slor as required, surface and underground improvements at 25'-0" to 50'-0" centers including critical points with offsets, and blue tops for buildir and facility Dads. CODES, ORDINANCES, REGULATIONS s( ABBREVIATIONS 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 NRFU American Institute of Steel Construction AISC American Standards Association ASA Underwriters Laboratories, Inc. UL Department of Commerce Standards cs American Concrete Institute ACI 19. Page 2 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 wo 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. Page 2 27. BACKFILL AND COMPACTION Backfill and compaction of trenches shall be in conformance with the 1975 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. Page 2 CERTIFICATION OF COMPLIANCE N/S CORPORATION I hereby certify that in performing under the contract awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program Supervisors, including all current amendments. Legal Name of Contractor June 5, 1985 Date Vice President of Finance title (NOTARIZE OR CORPORATE SEAL) (Notorial acknowledgement of execution by all principals must be attached). STATE OF: Pennsylvania COUNTY OF: Mercer ON this 5th day of June I 19 85, before me personally appeared Philip M. Black I to me known to be the person or member(s) of the partnership or officer(s) of the corporation that signed the foregoing instrument and acknowledged the executj of the same to me. Firemen's Insurance Company 01 Newark, New Jersey 80 Maiden Lane, New York, New York 10038 * G AL POWER OF AITOW KROW all l'nen by these PreSentS,That the FIREMEN'S INSURANCE COMPANY OF NEWAI JERSEY has made. constituted and appointed. and by these presents does make, constitute an8 appoint Thomas G. Kachulis or H. H. Hanson or David A.-Winland all of Sharon, Pennsylvahia, its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as sure undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or.contract of suretyship executed under this authority shall exceed in arr sum of Five Hundred Thousand- ($500,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the followi lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY a ing duly called and held on the 20th day of February, 1975. "RESOLVED. that the Chairman of the Board. the Vice Chairman of the Board, the President, an Executive Vice President or a Senio ident or a Vice President of the Company,. be. and that each or any of them hereby is. authorized to execute Powers of Attorney qualifyir ney named in the given Power of Attorney to execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bo takings and all contracts of suretyship; and that an Assistant Vice President. a Secretary or an Assistant Secretary be, and that each or any of by is. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHE,R RESOLVED, that the signatures of such officers and'the seal of the Company may be affixed to any such Power of Attorn1 certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal SI and binding upon the Company when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which ed , '' In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its of to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Ask Presidents this 3rd day of January, 1979 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERI Attest: fld* (Q e!:.!.<, &&it BY -i e!s '> ... __. M.L. Ford. Vice-president 90,-. ,,st' T.H. Stephens, Assistan! Vice President ss.: I +- STATE OF NEW YORK, COUNTY OF NEW YORK, On this 3rd day of January, 1979, before me personally came M.L. Ford, to me known, who being by me di did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Avt he is a Vice-president of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation I in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed ti instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation ai signed his name thereto by like order. ,,.*"'*"' &.?!!?4,*, ..?.c., &&OTAR~;O~ t >:. r ,.,PUBLIC:= - %.",,.,,.~+' 2: - i.f *.,+ .__.... -. +P "e,, 0, *Lc *O** ETHEL TARANTO NOTARY PUBLIC, State of New York No. 24 -46631 17 Oual. in Kings CMlnly Commission Expires March 30. 19% CERTIFICATE I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Poi torney, is now 'in force. Signed and sealed at the City of New York. Dated the 5th day of June , 1985 . 23 2i r**!!.'.4 $?. ,.' ".?+ , \Si, ;* *,i-. ,_.. .. .....%' 1%. 1- I Keane. Assistant Secret1 761 Prin i. C. *; (I . ,>\' s: 4 21 BOND Ul5F L* 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. All underground piping shall be completed as soon as possible to facilitate asphal paving operation by year end. All contractors should incorporate all costs 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 by others from elevator equipment roans to pits. 2. Hydraulic and electrical lines for elevator no. 2 shall be installed overhead through vestibule 8131 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 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 01 specifications shall be the same as the holeless elevators. 5. Provide alternate price for excavatinq holes outlined in Item 4 should drilling through dence, hard rock material be required. Plumbinq - Bid Item 36 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. Plunhers shall provide service from these locations. Police/Fire Facility 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. b. Water - Provide all water services from meter box locations includin - pressure reducing backflow oreventers as required. Sewer - Four (4) inch to main building shall be installed by others 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 point ten (IO) feet behind face of street curb. Plumbers to provide clean out. c* cc- * ,* Page 3 A Gas - Gas meter is located at the west end of the mechanical eauipmer enclosure per sheet AC-3. Gas piping for the building should start c this point. Also provide tee and valve for gas piping by others to mechanical equipment located within enclosure. d. Vehicle Wa,sh Water - Provide water service from meter box location per sheet AC-1, d- - b. - Gas - Gas meter to be lcoated at east end of building. Fuel Island Water service, reel banks, compressed air piping and complete fuel systen 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. Plurbers to make connections ( this point. b. Water - Provide water service from meter box location including pressure reducing backf low preventer as required. c. Sewer - Four (4) inch to main building shall be installed by others a point five (5) feet outside of building. Plumbers to provide clear 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 oiping, all water piping both hot and cold for plumbir fixtures, industrial water piping, and all qas piping. Provide condesate piping for package air conditioning units only (AC uni 1-6 and HV-1, HV-2). All other piping for mechanical systems shall be provided within bid oackage 3D (H.V.A.C.). 3. 4. Compressors located within the vehicle maintenance and wash facilities shall be installed as a part of bid package 3F (service station equipmen inclusive of all Qiping and reel banks. Compressor and piping for policc facility shall be installed by Pluhing Contractor. 5. All oiping shall be installed below the roof per Carlsbad City Codes. M connections accordingly. t I& Page : 6. Provide and install all clean outs, valves, plates, sleeves, flashings, insulation, access boxes and panels, hose bibbs, thermometers, thermostai 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 undf 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. Actr drains on roof should remain cast iron. Automatic Fire Sprinkler System - Bid Item 3C 1. Fire sprinkler system shall be required for the Police/Fire Administratic Facility only. System shall be designed as a light hazard occupancy (0.' GPM per 1500 SF). 2. Provide sleeves for pipe penetrations through metal deck or coordinate w: approved shaft locations. Siser shall be located in Mechanical Equipmenl Room 8132. Six (6) inch fire service lateral inclusive of detector checl valve, post indicator valve and fire department connection, shall be installed by others to a point five (5) feet outside building line. Sprinkler Contractor shall intercept existing pipe and install1 necessar: 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 sh( also be used for exterior soffits should sprinklers be required. All he, exposed to view shall be centered and aligned within ceiling types and wc spaces. 4. Sprinkler heads for the detention area cells shall not be installed unle: 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 poi atrium and other floor openings, electrical and mechanical roans shall bc included within the bid. Dispatch Center Room #I09 and Radio/Computer Equipment Roan #I15 shall bc installed within specified sprinkler system. Fusable link heads in thesi rooms shall have a higher degree release than the remaining portions of building. The intent is to try and extinguish any fire in these rooms w Halon extinguishers prior to activation of the west system. This would also eliminate the need for an automatice "Halon" system since these are will be in operation and staffed twenty-four hours a day. &g;.!&c,p$o&tall specified Dipe identification per Section 15900 of 6. 7. . ib Page : H.V.A.J. - Bid Item 30 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 backflow protection. This package shall also include all interior wet pipin? 2. Include all condensate piping with exception of equipment specified as a part of bid package 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 rooms 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 detl 1 1/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 instal1 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 bc installed by Electrical Contractor. 13. Access panels in walls and ceilings shall be furnished and installed by others. this bid packaqe. Access panels in ductwork for maintenance shall be included wit a . L Page : Electricp1,- 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 aqencie: 3. Provide complete installation for security gate systems. Actual gates ai motor operators shall be provided and installed by others. 4. Provide and install connection of tamper switch on post indicator valve, and flow switch on sprinkler system riser. panel. Terminate at fire alarm contI 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 or to coordinate all requirements for security system interface. Connectio 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 be supplied by Eleva Contractor. Also provide conduit sleeves from equipment roans to elevat pits for installation of hydraulic lines (3") and power feeds. 12. Provide and install support brackets for light fixtures (nn) located in vehicle maintenance pit. 13. Provide and install all sleeves and blockouts for metal deck penetrators r + L 1' Paqe 3 14. Electrical work outlined on sheet E-19 shall be complete with exceptjon o all electrical conduit, wire, motor starters, pumps, relays, switches, etc., shown on the partial site plan. This work to be completed under bil 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 EQ-1 and EQ-2 with exception of items noted otherwise and the following: a. %I380 - Locker b. 113840 - Washer, Vehicle, 2 Brush c. 83920 - Water Reclamation System d. f9820 - Shower, Drench, Eye Wash 2. All recessed pits and below grade equipment enclosures within the vehicle maintenance building shall be constructed by others. Bidding Contractors 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 package. 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 ~ipinq and pumps. d. Window washing solution piping complete. e. Compressors for maintenance and wash/fuel facilities including pipin! f. Fuel island complete including piping, tanks, dispensers, water and q 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 I a part of this bid package. Provide pressure reducing backflow prevente 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 18. Coordinate water connections with equipment supplied and installed under this bid package. r s 4 4+* Page 2 5. Fuel island shall be installed as a part of this bid package. Refer to detail 5, sheet A-60. others. Concrete apron around island shall be installed b) 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. All work indicated on the Dartid site plan shall he included with the exception of Dane1 "EPA". Terminatc conduit and wire from motor starters, relays, etc. at panel "EPA" for fir connection by Electrical Contractor. Remaining electrical work shown on this sheet shall be completed with hid packeqe 3E (Electrical). Contract shall review electric1 specifications division 16, and coordinate installations with Electrical Contractor. 9. Provide alternate additive cost to move existng owner equipment to new facility and install. Travel distance approximately five (5) miles. Vehicle Wash - Bid Item 3G 1. Coordinate installation of controls and utility connections with other Contractors. Vehicle Wash Contractor shall be responsible for piping frc utility stubs outlined on the plumbing and electrical drawings. Finish Hardware - Bid Item 3H 1. Rid for finish hardware shall be complete per plans and specifications ai delivered F.O.R. jobsite, all tax included. Actual installation shall bt coordinated in a future bid package. Ridding Contractor's shall include necessary jobsite visits in order to coordinate and review delivered hardware oackages with the Project Super i nt end e nt . 2. 1 b I eo*. 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-I thru P-8 g. Electrical Plans Sheets E-I 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.