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Home My WebLink AboutSummit Mechanical Inc; 2000-04-03; FAC00-09_.- CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS /- FOR SWIM COMPLEX SOLAR SYSTEM RENOVATION CONTRACT NO. FACOO-09 April 3,200O b @% 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 1 of 60 Pages /- TABLE OF CONTENTS Pane Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Contractor’s Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bid Security Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Bidder’s Bond To Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*.................. 13 Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work” Forms * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. 15 Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work . . . . . . . . . . . . 18 Bidder’s Statement Of Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.............................. 19 Bidder’s Statement Of Technical Ability And Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ,- I Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive Liability And Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Bidder’s Statement Of Re Debamrent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s . . . . . . . . . . . . . . 22 Bidder’s Disclosure Of Discipline Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Contract Public Works ..~............................................................................................................... 26 Labor And Materials Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Faithful Performance/Warranty Bond ..*........................................................................................ 34 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section 1 l-l l-2 Terms, Definitions Abbreviations And Symbols Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 r Section 2 2-3 2-4 2-5 2-l 0 Scope And Control Of The Work Subcontracts . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Plans And Specifications . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Authority Of Board And Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Contract No. FACOO-09 (Insert Contract Number) Page 2 of 60 Pages /- f Section 3 Changes In Work 3-2 Changes Initiated by the Agency .......................................................................... 3-3 Extra Work ............................................................................................................ 3-4 Changed Conditions ............................................................................................. 3-5 Disputed Work ...................................................................................................... Section 4 4-1 4-2 Section 5 5-l 5-4 Section 6 6-l 6-2 El; 6-8 6-9 Y- Section 7 7-3 7-4 7-5 7-7 7-8 7-10 7-13 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /- Control Of Materials Materials And Workmanship . . . . . . . . . . . . . . . . ..*.............................................................. 47 Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Utilities Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.................... Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work.. ...................................... Prosecution Of Work.. ........................................................................................... Delays And Extensions Of Time ........................................................................... Time of Completion ............................................................................................... Completion And Acceptance ................................................................................ Liquidated Damages.. ........................................................................................... Responsibilities Of The Contractor Liability Insurance ................................................................................................. Workers’ Compensation Insurance ...................................................................... Permits .................................................................................................................. Cooperation and Collateral Work ......................................................................... Project Site Maintenance.. .................................................................................... Public Convenience And Safety ........................................................................... Laws To Be Observed .......................................................................................... 43 43 44 45 49 49 49 54 54 54 55 55 55 55 55 56 56 56 57 57 57 Q q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 3 of 60 Pages !-- CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, on the second floor of the Fara- day Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:00 P.M. on the day of 2nd Auaust, 2000, at which time they will be opened and read, for performing the work as follows: REMOVE OLD SOLAR PANELS AND INSTALL AND TEST NEW PANELS AT THE SWIM COMPLEX CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION This bid and the terms of the Contract Documents and Supplemental Provisions constitute an ir- revocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifi- cations for the work include the Standard Specifications for Public Works Construction, 1997 Edi- tion, and the 1998 and 1999 supolements thereto all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract- Reference is hereby made to the plans and 1 specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engi- neer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. I- No bid will be received unless it is made on a proposal form furnished by the Purchasing Depart- ment. Each bid must be accompanied by security in a form and amount required by law. The bid- der’s security of the second and third next lowest responsive bidders may be withheld until the Con- tract has been fully executed. The security submitted by all other unsuccessful bidders shall be re- turned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263) appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure perform- ance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. I The documents which comprise the Bidders proposal and that must be completed and properly executed including notarization where indicated are: b 3 4/3/00 Contract No. FACOO-09 Page 4 of 60 Pages 1. Contractor’s Proposal 2. Bidder’s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors 8 Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsi- bility 7. Bidder’s Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders wver- ing the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bid- der prior to award of this contract. lO.Bidder’ s Statement Re Debarment 11 .Bidder’s Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are ap- proximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is $90,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con- tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where fed- eral funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The fol- i- lowing classifications are acceptable for this contract: A and C-46. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashiers Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, em- ployee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. ,,” The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy p3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 5 of 60 Pages ,- of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all work- ers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and Subwn- tracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter I, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will be held at the Community Swim Complex, 3401 Monroe Street on Tuesday, July l&2000 at 9:00 a.m. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and wm- pared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. - ,’ Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the con- tract exceeds ten million dollars ($1 O,OOO,OOO). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supple- mental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets ex- ceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. *- If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within IO calendar days of the insurer’s receipt of a request to submit the statements. % 3 4/3/00 Contract No. FACOO-09 Page 6 of 60 Pages Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance cer- tificate must state the coverage is for “any auto” and cannot be limited in any manner. Workers’ compensation insurance required under this contract must be offered by a company meet- ing the above standards with the exception that the Best’s rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers’ com- pensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the re- quired bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carls- bad Business License for the duration of the contract. Approved by the City Council of the City adopted on the cday of June ) 2000. of Carlsbad, California, by Resolution No. 2000-174, G-F00 Date /- # 4/3/00 Contract No. FACOO-09 Page 7 of 60 Pages CITY OF CARLSBAD CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION -- CONTRACTOR’S PROPOSAL OPENED, WITNESSED AND RECORDED: City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 -- The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required -- to do all the work to complete Contract No. FACOO-02 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: -- L- -- 7- SCHEDULE “A” Approximate Item Quantity No. Description and Unit A-l Furnish all materials and labor to IS6 remove existing solar panels and install and test new panels and on-site operator maintenance training for the solar system at the Swim Complex. Unit Price Total -- Total amount of bid in numbers for Schedule “A”: $ 65 3/6 --) , -_ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). /,4#& 2 proposal. has/have been received and is/are included in this -- The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. -.. The Undersigned agrees that in case of default in executing the required Contract with necessary - bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the _-- second or third lowest bidder and the bid security of the lowest bidder may be forfeited. -- Contract No. FACOO-09 (Insert Contract Number) Page 8 of 60 Pages -- c ‘. ,-- - -c -_ -- -- -- -- c- -- em -_ -- -- -- City and State The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 230 x&S , classification G - + which expires on /L& 3/-a-00 0 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Busi- ness and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code Q 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter- ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no rep- resentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is B/a B&H! or Cashier’s Check) for ten percent (10%) of the amount bid. (Cash,. Certified Check, Bond The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before com- mencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) . (4) Zip Code Telephone No. 7- T3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 9 of 60 Pages -- IF A PARTNERSHIP, SIGN HERE: ,-- (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) -_ (1) Name under which business is conducted a%‘..) 7’ MeHdN/ c&L hc, (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A CORPORATION. SIGN HERE: -- (2) C” . . . -.. -- 04&e (Signature) t~35mGL J$&J~J/~ f/es/AH7 (Title) Impress Corpomltu seal here . . . (3) Incorporated under the laws of the State of &/e/N).& (4) ‘Place of Business $4#/7 LGz+c/e &e - (Street and Number) City and State -.sqbd?/eo, c-2 I f (5) Zip Code qz/lD Telephone No. c. -- - @% Ec 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 10 of 60 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ,- County of San Diego On 5 ~p~vnR@ 2mm before me, the undersigned Notary Public, personally appeared ~m-el J&am~ Name of Signer(s) , - personally known to me OR t: .:; i;‘.,?;;:;;E,q Cc~‘A-ij~‘~jn f+ 1 1 &A281 Kotaw ?wilc - Caiifofnia Z J - proved to me on th_e basis of satisfactory evidence to be the person@- whose name@ @&&subscribed to the within instrument and acknowledged to me that &&d&hey executed the same in &&e&i&r authorized capacity@e& and that by &&t-f&k signature(don the instrument the perso Mr , or entity upon behalf of which the person(o)/acted, executed the instrument. and official seal. K Swearingen, Notary Pubhd OPTIONAL P Though the data below is not required by law, it may prove valuable to persons relying on the document prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Individual - DESCRIPTION OF ATTACHED DOCUMENT and could ui Corp pggpp,k- Title(s) - Partner(s) _ Limited Title or Type of Document /oD-ml General Number of Pages Date of Document - Attorney-in-Fact- - Trustee(s) Guardian/Conservator - Other: - SIGNER IS REPRESENTING: Name of person(s) or Entity(ies) Signer(s) other than named above. NotmyAhmded~ement Pagelo/ October1994 -. ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE _- . . -. -. -. c- List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: @B b 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 11 of 60 Pages SECRETARY OF STATE ,- i:$)‘w .t I’ ‘\ 9 !“>c& f& I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached transcript has been Compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this l @+ Secretary of State CERTIFICATE OF AMENDMENT '**c, OF ~RTICLES~OF~~INCORPORATION ; The undersigned certify that: ./- Jr A496143 ENDORSED FILED In the olfice of the Secretary Of sfate of the State of California AUG 11 1997 1. 2. 3. 4. We DANIEL JAROSIVNand ELIZABETH JAROSIN They are the president and.the secretary, respectively, of SUMMIT GENERAL, INC., a California Corporation. FIRST ARTICLE of the Articles of Incorporation of this corporation is amended to read as follows: "FIRST ARTICLE: That the name of the corporation shall be SUMMIT MECHANICAL, INC." The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. The foregoing amendment of Articles of Incorporation has been duly approved. by the required vote of shareholders in accordance with Section 902, California Corporations Code. The total number of outstanding shares of the corporation is 100. The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: Daniel &@ osin, President l!!s~~ Elizabeth Jaro&n, Secretary amend BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. FAC00-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF ,. CARLSBAD, in the sum of .Ew B@. 74+-z&zNEJ dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance cover- age within the stipulated time; otherwise, the check shall be returned to the undersigned. The pro- ceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless oth- erwise required by law, and notwithstanding the award of the contract to another bidder. *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Contract No. FACOO-09 Wtsert Contract Number) Page 12 of 60 Pages BIDDER’S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION KNOW ALL PERSONS BY THESE PRESENTS: That we, !XJMNIT PIECBBNICBLS INC- as Principal, and INSURANCE COMPANY OF TJB FJEST as Surety are held and firmly bound unto the City of Ca s foilows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, succes- sors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for; CONTRACT NO. FACOO=OS SWIM COMPLEX SOLAR SYSTEM RENOVATION (BID DATE: 8-2-00) in the City of Carlsbad. is accepted by the City Council, and if the Principal shall duty enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlshad, 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 hereln shall be fort&ted to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond, Executed by PRINCIPAL this of Auct9s-r 2 k?- day I ( 20 80. PRINCIPAL: SUMNIT NECEANICAL. INC. (print name he:e) fi4z.a?wTH &dS/U (print name here) Ls-ieH&TMy (title and organizati I-T- . JAf signatory) Executed by SURETY this 25!b day of JULY I 2uJJ. SURETY: INSURANCE COMPANY OF TEE WEST (name of Surety) 11455 EL CAMIMO RIQXL SAN DIECO, CA 92130-2045 (address of Surety) )p;l (signature of Attorney-in-Fact). CHRISTINE A. PA-ON. ATTORNEY-IN-PACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) 4/3/00 Contract No. FACOO-09 (Insert Convact Number) Page 13 of 60 Pages (Proper notarlai acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secnstary or assistant secretary must sign for corporations. If only one ofker signs, the corporation must attach a resolution cwtified by the secretary or assistant sec- retary under corporate seal empowering that ofketr to bind the corporation.) APPROVED AS TO FORM: . RONALD R. BALL City Attorney By: &&m!u lc 4q&&h#b . Deputy City Attorney i Contract No. FACOO-09 (Inserr Contract Number) Page 14 of 60 Pages I CALIFORNIAALGPURPOSEACKNOWLEDGMENT State of California County of San Diego On L before me, the undersigned Notary Public, personally appeared &2flkcl LQ-tWh &d &%?abdz7 J&Wm Name of Signer(s) , __ personally known to me OR - / - of satisfactory evidence to be the person($- subscribed to the within instrument and to me that -3 executed the same in uthorixed capaci&o, and that by m signaturean the instrument the personO+r entity upon behalf of which the person(s) acted, executed the instrument. -- and official seal. K. Swearingen, Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. .I’ CAPACITY CLAIMED BY SIGNER DESCRIPTION~FATTACHEDD~CUMENT Individual I? 9 Sa.ti~ Title(s) Title or Type of Document /3&lw7etit Partner(s) _ Limited / 3Lv%o - General Date of Document - Attorney-in-Fact - Number of Pages - Trustee(s) Guardian/Conservator - Other: - , SIGNER IS REPRESENTING: Name of person(s) or Entity(ies) Signer(s) other tha6 named above. ’ 5ummit b%kzhanled f ,~~c~ r ‘f. Noimy AcknmrJcrkcmnc Page 1 of I octobt?? I994 CALIFORNIA ALL-PURPOSE ACKNOWLEbGM& No. s907 State of California County of San Diego On 7-25-00 DATE personally appeared before me, America San Martin, Notary Public f NAME. TITLE OF OFFICER - EG, ‘JAM DOE, NOTARY PUBLIC Christine A. Paterson 1 NAME(S) OF SIGNER(S) q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(z) whose name(X) ism subscribed to the within instrument and ac- knowledged to me thaMWshe&q executed the same in his/her/their authorized capacity(ti), and that by~herBlZZB signature@) on the instrument the person&), or the entity upon behalf of which the person@) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may’prove vduabie to persons relying on the document and could prWent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT c] TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: WE OF PERSON(S) OR ENllTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 0236 Remmet Ave.. P.O. Box 7184 l Canoga Pak CA 91309-7184 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: CHRISTINE A. PATERSON its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: “RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the gtven Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.” IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 24th day of February 1999. INSURANCE COMPANY OF THE WEST I STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO IN WlTNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal’s acknowledgment of the signature on the power of attorneyflrsuant to California Probate Code $4121 and 4122. /’ CERTIFICATE: - I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of lhe above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 25th day of J[JLp----- ___ 2000 ! ICW 37 - - GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS” AND “DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS - REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor dis- closure forms Bidders are urged to review the definitions in section f-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Con- tract Price”, “Contract Unit Price”, ” Engineer”, “Subcontractor” and “Work” and the definitions in sec- tion l-2 of the Supplemental Provisions especially “Own Organization” and “Owner Opera- tor/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct in- formation may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. - ,- INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor li- censed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or ten thou- sand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontrac- tor(s) shall be set forth and included as an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor’s decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. - Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the Bidder’s overhead and profit for subcontracted items of the work is included to compute the percent- age of the work performed by Subcontractors or Owner Operators/Lessors. - When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Opera- tor/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns “Amount of Subcontracted Bid Item Including Subcon- tractor’s Overhead & Profit” or ” Amount of Owner Operator/Lessor Bid Item Including Owner Opera- tor/Lessor’s Overhead & Profit ” unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor in- stalls or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder’s overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontrac- tor or Owner Operator/Lessor installs to compute the amount of work so installed. b q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 15 of 60 Pages -- -- -- -_ Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the “CONTRACTORS PROPOSAL” (Bid Sheets) shall be entered in the “Bid Item No.” column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. -- c- c- b q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 16 of 60 Pages -_ .-. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Subcontractor’s Location of Business Street Address -- City Zip -- *Subcontractor’s Telephone Number including Area Code: ( ) w *Subcontractor’s California State Contractors License No. and Classification: -- - *Subcontractor’s Carlsbad Business License No.: SUBCONTRACTOR’S BID ITEMS -. contractor’s Overhead & -- -- -- Exdanation: --_ c- Column 1 - Bid Item No. from the bid proposal, pages -through inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractors own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Sub- contractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal paws - through -1 inclusive. Paw - of pages of this Subcontractor Designation form -- l Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the ‘No- tice Inviting Bids.” -- Contract No. FACOO-09 (Insert Contract Number) Page 17 of 60 Pages -- .-- DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK CONTRACT NO. FAC00-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION -- -- L. The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in pre- paring this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifi- cations and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: c- Owner Operator/Lessor Location of Business Street Address *Owner Operator/Lessor Telephone Number including Area Code: ( 1 a *Owner Operator/Lessor City of Carlsbad Business License No.: -- -. a_ -_ -- -- -. OWNER OPERATORILESSOR WORK ITEMS &ding Owner Opera- tor/Lessor’s Overhead & Exolanation: Column 1 - Bid Item No. from the bid proposal, pages -through -, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and orofit for work done bv both the Contractor’s and the Owner Operator/Lessor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages - through -, inclusive. -- Page of -- pages of this Owner Operator/Lessor form -- l Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “No- tice Inviting Bids.” -- Contract No. FACOO-09 (Insert Contract Number) Page 18 of 60 Pages BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submit- ted under separate cover marked CONFIDENTIAL. ?3 4/3/00 Contract No. FACOO-09 (Insert Contract Numb& Page 19 of 60 Pages -- -.. BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) <CONTRACT NO. FAC00-09 SWIM COWlPLEX SOLAR SYSTEM RENOVATION Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submit- ted under separate cover marked CONFIDENTIAL. Le35 A7-7KflJ L.. c- c- c- 1 - c- -- Contract No. FACOO-09 (Insert Contract Number) Page 19 of 60 Pages ? I ROBERT I?. DRIVER CO.. INC. Founded oh knowledge, integrity and service. t June 29,1999 ” Mr. Stanley Jarosii Ch&irman Summit Mechanical, Inc. 4417 Glacier Avenue San Diego, California 92120 RE: Bonding Facility Dear Mr. Jarosin: ‘The purpose of this letter is to provide a Surety/Financial reference on Summit Mechanical, Inc. Sum@ has had a bonding facility established with Insurance Company of the West since 1987< Jnsurance Company of the West is located at 11455 El Camino Real, San Diego, Califdrnia 92130-2045 and their phone and fax numbers are (858) 35O- 2900 and (858) 350-2909. We have extended surety credit to a high of $2 minion single job and $2.5 million aggregate. They currently have these limits available. We highly recommend Summit Mechanical, Inc. to you. If you have any questions regarding Summit Mec;hanical’s bonding facility, please do not hesitate to contact me. Sincereiy, , ’ Christine A. Paterson for Robert F. Driver Co. Inc. Agent of Record -- San Diego 1620 Fifrh Avenue, San Diego, California 92101-2797 l . (619) 238-1828 LicfOC36861 l www.rfdriver.com Escondido Nekiort Beach Sacramento Frmnn .!?nn Jibnnrinm --. -- -- -- BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully performed and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience and skill. An attachment can be used. % @B 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 20 of 60 Pages -.. - -. -- -- -- P c- BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance com- pany that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance cer- tificate must state the coverage is for “any auto” and cannot be limited in any manner. b @S 413100 Contract No. FACOO-09 (Insert Contract Number) Page 21 of 60 Pages I ACORD, CERTIFICATE OF LIABILITY INSlJRANC~g.g, DATE (MMIDDIYY) 08/23/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I Wateridge Insurance Services -525 Vista Sorrento Pkwy #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I Diego CA 92121 COMPANIES AFFORDING COVERAGE COMPANY A INSCORP - Ins Carp of NY Tony Yahyai PhoneNo. 858-452-2200 ~ax~o.858-452-6004 INSURED COMPANY B 1 COMPANY C COMPANY 0 Summit Mechanical, Inc. 4417 Glacier Avenue San Diego CA 92120 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWlTHSTANDlNG ANY REQUIREMENT, TERM OR CONDlTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IUCED BY PAlD CWMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN R co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) OLICY EXPIRATION DATE (MMIDDNY) LIMITS 08/01/01 PRODUCTS-COMPIOPAGG t ~‘000’000 ] GENERAL LIABILIN A X COMMERCIAL GENERAL LIABILITY CAIClOOl6797 CLAIMS MADE /xJ OCCUR X OWNER’S 8 CONTRACTOR’S PROT X $5OO/OCC PD DED. X AGGREGRATE/PROJET AUTOMOBILE LIABILITY A X ANYAUTO CAIC10016797 ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON-OWNED AUTOS 08/01/00 FIRE DAMAGE (Any one fire) $ 100,000 MED WP (Any one person) S 5,000 08/01/01 OS/Ol/OO BOMLY INJURY (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY k ANY AUTO AGGREGATE S EACH OCCURRENCE s2,000,000 08/01/01 AGGREGATE s2,000,000 SIR S 10,000 WC STATU- TORY LIMITS 0;; EL EACH ACCIDENT S EL DISEASE - POUCY LIMIT S EXCESS LIABILITY A X UMBRELLAFORM k CAIC40001498 OTHER THAN UMBRELLA FORM OS/Ol/OO WORKERS COMPENSATION AND EMPLOYERS LIABILITY 1 EL DISEASE - EA EMPLOYEE 1 t IESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLESlSPEClAL ITEMS *EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. OFFICIALS EMPLOYEES CERTIFICATE HOLDER, ITS & VOLUNTEERS ARE NAMED AS ADDITIONAL INSURBD PER ATTACHED i'OR&l CG2124'WITH RESPECT TO GENERAL LIABILITY ONLY. RE: CARLSBAD SWIM COMPLEX SOLAR SYSTEM RENOVATION- CONTRACT #FACOO-09 ww ZERTIFICATE HOLDER CANCELLATION CITCARL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL m MAlL CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD CA 92008 ACORD 25-S (I/95) -. _. _ e-s-- * L-7 ‘._:, .‘, y.‘.. ., ,.“..,. r: . . POLICY NUMBER: CAIC10016797 C0MMERCIALGENE-L~~ SUMMITMECHANICAL, INC. /- THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS This endorsement modifies insurance provided under the following: ’ COMMERCIAL GNERAL Ll~4BlLlTf COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indkated below. Endorsement effective TIiE INSURANCE CORPORA-TON OF NEW YORK SEE ATTACHED CERTIFICATE Named Insured Countersigned by %E ATTACHED CERTIFICATE (Authorized Representative) The following provisions are added: S:-. ION I - COVERAGES Subpart (1) (a) of Excksion f. of Coverage A. is replaced by the following: At or from any premises, site, or location which is or was at any time owned or occupied by, or rented or loaned to the insured: SECTION II - WHO IS AN INSURED . . 5. Any person(s) or organization(s) (hereinafter called “Additional Insured”) with whom you agrk in a written construction contract to name as an insured is an insured with respect to liabiiii arising out of ‘your work? for the Addiionai Insured on the project specified in the wnstmotion contract, incfuding acts or omissions of the Additional Insured in connection with the general supervision of hour work.’ .- However. the insurance provided to the Additional Insured does not appfy to: . . a. “Scdity injury,” “property damage,” or ‘personal injury,” occurring after: (1) All work on the pmject (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured at the site of the covered operations has been completed; or (2) That portion of “your worW out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ,- : CG 21 24 03 97 pw lOf2 - -.. __- -..,_-- _. . . * 1 CAICl0016797 SUMMIT MECHANICAL, INC. ,*- 1UTOMATlC ADDITIONAL b. ‘Property damage” to: lNSURED6 m’ CONSTRUCnON (cant) CONTRACTS (1) Property owned, used, or occupied by or rented to the Additional Insured; (2) Property in the care, custody, or control of the Additional Insured or over which the Additional Insured is for any purpose exercising physicaf control; or (3) “Your worW for the Additional Insured. c. “8odiiy injury,” ‘property damage,’ or ‘personal injury,’ arising out of an architect’s, engineeh, or surveyor’s rendering of or failure to render any professional services for you, for the Additional Insured. or for.others, including: (1) The preparing, approving, or failing to approve maps, drawings, opinions, reports, surveys, change orders, designs, or specifications: and (2) Supervisory, inspection, or engineering services. These exclusions apply in addition to those contained in the Coverage Part. SFr,TiON IIt- LIMITS OF INSURANCE The following provision is added: . The naming of one or more Additional Insured’s does not increase the limits of insurance. SECTION IV - COMMEPCIAL GENERAL L!ABILIN CONDITIONS For the coverage provided by this endorsement: a. Subpart (4) (a) of the Other Insurance provision is replaced by the following: _. (a) This insurance is primary, and our obligations are not affected by any other insurance carried by such Addiiional Insured whether primary, excess, contingent, or on any other basis. .- b. Subpart (8) (Transfer of Rights of Recovery Against Others To Us.) is replaced by the following: We waive any right of recovery we may have against the person or organ&ion shown in the Schedule abdve because of payments we make for injury or damage arising out of your ongoing operations or vour worK done under a contract with that person or organisation and included in the “products-completed operations hazard.” This Waiver applies oniy to the person or organization shown in the Schedule above. C CG 21 24 03 97 Page 2012 ACORD, CERTIFICATE OF LIABILITY INSURANC~I~I DATE (MM/DDlYY) OS/Ol/OO PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION Teague Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OS25512 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5550 Baltimore Dr. Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I Mesa CA 91942 '-,one:619-464-6851 Fax:619-464-1901 INSURERS AFFORDING COVERAGE INSURED INSURER A: Golden Eagle Ins. Corp. INSURER B: Summit Mechanical Inc. 4417 Glacier Avenue San Diego CA 92120 I INSURER C: INSURER D: INSURER E: lVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING rNY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ‘OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE s COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMSMADE /OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY S GENERAL AGGREGATE s GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LlMlT S (Ea accident) BODILY INJURY (Per person) 5 BODILY INJURY (Per acddent) f GARAGE LIABILITY ANY AUTO PROPERTY DAMAGE (Per accident) 0 AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC b AUTO ONLY: AGG S EXCESS LIABILITY OCCUR q CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY NW!55258900 07/01/00 0 7 / 0 1/ 0 1 E.L. EACH ACCIDENT s 1000000 I I I I E.L. DISEASE - E4 EMPLOYEd $ 10 0 0 0 0 0 OTHER E.L. DISEASE - POLICY LIMIT $ 10 0 0 0 0 0 I / SCRlPTlON OF OPERATlONS/LOCATlONS/VEHlCLES/EXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVLSIONS iRTlFlCATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION - CARLS-5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAlL 10 DAYS WRllTEN NOTICE TO THE CERTlFlCATE HOLDER NAMED TO THE LEFT, BUT FAlLURE TO DO SO SHALL - I , City of Carlsbad IMPOSE NO OBLIGATION OR LIABILITY OF ANY KlND UPON THE INSURER, lTS AGENTS OR 1 Carlsbad CA I ACORD 25-S (7/97) REPRESENTATIVES. 1. . t Ellen Katz-Owen - - -. BIDDER’S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by an- other jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. - party debarred party debarred - agency agency -- period of debarment period of debarment I- - BY CONTRACTOR: :yzIzE; hc* LibwEL &~~N, /%.a, (print name/title) Page - of pages of this Re Debarment form % q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 22 of 60 Pages .-_ -. BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal). CONTRACT NO. FAC00-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION -. -.. -. -- Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint re- garding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Regis- trar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes ---&-- no 2) Has the suspension or revocation of your contractors license ever been stayed? /w--we sc/5Pebe1) yes no aq /P&m&en -. 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? -- -- 4) Has the suspension or revocation of the license of any subcontractor’s that you propose to per- form any portion of the Work ever been stayed? yes no No/v’E-’ /?e?Fus&n 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party dis- ciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. -- (If needed attach additional sheets to provide full disclosure.) -- Page / of 5 pages of this Disclosure of Discipline form -- ?3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 23 of 60 Pages -- ,- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION -- 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, de- scribe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. -- -- -- -- -- (If needed attach additional sheets to provide full disclosure.) c- By: -- BY CONTRACTOR: ~PmvT/t4a6%w/C~L /NC , (print name/title) ’ Page pages of this Disclosure of Discipline form 2 of SL 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 24 of 60 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION State of California 1 County of 5&J/&Z&70 ) ss. ) --Lkvt/GL Aes/n/ c/ (Name of Bidder) , being first duly sworn, deposes and says that he or she is /+P &S/a5+v 7 (Title) of i5ZH./-7- /X+G4I%W%Q- /n/C’ (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any un- disclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, _ communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, di- rectly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty oLp;rjury that the foregoing is true and correct and that this affidavit was executed on the day of /%“cXF 7 ,20 oa c 00 , e Signature of Bidder J-==G5?mss/n/ Subscribed and sworn to before me on the day of (NOTARY SEAL) Signature of Notary -=&s~~~&~A ?3 413100 Contract No. FACOO-09 (Insert Contract Number) Page 25 of 60 Pages SECRETARY OF STATE I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached transcript has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this AUG 2 0 1997 l g+ Secretary of State SEEISTATE FORM E-107 CREY. 4/w, A496143 ENDORSED FILED In lhe office of the Secretary Of Stat0 of the Stale of California CERTIFICATE OF AMENDMENT , .' ‘,.+ OF ARTICLES-Cl%\ INCORPORATION .' j : : The undersigned certipy that: ,/j AUG 11 1997 1. 2. ‘.x. *a” DANIEL JAROSI"Nand ELIZABETH JAROSIN They are the 'president and.the secretary, respectively, of SUMMIT GENERAL, INC., a California Corporation. FIRST ARTICLE of the Articles of Incorporation of this corporation is amended to read as follows: "FIRST ARTICLE: That the name of the corporation shall be SUMMIT MECHANICAL, INC." 3. 4. C The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. The foregoing amendment of Articles of Incorporation has been duly approved. by the required vote of shareholders in accordance with Section 902, California Corporations Code. The total number of outstanding shares of the corporation is 100. The number of shares voting in favor of the amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: lciL4xJ7, ,997 Daniel asin, President . Cafe Eliz&eth Jaro/s/ln, Secretary amend - ra SUMMIT MECHANICAL INC. Engineers & Contractors 4417 Glacier Avenue, San Diego, California 92120 - (619) 280-32701 FAX (619) 2E03&37 - Calif. Lit. 230868 1964 LETTER OF INTRODUCTION. COMPANY BACKGROUND- For the past 3.5 years Summit Mechanical has been installing quality mechanical systems throughout the southern California area.We are a second generation family owned and operated company with an emphasis on quality and professionalism Our company’s past experience includes hospitals, schools, industrial complexes, commercial buildings and bio- medical facilities along with federal/state and local govemmental projects. Along with new construction ouy company excels in the complicated tenant improvement and retrofit markets. We special& in projects that may need to remain tenant occupied and where utility outages have to be kept to a minimum. At Summit we have complete in house design and construct capabilities with a Professional Mechanical Engineer on staff. With our competitive pricing and attention to detail Summit Mechanical haseamed a valued reputation References and testimonial letters attached. ThankYou, &~~~Jarosin, President a-*- CC&@/W-Y TYPE L ~oiporation. BONDING - 2xdion on a single project. SURETY - TIISU&~~ Company Of The West. TNSRANCE - 3 .niillion general liability. CALlF LICENSE - # 230868 CLASSTFICA’TION~ - B, C-4, C-16, C-20, C-36 SERVICES- HVAC; ductinglequip Certified welding Dust collection Pro&s piping Indoor air quality Clean Rooms Chillers & towers Energy management Paint Booths Exhaust systems Po%tion control Laboratories Dust collection Seismic retrofit Fire sprinklers Analysis and budget Design and construct CONTRACTOR’S STATEMENTS OF EXPERIENCE 1. NAME OF FIRM SUMMITIMECXANICAL, INC. (name change:fromSummit General,Inc.; f - former approval through 10/31/g?.) 2. MhapJGAonBoFm 4417 Glacier Ave. San Diego, CA 9X20-3303 PHYSICALADDRFSSOFFIR?d. Sme TRLRPHCMAKFACODE(61g ) PXONRNO, 280-3270 FAXARRACODE( 61g ) FAXNO, 280-3887 3. STATE OF ORCANIZATIO~ California 4 uuFoxNMsTATElxENssNuMBsx 230868 TYPES OF VALID CALIFORNIA CO-CTING LICENSES HELD C20, C36, C16, B;C-4 .' )sBEsroscERTKFIcATDN: ~N0.L HaARDousraKmuIs: YES NOX 5. BoNDINGcohmwY: Insurance CompanyofThe West Agent: -~~&2 MiLper jab/$2.5 MiL total comAmR.DriverCo. Inc;ChristinePatterson'Bond Dept619 TELEPXONEhREACODE ( ) PXONENO, 238-1828 HAVECLAIMSEVEKBEENAUDEACWN~SURER? no p: YES, AmACH STA-. 6. omcsRsoxPRlNaPAusoFm3(M: Stanley Jarosin, Chairman of Board Daniel Jarosin, President * Elizabeth Jarosib. Secretarv-Treasurer 7. HAVE F’RINCPALS EVER HAD LlCENSI25 SUSPENDED? no - 8. ?L~SFIIUVIEM~~SUP~DEDFRO~~APRO~ no 9. INTHEPASTPIVEYEARS,HMFIIlM~EDACUIMONAPUBLICWOKKSpItor~ YES JUO X LmcwIoN? YES NO x 9. lFYES,ATTACHABRlEF D(PLANATIONANDRESULTSOFRACHCLAblAND/ORLlTICATXON. lo. EXPEUENCE~OFSTAFF: ‘. r Stanley Jarosin Chairman ' Professional Engineer,Mechanical 49 Daniel Jarosin President BusinessA.A.,Proj. Mgr,Estimating 22 Elizabeth Jarosin Secy-Treasurer 36 11. ~UcIIONAND~OFCONSTISUCnON~~~P~mVBYEAKSBYPIRM: (ATTAcHdXXT’IONALMTAIPNECESMZY)’ see attached : Page3 Sl,/MMlT MECHANICAL INC. Engineers & Contractors 4417 Glacier Avenue, San Diego, California 92120 * (619) 2-3270 / FAX (619) 2X&3887 * Calif. Lit. 230%8 PROJECTS COMPLETED AND REFERENCES July 1,1999 Rvan Aeronautical/San Dieao Replace Main Boiler in Power Plant. Comoleted 1999 Job #98116 $56.020 Project included demolition, concrete support foundations, main boiler, pumps, controls, 30” dia flue stack, insulation, piping, electrical. Contact: Ralph Espinola, Facility Engineer, (619) 291-73 11 Xl 119 Aviara Oaks Middle School Libratv. C&bad. CA Comoleted 1999 Job #970?2 $53.066 HVAC System (new) Project included 5 split air conditioners, ductwork, refrigerant piping, exhaust fans, insulation test and balance. Contact: Erik Zingheim, Project Manager, Taylor Ball of California, (619) 697-8499 Scrioos Hospital - El Caion. CA Rehab Boiler Plant Completed 1998 Job #98021 $235.491 Project included replacing boilers, tanks, hot water heaters, pumps, concrete founptions, controls, demolition, electrical, piping, flue stacks and insulation. Contact: Bruce Heimbach, Project Manager, (619) 678-7033 Tony Furrh, Facilities Director, (619) 526-553 1 C VA Medical Center - San Dieao Completed 1998 Job #97 107 $149.233 Angiography Department HVAC Project included fan coil unit, chilled water and hot water piping, insulation, ductwork, controls, test and balance. Contact: Tom Olson:, District Engineer, (619) 552-7593 Art Santos, Project Engineer, (619) 552-7695 Scripts Hospital - El Caion. CA New Chiller Plant Comnleted 1997 Job #95 107 $358.991 Project included Trane 250 ton chiller, pumps, 2 boilers and flue stacks, piping, accessories, plant ventilation system, contro!s and insulation. Contact: Bruce Heimbach, Project Manager, (619) 678-7033 Tony Furrh, Facilities Director, (619) 526-5531 $an Diego State Uuiversitv Campus Chiller Plant Filtering System Completed 1996 Job #95062 $69.302 Project included filtering system to clean cooling tower condenser water for (4) 500 ton chiller units. Contact: Scott Bums, Project Manager, (6 19) 594- 1706 UCSD Basic Science Building - San Dieao Mechanical Retrofit Comoleted 1995 Job #94053 $284.53 1 Project included replacing (2) 30,000 cfm air handling units, foundations, demolition, piping, insulation, controls and ductwork. Contact: Nancy Wittenmore, Contracts Manager, (6 19) 534- 1984 Santiago Benavides, Maintenance Supr. (619) 534-3392 Projects Completed and References July 1,1999 Page 2 General Dvnamics Convair - San Dieao Completed 1990-95 Sycamore Canyon: Design/Construct air conditioned Paint Booth for Cruise Missiles Keamy Mesa: Replace 500 ton centrifugal chiller Lindbergh Field: Bldg 53 DesignKonstruct HVAC Bldg 5: Roof steam piping Bldg 5: High Bay HW heating coils Bldg 3 : Bypass filter system Contact: Joy Stockton, formerly Convair (now closed) Bldg Facilities Supervisor; now Asst Plant Engineer, Cubic Corp - San Diego, , (619 ) 277-6780 $255,326 $229,048 $271,695 $ 45,906 $ 52,673 $ 7,495 VA Medical Center - San Diego Air Conditioning Systems Completed 1993 Job # 92091 $295.789 Project included demolition, retrofitting (3) 25,000 cfm WAC built up walk in air handling units, concrete foundations, piping, accessories, insulations, controls, electrical and test and balance. Contact: Tom Olson, District Engineer, (619) 552-7593 Art Santos, Project Engineer, (619) 552-7695 SDSU Student Residence Halls - San Diego Completed 1992 Job # 91062 $488.889 Renovate air conditioning for (5) Residence Halls Fast Track scheduling project included (5) 75 ton Trane chillers, (5) 800 gal hot water tanks, structural steel , pump, demolition, trenching, chilled water, hot water, concrete,. electrical, controls, and insulation. Contact: Jean Myers, Contracts Agent, (619) 594-2445 Mike Hector, Director of SDSU Housing, (619) 594-5742. SUMMIT MECHANICAL INC. Engineers & Contractors 1964 4417 Glacier Ayenue, San Diego, California 92120 - (619) 2803270/ FAX (619) 2803887 l aif. Lii. 230868 AU. l$isted Projects Were Ilfzsi&Construct GD/cm GD/C/SC GJXILF GIWIJF GD/E/KM GD/s;m GD/C~KM GD/E/KM CWE/KM GWEIKM GDMKM WED GDICIKM GDJCIKM GD/o/KM GD/C/~ GD/B/zF 500 Ton Centrifugal Chiller Cruise Missile HVAC Paint Booth System Purchasing Bldg 53 HVAC System Scotchweld Facility HVAC Paint Booth System Bldg 70 Acid Scrubber System ModifyHVAC System Transformer Rooms Ventilating System Shielded Enclosure HVAC System Bldg 33 Ccmiputer RoomHVAC System . . Bldg 33 Test Station HVAC System Bldg 70 Clean Room HVAC System l-lot water coil zo* system D.I. Bldg Bldg Water and monitoring System 76 ICNAC System 4 Avionics Laboratory HVAC System Centaur Cbqonents Room Humidification System Bldg 35WindTunnelHVAC System We have been doing large and smail projects for various General Dynamics Divisions here in San Diego since 1965. GD - General Dynamics KM-sG?amyMesa C Y ccmvair LF-I&xiber&pield E - Electronics RB-RanchOBernardo S - Space SC-SycamoreCanyon 2/l/94 SUMMIT MECHANICAL INC. : Engineers &Contractors 4417 Glacier Avenue, San Diego, California 92120 l (619) 28CL327OI FAX (619) 2804887 l Calif. l.ii. 230868 1964 Project Contracted With Cruise Missile HVAC Spray Booth * . Navy Clean lbcm * Security Pacific Bank Branch Guild Mortgage Bldg * Yacht, 98 ft "Dolphin" * Silveming School Tifereth Israel Synagogue Pacific Telephone San Ysidro Pacific Telephone lkpansion SanYsidroMiddle School 3 San Diego Medical Bldgs * AvionMedicalBui1din.g" San Diego Federal Bank Bldg. *** PT&TGoldenTriangle La Jolla High Auditorium Paradise Hills Medical Bldg * FoodmakerBuilding~ San Diego Federal Bank Branch General T$namics Bldg 53 * MCRDBowlingAlley Computer Facility &pan&n Grossmont BankComputer Center * Microbiology Lab Univ. Hospital Rec'g Stores . 5 Swenson Ice Crearkj Parlors * SDSU Llibrq Port Bldg First Fldor *Jr 500 Tan chiller Replacement HVAC Bldg A-83 ; United Presbyteriari Church ' Engine~ing Department * Fme Hoods Systems!* Maxwell Labs Clean Room * NASSCO Mezzanine * Energy Reduction, Bldg 8560 ** HughesAircraftConiputerRoom* Clean Room, Bldg KkO5 ** General Dynamics U.S.N. North Island M.H. Golden Co. Nielsen Construction Co. Robert Peterson E.V. Harris Constuction Mabie and Mintz Inc. Dunphy Construction Co. Ninteman Construction Co. Whitwer Construction Co. E.V. Harris Construction Ninteman Construction Co. Amolt Bennis Inc. $.V.Xarris Construction Louetto construction, Inc. Am. Medical Bldg Guild Nielsen Construction Co. Ninteman Construction Co. .GEzneral Dynamics U.S. Navy OICC SDSU Grosmont Bank Scripps Clinic university of Calif. Nautilus Enterprises SDSU Port District General. Dyrlamics U.S.Naxy, NOSC E.V. Harris Constuction NASSCO Alcoa Maxwell Labs Callahan Bros. U.S.Navy, NOSC Nintman Construction Co. U.S.Navy, N.A.S. Miramar * DesignConstrukt * Relnodel -TenantImprov&nt San Diego Operations, rank Assembly Building 4297 Pacific Highway LOCKREED MARTIN/ San Diego, CA 92110-3215 March 6,1998 Dan Jarosin Summit Mechanical 4417 Glacier Avenue San Diego, CA 92120 Walt Buechele, Senior Buyer Reference: Downspout Replacement, USN Old Town Campus Just wanted to take the time and send you a thank you for a job well done. Our USN customer is pleased with the outcome of the job. It seems a rarity these days to have a construction contract completed ahead of schedule, within budget and with no changes. That is a solid statement about the quality of workmanship and attention to detail for Summit Mechanical. Look forward to working with you and your father in the future. Regards, W ah Bghele Phone 619.542.3014 Fax 619S42.3499 Itcilitics Ihwclop~~rcvrt Mailing Address: Post Ofice Box 28 La Jolla, (=A 92038-lW28 Office Address: 4275 Campus Pbint Court Sen Diego. CA 92121 7’dephone: 619.678.63.38 Ihx: 619.678.7289 ScrippsHealth May 6,1997 Mr. Stan Jarosin Summit General, Inc. 4417 Glacier Avenue San Diego, CA 92120 Project: Scripps Hospitat East County Chiller Building Addition SH #34-9507 Subject: Project Performance Dear Stan: I wanted to write to let you know how much we appreciated the care that your company took in executing the chiller building project at Scripps East County. Of all our properties, work at that site requires a great amount of forethought and planning prior to execution, and that is the aspect of the project where 1 feel your firm stood out. Of contemporary contractors, I cannot think of another who would spend as much time with field surveys and self-generated shop drawings to insure that the physical installation would proceed without conflicts. We are quite pleased with the finai product. I hope that we have the opportunity to build other projects together in the future. Sincerely, ScrippsHealth / Project Manager 34-9507.034 UNfVERSITY OF CALIFORNIA, SAN DIEGO UCSD BERKBLEY l DAVIS l IRVINE l LOS ANGELES l RIVERSIDE l SAS DIEGO l SAS FRASQSCO SANTA BARBARA l SAS-IX CRUZ OFFICE OF THE A&%S%WT VICE CHANCELLOR 9500 GLMAN DXIVE-O!J16 FACILIT?l% DESIGN & CONSTRUCT’lON LA JOUA. CALIFOIWA 9W&OWi (6lY) SM.2177 FAX: (619) 5344363 January 25,199s Sum&t Gcmxal, Inc. 4417 Glacier Avenue San Diego, California 92120 Attention: Stan Jamsin, President SUBJECT: Re@ace A& Xandling Units AC-2 and AC-6 Basic s&ice Buil&g Mechanic Equipment upgrade l?D&C Jub No. 2397 UCSD Con!ract 2397/A&W/967874 sub Elc No. Dear Stan: I wish to express my thanks to Summit for a good quality job. Stan 3amin did au outstanding job in run&g the project, f-iis a&&on to detail pnd planning avoided many potent&I probhns. The Basic Scicncc Building is a c&ical Mull teaching and mearch facility that is very sensitive to disruptiors. The fhst track Jla;ngc over thatwasnccessarywaswehxecutedandontime. Ithasbeeaa~ctowork~~a~n~~asdcdicatcdaadcoopcrativo~~ WC wish you the best, and hopefully will set you soon on another UC!SD pro&et. Kifah W. .layyousi, P.E. Senior EngimWUCSD Project Manager Facilities Design & Co&u&cm DEPARTMENT~F Vf ~~~~AFFAIRS Medic31 Center 3350 Li: Jo!la Village Drive San Diep CA 92161 September 27, 1993 tn t?e&Yty R8f81 To: 664/90C:GO . Summit General, Inc. A'ITN: Stan Jarosin, Pres. 4417 Glacier Avenue San Diego, CA 92120 RE: Contract ‘V664C-747, VA Project WI.-103, Replace/Repair Air Handlers Dear Stan, I want to thank you for the excellent job that you and Dan Jarosin have done on this project. Dan's attention to detail and ability to plan and phase the pro,ject greatly minimized the . disruption to the Medical Center.8 - The Engineering folks are very happy with the quality and timeliness of your work and I am very happy with the way you worked with us to resolve the numerous issues which came up during the project. Sincerely, ,G&pi!pjQj Gerald J. Olliges Contracting Officer! HOUSING AND RESIDENTIAL LIFE OFFICE SAN DlEGO STATE UNIVERSITY SAN DIEGO CA 921824568 (619) 594-5742 May 19, 1992 Stan &rosin, President Summit Gene&& Inc. 4417 Glacier Avenue San Diego, CA 92120 Dear Stan; Thank you for a job well done on the “Renovation of the HVAC Chiller’ Systems and Domestic Hot Water Storage Tank Systems” for our five Red Brick Residence Halls. ’ Dan &rosin’s attention to detail and timing brought the project in within budget. and, equally imporfat, met our critical Mg needs. The effort made to minimize disruption of our service to residents was effective and appreciated. It has been a pleasure working with you and Dan and we wish you continued success. Sincerely; 4 _ /Jeff Urdahl ! Associate Director, . Your firm is to be congratulated for the professional manner which you conducted this project and for the quality of work. P El t 1 F4 b 9444 WAPLES STREET, SUlTE 180 * SAN MEGO, CA 92121 0’ 61 Q-552-881 0 NEWPORT BEACH * ONTARIO l HONOLULU May 15, 1992 Summit General, Inc. 4417 Glacier Avenue San Diego, California 92120 Attention: Mr, Stan Jarosin, President Reference: SDSU -: Red Brick Resic?ezce Halls Chiller/H.W. Storage Tank Replacement PEI 21i31cSs Dear Stan: in Summit General's .cooperative and helpful attitude through all phases of construction has made this project a complete success. Dan Jarosin has been particularly effective in running the job and meeting the coxapletion requirements. Xmp up the good work! ;: S.H. Eisman, P.E. SHE:ahs : -. GENERAL DYNAMi-cS -. Cmvair Divisicm - Kearny Mesa Plant, P.O. 50x 85357, San Diego, California 92138 G Lindbergh Field Plant, P.0. Box 85377, San D/ego, Cabfornya 92138 Procuretient P.O. Box 8G827 0 Accounting P.O. Box 85318 619573-@OO 25 August 1388 Mr. Stan Jarosin, President Summit Heating & Air Conditioning, Inc. - 4417 Glacier Avenue San Diego, California 92120 Dear Mr. Jarosin; I would like to take this opportunity to express Convair's appreciation for the outstanding heating, ventilating and air conditioning (HVAC) system you installed in our Lindbergh Field Building 53. Summit was competitively selected to design and install a replacement HVAC system in a 25-year-old office building. The task also included removal of the old system, which introduced problems that were very effectively dealt with by your company. Work was conducted primarily on an after-hours basis to preclude disruption of our 'office during regular hours. Evidence of that activity was not a problem during the day in that tools and debris were carefully removed from the office areas each night before crew depa.rture. Interference with our personnel was maintained at an absolute minimum. Summit provided a milestone schedule covering a period of performance of approximately five (5) months. You were consistently ahead of schedule except when selected problems were encountered. Upon resolution 0 f the.problcms you returned to an on-schedule pmition and completed the task as planned. Summit was very professional in every respect, but also most cooperative and responsive in effecting- minor changes and revisions during contract perfgrrzance. Your employees were consistently friendly and courteous. With over 30 years in the purchasing profession, I would like to : say that this has been a particularly gratifying experience for me. I don't recall when I have seen a family team exhibiting such personal pridelin their work, always going beyond the letter of the contract to'assure a satisfied customer in every respect. You really are a great team, and I wish you the very best of continuing success !in your company. Please feel free to use me as a reference at ariy time. Sincerely, -R. N'. Eabcock Division Vioe President Procurement I P; ff \ 9 0 3 i? xl nc Ji @J +I e i. ig h ,$ .$ ‘P ? c ;h 2 1 ,A \J 1 - -*“.--” -... .L#+._.>. -,.,,.,.. ^PV..,P . ._ . M,.” *_. _. I. ^ .++.I** ..~ I <._ --“- z .--i.prLJ* “,%..r,r*UII ,,--,....*e A e 1 r I , 3 x b I - 1 / 5 i : ( I / I ; 1 .:I I,*. ,, ‘, ,- i /, ; ;’ /, i,:: -.:.‘.‘ :’ .,L’ / :., ,.I’,’ ., j ..” “. ‘,;,.;. ;y ,; : 1 ,i ,,.: ‘: ,I;‘. ‘? ;: ‘, .,; .‘.‘ : _. -/ . . ,, - .- - . Lu- -- ,- City of Carlsbad July 25, 2000 ADDENDUM NO. 2 RE: CARLSBAD SWIM COMPLEX SOLAR SYSTEM RENOVATION, Contract No. FACOO-09 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. -> _c- ceT-bpL g )f?i;, zJfX~~& RUTH FLETCHER Purchasing Officer RF:jik Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder’s Signatur SUMMIT MECHANICAL INC. 4417 GLACIER AVENUE SAN DIEGO, CALIFORNIA 92120-3303 (619) 280-3270 FAX 280-3887 1635 Faraday Avenue * Carlsbad, CA 92008-7314 l (760) 602-2460 l FAX (760) 602-8556 @ ,.- July 25,200O ADDENDUM NO. 2 SWIM COMPLEX SOLAR SYSTEM RENOVATION CONTRACT NO. FAC00-09 The following additions and clarifications have been made to the specifications. Specifications for Swimming Pool Solar Water Heating Panels: 0 On page I., change Section G.4. to read as follows: The solar panels shall carry a ten year warranty against defects in material and workmanship for all $~I~w$WICII components w 7 which is signed by the installer. SCOTT CARROLL Project Matiager City of Carlsbad July 12, 2000 ADDENDUM NO. 1 RE: CARLSBAD SWIM COMPL’EX SOLAR SYSTEM RENOVATION, Contract No. FACOO-09 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 odti Bidder’s Signatu ,- SUMMIT MECHANICAL INC. 4417 GLACIER AVENUE SAN DIEGO, CALIFORNIA 92120-3303 (619) 280-3270 FAX 280-3887 .1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (76b) 602-2460 - FAX (760) 602-8556 @ Jd 'NE 10147 AM CjRLSBAD,PUBLIC WORKS FAX NO. 760 7203562 ' 'h P. 2 July II,2000 ADDENDUM NO. 1 SWIM COMPLEX SOLAR SYSTEM RENOVATION CONTRACT NO. FACOO-09 The following additions and clarifications have been made to the specifications. Specifications: 0 On page 5: Add the f@lowing classification as acceptable for for this contract - C-4. a On page 8: In the first paragraph, change Contract No. from FACOO-02 to FACOO-09. fGzz!iic Project Manager CONTRACT PUBLIC WORKS This agreement is made this 14z-r day of SEPTEMBER 20 00 , by and be- tween the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”), and SUMMIT MECHANICAL INC whose principal place of business is 4417 GLACIER AVENUE, SAN DIEGO CA 92120 (hereinafter called “Contractor”). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: SWIM COMPLEX SOLAR SYSTEM RENOVATION CONTRACT NO. FAC00-09 (hereinafter called “project”) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Opera- tor/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Pro- visions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or speci- fied, but which are essential to the completion of the work, shall be provided at the Contractor’s ex- pense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will’ be the interpreter of the intent of the Contract Documents, and the City’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working /” day of each month. b q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 26 of 60 Pages /“- 5. Independent Investigation. Contractor has made an independent investigation of the job- site, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor’s convenience only, and City does not warrant that the condi- tions are as thus indicated. Contractor is satisfied with all job conditions, including underground con- ditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual na- ture, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. ;-- City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time required for, performance of any part of the work shall issue a change order under the proce- dures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially dif- fer, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, contractor shall not be excused from any sched- uled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for em- ployment of all agents, employees, subcontractors, and consultants that are included in this Con- tract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and rc indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in con- nection with the performance of the Contract or work; or from any failure or alleged failure of Con- tractor to comply with any applicable law, rules or regulations including those relating to safety and b q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 27 of 60 Pages health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for - f loss or damage caused by the sole or active negligence or willful misconduct of the City. The ex- penses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the con- tract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the con- tract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests sepa- rate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1 ,OOO,OOO combined single limit per occur- rence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggre- - gate in the amounts specified shall be established for the risks for which the City or its agents, offi- cers or employees are additional insured. b. Business Automobile Liability Insurance: $1 ,OOO,OOO combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. c. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO per incident. Workers’ compensation offered by the State Compensation Insurance Fund is accept- able to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability In- surance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as re- spects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the wntractor; premises owned, leased, hired or borrowed by the contrac- tor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its offi- cials, employees and volunteers. Any insurance or self-insurance maintained by the City, its offi- 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 28 of 60 Pages cials, employees or volunteers shall be in excess of the contractor’s insurance and shall not wntrib- ute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liabil- ity. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cover- age or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured re- tention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcon- tractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of in- surance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorse- ments for each insurance policy are to be signed by a person authorized by that insurer to bind cov- erage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor’s bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac- cordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter I, Article I .5 (commencing with section 20104) which are incorporated by reference. A copy of Article I.5 is in- cluded in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Gov- ernment Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Contract No. FACOO-09 (Insert Contract Number) Page 29 of 60 Pages i- (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. . (D) Penalty Recovery. If the City of Carlsbad seeks to rewver penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years, (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. -. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter I, Ar- ticle 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s princi- pal place of business as specified above, Contractor shall so inform the City by certified letter ac- companying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter I, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation es- tablished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or othetwise, any such provision is not inserted, or is not cor- rC Y rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Contract No. FACOO-09 (Insert Contract Number) Page 30 of 60 Pages d- 16. Additional Provisions. Any additional provisions of this agreement are set forth in the “General Provisions” or “Supplemental Provisions” attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE All-ACHED (CORPORATE SEAL) CONTRACTOR: L5ze?hf/7-HmA#/cHC, NC / (name of Contsctor) By: LikAJ d - /EL A5Fasm. 4$&s-,2* ~ (print name andtitle) , &/miiG# tA$!&sw . ~c~zLq59y (print name and title)/ President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney L . By: t%%&t, k’. &bh%hb Deputy City Attorney Contract No. FACOO-09 (Insert Contract Number) Page 31 of 60 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,- State of California County of San Diego On before me, the undersigned Notary Public, personally appeared ~rM7 Ji$2?i25~~1 aix? ~llEz&%l7 Sa&~r? Name of Mgner(s) , _ personally known to me OR / - proved to me on the basis of satisfactory evidence to be the perspn(sl whose name(s) -subscribed to the within instrument and to me that e executed the same in authorized capaciQ(i& and that by d signatu&&on the instrument the person(s). or entity upon behalf of cted, executed the instrument. K Swearingen, Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. z CAPACITY CLAIMED BY SIGNER Individual DESCRIPTION OF ATTACHED DOCUMENT & J---~~ Title(s) / Title or Type of Document Partner(s) _ Limited i3lpf lid 5+/3/m General - Number of Pages Date of Document Attorney-in-Fact Trustee(s) Guardian/Conservator Other: SIGNER IS REPRESENTING: l/zm Name of person(s) or Entity(ies) Signer(s) other than named above. Noiq Acknon4edgemm1 Pqe 1 of 1 October 1994 ‘- Q 1964 SUMMIT MECHANICAL Engineers & Contractors Div. of Summit General, Inc. * 4417 Glacier Avenue, San Diego, CA 92120 . (619) 280-32701FAX (619) 280-3887 CALIF. LIC. 230868 813 l/2000 CITY OF CARLSBAD PURCHASING FARADAY CENTER, 2ND FLOOR 163 5 Faraday Ave Carlsbad, CA 92008-73 14 ATTENTION: Ruth Fletcher, Purchasing Officer. RE: CONTRACT #FACOO-09 SWIM COMPLEX SOLAR SYSTEM RENOVATION. SUBJECT: Return of signed contract documents, insurance certificates and bonds. Please return to us a copy of the fully executed contract pages 26 -3 1 for our file. Please note: The Bond underwriter has written in a clarification at the bottom of the Bond which states: “Warranty shall be for a period of one (1) year from and after the date of the completion and acceptance by the city”. This is in compliance with the one year warranty period requested in the SUPPLEMENTAL PROVISIONS on page 55 under “COMPLETION AND ACCEPTANCE and on page 41 under ‘BONDS’. If you have any questions or comments please feel free to call. Thank You, Dan Jarosin, President BOND NO. 172 19 28 PREMIUM: INCLUDED LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2000-269 , adopted AUGUST 15, 2000 , has awarded to SUMMIT MECHANICAL INC (hereinafter designated as the “Principal”), a Contract for: SWIM COMPLEX SOLAR SYSTEM RENOVATION - FAC00-09 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 and all of which are in- corporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re- quire the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, SUMMIT MECHANlCAL INC , as Principal, (hereinafter designated as the “Contractor”), and lNs-cE coMpBNp OF THE wEsT as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIXTY FIVE THOUSAND THREE HUNDRED SIXTEEN AND OO/OO---------------------- Dollars ($ 65,316.OO ) said sum being an amount equal to: One hundred percent (lOO&) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable does not exceed five mil- lion dollars ($5,000,000) or, Fifty percent (50%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($lO,OOO,OOO) or, Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of Cansbad under the terms of the contract if the contract exceeds ten million dollars ($lO,OOO,OOO) and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the per- formance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Depan- ment from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082). Contract No. FACOO-09 (Insert Contract Number) Pa& 32 of 60 Pages Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, exten- sion of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 3 0 jk- day of igoGosT- ,200o. CONTRACTOR: 6z&fjw/ 7-M5?s&w~/. /n/c (name of Contractor) By: 56 ere) (print name here) /G+b%szdE/\I 7- (title and organization of signatory) (print name here) iz5Tz=c19GnEY (title and organization of signatory) Executed by SURETY this 25th day of AUGUST ,280 . SURETY: INSURANCE CONPANY OF TEE WEST (name of Surety) 11455 EL CAMINO REAL SAN DIEGO, CA. 92130-2045 (address of Surety) 858-350-2900 (telephone number of Surety) By: (./L-L-c i-0 (signature of Attorney-in-Fact) CEUUSTINE A. PATERSON (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: &&&&ji &. M,&m Deputy City Attorney f- Contract No. FACOO-09 (Insert Contract Number) Page 33 of 60 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5807 State of California County of San Diego On 8-25-00 DATE personally appeared before me, America San Martin, Notary PubI& t NAME TlTLE OF OFFICER - EG, -JANE DDE. NOTARY PUBUC Christine A. Paterson 8 NAME(S) OF SIGNER(S) q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(X) whose name@) is- subscribed to the within instrument and ac- knowledged to me that-she- executed the same in his/her/their authorized capacity(a), and that byz&Wher#&d!P signature(x) on the instrument the person@), or the entity upon behalf of which the person(X) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove vkluable to persons relying on the document and could prevent fraudulent reattachment of this four. CAPACITY CLAIMED BY SIGNER Cl INDIVIDUAL 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT.’ 0 PARTNER(S) .‘o LIMITED 0 GENERAL 0 AllORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF P’TSCWS) OR EN-lllY(IE.9) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave.. P.O. Box 7184 l Canoga Park, CA 91309-7194 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY I-- KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Ca!ifornia Corporation, does hereby appoint: CHRISTINE A. PATERSON its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: “RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.” IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by Its duly authorized officers this 24th day of February 1999 STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO INSURANCE COMPANY OF THE WEST IN WITNESS WHEREOF, the undersigned certitj that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal’s acknowledgment of the signature on the power of attorneyzrsuant to California Probate Code $4121 and 4122. . I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 25th day of AUGUST 2000 -. ICW 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California “I- County of San Diego On before me, the undersigned Notary Public, personally appeared rnH/C~ 3mami afzf L?/hm~4 J2w?os,fl Name of Signer(s) , __ personally known to me OR / - proved to me on the basis of satisfactory evidence to be the persm whose name(s) -subscribed to the within instrument and to me that he/she/they executed the same in authorized capaciw, and that by w signature&on the instrument the person&or entity upon behalf of which the person(s) acted, executed the instrument. - K. Swearingen, Notary Public” OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual - Title(s) Title or Type df Document - Partner(s) _ Limited General - Attorney-in-Fact- - Trustee(s) Guardian/Conservator - Other: - SIGNER IS REPRESENTING: Name of person(s) or Entity(ies) , stim ml t- /@&9&/?,&2~ 33u7w9 Number of Pages 4q3/00 Date of Document Signer(s) other than named above. ,- NOrmy Ack~.eme~ Page 1 of I Ocioba 1994 BOND NO. 172 19 28 PREKCUM: $941.00 FAITHFUL PERFORMANCEWARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2000-269 , adopted AUGUST 15, 2000 , has awarded to SUMMIT MECHANICAL INC , (hereinafter designated as the “Principal”), a Contract for: SWIM COMPLEX SOLAR SYSTEM RENOVATION FACOO-09 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re- quire the furnishing of a bond for the faithful performance and$varrantv of said Contract; NOW, THEREFORE, WE, SUMMIT MECHANICAL INC 9 as Principal, (hereinafter designated as the “Contractor”), and INSURANCE COMPANY OF THE WEST . , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIXTY FIVE.THOUSAND THREE HUNDRED SIXTEEN AND OO/OO---- Ic -a----- ----------------------------Dollars ($ 65,316.0() ) said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind our- selves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any al- teration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, exten- sion of time, alterations or addition to the terms of the contract or to the work or to the specifications. -. *Warranty shall be for a period of one (1) year from and after the date of the completion and acceptance by City. \ l m PIS 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Ptiae 34 of 60 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 30 +A-- day of AU&OS f’ ,200o. CONTRACTOR: k5-zx9H/~/y~c~##/L. AC. (name of Contractor) (print name here) rganization of Signatory) C (print name here) -5issf?6~/\/ (Title and Organization of signatory) Executed by SURETY this 25th day of ADGUST ,2cw . SURETY: INSURANCE CONPANYOF THEWEST (name of Surety) 11455 ELCBMINO REAL SAN DIEGO, GA. 92130-2045 (address of Surety) 858-350-2900 By: (signature of Attorney-in-Fact) CEUUSTINE A. PATERSON (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer to bind the corporation,) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: t&%dii~.~~ Deputy City Attorney Contract No. FACOO-09 (Insert Contract Number) ‘+a@e. 35 of 60 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - County of San Diego before me, the undersigned Notary Public, personally appeared p.wwI J!I!k&m aMcl L5&2m% %.yiwm-~~ Name ofSlgner(s) ) - personally known to me / OR - proved to me on the basis of satisfactory evidence to be the per&&, whose nan@) -i&%bscribed to the within instrument and to me that -executed authorized capacit&iesJ and that by signatur&on the instrument the person@, or entity upon behalf of which the persoglSlacted, executed the instrument. Commission # 1164281 Notary Public -California San Diego County W h4yComm.ExpiiesDec5,2001 and official seal. K. Swearingen, Notary Public OPTIONAL .- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual IT c~?J?>~B%5+ 5&a* && @&&bad liK+&W Title(s) Title or Type of Document @ rnC~o-J4 - Partner(s) _ Limited 3.5@ IPD 473/m General Number of Pages Date of Document - Attorney-in-Fact- - Trustee(s) Guardian/Conservator - Other: - SIGNER IS REPRESENTING: Name of person(s) or Entity(ies) Signer(s) other than named above. ,- N&y Achnowledgemeni Pqe 1 of 1 oc~lll?r 1994 4 r Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: CHRISTINE A. PATERSON its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, cn behalf of the Company. fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: “RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Poilvers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.” IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 24th day of February 1999 STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO INSURANCE COMPANY OF THE WEST IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal’s acknowledgment of the signature on the power of attorne-y%suant to California Probate Code $4121 and 4122. Janis Theodore I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 25th day of AUGUST 2000 -A ,- ICW 37 . CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Diep;o On 8-25-00 DATE personally appeared before me, America San llartin. Notary Public t NAME. lllLE OF OFFICER - EG. -JANE DOE. NOTAAY PUBLIC Christine A. Paterson , NAME(S) OF SIGNER(S) q personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(a) whose name(Z) is- subscribed to the within instrument and ac- knowledged to me that-she- executed the same in his/her/their authorized capacity@@, and that byxWWherB&B signature@) on the instrument the person@), or the entity upon behalf of which the person(X) acted, executed th’e instrum’ent. OPTIONAL Though the data below is not required by law, it may prove v&able to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT q INDIVIDUAL cl CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LlMlTED 0 GENERAL q All-ORNEY-IN-FACT q TRUSTEE(S) E ~$U;lAN/CONSERVATOR NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: FUME OF pEAsoN OR EN?ITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park. CA 91309-7184 .,- OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose ad- dress is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and whose address is hereinafter called “Contractor” and whose address is called “Escrow Agent.” hereinafter For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into be- tween the City and Contractor for SWIM COMPLEX SOLAR SYSTEM RENOVATION - FAC00-09 in the amount of dated (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the de- posit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the es- crow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the 9 and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and pay- ment terms shall be determined by the City, Contractor and Escrow Agent. ,*-- ; 5. The interest earned on the securities or the money market accounts held in escrow and all inter- est earned on that interest shall be for the sole account of Contractor and shall be subject to with- drawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow q Ec 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 36 of 60 Pages Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Con- tract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disburse- ment of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title Name Signature Address For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. b q 4/3/00 Contract No. FACOO-09 hsert Contract Number) Page 37 of 60 Pages ,f- IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: /- Title Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. FACOO-09 (Insert Contract Number) Page 38 of 60 Pages /- SUPPLEMENTAL PROVISIONS FOR SWIM COMPLEX SOLAR SYSTEM RENOVATION CONTRACT NO. FACOO-09 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS l-l TERMS Add the following section: .r l-I.1 Reference to Drawings. Where words “shown , ” “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans ac- companying these provisions, unless stated otherwise. Add the following section: l-l .2 Directions. Where words “directed”, “designated , n “selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engineer,” un- less stated otherwise. Add the following section: l-l .3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, accep- tance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. ?3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 39 of 60 Pages f-- City Council -the City Council of the City of Carlsbad. City Manager-the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the second level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Con- tract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, di- rected, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Fed- eral income taxes paid and administered, as applicable, by the Contractor. When used in Section 2- 3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the Public Works Manager/General Services of the City of Carlsbad or his/her approved representative and first level of appeal for informal dispute resolution. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Con- tractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“. Modify paragraphs three and four to read: The Contractor shall provide a faithful petform- ante/warranty bond and payment bond (labor and materials bond) for this contract. The faithful per- formance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: ?3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 40 of 60 Pages 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the c” total amount payable does not exceed five million dollars ($5000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5000,000) and does not exceed ten million dollars ($1 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 O,OOO,OOO). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and author- ized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certiied copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. r- If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execu- tion of the bond. The financial statement shall be made by an officer’s certificate as defined in Sec- tion 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifica- tions for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative Commit- tee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provi- sions section of this contract. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Con- tract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer’s Installation Recommendations. 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 41 of 60 Pages /- Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have prece- dence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Re- submittals shall be labeled with the number of the original submittal followed by an ascending alpha- betical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contrac- tor’s letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’s certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: i- “I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built’ record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the vari- ous bid items and no additional payment will be made therefor. Contract No. FACOO-09 hwt Contract Number) Page 42 of 60 Pages /-- 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engi- neer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pur- suant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, ex- amine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel; and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasona- bly interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. f- SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quan- tity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Con- tractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. G 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 43 of 60 Pages ,- 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: 1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15 4) Other Items and Expenditures . . 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as com- pensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subwn- tractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the ex- tra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or - failure to act, .by the Engineer, including failure or refusal to issue a change order, or for the happen- ing of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Account- ing, nor to any claim that is based on differences in measurement or errors of computation as to con- tract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particu- lar circumstances giving rise to the potential claim, the reasons for which the Contractor believes ad- ditional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-I 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” r BY: Title: p3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 44 of 60 Pages Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the af- fected work is completed. Failure to do so shall be sufficient cause for denial of any claim subse- quently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. r”‘ Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall at- tempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Manager/General Services 3. Public Works Director 4. City Manager The Contractor shall submit a complete report within 20 working days after completion of the dis- puted work stating its position on the claim, the contractual basis for the claim, along with all docu- mentation supporting the costs and all other evidentiaty materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Con- tractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS ,-. 20104. (a)(1 ) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a b q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 45 of 60 Pages public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 - (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that “public work” does not include any work or improvement contracted for by the state or the Re- gents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the wn- tract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January I, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. ..“-. i (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writ- ing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to de- fenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000) the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the. claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested docu- mentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to re- spond within the time prescribed, respectively, and demand an informal conference to meet and con- fer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For pur- poses of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time F-- I utilized by the meet and confer process. b q 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 46 of 60 Pages - (f) This article does not apply to tort claims and nothing in this article is intended nor shall be wn- strued to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinter- ested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is ex- tended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141 .l 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commenc- ing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitra- tion. /- (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the par- ties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to ex- ceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-I MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe ac- cess to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, In- dustrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Or- ders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and man- ner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1 this Contract. Contract No. FACOO-09 (Insert Contract Number) Page 47 of 60 Pages ..- 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemen- tal Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved ma- terial from other approved sources. If any product proves unacceptable after improper storage, han- dling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the re- quirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-I .6 Trade names or Equals, add the following: The Contractor is responsible for the satisfac- tory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is de- termined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substi- tuted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, re- move and dispose excess of all materials used to accomplish the Work. Materials shall be deliv- ered to the site of the work only during working hours, as defined in section 6-7.2, and shall be ac- companied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ?3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 48 of 60 Pages SECTION 5 -- UTILITIES 5-I LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the lim- its of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers suffi- cient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-I CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within calendar days after receipt of the “Notice to Proceed”. 30 Add the following section: 6-I .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s manage- ment personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s re- sponsible project personnel attend the Preconstruction Meeting will be grounds for default by Con- tractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. ,.-- Add the foltowing section: 64.1 .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Base- line Construction Schedule shall include each item and element of sections 6-l .2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Contract No. FACOO-09 (Insert Contract Number) Page 49 of 60 Pages f- Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the prece- dence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to rep- resent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to pro- ceed and conclude with the date of final completion per the contract duration. The Baseline Con- struction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-I .2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram show- ing all of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 6-I .2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. ,- Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-l .2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Cor- poration to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Mi- crosoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thurs- days, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. r- Add the following section: 6-I .2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s Contract No. FACOO-09 (Insert Contract Number) Page 50 of 60 Pages description shall accurately define the work planned for the activity and each activity shall have rec- rc‘ ognizable beginning and end points. Add the following section: 6-I .2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-I .2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-l .2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. /- Add the following section: 6-l .2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Con- tractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all sched- ule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and pri- vate, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-l .2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineers determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-l .2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the - Notice to Proceed, and will receive payment for the schedule in accordance with section 6-l .8.1. Contract No. FACOO-09 (Insert Contract Number) Page 51 of 60 Pages Add the following section: 6-I .2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-l .8.1. Add the following section: 6-l .2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the correc- tions and changes of the comments prior to receipt of payment per section 6-l .8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as re- quired hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. Add the following section: 61.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the En- gineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (pa- per) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal re- quirements of section 2-5.3 and will include each item and element of sections 6-l .2 through 6-l .2.9 and 6-1.3.1 through 6-I .3.7. F-- .’ Add the following section: 6-I .3.1 Actual Activity Dates. The actual dates each activity was started and/or completed dur- ing the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-I .3.2 Activity Percent Complete. For each activity underway at the end of the month, the Con- tractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-I .3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’12”) high density diskette, labelled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6- 1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. . Add the following section: 6-1.3.4 Llst of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-I .3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. ,-’ Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their du- rations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Contract No. FACOO-09 (Insert Contract Number) Page 52 of 60 Pages Add the followina section: 6-I. 4 Engine&s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly up- dated construction schedule marked “Not Accepted”. Add the following section: 6-I .4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1.8.2. Add the following section: 6-I .4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the cor- rections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-l .8.2. Add the following section: 6-I .4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the wmments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein-the Con- tractor may elect to proceed with the project at its own risk. Should the Contractor elect not to pro- ceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone dura- tion, the Agency may withhold Liquidated Damages for the number of days late. Should a subse- quent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. Add the following section: 6-l .6 Interim Revisions. Should the actual or projected progress of the work become substan- tially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be sub- mitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. plc @% 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 53 of 60 Pages Add the following section: /I- 6-I .8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of J!J& dollars will be made subsequent to the initial payment for the Construc- tion Schedule for each monthly Construction Schedule, updated as required herein, that the Engi- neer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction sched- ule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per section 6-1.3 Preparation of Sched- ule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the ini- tial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and ma- terials, and performing all operations necessary to complete the Project Work as shown on the Pro- ject Plans and as specified in the Specifications. The work includes removing existing solar pan- els and installing and testing new panels and on-site operator maintenance training for the new system. I/- 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the dura- tion of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION, Add the following: The Contractor shall diligently prosecute the work to completion within working days after the starting date specified in the Notice to Proceed. 30 /- 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fri- days, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. ?3 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 64 of 60 Pages .- 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engi- neer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work, If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of FIVE HUNDRED dollars ($500.00). :- Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. 7-5 PERMITS. ,- Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 55 of 60 Pages /- permit(s) shall be included in the price bid for the appropriate bid item and no additional compensa- tion will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensa- tion will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust con- trol throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and wel- fare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all require- ments of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 9%08-DWQ and NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity” Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214~5.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 O-l .6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 O-l .6for materials and section 31 O-5 et seq. For workmanship. Wam- ing and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Sta- tionary signs that warn of non-existent conditions shall be removed from the traveled way and from q b 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 56 of 60 Pages the view of motorists in the traveled way or shielded from the view of the travelling public during such .---- periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install sta- tionary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contrac- tor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in ad- vance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the En- gineer. f- Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materi- als, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pur- suant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -- MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTlTIES FOR UNIT PRICE WORK 94.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. /- 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the ?a 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 57 of 60 Pages closure date as basis for making monthly progress payments. The estimated value will be based on /L contract unit prices, completed change order work and as provided for in Section 9-2 of the Stan- dard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s in- formation. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Sec- tion 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the un- disputed supplemental payment request is not made within thirty (30) days after receipt by the En- gineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in sub- division (a) of Section 685.010 of the Code of Civil Procedure. /- Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the wn- tract bid item and change order item with quantities and payment amounts and shall show all deduc- tions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Pay- ment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make writ- ten statement disputing any bid item or change order item quantity or payment amount. The Con- tractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the En- gineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment esti- - I mate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be con- sidered that was not included in this written statement, nor will any claim be allowed for which written 4/3/00 Contract No. FACOO-09 (Insert Contract Number) Page 58 of 60 Pages notice or protest is required under any provision of this contract including sections 3-4 Changed - Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further in- formation and details as may be required by the Engineer to determine the facts or contentions in- volved in its claims. Failure to submit such information and details will be sufficient cause for deny- ing the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under sub- section 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: g-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Contract No. FACOO-09 (Insert Contract Number) Page 59 of 60 Pages //- r- APPENDIX “A” RESIDENT NOTIFICATION EXAMPLE I CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (76O)JMMOCfX FIELD # (760)X+X-XXXX Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt con- crete over the existing roadway surface. This construction will re- quire the closing of your street to through traffic for one day. Your street, from XYZ St. to XM Awe. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: from 7:OOA.M. to 500 P.M. If you don’t plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad Engineering Inspection Department. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the as- phalt is laid as running water will cause damage to the new sur- face. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at (760)xXx-XXXX if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Engineering Inspection De- partment at 438-l 161 x4323. Thank you for your cooperation as we work to make a better Citv of Carlsbad. Contract No. FACOO-09 (Insert Contract Number) Page 60 of 60 Pages f-- CITY OF CARLSBAD RECREATION DEPARTMENT AQUATICS DIVISION SPECIFICATIONS FOR SWIMMING POOL SOLAR WATER HEATING PANELS A. One hundred and thirty-six (136) solar heat absorption panels shall be furnished and installed at the Carlsbad Community Swim Complex, located at 3401 Monroe Street in Carlsbad, California. The panels shall be Pro PanelTM model T-410 as manufactured by Professional Solar Products of Camarillo, California. 6. Requests for substitutions for the specified make and model will not be considered unless equal to the specified system in every respect and must be submitted to the specifying agent not less than 10 calendar days prior to bid date. Requests for substitutions must include a sample with all specified features; complete documentation relating to all the specified features; and manufacturer’s sales literature, engineering drawings, and installation, operation and maintenance manuals. Failure to provide these or any other information necessary to confirm that all specified features are provided will be cause for rejection of substitution request. C. On-site installation shall be provided by qualified technicians and shall include all necessary material, tools, and labor. The cost of installation shall be listed separately in the bid and include a breakdown of labor and material costs. D. Solar Panels. 1. Absorber Fin: There shall be eight fins per panel. The fin shall be precision tolerance extruded aluminum with tongue and groove and a full hollow center for a 360-degree wrap around the copper tube. Aluminum shall be grade 6063-T5, with minimum fin thickness of .060”. Copper waterways shall be inserted into the extrusion and then mechanically expanded. 2. Waterways: Tubing shall be l/2” O.D. diameter refrigeration grade copper tubing 5 %” O.C. and electronically checked at the mill for any defects in the wall integrity. Any length of tubing that does not meet minimum specifications for quality shall be marked and not used for panel assembly. 3. Headers: Headers shall be 1 % ” type “M” copper water tube. All connections for riser tubes shall be ‘T-DrilledTM”, a process in which the riser tube connections are extruded from the header. All branch connections shall be silver soldered and pressure tested to 150 PSI. Each of the fifteen sets of panels shall be provided with a I’%-inch bronze or copper ball valve at the bottom of the effluent end. 1 511112000 9:00 AM I-- 4. Paint Finish: Each absorber fin shall be finished with electrostatically applied and baked on polyester flat black paint. E. Connections Between Panels Panels shall be connected to each other with a Mission K150 EPDM coupler covered with stainless steel sheet with hose clamps on each end. F. Mounting Panels will be mounted on existing % inch plywood base that is supported by aluminum framing. Any sections of plywood base that are rotted or unable to support the new panels shall be replaced with new plywood of the same type and dimensions. Panels will be secured to the plywood base on top and bottom with a clamp and bolt over each panel connection. G. Start-up and Warranty 1. The system shall be provided with an illustrated installation, operating and maintenance manual with drawings and detailed written descriptions of all features. /-- 2. The solar absorber panels shall be provided with on-site balancing of the fifteen sets of panels to maximize heat collection and ensure flow is within the specified rate of three to five gallons per minute. 3. The solar absorber panels shall be provided with on-site operator maintenance training, and on-site warranty service, all of which shall be performed by a representative trained and authorized by the manufacturer. 4. The system shall carry a ten year warranty against defects in material and workmanship for all components in the system, which is signed by the installer. H. Removal of existing panels The existing unglazed copper panels shall be disconnected, removed from the plywood base and stored on site. All existing plumbing, sensors and valves shall be protected. Any plumbing, sensors or valves damaged by removal of existing panels shall be replaced at the contractor’s expense. All removed fittings and panels shall remain the property of the owner. If--- 2 511 l/2000 9:00 AM CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL - C/O # 1 CARLSBAD SWIM COMPLEX SOLAR SYSTEM RENOVATION CONTRACT0 NO. FACOO-09 Date Routed: Public Works Director/City Engineer Public Works Manager/General Services Finance Director City Manager/Mayor Reason for change: On September 26, 2000, a preconstruction meeting was held for the above referenced project. During the meeting, a number of issues were addressed that would enhance the performance of the solar system. These issues were not included in the original bid package and if approved by staff, the cost for this project will need to be adjusted. Listed below is the contractor’s proposal to enhance the solar system at the swim complex. 1. Install 1,088 If of 2x4 redwood panel support panels. The manufacturer of the solar panels recommends the panels be supported on redwood 2 x 4 runners to help eliminate wear and stress on the panel headers. Currently, conduit type half clamps are used to secure the headers. Complying with the manufacturer’s recommendation will reduce the risk of invalidating the ten-year warranty of the solar panels and extend the performance of the system. Cost: $3,719 (includes material, tax, labor and mark up. Mark up is at 15% for material and 20% for labor per contract specifications) 2. Replace existing 1” solenoid valve. The contractor is recommending the replacement of a twenty-year old solenoid valve that is used as a freeze protection device in the event of a combination of very cold weather and a power failure. Staff concurs this valve needs to be replaced; however, staff believes w valve will be suffice. Cost: $407 (includes material, tax, labor and mark up. Mark up is at 15% for material and 20% for labor per contract specifications) 3. Replace fifteen (15) existing 1 %” balancing valves. The new panel manufacturer recommends each set of collectors be adjusted to a flow rate of 3- 5 GPM. The existing balance valves are in poor condition. In addition, the f/q” meter port angle valves are badly corroded and the valve indicator plates and handles are not in place. To comply with the manufacturer’s recommendation and to avoid the risk of invalidating the ten year warranty of the panels, staff -__ concurs with th>-~contractor’s suggestion to replace fifteen (15) existing 1 M” balancing valves. Cost: $2,263 (includes material, tax, labor and mark up. Mark up is at 15% for material and 20% for labor per contract specifications) 4. Provide fifteen (15) 1 W’ bank Isolation valves. Each of the 15 solar panel banks contains approximately 10 panels. Currently, if one of the panels is leaking or needs repair, staff will have to shut down all 10 panels within the bank or the entire solar system. Installing bank isolation valves will enable staff to repair a single panel without shutting down a bank or the entire solar system. Cost: $624 (includes material, tax, labor and mark up. Mark up is at 15% for material and 20% for labor per contract specifications) 5. Replace fifteen (15) existing %” drain valves. The existing draining valves are old (18+ years) and deteriorating. The contractor recommends, and staff concurs, replacing these valves with new valves. In addition, the new valves should be turned down at a 90 degree angle so that no water is left standing in the header during freeze conditions. Cost: $585 (includes material, tax, labor and mark up. Mark up is at 15% for material and 20% for labor per contract specifications) COST ACCOUNTING: 6 Original contract amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65,31$00 Total amount this c/o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*.....................*............. $7,598.00 Total amount of previous c/o’s ,.................................,..............,................... $0.00 Total c/o’s to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,598. 0 New Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $72,91$ 0 8 Total c/o’s as % of original contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .l 1.63 % Contingency monies encumbered ................................................................. $0.00 Contingency increase or decrease ....................................................... m) @W Contingency Subtotal ........................................................................... $p$g&gg) 75% Total c/o’s to date ................................................................................... $7,598.00 Contingency Balance -$&&+@po ............................................................................. , . Change Order No. I . . Page 2 TIME FOR COMPLEflON OF ALL WORK UNDER THIS CONTRACT SHALL BE FRIDAY, DECEMBER 15,200O; APPROVED BY: 0% GC+- f%eA!sw Summit Mechanka!. !nc. /o/oh 0 CONTRACTOR (DA-) RECOMMENDED BY: 000 +g- * k$d~ . . FINANCE DIRECTOR (DATE) DISTRIBUTION: GENERAL SERVICES PURCHASlNG CONTRACTOR : CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 CONTRACT NO. FACOO-09 P.O. NO. P108639 ACCOUNT NO. 00145209022 CONTRACTOR: Summit Mechanical, Inc. ADDRESS: 4417 Glacier Avenue San Dieao, CA 92120 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Item: Cost Breakdown as follows: 1. Install 1,088 If of 2 x 4 redwood panel support runners 2. Replace existing 1” solenoid valve 3. Replace fifteen existing 1 1%” balancing valves 4. Provide fifteen 1 W’ bank isolation valves 5. Replace fifteen existing ?4” drain valves $3,719.00 407.00 2,263.OO 624.00 585.00 TOTAL INCREASE TO CONTRACT COST: $7,598.00 1%/04/2000 17:21 6192802887 SW'MT I'ECIWIC~ IN PAGE 02 Eq SWIMIT MECl-WKAL Engineers & ConWactofs . --- j. . ..~*rw &ne& tnc. - 4411 Cl&t &ewe, f&m Oitg6. C.4 92120 * k19) 2&%32MlFu(l619) 2NM97 cwt. lfc 1Iy 9/29/2000 fRetvised tW/OO) Cornnurity Swim Compk 3401 Mm St Car&ad. C 9 02008 Attention: Cad Pope 4quatic Suptrvisor. Project kef Ch&bad Swim Coarplcar S&K System Renuvhm C’onttrrct No. FACOO-09 fhibjca: Addihmal worlc cost pmpomls Cwl,Pcf~phone~oIlonWsd~2~ Irm~lhe&~ bve~cnrcostproposaI8foryocD~~ Fla&~bdowwIJf)youdine8thc workiiwolvcdancf+@est~olMt~withthitPvork. I’lcmenotc~dtewagcs i3eiogchargularcatt~~me~~~yrollra%c8. Ifyoubve8ny qL&estiom pkw ftxl free to @ive me 0 cd. Tllank you. #I -fnrtatl I,o88lfhf2w4RWPmel&~pwtRuaaan ._.._..,............. S 3,719. #2 -m Existing 1” soltrsold vaiy. (pmked RiGe) #3 -Repiace Fifhn Exist& 1 %“Wq Valvm g: #4 -Pfovidc Fifteen I ‘fr” sdc Isolatiou VW. 624. #S -RepIace Sitbm Existing l/r lbnin Vaiws. 38s. f.Rwhd) Tad S 7,598. cc. Scott (‘art4 PW Gcnd ilemica 10/02/2000 09: 26 619288;1887 SUMMIT MEWICBL IN PUGE 03 WMMIT M~CI-WWA~ Engineers & Contractors ’ 1 ,; ,‘: &I ~?%wwi, Inc. l 4417 Glacier Avenue, Sm Diego, CA 92120 * (619) I6@327OlFAX (619) ZeOz GTlWIh ‘YM COST PROPOSAL #1 Community Swim Complex 3601 MoYuvtst Carkbad, C’A 93-M-M Attention: Carl Pope Aquatic supgvisat. Projact Ref h.hbad SwimComptaxSa~SystmRcaoMtian. ( ‘wtract No. FACtIO-09 Subject Instdl ? .088 tft of 2x4 RW Panel Support Owners. As prcvimslv discussed at the pre+nstruction meeting on 9/2cs, Stan Vllnun of PSP (Pmf~siomi Solar Produot;p) rf!omma tb8tbisso~~sbcRIppoptsdon redwood2 s -rnrnnerstohdp~e~sonthepMat~(psshowninhis imtalW3n inGitrl;c?ionS) Ttab is c&brat t&an the C&ti* attaching 5ystem which Uses conduit type halt’clamps secuxing the baders dir&y to the plywood ba&ing. Stan strong~v disotlrages this exiw type of ClluqinB fbi his panefs. Although the PSP itwallstibn inswctions show wood blocks u&et the runnus, to provide kt proper roof drainage; Stan said t&c bk&s rrury be clindneed in our *‘radc” type itstathtion and the horkmtal2 x 4 iUtW5titlCworddbCm*. Howavct %” saw cuts at 12” ok on the bottom of the runners will be provided to ellow tin Wttte 11) dklt f?S$t t)K B. Pht? 8@ drawh$ dezsil8tttdtd. MA’l’ERlAI S 1,tSO(ws)X 1,.0775(tax) X l.lS(markup) = S 1,425. LABOR Sbhrs i,’ ma 28 hrs ta.) X 33.59 I b. X 1.20 (mark up) + 2,257. SUBTOT = 3,682. $3,682 X 1% (Bond allowsnoej f 37. TOTAL = S 3,719. Simxrely. -JCF-b Dan hmin. Pretidtnt 1010212000 09: 26 61928!3388? FiLMIT EWICQL IN PAGE 04 ‘.‘p. ..-, , L --% 10/04/2000 17: 21 6192883887 SUMMIT MEMICOL IN F&GE 03 Q ,, .-.- StJMM1T Mi33-IANICAL Engtneers & Contractors rm *‘:-;v* !f fimeral. Inc. l 4417 Glacier r4mtuc, San Ctiqo, CA 92120 *f&91 2BQ32H)IFAX1619~ 28Ct.3W wuctwbl i-REVISED) COST PROpOSAt #2 Community Swm Complex 3401 Monroe st Cartsbad, C-A Q2008 Attcnticm c’arl Pcqe Aquatic Supervbr. Pmjeet R& (-?&bad Swim coraplar So&u Syaem-n. ~‘amtct No. FACOO-09 Subject- Rqrlw Fvktinjj 314” Soleaoid Valye. Asanadckdpremutionwet-cmqmd rsptrosmenrQft)uc~2oy#rdd soknoid vats that is instalki az n f?ceze prutection device in the even8 of I cc&b&on of very cok! wwher and a puwer fUtxe. This cost ofthir 314” t4.0. V&ND is empensive due to the fact that it nctds to be rated rt O-125 psi. The stwxkd r&t@ is S-123. Theory. Th-. *ai . . 151 ~~ahddiftths~~~aalongarthcodlhrsporwer.Iftha powetr to the coil fails (Facility pawer fails) tht v&e wltl open and drain the pm&s. WithOutpower rothepumpsthepanebw%lbeIdtwi&0olyUmospbieiwdpreaur8 and that wodd he less ttm the Spsi neaded to keep tb standad valve in the opm position totiilydrain thepnr?fs Thisdoesnothvctokdoneupwtoftbprqja%butwc hi&ly rcnnvnat~~t $I be done vuy sow. Please see attach qcc sheet. MATERlAl 6 238. (wat)X 1.0775 (tax) x 1.15 (markup) - s295. LABOR Shrs X 44.861hr. X 1.20(matkup) + 108. Stn3ToT* 403. 3403Xt%~allQwatlee) + 4. TOTAL - t 07. Chn forosin. President 10/02/2000 09:26- 61928@887 SUMPIIT MECHIC# IN FaGE 06 Asc& . Rtqt Operated Gene& Servtce Sotenoid Valves b&Ha - . .-.__- Brass or Stainless Steel Bodfes 318” to 2 l/2” NPT Features l Wide rang% 61 preswt? l.a?ings. sizes, and resiiient materials provide. i-:‘*,:! Y 3 : % E life arld low internal leakage. l Hiytl Flow Valvw :, bcq, ! mtmive. and airhert gas service l IndustriaI appfic$.!“~-li ~ii:!!~ce: - cat wash I.3 ..ixbf equipment - Air compressw c 1 .;;t I~.“v~at water control - Pumps constructiofl _.-- . ..**- . .._ .-- ..-.. vufe %o ‘: Cpnlacl wltb Fhrlds a .- 0 Ic CC N8R or WE -.- *- . - . , - . .- -.. -_. -.--1m. s.. Electrical :4a2 SkInk$s SW Nomfnal Ambfent Temperature Ranges: Red-Hat IV Red-Hat AC; WFtei25’F iOX to5272 Sole&d Enclosures _c-- . ..-. rmtandhM! Red Rae-Hat II cc: 32-F b 1M7 (w: ftl WCI IleO-tlal UC: 32.f to 7f‘P (UC to 25°C) (NWF/40% omsionally) I--.- -Hat 11 - wsfe~p T;tvc i i 3, 3% 4, arid 4X; Red-Hat-Type I. OpUand: i%d Hal II - Fwl~ . i-‘. .d ,-*:.: VWenigM, Types 3. 3s. 4. 4%. 8. Retef to Enginee~ng Semn for uef8us. a9 I.and3 H:ct-..‘. s :I 3 ilwoof and Wlteftiiht. Tyres 3.4. 4x. 7, 9Cd 9. {To or&r. add prv’w L ’ I! :ak?y ~tumbq meapt catalog tW]mbefi @lO35? S:, I:?% ~‘.-~~8210059.U~v~sn~tav~~ab~e with Approvals: hxoiQSlO~proOf C *’ t :;-I’:‘- GSA certttkt. UL listtl?o, as I~idlcrtti. tlctrl-Hal II rneefs se @tifjtfa’ fr,a ’ , ( - .5 .-? I ‘, .- llihcr .?Mii&8 Opb?S. -I aopiicabls CE dirCliv8s. ---__-. . *.- -- IWf fo Englnee.!hg Sectlm for wralls. 2.09 .5-&m 10/02/2000 09: 26 6192883887 SUMMIT tECWIC&!. IN I=‘tNX 07 SI.‘MMlT MECHANICAL Engineers & Contractors -w‘(;,~~l, Inc. * 4417 Glacier mnu9, kn Diego, CA92120 * %W 28@32?OMX~6b) 2W.3687 l.NfIN :uyI, COST PROPOSAL #3 CoWty Swim Complex 3401 Monroe st c8rbbad, C’A 93Y.s Attemim Cad Pope hjuatic Supefvisot. Project Ref c’arfstmd Swim Cotnp?ex S&r System Rerrpvrbion, t’mtract No. FAC00-09 subject Replace Fifteen E%istkg I Pi* B8l8ncing vatvta. The ntw fMINL!t ttt8nUfhcturer neco3RRm3cndsO8Ch~Ofcoilectonb88djU8tdtO8 flowrateof:-f;GPM Tkreareexirting~~iathc~butthyurh visibly poor mnditifw Most of the W meter port aq$e v&es are ba&y cmmdai md tht valve indicat~~r plates and lmtdlcs arc not in phce. An altdve to prcwidhg naw wtha cwtd be !O remove each v&e for rccditihg but I don’t &Ii- th8t would ba cost eflkcti%r P!t%w see spcc sheet attach& MATERIAL $ ~.ll4(cost)X l.OTISftex) X l.lS(~up) = s t,xm. LABOR I fihw I 1 man 2 days) X 44.86 I hr. X 1.20 (m&h up) + $61. SUBTOT = 2,241. $2941 x I%(Bond8lhnv8nG8) + 22. Dan fiuosin. President 10/02/2000 89:26 61928s887 SUMMIT MEcHFvI(I~BI, IN PAGE 08 MllvAwEc~~AEowscbcuwseuattotunc?lan~bothaso~ KlkewKlbubble#gMsefvlcevc3hn,ln~worookl~~ ~dEflEfnSEAT” !*n@ SENS PREVEtUT W&AGE AND amum smodh. quiet, chmndd. cALl~~~~~Easy?o~~tomo&~~ PRECISION IbvucHIM0 0RlffcE t- tsJpdwm armmcy, SCIWUXR VANE CONNE~Tl6NS: Aswrea kUkpt00f Wablltty WMf# OllOWlnQ +QIO Of connec#lonlor~cnJthose8. RU6GEb COMTRUCTION: Cost bKxue for mreaded . sadlxasssweat. +mRmturAl OR VERTlcAl MOUNT tJR~JRU~ACK*IO: Sultoble tot u8e on hWhf,j and W0tb-q rvrrtemr, pfotefh Ond - sl4lPPEOFuLiY AssEMslED:N0~~selnbly~rofsweatmod8d$a6wa8asthroercled. REAt%Nf METERS AVAILABLE FOR AccURAn $i’!&M IWANCE. . . . 10/02/2000 09:26 61928iQ887 'SUMMITMECHANIGPLIN PLKiE 09 Eq S4.!MMIT MECHANtCAt Engineers & Contractors .t *II; ~kpr~l. tnc. - 4.417 Glwier Avenue San Dipga CA 92110 * C6t91 286327WMx W9) 2804W7 mln ,n :walF COST PROPOSAL #4 Community Swim ~ompkx 3401 Monroe St Oftdad, CA 02W8 Attention Cad Pope 4quatic sugervis<rt. Project Ref Vrrkbad Swim Complex Solar System RaavMion. ( -mtract No. ‘FAG0049 Subject Provide Fifteen 1 W’ Bank I&at.ion Valves. Eachofthe 15 soiurpanslbauks(eabbackcontsinsapprox UIp&s)curmrdy have an isolation valve on the sup& tine “lW but llot one on the return line ‘QUT? Although the h,stantin# valve is on this rchtrn lint and could be used aa 8 shit olhtlvq we do not rcc~~nrmend it be used fof this purpose as it may not get restored to it’s in&l propersetting Tcr~~lyisoia#a~&MIthe~ofthesolrrsystsmwe~ 8 shut off val!~ % instdkd 8fk the ba;lancing V&C On each rctum Iii. Note: tahcv bs mtnitnized if instakd with new ba&ncig vplvss. MATERIAl t 319 kost) X 1.0775 (tax) X 1.15 (m&up) ‘: $403. LABOR Uhr-; 1 23 each) X 44.86 I hr. X 1.20 (mark up) + 215. SUBTOT = 618. S6t8Xl%(lh~hb-) + 6. TOTAL = $624. sin’xfeb. Jxab...p- Dan Jorosin. President Pagdof 19 10/02/2000 03: 26 6192883887 !%wtMIT MECHANICS IN P6wiE 10 WMMIT MECHANiCAL Engineers & bntracton ' . ..- -M &&al, IN, - 4417 tia~o~venue.%n Diego, CA92120- (6199) 2lKM2701FAx1619) 26@uy)7 CNIClK tam COST PROPOSAL #5 Conunutity Swim Complex 3401 Monroe u Carlshad. CA Q2wx 9- Attemiora: Carl Pope Aqumc $Ipetvir##. Project Ret C&bad Swim Complex Solar Systun~ bnovation. I’mtract No. FACoo-09 Subject Replam Fiiktm Existing 3Q Drain Valves. Eachofthe I5 ~~~pMelbanCrscuntwlYhavc:&~~dnbrvdvaloGatodaatbe dead end of the bottom 1 !4” header aad points straight out. We recommend nat ot@ replacing these valve with new but turning them down at a 90 cfcgfcc angle so 110 water is left standmr! !1: ?hc !wa&r during ficeze conditions. Piwe see drawing detail attacbd. MATERlAl F 120 Ccost) X 1.0775 {tax) X 1.15 (mark up) = s 149. LABOR %hvi ( 5hr each ) X 44.86 f hr. X 1.20 (tnark up) + 430. SUBTOT = 579. $579 X 1% (Bond allowance) + 6. TOTAL * S 585. Sincerely. Dan Jartin. President Page9of 10 10/02/2000 03: 26 6192802887 SUMMIT MECHANIC& IN ~XWKC- w--e-. ---- - -. , _ . . - ..- ~POPOSED ~-.w- -- --- DOC 7 2001-0044032 Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 JAN 25, 2001 2:3X PM OFFICICY RECURDS SAN DIEGQ COUNTY RECERDER’S OFFICE GREGORY J. SnIlH, COUNTY RECORDER FEES: 0.00 Space above for Recorder’s use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on November 30,200o. 6. The name of the contractor, if any, for such work of improvement is Summit Mechanical, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Swim Complex Solar System Renovation 8. The street addresses of said property is: 3401 Monroe Street, Carlsbad, California 92’008 Public W6fks Manager/General Services I, the undersigned say: VERIFICATION OF CITY CLERK I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the City Council of said City on January 9 2001 accepted the above work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 10 , 2001 at Carlsbad, California City’Clerk #6 M K%Ol?3 l-9-0 I