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Home My WebLink About1986-06-03; City Council; 8119-28; Award Contract Carlsbad Safety and Service Center 3006-7I Toilet Partitions and AccessoriesCIT~OF CARLSBAD - AGEND^BILL AR# <T//?-^<f MTG — DEPT. 06/03/8 ENG TITLE: i AWARD OF CONTRACT FOR TOILET PARTITIONS AND ACCESSORIES OFPT HD. #W2- \ \ f=& CITY ATTY\LS- HITY MGR. j£-^ OLU 1 Z O O Z3 OO ._.- accepting the negotiated 3006-71 Toilet Partitions and and Service Center. RECOMMENDED ACTION: By motion, adopt Resolution No. price and awarding Contract No. Accessories for the Carlsbad Safety ITEM EXPLANATION On March 18, 1986 the City Council authorized the negotiation of the contract for toilet partitions and accessories in the rest rooms and locker rooms at the Safety Center. Koll was given this authority because no bids were received for this item in Bid Package No. 7. As of May 13, 1986 the Koll Co. has received proposals from six vendors as follows: Builders Specialty Co. (alternates) $25,797 Maloney Specialties $26,175 C. S. Goodale $26,402 B.C.R. $26,448 Eck Restroom Accessories $27,250 Rayco Building Specialties $30,150 The Koll Company recommends the award to Maloney Specialties for $26,175.00 which represents a savings from estimate of $27,525.00. The original construction estimate on this item was $53,700.00. References have been verified on the recommended bidder. FISCAL IMPACT Funds are available in Account No. 320-820-1810-3006 per the 1985-86 appropriation. EXHIBITS Resolution No.. 73 accepting the negotiated price and awarding Contract No. 3006-71 Toilet Partitions and Acces- sories for the Carlsbad Safety and Service Center. 2. Koll Co. letter and vendor proposals. 1 RESOLUTION NO. 8573 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE BID 3 AND AUTHORIZING THE EXECUTION OF CONTRACT 3006-71 TOILET PARTITIONS AND ACCESSORIES 4 FOR THE CONSTRUCTION OF THE CARLSBAD SAFETY AND SERVICE CENTER. 5 6 WHEREAS, negotiated bids have been received by the City of 7 Carlsbad for the installation of toilet partitions and 8 I accessories at the Carlsbad Safety and Service Center; and 9 WHEREAS, the bid received is for a total of $26,175.00; 10 and 11 WHEREAS, the Construction Manager has recommended the 12 acceptance of the bid; and 13 WHEREAS, the funds are available in Account No. 320-820- 14 1810-3006; 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 16 City of Carlsbad, California, as follows: 17 1. That the above recitations are true and correct. 18 2. That the negotiated bid recommended by the K611 Co. 19' in the amount of $26,175.00 for the toilet partitions and 20 accessories at the Carlsbad Safety and Service Center Bid 21 Package No. 7 contract number 3006-71 is hereby accepted and 22 the Mayor and City Clerk are authorized to execute contracts 23 thereafter. 24 /// 25 /// 26 /// 27 j /// 28 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd_ day of June _r , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None M MARY H.</CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ (SEAL) — —— fff A ^*g , ^jPC^wQr"yr"'^~t , City C/erk KOLL 7330 Engineer Road San Diego California 92111-1464 Koll Construction Company (619) 292-5550 RECEIVED May 13, 1986 MAY 15 1986 CITY OF CARLSSAD ENGINEERING DEPARTMENT Mr. Mike Brooks City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 Re: Carlsbad Safety Center KCC Job #3225 Toilet Partition & Accessory Award Dear Mike: Approval by the City Council to negotiate the toilet partition and accessories contract was granted on March 18, 1986, Resolution #8440. The breakdown of quotes received are as follows, with appropriate written confirmations attached. Toilet Partitions & Accessories Builders Specialty Co. (alternates) $25,797 Maloney Specialties C.S. Goodale $26,402 B.C.R. $26,448 Eck Restroom Accessories $27,250 Rayco Building Specialties $30,150 Builders Specialty Company has based their proposal on their own itemized count of partitions and accessories, in lieu of a commitment to specified plans and specifications In addition, they propose using alternate manufactures for specified products. There is some question as to the equal nature of their substitution. Due to the delay in bid/award of this contract, the drywall contractor was authorized to install necessary backing to accommodate installation of 'Bobrick' accessories as specified. All quotes are based on 'Bobrick' with exception of Builders Specialty Company. Mr. Mike Brooks KCC Job #3225 5/13/86 Page Two Since the award of this contract is critical from a schedule standpoint, a timely evaluation of alternates as well as the potential for additional backing requirements, would not be in the City's best interest. We, therefore, recommend award of this contract to the second bidder, Maloney Specialties, in the amount listed. Maloney was previously awarded the acoustical and metal ceiling contract, and are well acquainted with project requirements. Their proposal is well within budget projections since the bid criteria was modified by the project team. We understand that an agenda bill will be prepared for City Council approval of this award. Please let us know if additional information is required or if there are any problems with this recommendation. R e s^g^c-tf^ 11 y, AUCTION COMPANY Steve Mahoney Project Manager SM/ml cc: Bill Miller Gene Hussey Tom Shannon File 5-1-86s 0;rf V'ACCO STREET • SO EL MONTE CALIFORN.A 91733 (E.-.3; 442-0357 • (213) 655-290c Roll Const. Co. Attn: Steve M 2237 Faraday Ave. #101C Carlsbad,1 CA 92008 NOTE: If £ seps-ate contract is entered into subsequent to this proposal, all tei.T.s and con- oitioris of this prcpcsai shall become part of the ccr.tract. Subject to conditions and terms below and reverse side, we propose to furnish the following: Carlsbad Safety Center Carlsbad, CA StCT!ON:none ITEM:Laminated plastic toilet partitions. MANUFACTURER Metpar TYPE _ Headrail Braced ^ _ Floor Braced _ Ceiling Hung _ V.all Hung . _ _ Flush _ Pilasters Floor to Ceiling FINISH Baked Porcelain Enamel Plastic Laminate Stainless Steel !,l{g5O£?2;2£££ Colors as noted QUANTITIES _17 Stalls with doors _ Stalls without doors _4 _ Urinal Screens _ Baffle Panels _ Dressing Room Stalls _ Shower Room Stalls ACCESSORIES no Not Included _ Toilet Paper Holders _ Purse Shelves JZ _ Cutouts tor Toilet Room Accessories _ Grab Bars Porn "A" (Rev. 1/61) no no Furnished & Installed F.O.B. South El Monte Freight Allowed & Prepaid Tax Included Tax Not Included Addenda Noted Alternate Noted NOTES: Structural beam in ceiling for support of toilet par- titions to be furnished and installed by ethers and drilled as per template drawings supplied by us. l/aximun ceiling height Hanger bolts furnished by partition nanufacturer snd installed by general contractor. X T Metal or Wcoc backing as required by others AMOUNT All material to be installed concurrently. Material to be installed/shipped prior to . .00 1-1-87" (EIGHT TLiuwSAND SEVEN HUNDRED FIFTY SEVEN DOLLARS HOIST, OPERATOR & SECURED STORAGE AREA BY G.C. NET FINISHED DIMENSIONS FURNISHED BY GC. Charles W. Scate ACCEPTED By- Ccntractor's License No. All quotations are made for prompt acceptance and are subject to change without notice. Seller reserves the right to withdraw this proposal at any time, or to correct errors, or make revisions. DELAY: The seller shall not be liable for any delay in manufacture, delivery, or installation due to fires, strikes, delays in transportation, accidents, inability toprocure supplies or materials or other contingencies beyond the control of seller or its suppliers. CONFORMANCE TO REGULATIONS: Manufacture, shipment and delivery will be subject to any prohibition, restrictions, regulation or condition imposed bythe authority of the United States of America. This contract is not subject to cancellation by purchaser except with written consent of seller. No charges for labor or material furnished by the purchaser shall be allowed as a credit unless authorized by seller in writing. Purchaser agrees to provide without cost to seller electric power as may be required for installation work. All payments shall be made as stipulated. When not so paid then the entire contract price shall become due and payable. The purchaser agrees to pay the seller intereston all past due balances at rate of seven per cent per annum and in case suit is instituted to collect any portion of the amount payable under this contract the purchaseragrees to pay such additional sum as the court may adjudge reasonable as attorneys' fees and court costs. When details, drawings, templets, or other information is furnished by seller to purchaser for his guidance relative to materials or services covered by this contract, purchaser agrees to pay such additional costs as may be incurred by seller as a result of purchaser's failure to follow said information, drawings, details, or templets. Purchaser agrees to furnish seller promptly with such details, measurements or information as may be required by seller. Purchaser agrees to accept deliveries as made by seller and to store and protect same against loss or damage by others, weather, fire or theft, to carefully inspect all deliveries made for sellers account by common carriers for shortages or damage and to promptly notify seller of shortages or damage. Unless specifically included in the above proposal it is understood and ag-eed that any Federal, State or City Taxes or Fees now existing or that may be imposed at any future date on the materials or labor included in this contract shall be paid by purchaser. This proposal, when signed by the purchaser or his representative implies an acceptance of the conditions and terms hereof, and becomes a contract in full forceand effect. TERMS OF PAYMENT! "Invoice for material and/or labor to be payable 30 days from date of invoice upon approval ol credit." BUILDERS SPECIALTY CO., LOS ANGELES ior-^'^AC'-^'S L :r^ NSE NC • :. ~ c:~ ct ' :0 STREET • SO E^ f/Cr,T E, CA'JF (81 E) 442-0357 • (213) 686-2938 - A 9' NOTE: If a separate contract is entered into subsequent to Ihir :"C::EH!, ell le-rr.s and con- ditions of this proposal shall become ps-t of the csr.iraet. S-r.ect'to con:itic-.s and terms belo.v and reverse side, we propose to furnish the following: Date:5-1-36 Carlsbad Safety Center Carlsbad, CA SECTION:10800 ITEM: Toilet room accessories Toilet ream accessories as >Ifd. by Bradley and as noted below, furnished & installed,- tax included. THOUSAND FORTY DOLLARS) .$17,040.00 11 each - tilt mirror 1 each - toilet seat cover dispenser 4 each - mirror 16" x 30" 7 each - bumpers 2 each - mirror 66" x 108" 10 each - paper zowel dispensers 1 each - mirror 162" x 48" 1 each - mirror 234" x 48" 1 each - mirror 36" x 72" 1 each - mirror 24" x 72" 35 each - soap dispensers 15 each - paper towel dispenser/waste receptacle 11 each - toilet seat cover dispenser/toilet paper holder 12 each - toilet seat cover dispenser/toilet paper holder/napkin disposal 18 each - grab bar 19 each - robe hook 4 each - folding shower seat 3 each - shower curtain rod 1 each - electric1'hand dryer M each - napkin vendor 3 each - mop/broom holder 1 each - toilet paper holder 1 each - napkin disposal NOTE: VE EXCLUDE OMLY MIRRORS LISTED ABOVE. WE DO NOT INCLUDE FILLER BETWEEN TOILET ACCESSORIES & TILE WAINSCOT. RECESSING AND BACKING AS REQUIRED FOR TOILET ACCESSORIES BY GC. MATERIAL TO BE INSTALLED/SKIPPED PRIOR TO 1-1-87 . ADDENDAS NOTED.no no ALTERNATES NOTED. HOIST, OPERATOR & SECURED STORAGE AREA BY GVC. ACCEPTED All quotations are made for prompt acceptance and are subject to change without notice. Seller reserves the right to withdraw this proposal at any time, or to correct errors, or make revisions. D£LAY: The seller shall not be liable for any delay in manufacture, delivery, or installation due to fires, strikes, delays in transportation, accidents, inability to procure supplies or materials or other contingencies beyond the control of seller or its suppliers. CONFORMANCE TO REGULATIONS: Manufacture, shipment and delivery will be subject to any prohibition, restrictions, regulation or condition imposed bythe authority of the United States of America. This contract is not subject to cancellation by purchaser except with written consent of seller. No charges for labor or material furnished by the purchaser shall be allowed as a credit unless authorized by seller in writing. Purchaser agrees to provide withoutcost to seller electric power as may be required for installation work. All payments shall be made as stipulated. When not so paid then the entire contract price shall become due and payable. The purchaser agrees to pay the seller intereston all past due balances at rate of seven per cent per annum and in case suit is instituted to collect any portion of the amount payable under this contract the purchaseragrees to pay such additional sum as the court may adjudge reasonable as attorneys' fees and court costs. When details, drawings, templets, or other information is furnished by seller to purchaser for his guidance relative to materials or services covered by this contract, purchaser agrees to pay such additional costs as may be incurred by seller as a result of purchaser's failure to follow said information, drawings, details, or templets. Purchaser agrees to furnish seller promptly with such details, measurements or information as may be required by seller. Purchaser agrees to accept deliveries as made by seller and to store and protect same against loss or damage by others, weather, fire or theft, to carefully inspect alldeliveries made for sellers account by common carriers for shortages or damage and to promptly notify seller of shortages or damage. Unless specifically included in the above proposal it is understood and ag'eed that any Federal, State or City Taxes or Fees now existing or that may be imposed atany future date on the materials or labor included in this contract shall be paid by purchaser. This proposal, when signed by the purchaser or his representative implies an acceptance of the conditions and terms hereof, and becomes a contract in full forceand effect. TERMS OF PAYMENT! "Invoice for material and/or labor to be payable 30 days from date of invoice upon approval of credit." BUILDERS SPECIALTY CO., LOS ANGELES Page No.of Pages R £ C F. i V E D • j r\ • ' inoci .HI U t WO KOLL CONST. - C MALONEY SPECIALTIES, INC. 980 Buenos Avenue Suite DP.O. Box81071 SAN DIEGO. CALIFORNIA 92138 (619)275-0660 License No. 264671 Q-050S-86 PROPOSAL SUBMITTED TO Koll Construction Company PHONE 438-8866 DATE 5/2/86 STREET 2237 Faraday Avenue, #101C JOB NAME Public Safety and Service Building CITY, STATE AND ZIP CODE Carlsbad, California 92008 JOB LOCATION Carlsbad, California DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: Toilet Partitions. Toilet Room Accessories, including mirrors $ 9,035.00 $17,140.00 Prices are installed, tax included and include cost of payment /performance bond. Bid based on Bobrick brand items per sheet A- 17 hereby to furnish material and labor — complete in accordance with above specificat ons, for the sum of: As Above Payment to be made as follows: Net on Completion All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorized Signature -WVJF Note: This proposal may be withdrawn by us if not accepted within.30 -days. —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature . Signature. FORM 118-3 COPYRIGHT 1960- Available from /c., Groton. Mass. 01450 SHOP AND INSTITUTIONAL FU ITURE • BUILDING SPECIALTIES • t 'ERIAL HANDLING EQUIPMENT C.S. GOODALE CO., INC. 7745 ARJONS DRIVE SAN DIEGO, CALIFORNIA 92126 TELEPHONE (619) 566-2711 May 9, 1986 Mr. Steven Mahoney Ko11 Construction Co. 2237 Faraday Ave. #101C Carlsbad, Ca. 92008 Mr. Mahoney: Per your request, we are pleased to quote on the following items for the Public Safety and Serive Center, City of Carlsbad, San Diego County, California; Bid Package #?I - (REVISED) Toilet Partitions and Accessories, as follows: 71 - Complete installation and delivery of toilet partitions and accessories for the lump sum amount of Twenty Siix Thousand Four Hundred And Two Dollars. $26,^02.00 Very truly you rs, C.S. GOODALE CO., INC. Steve Lipkin SL/sd SHELVING • LOCKERS • SCHOOL FURNITURE • RACKS • BENCHES • LABORATORY FURNITURE CARTS PARTITIONS ~ PROPOSAL AND CONTRACT TO- Koll Construction Company 2237 Faroday Avenue. .#10.1C. Carlsbad, CA 92008 Attn: Steve Mahoney D Confirming Verbal Quotation D Non-Confirming Quotation Gentlemen: We are pleased to submit the following proposal. Data 5-6-86 Carlsbad Safety #3006-71 Tormg Net 30 Days F.O.R. Job Site We propose to furnish and install Toilet Partition and Accessories per plans and spec, for the above project: Price: Toilet Partitions installed - $9,820.00 Toilet Accessories Installed - $16,628.00 ~7J ^-j \ All quotations void 30 days from above date " All agreements are contingent upon strikes, accidents, delays of carriers, delay in material supplies, government regulations or restrictions, and other delays unavoidable or beyond our control All quotations are made for prompt acceptance and are subject to change without notice. No charges for labor or material furnished by the purchaser shall be allowed as a credit on this agreement, unless authorized in writing. When details, drawings, templates, or other information is furnished by seller to purchaser for his guidance relative to materials or services covered by this contract, purchaser agrees to pay such additional costs as may be incurred by seller as a result of purchaser's failure to follow said information, drawings, details, or templates. This contract is not subject to cancellation by purchaser except with written consent of seller. All payments shall be made as stipulated. When not so paid, then the entire contract price shall become due and payable. Purchaser agrees that any amounts due under this contract not paid for in full within 30 days of date of billing thereof shall bear interest from and after that date in the amount of 10% per annum This proposal, when signed by the purchaser or his representative, constitutes a binding offer on the terms and conditions set forth herein, and becomes a binding contract with full legal force and effect when accepted in writing by B.C.R.. INC. In the event suit is brought by B.C R., INC on this contract to enforce any of its terms, or to collect any sum due hereon, purchaser shall pay a reasonable attorney's fee and court costs whether or not such suit shall proceed to judgment. Unless specifically included in the above proposal it is understood that, any Federal, State or City Taxes imposed on the materials as covered by this contract shall be paid by purchaser Any and all material delivered to job site by seller prior to installation date to be placed under cover for protection against climatic conditions or other abuses. Cost of repairing damage occurring to said material at job site will be charged back to purchaser. Only this contract form will be recognized by seller for purchase of material hereon described. The undersigned adopts the within proposal as his (its) offer this day of , 19 BCa,nc.Purchaser 8181 ALVARADO ROAD , LA MESA. CALIFORNIA 92O4 1 PHONE (6 I 9) 46O-982O STATE CONTRACTOR LIC. B258414 /=> Page No.of Pages / ^^ — ^^-^ ipuuv If "1^^'K' || P.O. Box 6696 1 M^^Mm. I Laguna Niguel, CA 92677 1 Restroom 1 (714) 495-5126^k Accessories Jp ^^^^^•••^•i^ LIL. liU. 4J1/14 PROPOSAL SUBMITTED TO KOLL CONST. CO. STREET 2237 Faraday Ave #101C CITY, STATE, ZIP CODE Carlsbad, CA 92008 ARCHITECT ACCESSORIES - (BOBRICK) FRA No 86-°79 e- f * 1 V E DWE PROPOSE TO FURNISH:P5 G. v* •- " v,/in/- Installed,..^061986 FH R Inh <^itp KOI 1 CONST. - C PHONE DATE 619/438-8866 5/2/86 JOB NAME PUBLIC SAFETY AND SERVICE CENTER JOB LOCATION Carlsbad DATE OF PLANS JOB PHONE 1 (7) B-8221 Soap' ty fl (18) B-2116 Robe H. >(1) B-270 Disposal ./(6) B-3949 Towel <14) B-112 Soap '(9) B-687 Door Bumper ,(3) B-3471.60 Combo .(3) B-5181 Shr. Seat ,(11) B-262 Paper Towel .,{4) B-3474.60 Combo -/(l) B-5171 Shr. Seat ^-(9) B-3944 Towel (3) B-3571.60 Combo -(3) 6-6047x48" Shr. Rod ,(1) B-3947 Towel * (4) B-3574.60 Combo X3) B-204-3 Curtain >(1) B-3644 Waste y(l) B-357.60 Combo ****\\} B-2007 Hand Dryer*** (3) B-290 54"x48" Mirror -(14) B-5637 Grab Bar -(2) B-35024 Tampon (2) B-290 126"x48" Mirror y(l) B-5607.99 Shr. bar -(2) B-2802 Tampon ,(4) B-290 16"x30" v(2) B-5547.99 Shr. bar ,(3) B-224x36" Mop Rack .-(2) B-24"x72" B-290 "(1) B-5557.99 Shr. bar .(1) B-288 T.P.H. ,(11) B-293 16"x30" Mirror /(13) B-113 Soap Disp. -(1) B-221 Seat cover PARTITIONS - (BOBRICK) (1041 SERIES) (17) TOILET COMPARTMENTS , ^(3) 18" URINAL SCREENS Total combined cost (ACCESSORIES § PARTITIONS) furnished and installed, tax included $24.750.00 (Twenty four thousand seven hundred fift NOTE: *** HAND DRYERS F.O.B. JOB SITE Subject to all the terms and conditions shown on reverse side. Arrpptatu? of fJmpnflal Date of Acceptance ,y Qoilarsj — • • • • • fiytfift*** M«««>fca Z|__° -^ l*2t,^5b.0o C / "\ ^i^4^ >- -orm.eL Eck Restroom Accessories DAVID M. ECK Accepted for By Lie. No. CONDITIONS COVERING THIS PROPOSAL I . TERMS OF PAYMENT (al Contract .Jobs Including Erection The purchaser agrees to pay to Eck Rest room Accessories on or before the JSth day of each month 90*» of the approved value of the materials supplied and Kork performed during the preceding month. When Eck Re 5 t room Accessories work is fully performed, accepted and required guarantees furnished, the pur- chaser shall pay the entire amount retained to Eck Rest room Accessories, not later than five days prior to the expiration date of the subcontractors' "Mechanic's l.ien" period, or 35 days from the date Eck Restroom Accessories work *as completed and accepted whichever is first. (h) Contract 1.0. B. .lobs -- Material Only Purchaser agrees to pay to Evk Restroom Accessories on or before the 25th day of each month 90'u of the purchase price of material delivered to joh dur- ing previous month. Balance of purchase price to be paid not later than five days prior to expiration date of subcontractors' "Mechanic's Lien" period or 35 days after date of delivery and acceptance of material, whichever is first, (['roper written guarantee* to he furnished if required.) Eck Rcstroom '\ccessorics shall not he responsible for damages, delays or losses caused !>y carriers or for fire, accidents, lockouts, strikes or other causes beyond its control, 3. PENALTIES f, BACKCIIARCES \otnithstanding any other provisions, herein, no back charges or other deductions against the price set forth above may be claimed unless the item involved has (a) hccn previously authorised in writing, and (h) been hilled and invoiced no more than thirty (30) days after the cost is established, but in no event less than five (S) days before filing of the notice of completion. Lick of compliance with the foregoing conditions shall constitute an absolute waiver of the charge, hith the exception, that if subcontractor has not started to perform the conditions of this agreement, weather and any other conditions permitting, within days; the contractor shall have the right to perform or have others perform the fulfillment of this subcontract, and backchargc said cost to subcontractor involved in this agreement. 4. SHORTAGES Claims for shortage in delivery of the material furnished hercunder must he made within five (5) days from the date of said delivery to the building. lailure to make claim within five (S) days shall be a waiver of purchaser's rights to make such a claim. 5. LABOR AND MATERIALS It is understood that lick Rcsfroom Accessories shall not he responsible for labor performed or materials furnished hy others unless such labor i * perform- ed or material furnished on written order of Eck Host room \ccessories. h. CHANCES In fuse changes in material covered by this proposal arc desired, such changes kill be regarded as a net* order and the price therefor kill he deter- mined hy the regular prevailing rates. ". CARRIER CMARt.US Where Trices include freight and carload shipments are contemplated , additional expense incurred at the buyer's request in making less than car- load shipments or express shipments shall be borne hy the buyer. It is under- stood that no expense incurred hy the purchaser in expediting shipments shall be charged to Eck Restroom Accessories, 8. HARDWARE AW FITTINGS This proposal includes, unless otherwise specified, our Standard materials with necessary hardware for installation in accordance with our standard prac- tice, and doe* not contemplate the furnishing of structural steel connections, such as angles, plates, special clips and bolts, unless so specified. 9. STORAGE SPACE Where erection is involved the contractor shall receive the material at the building from the carrier and place it in safe and continuous storage pro- tected from the weather, without charge to us, at the contemplated install- ation, and will allow our men the reasonable use of any elevators and hoists without charge. We shall not be required to move our materials except as required In the contemplation of the work under this agreement. 10. NOTICE OF READINESS One week's written notice shall he given us that the building is ready for us to begin installation of our products, [f the building is not yet ready at this time and our erectors arrive or if we are prevented from proceeding con- tinuously with our work because of conditions of the building beyond our con- trol the purchaser shall assume any extra cost resulting therefrom. 11. OVERTIME This proposal is made with the understanding that all work shall be done only between such hours and only on such days as single or straight time is regularly paid to labor, and that no labor shall be employed more than eight {8} hours per day. All work outside of these hours will be done only upon written order of the customer, for which the excess cost will be charged. 12. INSPECTION ANR ACCEPTANCE Where erection of materials is included in this proposal, we will make formal request for inspection of the work upon completion. Failure of the buyer to give a written approval or rejection within five (S) days after this request, stating in detail reasons for rejection, shall be construed as a com- plete and final acceptance. 13. CANCELLATION Orders which have been received, entered and acknowledged are subject to cancellation only on payment to Eck Restroom Accessories of a reasonable charge covering expenses incurred on the job up to time of cancellation, in- cluding cost of preparing drawings. 14. TAXES If during the term of this Agreement any new or additional taxes (including excise taxes upon sale) or custom duties shall be made or levied by the Government of the United States of America or of any State or subdivision thereof, or any official, representative, commission, board or other agency upon materials, labor or transportation entering into or affecting articles covered by the Contract, or upon such articles, the price therein naaed of such articles shall be advanced in an amount equal to such taxes and/or duties. 15. HOLD HARMLESS Notwithstanding any other provision of this Agreement, subcontractor agrees to defend, indemnify, and hold harmless contractor from any and all claims and demands made against contractor by reason of any injury to or death of any person or damage to or destruction of property caused by: (1) The sole negligence of subcontractor, or its agents, servants or employees. (2) The joint and concurrent negligence of subcontractor, or its agents, ser- vants, or employees and any third party or parties except contractor, or its agents, servants, or employees. 16. NOTICE OF COMPLETION In the event a timely notice of completion is filed for record as provided in Section 1193.1 (h) or (c) of the California Code of Civil Procedure, con- tractor agrees to give subcontractor written notice of such filing within three days (72 hours! after such filing has been accomplished. In the event a timely notice of completion is not filed, contractor agrees to give subcontractor written notice of completion of the work of improvement within three days after such completion. (Completion of the work of improvement shall be deemed to he one of the events set forth in Section 1193.1 (d) of the Califor- nia Code of Civil Procedure). In the event contractor fails to give subcon- tractor a written notice as provided in this paragraph, within said three days after completion of the work of improvement or after filing of the notice of completion, as the case may be, contractor agrees to pay all costs of suit, including a reasonable attorney's fee, which subcontractor may incur in briny- ing suit to collect any sum due under this agreement or in foreclosing any mechanic's lien arising out of the work performed by subcontractor under this agreement. A written notice shall he deemed given under this paragraph when received by subcontractor at his Place of Business. This paragraph shall apply notwithstanding any other provision of this agreement. 17. Any agreement entered into on the basis of this proposal shall he bind- ing upon and shall inure to the benefit of the respective parties hereto and their successors and assigns, respectively. 18. DELIVERIES All delivery dates quoted are subject to the receipt of raw materials from our suppliers and the manufacture of only such government orders as we have on our books at present. 19. ACCEPTANCE Prices may be withdrawn if not accepted in 30 calendar days. I CK Restroom Accessories P.O. Box 6696 Laguna Niguel, CA 92677 (714) 495-5126 Lie. No. 431214 Page No. 2 °f 2 E.R.A. No.'86-079 WE PROPOSE TO FURNISH: _x Installed P.O.B. Job Site PROPOSAL SUBMITTED TO KOLL CONST. CO. PHONE DATE STREET CITY, STATE, ZIP CODE JOB NAME CARLSBAD SAFETY & SERVICE CENTER JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE ADD: 2 B-290 66"xl08" Mirror Installed $2,500.00 CORIAN COUNTER TOPS 1. 3/4" Material two tops $1,865.00 2. 1/2" Material two tops $1,560.00 Subject to all the terms and conditions shown on reverse side.ECK Restroom Accessories David M. Eck Arrrptanr? nf Jhrnpoaal Accepted for By Date of Acceptance Lie. No. CONDITIONS COVERING THIS PROPOSAL 1. TERMS OF PAYMENT (a] Contract Jobs Including Erection The purchaser agrees to pay to Eck Rest room Accessories on or before the 25th day of each month 90*. of the approved value of the materials supplied and work performed during the preceding month. When Eck Restroom Accessories hork is fully performed, accepted and required guarantees furnished, the pur- chaser shall pay the entire amount retained to Hck Rest room Accessories, not later than five Jays prior to the expiration date of the subcontractors' "Mechanic's I.icn" period, or 55 days from the date Eck Restroom Accessories korK was completed and accepted whichever is first. (hi Contract I-'.O.B. -Jobs -- Material Only Purchaser agrees to pay to iick Restroom Accessories on or before the 25th day of each month W» of the purchase price of material delivered to job dur- ing previous month. Balance of purchase price to be paid not later than five days prior to expiration Jatc of subcontractors' "Mechanic's Lien" period or 35 days after date of delivery and acceptance of material, whichever is first. (Proper written guarantees to he furnished if required.) 2 . 1 ORCI. MA.IEIIHI: Ick Restroom Accessories shall not he responsible for damages, delays or losses caused by carriers or for fire, accidents, lockouts, strikes or other causes beyond its control. 5. PF.XAI.TlkS fi BACKOIAHCF.S Notwithstanding any other provisions, herein, no hack charges or other deductions ag.iinst the price set forth above may he claimed unless the itew involved has [a) been previously authorised in writing, and (h) been hilled and invoiced no mure than thirty (30) days after the cost is established, but in no event less than five (5) Jays before filing of the notice of completion. Lack of compliance uith the foregoing conditions shall constitute an absolute waiver of the charge, uith the exception, that If subcontractor has not started to perform the conditions of this agreement, weather and any other conditions permitting, within days; the contractor shall have the right to perform or have others perform the fulfiIImcnt of this subcontract, and backchargc said cost to subcontractor involved in this agreement. 4. SHORT AC,I:S Claims for shortage in delivery of the material furnished hercunder must be made within five (51 days from the date of said delivery to the building, failure to make claim within five (S) days shall he a waiver of purchaser's rights to make such a claim. 5. I.ABOK AMI MAI1!.RIALS It is understood that Ixk Restroom Accessories shall not he responsible for labor performed or materials furnished by others unless such labor is perform- ed or material furnished on written order of Tick Rest room \ccessorics. 6. UIANCIIS In case changes in material covered by this proposal are desired, such changes * i 11 be regarded as a lieu order and the price therefor will he deter- mined by the regular prevailing rates. ~. CARRIER CHARGES Where Prices include freight and carload shipments arc contcnplated, additional expense incurred at the buyer's request in making less than car- load shipments or express shipments shall be borne by the buyer. It is under- stood that no expense incurred by the purchaser in expediting shipments shall be charged to Eck Rcstroom Accessories. R. HARDWARE AND FITTINGS This proposal includes, unless otherwise specified, our Standard materials with necessary hardware for installation in accordance with our standard prac- tice, and does not contemplate the furnishing of structural steel connections, such as angles, plates, special clips and bolts, unless so specified. 9. STORAGE SPACE Where erection is involved the contractor shall receive the material at the building from the carrier and place it in safe and continuous storage pro- tected from the weather, without charge to us. at the contemplated install- ation, and will allow our men the reasonable use of any elevators and hoists without charge. He shall not be required to move our materials except as required in the contemplation of the work under this agreement. 10. NOTICE OF READINESS One week's written notice shall he given us that the building is ready for us to begin installation of our products. If the building is not yet ready at this time and our erectors arrive or if we are prevented fro* proceeding con- tinuously with our work because of conditions of the building beyond our con- trol the purchaser shall assume any extra cost resulting therefrom. 11. OVERTIME This proposal is made with the understanding that all work shall he done only between such hours and only on such days as single or straight time is regularly paid to labor, and that no labor shall be employed more than eight (8) hours per day. All work outside of these hours will be done only upon written order of the customer, for which the excess cost will be charged. 12. INSPECTION AflD ACCEPTANCE Where erection of materials is included in this proposal, we will make formal request for inspection of the work upon completion. Failure of the buyer to give a written approval or rejection within five (5) days after this request, stating in detail reasons for rejection, shall be construed as a com- plete and final acceptance. 13. CANCELLATION Orders which have been received, entered and acknowledged are subject to cancellation only on payment to Eck Restroom Accessories of a reasonable charge covering expenses incurred on the job up to time of cancellation, in- cluding cost of preparing drawings. 14. TAXES If during the term of this Agreement any new or additional taxes (including excise taxes upon sale) or custom duties shall be made or levied by the Government of the United States of America or of any State or subdivision thereof, or any official, representative, commission, board or other agency upon materials, labor or transportation entering into or affecting articles covered by the Contract, or upon such articles, the price therein named of such articles shall he advanced in an amount equal to such taxes and/or duties. 15. HOLD HARMLESS Notwithstanding any other provision of this Agreement, subcontractor agrees to defend, indemnify, and hold harmless contractor from any and all claims and demands made against contractor by reason of any injury to or death of any person or damage to or destruction of property caused by: (1) The sole negligence of subcontractor, or its agents, servants or employees. (2) The joint and concurrent negligence of subcontractor, or its agents, ser- vants, or employees and any third party or parties except contractor, or its agents, servants, or employees. 16. NOTICE OF COMPLETION In the event a timely notice of completion is filed for record as provided in Section 1193.1 (h) or (c) of the California Code of Civil Procedure, con- tractor agrees to give subcontractor written notice of such filing within three days (72 hours) after such filing has been accomplished. In the event a timely notice of completion is not filed, contractor agrees to give subcontractor written notice of completion of the work of improvement within three days after such completion. (Completion of the work of improvement shall be deemed to he one of the events set forth in Section 1193.1 (d) of the Califor- nia Code of Civil Procedure). In the event contractor fails to give subcon- tractor a written notice as provided in this paragraph, within said three days after completion of the work of improvement or after filing of the notice of completion, as the case may be, contractor agrees to pay all costs of suit, including a reasonable attorney's fee, which subcontractor may incur in bring- ing suit to collect any sum due under this agreement or in foreclosing any mechanic's lien arising out of the work performed by subcontractor under this agreement. A written notice shall be deemed given under this paragraph when received by subcontractor at his Place of Business. This paragraph shall apply notwithstanding any other provision of this agreement. 17. Any agreement entered into on the basis of this proposal shall be bind- ing upon and shall inure to the benefit of the respective parties hereto and their successors and assigns, respectively. 18. DELIVERIES All delivery dates quoted are subject to the receipt of raw materials from our suppliers and the manufacture of only such government orders as we have on our books at present. 19. ACCEPTANCE Prices may be withdrawn if not accepted in 30 calendar days. f Prnpoaal Page No.of Pages i RAYCO BUILDING SPECIALTIES, INC. 9434 Abraham Way _ SANTEE, CALIFORNIA 92071 « (619)442-8853 582-6501 PROPOSAL SUBMITTED TO PHONE DATE KOI 1 nnNSTRHnTTON HO. 438-8866 H/tf 05 1986 KOLL CONST. - C 5-2-86 STREET JOB NAME 9937 FARADAY AVFNUE #10ir, CITY OF CARLSBAD PUBLIC SAFETY & SERVICE CENTEI CITY, STATE AND ZIP CODE JOB LOCATION P.ARI SRAD. PAI TF. 99nnft CARLSBAD, CALIF. ARCHITECT ' DATE OF PLANS A- 17 -ft £ ATTENTION: STEVE MAHONEY We hereby submit specifications and estimates for: TOILET PARTITIONS AND ACCESSORIES: FURNISH AND INSTALL - COMPLETE & INCLUDING TAX INCLUDING PERFORMANCE, BID, LABOR & MATERIAL BONDS FOR THE SUM OF $30 , 150 . 00 JOB PHONE UJp |Jrnp0Hr hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: THIRTY THOUSAND ONE HUNRED AND FIFTY DOLLARS AND NO/100 dollars (t ^n l sn nn > Payment to be made as follows : per agreement jS* *N ( v f J \ )All material is guaranteed to be as specified. All work to be completed in a workmanlike 1 l^tf V l^\ / h j f~^f^. manner according to standard practices. Any alteration or deviation from above specifica- Authorized \f~7) J) J} 1 } .f p) // J} f / <w^/%^ F5$Uu J extra charge over and above the estimate. All agreements contingent upon strikes, accidents f I n or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note. 1 his probolal may be Our workers are fullv covered bv Workmen's Compensation Insurance. withdrawn by us if not accepted within a-p-pw rnc3T"l" i U'QQ'CJ. J. y IIICl-L L.J.r\CU nU Hay;, |h*0J10Hal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature . Signature. FORM118-3 COPYRIGHT 1960- Available from (NJnjj] Inc., Groton, Mass 01450