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Home My WebLink AboutCountywide Mechanical System Inc; 2006-06-23; PWS06-24FACRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 10512 DOC# 2006-0750548 OCT23, 2006 3:10 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 000 PAGES: 1 PARCEL NO: 2006-0750548 2230606100 & 1671013500 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on October 2, 2006. 6. The name of the contractor for such work or improvement is Countywide Mechanical Systems, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: HVAC Replacement at Two Community Centers, Contract Number PWS06-24FAC. 8. The street addresses of said property are 3420 Camino de los Coches & 2997 Glasgow Drive. Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on Ce^oVe«c- to , 20O(e . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on &&^»-t-^ & . 20 ^ . at Carlsbad, California. or City Clerk CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for HVAC Replacement at Two Community Centers, Contract No. PWS06-24FAC, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE HVAC Replacement at Stagecoach and Calavera $56,450.00 Community Centers PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Glenn Pruim, Public Works Director Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above-described improvements. RAYMOND R. PATCHETT, City Manager Date APPROVED AS TO FORM: Ronald R. Ball, City Attorney CITY OF CARLSBAD San Diego County i California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 BID NO. PWS06-24FAC Revised 10/08/03 Contract No. FAC 06-04 Page 1 of 59 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 4 Contractor's Proposal 8 Bid Security Form 12 Bidder's Bond To Accompany Proposal 13 Guide For Completing The "Designation Of Subcontractors" Form 15 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 17 Bidder's Statement Of Financial Responsibility 18 Bidder's Statement Of Technical Ability And Experience 19 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 20 Bidder's Statement Of Re Debarment 21 Bidder's Disclosure Of Discipline Record 22 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 24 Contract Public Works 25 Labor And Materials Bond 31 Faithful Performance/Warranty Bond 33 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 35 Revised 10/08/03 Contract No. FAC 06-04 Page 2 of 59 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 38 1-2 Definitions 39 1-3 Abbreviations 40 Section 2 Scope And Control Of The Work 2-3 Subcontracts 40 2-4 Contract Bonds 41 2-5 Plans And Specifications 41 2-10 Authority Of Board And Engineer 43 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 43 3-3 Extra Work 44 3-4 Changed Conditions 44 3-5 Disputed Work 45 Section 4 Control Of Materials 4-1 Materials And Workmanship 48 4-2 Materials Transportation, Handling and Storage 49 Section 5 Utilities 5-1 Location 49 5-4 Relocation 49 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 50 6-6 Delays And Extensions Of Time 51 6-7 Time of Completion 51 6-8 Completion And Acceptance 52 6-9 Liquidated Damages 52 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 52 7-4 Workers' Compensation Insurance 52 7-5 Permits 53 7-7 Cooperation and Collateral Work 53 7-8 Project Site Maintenance 53 7-10 Public Convenience And Safety 54 7-13 Laws To Be Observed 55 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 55 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 55 9-3 Payment 55 Revised 10/08/03 Contract No. FAC 06-04 Page 3 of 59 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 P.M. on April 17, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Remove and replace the existing Package Heat Pumps and Associated HVAC System Components at the Stagecoach Community Center and the Calavera Community Center, Contract No. FAC 06-04 HVAC Replacement at Two Community Centers. HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 BID NO. PWS06-24FAC This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction. 2006 Edition, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. Revised 10/08/03 Contract No. FAC 06-04 Page 4 of 59 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 7. Acknowledgement of Addendum(a) 2. Bidder's Bond 8. Certificate of Insurance. The riders covering the 3. Non-Collusion Affidavit City, its officials, employees and volunteers may 4. Designation of Subcontractors be omitted at the time of bid submittal but shall and Amount of Subcontractor Bid be provided by the Bidder prior to award of this 5. Bidder's Statement of Financial Responsibility contract. 6. Bidder's Statement of Technical Ability and 9. Bidder' s Statement Re Debarment Experience 10. Bidder's Disclosure Of Discipline Record 11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $60.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: C-20 If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/03 Contract No. FAC 06-04 Page 5 of 59 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. IMPORTANT NOTE TO BIDDERS. A pre-bid meeting and tour of the project site will be held at Calavera Hills Community Center located at 2997 Glasgow Drive, Carlsbad, CA, 92008 on April 3, 2006 at 9:00 a.m. Bidders must arrive by 9:00 a.m. to gain access to the roof of the facility. Bidders may then travel to Stagecoach Community Center at 3420 Cam/no de los Coches to view the project site. This meeting is not mandatory, however, it will be the ONLY opportunity for bidders to view the project site. Additional appointments WILL NOT be offered. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: Revised 10/08/03 Contract No. FAC 06-04 Page 6 of 59 Pages 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. March 7. 2006 Date "SHEILA R. COBIAN, Deputy City Clerk Publish Date: March 10, 2006 Revised 10/08/03 Contract No. FAC 06-04 Page 7 of 59 Pages CITY OF CARLSBAD HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 CONTRACTOR'S PROPOSAL OPENED, WITNESSED AND RE D: City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DATE _ SIGNATURE The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. FAC 06-04 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: Item No. Description SCHEDULE "A" REPLACE CHILLER Approximate Quantity and Unit Total Lump Sum A-1 HVAC Replacement at Stagecoach Community Center LS S Z7, -fuWrhu - - vfc $(y u uDollars (Lump Sum) A-2 HVAC Replacement at Calavera Community Center LS Dollars (Lump Sum) Total amount of bid in words for Schedule "A": Fi-f-hr . fi-f-hi J~hvt)'San£/ rn:)r Total amount of bid in numbers for Schedule "A": $ 5L>> //5£> • ^ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. Revised 1 0/08/03 Contract No. FAC 06-04 Page 8 of 59 Pages 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. 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 / V^5^v , classification r2-O, (LLOj C.3(^ which expires on *7/3//Z£Of7 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Publicpontract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is $5, loife >*& (Cash, Certified Check,(Bon$Jor Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Revised 10/08/03 Contract No. FAG 06-04 Pan* 9 nf fifl License Detail Page 1 of2 California Home Tuesday. Aoril 18. 2006 License Detail Contractor License # 748569 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 04/18/2006 * * * Business Information * * * COUNTYWIDE MECHANICAL SYSTEMS INC PO BOX 712558 SANTEE, CA 92072 Business Phone Number: (619) 449-9900 Entity: Corporation Issue Date: 04/24/1998 Reissue Date: 07/08/1999 Expire Date: 07/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * DescriptionClass \ [626 [vWJRM-AIR HEATiNG. VENTILATING AND AIR-CONDITIONING cse PUJMBING * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 9003416 in the amount of $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL^): The Responsible Managing Officer (RMO) RANDALL ANTHONY SIGNORE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/08/1999 BOND OF QUALIFYING INDIVIDUAL^): The Responsible Managing Officer (RMO) RICHARD JOSEPH SIGNORE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 04/18/2006 License Detail Page 2 of 2 Effective Date: 03/08/2000 BOND OF QUALIFYING INDIVIDUAL^): This license filed Bond of Qualifying Individual number 279782 for DANON SCOTT HAUGUM in the amount of $7,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/03/2006 * * * Workers Compensation Information * * * This license has workers compensation insurance with the EVEREST NATIONAL INSURANCE COMPANY (3138-5) Policy Number: CA10000582061 Effective Date: 01/02/2006 Expire Date: 01/02/2007 Workers Compensation History * * * Miscellaneous Information * * * [ Date F Description 07/08/1999 LICENSE REISSUED TO ANOTHER ENTITY I Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request _ , _ . Salesperson NameSalesperson Request Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 04/18/2006 Personnel List Page 1 of 1 California Home Tuesday, April 18, 2006 Personnel List Contractor License # 748569 CALIFORNIA CONTRACTORS STATE LICENSE BOARD Click on the person's name to see a more detailed page of information on that person. Name Title Association Date Disassociation Date Class More Class RANDALL ANTHONY SIGNORE RMO/CEO/PRES 04/24/1998 C20 More JAMES MATTHEW JARRETT OFFICER 07/08/1999 06/07/2001 RICHARD JOSEPH SIGNORE RMO 03/08/2000 C10 DANON SCOTT HAUGUM RME 01/25/2006 C36 License Number Request Contractor Name Request Personnel Name Request Salesperson Name RequestSalesperson Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/Personnel+List.asp?LicNum=... 04/18/2006 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. City and State (4) Zip Code (5) E-Mail (Street and Number) . Telephone No. Revised 10/08/03 Contract No. FAG 06-04 Page 10 of 59 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (WrTtlJaside. MfCiwV\ca\ f>|StemS>t inc. (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of ( £u rfer (4) Place of Business |Q^>°\ FrvPnd^>h'v p Driv^e SoWg" F ' " (Street and Number) City and State 6< Cny>f\ ) C.f\ (5) Zip CodeMAQ^O Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: (Gharri S J Revised 10/08/03 Contract No. FAC 06-04 Page 11 of 59 Pages BID SECURITY FORM (Check to Accompany Bid) HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a 'Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No. FAC 06-04 Page 12 of 59 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 KNOW ALL PERSONS BY THESE PRESENTS: COUNTYWIDE MECHANICALThat we, SYSTEMS, INC. , as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety are held and firmly bound unto the City of Carlsbad. Cajif ornia. in an amount as follows: (must be at least ten percent (10%) of the bid amount"! CRLAT|R AMOUNT EID for w"'0" payment, well and truly made, we bind ourselves, ouTrVJeTra,i"executori~ and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC <*-04 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date ol award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 10^08/03 Contract No. FAC 06^04 Page 13 o1 59 Pages 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 14TH PRINCIPAL: COUNTYWID (name of Principal By: V^ ' (sign hereO RANDALL ANTHONY SIGNORE (print name here) PRESIDENT (Title and Organization (sign here) ROSE SIGNORE (print name here) SECRETARY .day of.APRIL _, 2006. Executed by SURETY this Of APRIL (title and organization of signatory) 14TH .2006 .day SURETY: INDEMNITY COMPANY OF CALIFORNIA (name of Surety) 17780 FITCH, SUITE 200 IRVINE, CA 92614 (address of Surety) 714/263-3300 (number of Surety) (signature of \AJ$Jmey-iK-Fact) KAREN JEAN HALL, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution snowing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy u'rty Attorney Revised 10/08/03 Contract No. FAG 06-04 Page H of S9 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of_CALIFORNIA County of.SAN DIEGO 4/14/2006 DATE before me, personally appeared. DEBORAH P. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" KAREN JEAN HALL NAME(S) OF SIGNER(S) ' 13 personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DEBORAH D. DAVIS COMM. #1412744 NOTARY PUeiJC-CAUFORNtA E/3 SAN DIEGO COUNTY J? My Comm. Exp APRIL 21.2007 V '•m<''m^,^M^.s*~ , • i^jm^^^m^^^ WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION i OPTIONAL SECTION i CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Q INDIVIDUAL [] CORPORATE OFFICER(S) TITLE(S) Q PARTNER(S) Q LIMITED Q GENERAL [X| ATTORNEY-IN-FACT Q TRUSTEE(S) Q GUARDIAN/CONSERVATOR PI OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES,DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE. li I iI iI POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA x— PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***John G. Maloney, Helen Maloney, Karen Jean Hall, Mark D. latarola, Matthew C. Gaynor, Deborah D. Davis, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and (hat each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. By:_ David H. Rhodes, Executive Vice-President By:_ Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) GINA L GARNER I COMM.# 1569561 | NOTARY PUBLIC CAUFORNA § ORANGE COUNTY * lyty comm. expires May 13. axgjt CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 14TH day of APRIL 2006 Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) Company Profile Page 1 of 1 i-' Company Profile INDEMNITY COMPANY OF CALIFORNIA P.O. BOX 19725 IRVINE, CA 92713 800-782-1546 Former Names for Company Old Name: TRANSNATIONAL CASUALTY INS CO Effective Date: 08-12-1976 Agent for Service of Process Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 25550 NAIC Group #: 0075 California Company ID #: 1926-5 Date authorized in California: August 20, 1968 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact - company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - April 17, 2006 03:14 PM Copyright © California Department of Insurance http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 04/18/2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work bv subcontractors or otherwise to be preformed bv forces other than the Bidder's own organization will be rejected as non- responsive. Specialty items of work that may be so designated bv the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed bv the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. FAC 06-04 Page 15 of 59 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. FAG 06-04 Page 16 of 59 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Nilft Subcontractor Name and Location of Business Subcontractor License No. and Classification Amount of Work by Subcontractor in Dollars* Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. FAC 06-04 Page 17 of 59 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. f /)£/&&£/ itjlvfijflpe. (fn&rKs>r> Revised 10/08/03 Contract No. FAC 06-04 Page 18 of 59 Pages COUNTYWIDE MECHANICAL, INC, FINANCIAL STATEMENTS WITH COMPILATION REPORT OF INDEPENDENT ACCOUNTANT DECEMBER 31,2005 CONTENTS INDEPENDENT ACCOUNTANTS COMPILATION REPORT 1 FINANCIAL STATEMENTS: Balance Sheet 2 Statement of Income and Retained Earnings 4 Statement of Cash Flows 5 Notes to Financial Statements 6 SUPPLEMENTAL INFORMATION: Schedule 1 - Contract Activity 13 Schedule 2 - Remaining Billings, Revenues, Costs and Gross Profits on Uncompleted Jobs .... 14 Schedule 3-Costs of Construction 15 Schedule 4 - Operating Expenses 16 Schedule 5 - Contracts Receivable 17 Schedules -Accounts Payable 18 . Daniel G. Dangel 5090 Shoreham Place, Suite 114 Certified Public Accountant San Dieg°> cA 92122 Member: American Institute of Certified Public Accountants Pn 858-382-2220 California Society of Certified Public Accountants fax 866-837-9224 www.dangelcpa.com Compilation Report of Independent Accountant To the Board of Directors Countywide Mechanical, Inc. El Cajon, California I have compiled the accompanying balance sheet of Countywide Mechanical, Inc. (a California corporation) as of December 31, 2005, and the related statements of income and retained earnings and cash flows for the year then ended, and the accompanying supplementary information contained in Schedule I, which are presented only for supplementary analysis purposes, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements and supplementary schedules information that is the representation of management. I have not audited or reviewed the accompanying financial statements and supplementary schedule and, accordingly, do not express an opinion or any other form of assurance on them. March 24, 2006 COUNTYWIDE MECHANICAL, INC. BALANCE SHEET DECEMBER 31, 2005 ASSETS Cash $ 38,583 Accounts receivable, less allowance of $12,000 1,738,704 Service truck inventory 10,649 Costs and estimated earnings in excess of billings on uncompleted contracts 63,013 Defered income taxes 4,000 Total current assets 1,854,949 Computers 58,947 Furniture and fixtures 12,142 Equipment 107,601 Vehicles 706,312 885,002 Less accumulated depreciation (491,307) Fixed assets, net 393,695 Intangible assets - software and customer list, net 341 Deposits 35,134 TotaI assets $ 2,284,119 LIABILITIES AND SHAREHOLDERS' EQUITY LIABILITIES Line of credit $ 96,010 Demand note 35,509 Accounts payable 969,986 Income taxes payable 21,933 Sales tax payable 61,945 Accrued payroll taxes and other liabilities 29,227 Billings in excess of costs and estimated earnings on uncompleted contracts 96,750 Current portion of shareholder debt 100,000 Current portion of long term debt 62,369 Total current liabilities 1,473,729 Long term debt less current portion 72,457 Deferred income taxes 61,600 Note receivable from shareholder (89,776) Note payable to shareholder 33,106 Note payable to shareholder 295,061 Current portion of shareholder debt, net (100,000) 138,391 Total liabilities 1,746,177 SHAREHOLDERS' EQUITY Common stock -10,000 shares authorized and issued 2,640 Retained earnings 535,302 Total shareholders' equity 537,942 Total liabilities and shareholders' equity $ 2,284,119 See Accompanying Notes and Accountant's Compilation Report. 3 COUNTYWIDE MECHANICAL, INC. STATEMENT OF INCOME AND RETAINED EARNINGS YEAR ENDED DECEMBER 31, 2005 Installation Service Controls Plumbing Total Revenue $4,440,124 2,961,885 253,349 147,739 7,803,097 Direct costs of revenues 3,675,441 2,152,366 243,654 110,394 6,181,855 Gross profit before indirect costs 764,683 809,519 9,695 37,345 1,621,242 Indirect costs, net of costs applied to contracts 64,118 95,152 (1,191) 28,761 186,840 Gross Profit before depreciation 700,565 714,367 10,886 8,584 1,434,402 General and administrative expenses 1,181,917 Depreciation expense 80,052 Interest expense (92,507) Other expense, net (7,019) Net income before income taxes 72,907 Income taxes 29,000 Net income 43,907 Retained earnings, beginning of year 491,395 Retained earnings, end of year $ 535,302 See Accompanying Notes and Accountant's Compilation Report. 4 COUNTYWIDE MECHANICAL, INC. STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31, 2005 CASH FLOWS FROM OPERATING ACTIVITIES Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization Deferred income taxes (Increase) decrease in operating assets: Contract receivables Costs and estimated earnings in excess of billings on uncompleted contracts Other assets Increase (decrease) in operating liabilities: Bank overdraft Accounts payable and accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Line of credit and demand note NET CASH PROVIDED BY OPERATING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES Acquisition of property and equipment NET CASH USED BY INVESTING ACTIVITIES CASH FLOWS FROM FINANCING ACTIVITIES Repayment of notes payable NET CASH USED BY FINANCING ACTIVITIES Net increase in cash Cash, beginning of year Cash, end of year $ 43,907 54,454 15,200 (492,737) (49,130) (12,424) (205,837) 722,004 95,000 4,047 174,484 (47,564) (47,564) (94,296) (94,296) 32,624 5,959 $ 38,583 SUPPLEMENTAL CASH FLOW INFORMATION For the year ended December 31, 2005, the Company paid interest totaling $92,506 and income taxes of $30,867. Additionally, the Company purchased a vehicle with a cost of $11,443 using seller financed debt. See Accompanying Notes and Accountant's Compilation Report. 5 COUNTYWIDE MECHANICAL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE A — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization: Countywide Mechanical, Inc. (the Company) is a California corporation formed in April 1998. The Company is a specialty contractor for commercial and public works. The Company works on plumbing, heating and air conditioning projects throughout San Diego County. Method of Income Recognition: The percentage of completion method of accounting for construction contracts is used in the financial statements. Under this method, income is recognized as the work on the contract progresses. Generally, such income represents the percentage of estimated total income that costs incurred to date bear to estimated total costs. When current estimates of total contract costs indicate a loss on a contract, a provision is made in the financial statements for the entire estimated amount of the loss. Since profits or losses under this method are determined while the contracts are in progress and, therefore, before all items of revenues, costs, and expenses have been finalized, the profit or loss reported for a particular period may include adjustments resulting from revised contract prices and cost estimates. Additionally, the Company often provides additional services and equipment on a time and material basis in connection with the construction contracts. The terms of such time and material billings are included in the contracts, but often subject to preparation of a change order. The Company has been very successful in collecting such additional billings and records revenue on these items when billed. Amounts earned on specific projects in excess of billings are treated as a current asset and billings in excess of earnings are treated as a current liability. Property and Equipment: Property and equipment is carried at cost and is depreciated using the straight- line method over the estimated useful lives of the individual assets, generally three to seven years. Intangible Assets: Computer software and purchased customer contracts are being amortized on a straight line basis over their anticipated lives of 3 years and one year, respectively. Income Taxes: Effective January 1, 2004, the Company revoked its S-Corporation election. As a C corporation, the Company accounts for income taxes in accordance with SFAS No. 109, "Accounting for Income Taxes". Deferred tax balances are determined by the tax rate expected to be in effect when the taxes are actually paid or recovered. Deferred income taxes are recorded to reflect differences in the tax and financial statement methods of recognizing income and expenses. Cash and Cash Equivalents: For the purposes of the balance sheet and statement of cash flows, cash and cash equivalents include cash in bank, checking and savings accounts and investments with maturities of three months or less. Use of Estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. See Accompanying Accountant's Compilation Report. 6 COUNTYWIDE MECHANICAL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE B — CONTRACTS RECEIVABLE Services under fixed price and time and material contracts are billed in accordance with contract terms. The Company generally maintains its lien rights which are used to enforce collection as needed. In the event that amounts are deemed not collectable, they are written off against the allowance for bad debts. Contracts receivable, and other assets, are pledged as security for the Company's line of credit. Accounts receivable are categorized as follows: Contracts in progress $ 970,040 Retention on contracts in progress 91,774 Completed contracts 216,526 1,278,340 Accounts receivable from service work 472,364 1,750,704 Less: Allowance for uncollectable accounts (12,000) $ 1,738,704 NOTE C — CONTRACTS IN PROGRESS Contracts in progress are summarized as follows: Costs incurred on contracts in progress $ 1,169,581 Estimated earnings 310,136 Total costs and estimated earnings 1,479,717 Less billings to date (1,513,454) $ (33,737) Included in the accompanying balance sheet under the following headings: Costs and estimated earnings in excess of billings on contracts in progress 63,013 Billings in excess of costs and estimated earnings on contracts in progress (96,750) $ (33,737) See Accompanying Accountant's Compilation Report. 7 COUNTYWIDE MECHANICAL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE D — NOTES PAYABLE Notes payable consist of the following at December 31, 2005: 10 vehicles covered by a master lease (Enterprise) with interest rates ranging from 1.9% to 6.0% with aggregate monthly payments of $4,549. The equipment securing the loans have an aggregate net book value of $ $ 93,335 4 vehicle loans secured by the subject assets with interest rates ranging from 6% to 13% with aggregate monthly payments of $1,878. The equipment securing the loans have an aggregate net book value of $ 35,883 Capital lease obligation with implied interest of 25% and monthly payments of $261. Secured by equipment with a net book value of $ 5,608 $ 134,826 Maturities on the notes payable are as follows for fiscal years ended: 2006 62,369 2007 41,537 2008 27,942 2009 2,978 thereafter - $ 134.826 NOTE E — LINE OF CREDIT The Company has a line of credit with a bank which provides up to $100,000 with a variable rate of interest at 2.5% over bank prime (9.75% at December 31, 2005). This line of credit is due on demand and expires March 16, 2006. The Company's stockholders guarantee this debt. The line of credit is secured by substantially all assets of the Company. The balance outstanding on this line at December 31, 2005 was $96,010 See Accompanying Accountant's Compilation Report. 8 COUNTYWIDE MECHANICAL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE F — INCOME TAXES The provision for income taxes is as follows (in addition to the effect of adopting C corporation status): Current tax expense Federal $ 5,000 State 9,000 Total current 14,000 Deferred tax (benefit) Federal 15,000 State - Total deferred 15,000 Total provision $ 29.000 Income tax expense differs from the amount computed by multiplying the pre-tax income by the statutory federal tax rate as a result of non-deductible items, state taxes and differentials between rates at which deferred taxes are provided and rates at which they are applied to the income tax return. Deferred taxes result primarily from the tax effects of the Company's change in accounting method from cash to accrual for income tax purposes and the use of different depreciation methods for income tax purposes. Deferred tax assets and liabilities are summarized as follows: Federal State Total Deferred tax assets: Current $ 3,000 1,000 4,000 Non-current - - -_ Total deferred tax assets 3,000 1,000 4,000 Deferred tax liabilities: Current ... Non-current 47,600 14,000 61,600 Total deferred tax liability 47,600 14.000 61,600 Net deferred tax liability $ 44,600 13,000 57,600 Net deferred taxes are summarized as follows: Current assets (liabilities) 3,000 1,000 4,000 Non-current assets (liabilities) (47,600) (14.000) (61,600) $ (44,600) (13,000) (57,600) See Accompanying Accountant's Compilation Report. 9 COUNTYWIDE MECHANICAL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31. 2005 NOTE G — PENSION PLAN CONTRIBUTIONS The Company has a 401 (k) salary deferral plan which is available to employees with ninety days or more service at the semi-annual entry dates. The plan allows for deferrals up to 15% of salary and the Company matches up to 4% of the employee deferral. Company contributions vest over a five year period. The Company's contribution for 2005 was $29,496 NOTE H — RELATED PARTY TRANSACTIONS The Company leases its principal operating facility and offices from an entity owned by the shareholders. Rent paid to the related parties was $150,400 including $4,370 in repairs. The lease, which calls for monthly rents of $6,600, extends through November 2008. The lease also called for repayment of landlord paid for tenant improvements totaling $100,000. During 2005, two of the three payments of $33,333 were paid leaving an obligation for one additional payment of $33,333. These payments are being expensed in the period in which they are paid. From time to time, the Company borrows from its principal shareholders. The three notes bear interest at 10% to 18% and have no specific repayment schedules. The Company recorded interest expense aggregating $42,750 during 2005. The Company and shareholders have agreed that principal payments of $100,000 will be made in 2006. Such amount is reflected as the current portion of long term debt to related parties. No principle was paid in 2005. NOTE I — LEASES The Company leases its building (as set forth in note H) and its telephone system. Total rent expense paid to all parties during the year aggregated $248,241, including $66,667 in additional rent for tenant improvements as set forth in note H. Minimum rents for the next five years are summarized as follows: Minimum Rents 2006 $ 82,449 2007 81,547 2008 66,000 2009 Thereafter $ 229,996 NOTE J — CONCENTRATIONS The Company deposits all payments received on contract billings into its primary bank. As such deposits often exceed the FDIC insurance limits; a large portion of the Company's balances may not be insured from time to time. The Company periodically evaluates the credit worthiness of its primary bank and has not experienced any losses in such accounts. All of the Company's revenues are generated from customers in the construction and building industry and through performance of construction activities. As such, the Company is directly affected by the condition of the construction industry and the local economy. The Company generally obtains lien rights on all major projects and service work. Contracts receivable balances from one customer (exceeding 10% of total accounts receivable) represented 24% of the total contracts receivable as of December 31, 2005. ******* See Accompanying Accountant's Compilation Report. 10 SUPPLEMENTAL INFORMATION 6 j- | o gz <$ £ 0 2UJ t=5 Z2 OUJ O 9 i t n i^^ _j Z D^K I | 1^j ULJ R 5O co o CM ro\ j K.UJCD 5111OHI Q QHIQ UJ 3 >- CO (0 O) (OC ,. 0)is; .. O m uj c OT rrt y)42 CD I/] OO X O UJ Q. ^ 0o +->1 CL 0 g to 0 "° 0)g! 0) cu COo>c m f\UL.CD 1_Q. 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I I Ooo COQ. OOO < 0cuCO CM BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer ."te£ fl-farhsrL Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised 10/08/03 Contract No. FAC 06-04 Page 19 of 59 Pages COUNTYWIDE MECHANICAL SYSTEMS INC. DVBE SB 0036481 HEATING • AIR CONDITIONING • REFRIGERATION • CONTROLS • PLUMBING LIC. 748569 Bidder's Name: Countywide Mechanical Systems, Inc. Reference #1 District or Entity: San Diego Unified School District Phone #: (619)544-9783 Address: 4860 Ruffher St., San Diego, CA 92111 Name of Contact: Larry Bouchard with Soltek Pacific at the above #. Scope of Work & $ Amount: HVAC San Diego High School in 2003 for $1,000,000.00 District or Entity: Sweetwater Unified School District Phone #: (858)967-1148 Address: 1130 5th Ave., Chula Vista, CA 91911 Name of Contact: Brett Morgan with Rudolf & Sletten at the above #. Scope of Work & $ Amount: HVAC Mar Vista High School in 2002 for $400,000.00 District or Entity: San Diego Unified School District Phone #: (619)296-6247 Address: 4860 Rufmer St., San Diego, CA 92111 Name of Contact: Kathleen Strom with Soltek Pacific at the above #. Scope of Work & $ Amount: Modernization Jefferson Elementary School in 2005 for $180,000.00 District or Entity: San Diego Unified School District Phone #: (619)719-8013 Address: 4860 Ruffner St., San Diego, CA 92111 Name of Contact: Nick McAvene with Soltek Pacific at the above #. Scope of Work & $ Amount: Normal Heights Elementary School in 2006/2007 for $700,000.00 District or Entity: The Department of the Navy Phone #: (951)684-9303 Address: MCAS Building 5305 Name of Contact: Randy Van Nuis with Stronghold Engineering Scope of Work & $ Amount: Lifelong Learning Center in 2005 for $485,000.00 1939 FRIENDSHIP DR. STE. F • EL CAJON CA • 92020 PAGE 1 of 1 PHONE (619) 449-9900 • FAX (619) 449-9901 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. FAC 06-04 Page 20 of 59 Pages ACORPU CERTIFICATE OF LIABILITY INSURANCE Ts^'oT PRODUCER (619)584-6400 FAX (619)584-6425 West! and Insurance Brokers 3838 Camino Del Rio North #315 L-°,0. Box 85481 an Diego, CA 92186-5481 INSURED Countywide Mechanical Systems, Inc. P.O. Box 712558 Santee, CA 92072 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Golden Eagle Insurance Corp. INSURER B St. Paul Travelers INSURER c: Everest National Insurance Co INSURER D: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A B C \DD'\.NSR:TYPE OF INSURANCE GEI> T 1ERAL LIABILITY COMMERCIAL GENERAL LIABILITY [ CLAIMS MADE £X~] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: ~~] POLICY [T] jPERc°f | |LOC AUTOMOBILE LIABILITY X — ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER CBP8125515 DT810365K6292TIL05 CA10000582061 POLICY EFFECTIVE DATE (MIWDD/YY) 03/01/2006 12/28/2005 01/02/2006 POLICY EXPIRATION DATE rMM/DD/YY) 03/01/2007 12/28/2006 01/02/2007 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PRFMISFS (Fa nnrurflnre) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AGQ EACH OCCURRENCE AGGREGATE V WCSTATU- 1 IOTH-A TORY LIMITS 1 1 ER E.L. EACH ACCIDENT EL DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT * 1,000,000 s 300,000 * 5,000 * 1,000,000 * 2,000,000 * 2,000,000 1,000,000 $ $ $ $ $ s $ $ $ $ $ $ 1,000,000 $ 1,000,000 $ 1,000,000 *E?° HVAC 0REPLACEMENf CAT°NTw6E COLMMUENITY'°clNTDEERsI ^ODEcTNO? CIFACR°06°04 BID NO>PWS0624FAC US RESPECTS GENERAL LIABILITY & AUTOMOBILE LIABILITY CERTIFICATE HOLDER, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER ATTACHED FORM CG2037 07/04 & CA0001 10/01. 'RIMARY WORDING INCLUDED PER ATTACHED CG0001 10/01. *EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION _ CITY OF CARLSBAD PUBLIC WORKS PURCHASING DEPARTMENT ATTN: KEVIN DAVIS 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BWt}£X'X36XrX> MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. KMXXroNXKtttfmiKKKKraX^ KWW0«*Xi>(tf8KmS«3(K^ AUTHORIZED REPRESENTATIVE S\ . - / Carol Corporal es/ESPESE L^W /- Lfp*>>S*^ ACORD 25 (2001/08) FAX: (760)602-8562 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COUNTYWIDE MECHANICAL SYSTEMS, INC POLICY NUMBER: CBP8125515 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS • COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s): City of Carlsbad, its officials, employees and volunteers Location And Description Of Completed HVAC Replacement at Two Community Centers, Project No. FAC 06-04 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 i ISO Properties, Inc., 2004 Page 1 of 1 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. be- low applies. If this insurance is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. CO 00 01 10 01 © ISO Properties, Inc., 2000 Page 11 of 16 Policy* DT810365K629TIL05 Effective: 12/28/2005 SECTION II - LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. COMMERCIAL AUTO CA0001 1001 (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. CA0001 1001 ' ISO Properties, Inc., 2000 D BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: C\L By: (sign here) (print name/title) Page \ of.. pages of this Re Debarment form Revised 10/08/03 Contract No. FAC 06-04 Page 21 of 59 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? v/ yes no 2) Has the suspension or revocation of your contractors license ever been stayed? V yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? \s yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page I of 1~ pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. FAC 06-04 Page 22 of 59 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (signnere) Randal I (print name/titl Page I— of pages of this Disclosure of Discipline form Revised 1 0/08/03 Contract No. FAC 06-04 Page 23 of 59 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 State of California ) ) ss. County of 5cxr> KQ.no/a/I {Name of Bidder) and says that he or she is -rr£S J _, being first duly sworn, deposes (Title) of rvumuiAjiuiL A/1fc.hCLnic.CLi c^M5/m?r ,//?£• ' (Name of Firm) ' the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the /9'ctr day of /ffri ( , 20^4, . Signature of Bidder Subscribed and sworn to before me on the /"? — day of PAMELA J. DEMO 86AM) #1587515 m Notary PuWlc-C«llfom)« <2 SAN EMEOO COUNTY -» My Comm. Exp. June 14.2009 \ J Signature of Notary Revised 10/08/03 Contract No. FAC 06-04 Page 24 of 59 Pages CONTRACT PUBLIC WORKS This agreement is made this ^3 day of lA-LXJVL5c_^ , 20Qlp by and between the City of Carlsbad, California, a murtrcipal corporation, (hereinafter called "City"), and COUNTYWIDE MECHANICAL SYSTEMS INC. whose principal place of business is 1939 FRIENDSHIP DRIVE SUITE F EL CAJON CA 92020 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 edition and the 2005 cumulative supplement thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Revised 10/08/03 Contract No. FAC 06-04 Page 25 of 59 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Revised 10/08/03 Contract No. FAC 06-04 Page 26 of 59 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Revised 10/08/03 Contract No. FAC 06-04 Page 27 of 59 Pages d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Revised 10/08/03 Contract No. FAC 06-04 Page 28 of 59 Pages (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 1 1 above. / ** init I^J init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1 720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 10/08/03 Contract No. FAC 06-04 Page 29 of 59 Pages ,16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Couniiywide Mechanical Systems al corporation of By: or Contractor) (sign here) Randall Signore, President (print name and title) (sign here) Rose Signore, Secretary (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. FAC 06-04 Page 30 of 59 Pages ACKNOWLEDGMENT State of California County of M personally appeared before me, (here insert name and title of theCofficer) A tf^LQ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person^sj whose name(s^ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c-?/7 • x?//faMA) C£Signature 1383628 - tOTARYPUBUC-CAUFORNIAD SAN DIEGO COUNTY 0 COMM. EXP. NOV c orm/ -i. (Seal) BOND NO. 2054755 P2EMTOM INCLUDED W PESS-OI8MANCE BOND LABOR AND MATERIALS BOND WHEREAS, on April 18. 2006 the City of Carlsbad, State of California, has awarded to COUNiyWIDE MECHANICAL SYSTEMS INC. (hereinafter designated as the "Principal"), a Contract for: HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 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 incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, COUNTYWIDE MECHANICAL SYSTEMS INC. , as Principal, (hereinafter designated as the "Contractor"), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIFTY SIX THOUSAND FOUR HUNDRED FIFTY Dollars ($56,450), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. T*Revised 10/08/03 Contract No. FAC 06-04 Page 31 of 59 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 25TH day of MAY _ , 2006 . Executed by SURETY this. Of MAY 25TH .day _,2006_ CONTRACTOR: SYSTEMS, INC. (narrj6 of Contractor) I \ ~"^^/^-^~- By:. ' SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name of Surety) 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 (sign here) RANDALL ANTHONY SIGNORE (address of Surety) 714/550-7799 (print name here) PRESIDENT (title and organization of signatory) ephone number of Surety) (signjhere) ROSE SIGNORE (print name here) / WSUCAS^{/is^jL^yr&LS (signature(6f/ttorney-ih-Fact) KAREN JEAN HALL, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) SECRETARY (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Bv: A Deputy City Attorney Revised 10/08/03 Contract No. FAC 06-04 Page 32 of 59 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 jSSsaayagMgasyjsswjgs^s^ State of CALIFORNIA i i - ii County of.SAN DIEGO 5/25/2006 before me,. DATE personally appeared. 03 personally known to me - OR - DEBORAH D. DAVIS COMM. #1412744 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm. Exp APRIL 21,2007 I DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" KAREN JEAN HALL , NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNATURE OF NOTARY OPTIONAL SECTION i OPTIONAL SECTION' CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Q INDIVIDUAL Q CORPORATE OFFICER(S) TITLE(S) Q PARTNER(S) Q LIMITED Q GENERAL [X| ATTORNEY-IN-FACT Q TRUSTEE(S) Q GUARDIAN/CONSERVATOR ["I OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES DATE OF DOCUMENT . SIGNER(S) OTHER THAN NAMED ABOVE. 5S5SSSSSSSSSSSSSSSSSS 3SSS SS ACKNOWLEDGMENT State of California County of J personally appeared before me, (here insert name and title of the Officer) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(sj whose name(s) is/are, subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the personjs} acted, executed the instrument. VaH^> WITNESS my hand and official seal. Signature (Seal) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: John Maloney, Helen Maloney, Mark P. latarola, Karen Jean Hall and Matthew C. Gaynor jointly or severally Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, oa contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the 3111011111 °f: TEN MILLION (10,000,090.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of'the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24* of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." SEAL 1873 By Paul D. Amstutz, President & Cbief Executive Officer of Washington international Insurance Company & Vice President of North American Specialty insurance Company By Steven P. Anderson, Executive Vice President of Washington Internationa) Insurance Company & ViceFresident of North American Specialty lasarance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1 day of December ; 2004 . North American Specialty Insurance Company Washington International Insurance Company State of lEinois County of Du Page On this 1 day of December ; 20 04 , before me, a Notary Public personally appeared Paul D. Amstatz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. •%*»« IH^L^j Yasmin A. Patel, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of Worth American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this^^^^iay of MAY , 20 06 . James A. Qipemer, Vice President & Assistant Secretary of Washington International Insurance Company & Assistant Secretary of NOT& American Specialty Insurance Company Premium Is For Contract Term And Is Subject To Adjustment BOND NO. 2054755 Based On Final Contract Prica PREMIUM: $1,129.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, on April 18. 2006 the City of Carlsbad, State of California, has awarded to COUNiyWIDE MECHANICAL SYSTEMS INC. (hereinafter designated as the "Principal"), a Contract for: HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, COUNTYWIDE MECHANICAL SYSTEMS INC. as Principal, (hereinafter designated as the "Contractor"), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held firmly bound unto the City of Carlsbad in the sum of FIFTY SIX THOUSAND FOUR HUNDRED FIFTY Dollars ($56,450), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. FAC 06-04 Page 33 of 59 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 25TH day of MAY , 20 06 . CONTRACTOR: COUNTYWIDE MECHANICAL SYSTEMS, INC, Name/otContractor) (sign here) RANDALL ANTHONY SIGNORE Executed by SURETY this 25TH day of MAY t 20 °6 SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name of Surety) 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 (address of Surety) 714/550-7799 (print name here)(telephone number of Surety) PRESIDENT (Title and Organization of Signatory) By: By: (sign here) (signature of Attoojefy-in-Fact) KAREN JEAN HALL. ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) ROSE SIGNORE (print name here) (Attach corporate resolution showing current power of attorney.) SECRETARY (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. FAG 06-04 Page 34 of 59 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State nf CALIFORNIA County nf SAN DIEGO personally appeared. L ii ii<iiiii !iifi•,i i i i | ii( 5/25/2006 DATE before me,DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" ' KAREN JEAN HALL NAME(S) OF SIGNER(S) ' 0 personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DEBORAH D. DAVIS COMM. #1412744 NOTARY PUBLIC-CALIFORNIA <K SAN DIEGO COUNTY ^ MyComm Exp APRIL21,2007 V ^"vilWL, «M[k7'u;JPM''->'9*—pM(-~M^jy«Q«pi^WITNESS my hand and official seal. ^ A SIGNATURE OF NOTARY OPTIONAL SECTION ^•" OPTIONAL SECTION •••• CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Q INDIVIDUAL Q CORPORATE OFFICER(S) TITLE(S) Q] PARTNER(S) Q LIMITED [J GENERAL [X] ATTORNEY-IN-FACT Q TRUSTEE(S) Q GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE. SSSSSSSSSS! i ACKNOWLEDGMENT State of California County of j On QtM(£ 5 ' Db before me, ' (here insert name and title of thejofficer) personally appeared nostfcLaJ/ (2sri7h<f7Lf«~^S — ~. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(sj. whose namejs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityOes), and that by his/her/their signature(s)jDn the instrument the person(s)^ or the entity upon behalf of which the personjs) acted, executed the instrument. WITNESS my hand and official seal. N SAN DIEGO COUNTY 0. A , COMM. EXP. NOV. 5.Signature (Seal) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: John Maloney, Helen Maloney, Mark D. latarola, Karen Jean Hall and Matthew C. Gaynor jointly or severally Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the am°Unt °f: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directois of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24* of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By. Paul D. Amstntz, President & Chief Executive Officer of Washington international Insurance Company & Vice President of North American Specialty Insurance Company By Steven P. Anderson, Executive Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused tiieir official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1 day of December ) 2004 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page On this 1 day of December t 20 04, before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 1 •^tfSL-J Yasmin A. Patel, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary _ of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _£_Sy of MAY _, 20 06. lames A. Cupenter, Vice President & Assistant Secretary of Washington International Insurance Company & Assistant Secretary ofNortli American Specialty Insurance Company OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for: HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. Revised 10/08/03 Contract No. FAC 06-04 Page 35 of 59 Pages 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address _ For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature. Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. FAC 06-04 Page 36 of 59 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature Address MAYOR For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature. Address Revised 10/08/03 Contract No. FAC 06-04 Page 37 of 59 Pages SUPPLEMENTAL PROVISIONS FOR HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION 2003 EDITION PART 1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. FAC 06-04 Page 38 of 59 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Manager, General Services - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. FAC 06-04 Page 39 of 59 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building and Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric EWA Encina Wastewater Authority G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LWD Leucadia Wastewater District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No. FAG 06-04 Page 40 of 59 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. No construction plans are included. Work is replacement of existing equipment and requirements are included in the Contract documents. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 10/08/03 Contract No. FAC 06-04 Page 41 of 59 Pages 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) City of Carlsbad Supplemental Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 10) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into/this Project, is in compliance with the Contract Documents, can be installed in the abated jfcpace^, arjd is submitted for approval." By: ) " Title: President Date: 5/24/06 Company Name: Countywide Mechanical Systems, Inc Revised 10/08/03 Contract No. FAC 06-04 Page 42 of 59 Pages Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. Revised 10/08/03 Contract No. FAC 06-04 Page 43 of 59 Pages 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. Revised 10/08/03 Contract No. FAC 06-04 Page 44 of 59 Pages The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's /proposeajinasestimate in order for it to be further considered." By: V^) _ Title: President Date: 5/24/06 _ Company Name: Countywide Mechanical Systems, Inc The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Supervisor or Superintendent 3. Public Works Manager 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 10/08/03 Contract No. FAC 06-04 Page 45 of 59 Pages All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. Revised 10/08/03 Contract No. FAG 06-04 Page 46 of 59 Pages (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 10/08/03 Contract No. FAC 06-04 Page 47 of 59 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. FAC 06-04 Page 48 of 59 Pages Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No. FAC 06-04 Page 49 of 59 Pages SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within fourteen (14) calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as specified in the Specifications. The work includes removal and legal disposal of the existing package heat pumps and associated HVAC system components and the installation of new package heat pumps and associated HVAC system components, electrical and piping modifications, start-up and testing of the new systems, and training of City personnel at two locations. Location 1 is the Stagecoach Park Community Center located at 3420 Camino de los Coches and Location 2 is the Calavera Hills Community Center located at 2997 Glasgow Drive. The following descriptions outlining the order of work are provided for the Contractor's review and information. The descriptions for Phase 1 through 4 are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Some phases or portions of phases may overlap each other and/or occur during the same time period. Add the following section: 6-2.2.1 Phase I. Phase I consists of submittal of all components and materials required to perform the work. Add the following section: 6-2.2.2 Phase II. Phase II consists of procurement and delivery of all components (to the jobsite) required to perform the work Add the following section: 6-2.2.3 Phase III. Phase III consists of shut down of the current system and demolition of the existing components to be removed. Revised 10/08/03 Contract No. FAC 06-04 Page 50 of 59 Pages Add the following section: 6-2.2.4 Phase IV. Phase IV consists of installing the new package heat pumps, other associated HVAC components, inspection of the work in progress, start-up, testing and training. *Note to bidders: The time allowed between shut down of the existing system and start-up is Forty-eight (48) hours. The Contractor agrees that a performance disincentive of Five Hundred dollars ($500.001> per day will be assessed for every twenty-four (24) hour period or portion of a twenty-four (24) hour period the system is not in complete and satisfactory operation after the allowed work time. The Contractor agrees to begin the system shut down only after all components are on site and ready to be installed. The Contractor agrees that the system shut down shall begin when approved by the Project Inspector. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under section 7-6, The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within forty-five (45) working days after the starting date specified in the Notice to Proceed. "Note to bidders: This 90 working day period includes submittal submission, submittal review, equipment purchase and delivery and construction and testing. This 45 working day period is separate and concurrent from the site construction phases indicated in Section 6-2.2.4. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Revised 10/08/03 Contract No. FAG 06-04 Page 51 of 59 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Three Hundred Dollars ($300.00) per day. Liquidated Damages are separate from Performance Penalties indicated in Section 6-2.2.4. Execution of the Contract shall constitute agreement by the Agency and Contractor that Three Hundred Dollars ($300.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. Revised 10/08/03 Contract No. FAC 06-04 Page 52 of 59 Pages 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. Revised 10/08/03 Contract No. FAC 06-04 Page 53 of 59 Pages 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. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations (760)602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. Revised 10/08/03 Contract No. FAG 06-04 Page 54 of 59 Pages 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following: A field office for Agency Personnel is not required. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. Revised 10/08/03 Contract No. FAC 06-04 Page 55 of 59 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/03 Contract No. FAC 06-04 Page 56 of 59 Pages TECHNICAL SPECIFICATIONS FOR HVAC REPLACEMENT AT TWO COMMUNITY CENTERS CONTRACT NO. FAC 06-04 Revised 10/08/03 Contract No. FAC 06-04 Page 57 of 59 Pages REMOVE AND REPLACE PACKAGE HEAT PUMPS AND ASSOCIATED HVAC SYSTEM COMPONENTS AT STAGECOACH COMMUNITY CENTER 1. Contractor shall remove and legally dispose of (4) Gas/Electric rooftop package units from the roof of the Stagecoach Community Center (3420 Camino de los Coches, Carlsbad CA). 2. Contractor shall provide and install the following: • Two (2) Trane Model 4YCC3018A1040A* Gas/Electric package units • One (1) Trane Model 4YCC3036A1075A* Gas/Electric package unit • One (1) Trane Model YSC090A4ROA* Gas/Electric package unit (*or approved equal) 3. Contractor shall anchor the units per the manufacturers instructions and shall provide curb adaptors, provide proper sealing of the equipment to the roof and provide all ducting necessary. 4. Contractor shall provide and install four (4) Micro Metal* economizers with filter racks and controls. (*or approved equal) 5. All outdoor coils on this equipment must be treated with Blygold* coating to prevent corrosion. (*or approved equal) 6. Contractor shall remove the existing service disconnects and replace them with Siemans GF222NR* for approved equal). 7. Contractor shall connect the new units to the existing thermostats. 8. Contractor shall perform all electrical, mechanical, refrigerant tubing and other connections to the new equipment and shall provide start up of the new package units. Contractor shall demonstrate proper operation of all units. 9. The Stagecoach Community Center shall not be left without air conditioning for more than 48 hours. The Contractor shall schedule and prosecute the work with City of Carlsbad Facility Division staff. 'Equals and Approvals: Where the words "equal", "approved equal", "equivalent", and such works of similar import are used, it shall be understood such works are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Revised 10/08/03 Contract No. FAC 06-04 Page 58 of 59 Pages REMOVE AND REPLACE PACKAGE HEAT PUMPS AND ASSOCIATED HVAC SYSTEM COMPONENTS AT CALAVERA COMMUNITY CENTER 1. Contractor shall remove and legally dispose of (4) Gas/Electric rooftop package units from the roof of the Calavera Community Center (2997 Glasgow Drive, Carlsbad CA) 2. Contractor shall provide and install the following: • One (1) Trane Model 4YCC3018A1040A* Gas/Electric package unit • One (1) Trane Model 4YCC3036A1064A* Gas/Electric package unit • One (1) Trane Model 4YCC3060A1096A* Gas/Electric package unit • One (1) Trane Model YSC090A4ROA* Gas/Electric package unit (*or approved equal) 3. Contractor shall anchor the units per the manufacturers instructions and shall provide curb adaptors, provide proper sealing of the equipment to the roof and provide all ducting necessary. 4. Contractor shall provide and install four (4) Micro Metal* economizers with filter racks and controls. (*or approved equal) 5. All outdoor coils on this equipment must be treated with Blygold* coating to prevent corrosion. (*or approved equal) 6. Contractor shall remove the existing service disconnects and replace them with Siemans GF222NR* (*or approved equal). 7. Contractor shall connect the new units to the existing thermostats. 8. Contractor shall perform all electrical, mechanical, refrigerant tubing and other connections to the new equipment and shall provide start up of the new package units. Contractor shall demonstrate proper operation of all units. 9. The Calavera Community Center shall not be left without air conditioning for more than 48 hours. The Contractor shall schedule and prosecute the work with City of Carlsbad Facility Maintenance staff. *Equals and Approvals: Where the words "equal", "approved equal", "equivalent", and such works of similar import are used, it shall be understood such works are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Revised 10/08/03 Contract No. FAC 06-04 Page 59 of 59 Pages EXPENDITURE SUMMARY BY ORG KEY As of 06/14/2006 Fiscal Year: 2006 Object 0015060 6100 6101 6150 6200 6300 6400 6501 6510 6520 6530 6610 6651 6653 6655 6656 6657 6720 6730 6740 TOTAL 7111 7210 7211 7216 7220 7222 7230 7231 7435 7490 7500 7510 7550 7551 7556 7558 7711 7712 7713 7715 7720 7725 User Report: Description GF-PW-FACILITIES MAINTENANCE PERSONNEL REG SALARIES INCENTIVE PAY IOD WORKER'S COMP OVERTIME SALARIES PARTTIME SALARIES TEMPORARY HELP HEALTH INSURANCE LIFE INSURANCE VISION INSURANCE MEDICARE UNIFORM ALLOWANCE HEALTHY EMP AWARDS FINAL VACATION PAY DISABILITY UNEMPLOYMENT WORKER'S COMPENSATION PERS SOCIAL SECURITY DEFERRED COMP PERSONNEL MAINTENANCE & OPERATIONS OTHER MACH & EQUIP OFFICE EQUIP MAINT COMMUNICATION EQUIP MAINTENANC COMPUTER MAINT VEHICLE MAINT OTHER EQUIP MAINT ROUTINE BLDG MAINT CUSTODIAL SERVICES ADMINISTRATIVE MISC PROFESSIONAL SERVICES ENCINA SERVICES CITY GENERATED MISCELLANEOUS OUTSIDE SERVICES BANK SERVICES MISC SERVICES LAUNDRY AND UNIFORM MAINTENCE DUES AND SUBSCRIPTIONS BOOKS AND PUBLICATIONS AUDIO-VISUAL MATERIALS PRINTING POSTAGE OFFICE SUPPLIES Generic User View Only Expenditure by OrqKey Curr. Month Budget Expenditures 885,808.00 35,248.79 9,100.00 0.00 0.00 0.00 61,300.00 1,952.91 83,040.00 720.00 0.00 0.00 170,876.00 7,821.93 4,923.00 220.94 0.00 i 144.46 10,542.00 523.13 0.00 0.00 0.00 12,676.00 884.00 38,830.00 248,622.00 0.00 0.00 1,526,601.00 5,242.80 0.00 3,440.00 0.00 0.00 1,000.00 434,204.70 155,597.30 0.00 149,164.87 0.00 0.00 352,822.02 0.00 0.00 8,034.00 750.00 115.00 0.00 1,000.00 50.00 0.00 0.00 0.00 410.61 37.80 0.00 9,843.46 19.84 15.00 56,958.87 0.00 27.59 42.65 0.00 0.00 0.00 9,025.00 0.00 0.00 0.00 0.00 0.00 2,903.72 0.00 0.00 349.12 0.00 0.00 0.00 29.10 8.44 7,000.00 ! 363.05 Expenditure Summary Page 1 Year-To-Date Expenditures 816,750.20 9,039.71 346.43 45,020.99 20,506.00 11,190.19 167,528.15 4,825.98 3,200.90 12,379.48 0.00 300.00 8,258.65 10,716.45 929.41 35,594.13 232,146.13 866.52 325.88 1,379,925.20 1 ,473.74 303.55 3,372.19 449.78 0.00 0.00 205,025.23 131,477.80 0.00 35,554.97 0.00 0.00 483,211.69 0.00 0.00 2,210.93 4,522.14 1,548.95 0.00 3,239.26 229.27 8,577.04 by Org Key Avail Encumb Balance ! 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,242.80 0.00 318.00 0.00 0.00 0.00 99,728.17 23,790.00 0.00 31,953.20 0.00 0.00 267,727.36 0.00 0.00 0.00 0.00 O.OQ 0.00 0.00 0.00 0.00 69,057.80 60.29 (346.43) 16,279.01 62,534.00 (11,190.19) 3,347.85 97.02 (3,200.90) (1,837.48) 0.00 (300.00) (8,258.65) 1,959.55 (45.41) 3,235.87 16,475.87 (866.52) (325.88) 146,675.80 526.26 (303.55) (250.19) (449.78) 0.00 1,000.00 129,451.30 329.50 0.00 81,656.70 0.00 0.00 (398,117.03) 0.00 0.00 5,823.07 (3,772.14) (1,433.95) 0.00 (2,239.26) (179.27) (1,577.04) 06/14/06 14:34:26 % Avail 7.7 0.6 0.0 26.5 75.3 0.0 1.9 1.9 0.0 (17.4) 0.0 0.0 0.0 15.4 (5.1) 8.3 6.6 0.0 0.0 9.6 10.0 0.0 (7.2) 0.0 0.0 100.0 29.8 0.2 0.0 54.7 0.0 0.0 (112.8) 0.0 0.0 72.4 (502.9) 1, 246.9) 0.0 (223.9) (358.5) (22.5) : Date : Time EXPENDITURE SUMMARY BY ORG KEY As of 06/14/2006 Fiscal Year: 2006 Object Description Budget Curr. Month Expenditures Year-To-Date Expenditures Encumb Avail % Balance Avail 7726 7730 7731 7750 7751 7752 7753 7801 7810 7811 7820 7821 7830 7850 7851 7852 7880 7899 8130 8520 8522 8535 8700 8810 8811 8830 8840 8855 8860 TOTAL 9000 9004 9005 9010 9021 9022 9030 9058 TOTAL TOTAL OFFICE FURNITURE & EQUIPMENT COMPUTER SOFTWARE MISC. COMPUTER HARDWARE HEAT AND LIGHT TELEPHONE & COMMUNICATIONS WASTE DISPOSAL SERVICES WATER BUILDING MAINT ELECTRICAL SUPPLIES JANITORIAL SUPPLIES PARTS-VEHICLES PARTS-EQUIP ROCK AND MINERAL PRODUCTS SMALL TOOLS SAFETY EQUIPMENT UNIFORMS AND ACCESSORIES GASOLINE AND OIL MISC SUPP TRAININGn"RAINING RELATED TRVL CONFERENCE TRAVEL MISC MEALS/MILES DISCOUNTS NOT TAKEN CONTINGENCIES VEHICLE MAINTENANCE VEHICLE REPLACEMENT GENERAL LIAB COPY SERVICES RECORDS MANAGEMENT INTERDEPT INFORMATION TECHNOLOGIES MAINTENANCE & OPERATIONS CAPITAL OUTLAY CAPITAL LEASES NETWORKED COMPUTER EQUIPMENT CAPITAL OUTLAY < $10K - NEW CAP OUTLAY - VEHICLES OFFICE EQUIPMENT OTHER EQUIPMENT OFFICE FURNITURE MINOR CAPITAL PROJECTS CAPITAL OUTLAY FOR 0015060 1,000.00 0.00 0.00 110,000.00 10,000.00 450.00 30,000.00 135,336.00 2,417.10 100,972.13 0.00 0.00 0.00 2,500.00 4,000.00 0.00 0.00 0.00 1,000.00 5,000.00 1,000.00 0.00 166,932.00 34,840.00 21,000.00 51,310.00 0.00 0.00 30,600.00 1,826,777.92 0.00 0.00 0.00 0.00 0.00 356,100.00 0.00 0.00 356,100.00 3,709,478.92 0.00 0.00 0.00 0.00 152.75 0.00 0.00 1,263.16 0.00 5,044.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16.90 0.00 0.00 20.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19,245.66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 76,204.53 10,008.29 0.00 157.55 104,719.45 15,812.66 402.70 24,201.41 198,025.19 0.00 102,912.69 5,277.19 0.00 0.00 1,309.55 4,881.00 0.00 10.00 4,775.60 700.00 393.24 436.50 0.00 0.00 36,059.08 13,675.08 47,034.13 0.00 0.00 28,644.24 1,480,632.09 0.00 0.00 0.00 0.00 353.42 138,476.30 0.00 0.00 138,829.72 2,999,387.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 37,079.43 0.00 1,388.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 465,227.31 0.00 0.00 0.00 0.00 0.00 8,930.70 0.00 0.00 8,930.70 474,158.01 (9,008.29) 0.00 (157.55) 5,280.55 (5,812.66) 47.30 5,798.59 (99,768.62) 2,417.10 (3,328.91) (5,277.19) 0.00 0.00 1,190.45 (881 .00) 0.00 (10.00) (4,775.60) 300.00 4,606.76 563.50 0.00 166,932.00 (1,219.08) 7,324.92 4,275.87 0.00 0.00 1,955.76 (119,081.48) 0.00 0.00 0.00 0.00 (353.42) 208,693.00 0.00 0.00 208,339.58 235,933.90 (900.8) 0.0 0.0 4.8 (58.1) 10.5 19.3 (73.7) 100.0 (3.2) 0.0 0.0 0.0 47.6 (22.0) 0.0 0.0 0.0 30.0 92.1 56.3 0.0 100.0 (3.4) 34.8 8.3 0.0 0.0 6.3 (6.5) 0.0 0.0 0.0 0.0 0.0 58.6 0.0 0.0 58.5 6.3 User: Generic User View Only Report: Expenditure_by_OrgKey Expenditure Summary by Org Key 2 06/14/06 : Date 14:34:26 : Time Fiscal Year: 2006 EXPENDITURE SUMMARY BY ORG KEY As of 06/14/2006 Object Description FUND TOTAL GRAND TOTAL Budget Curr. Month Expenditures Year-To-Date Expenditures Encumb Avail % Balance Avail 3,709,478.92 j 76,204.53 2,999,387.01 474,158.01 235,933.90 6.3 3,709,478.92 i 76,204.53 2,999,387.01 474,158.01 | 235,933.90 6.3 User: Generic User View Only Report: Expenditure_by_OrgKey Expenditure Summary by Org Key Page 3 06/14/06 : Date 14:34:26 : Time