HomeMy WebLinkAboutDesign Space Modular Buildings; 2004-12-07;DOC # 2005-051 3380
RECORDED REQUESTED BY I111111ll Ill 11111 11111 111ll111ll Ill11 11111 11111 11111 11111 IIIII 1111 Ill1
JUN 20,2005 8:25 AM I OFFICIAL RECORDS CITY OF CARLSBAD
AND WHEN RECORDED PLEASE .? le
J - MAILTO:
6:
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City Clerk
City of Carlsbad
SAN DIEGO COUNTY RECORDER'S DFFICE GHEGDRY J. SMITH, COUNTY RECORDER
FEES: 0.00 PAGES: 1
I 11111 11111 11111 1111 11111 11111 Ill11 Ill11 Hlll1111 Ill11 11111 1111 11111 Ill 1111
1200 Carlsbad Village Drive
Carlsbad, California 92008
Space above this line for Recorder's use.
PARCEL NO: 15618032
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on May 10, 2005.
The name of the contractor for such work or improvement is Design Space Modular Buildings Inc.
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: New Modular Buildings at the Parks Yard,
Agreement Number PKS 04-02, Drawing Number 420-8.
The street address of said property is 1 166 Carlsbad Village Drive. 8.
Public @rks Director
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 Council of said City on ,20 05 , accepted the above
described work as completed and ordered that a Notice of Completion be filed.
June 7
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 8 , 20&, at Carlsbad, California.
CITY OF CARLSBAD
- City Clerk
LAW5
6/7/05 AB 18,144
WordWasters\Fotms\Notice of Completion (City) 3/9/98 3
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for the New Modular Buildings at the Parks Yard, FAC 04-02 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
Installation of a modular office building.
VALUE
$109,462.00
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS /
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.
AP OVED AS TO FORM: A rrl
c* 2 (I or. RonXd R. Ball, City Attorney
d\ floe
Word\Masters\Fons\Acceptanm of Public Improvements (City)
JUN 1 0 2005
Date
3/9/98 4
CITY OF CARLSBAD
San Diego County
Calif o mi a
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
NEW MODULAR BUILDING
AT
THE PARKS YARD
PWS04-38PKS CONTRACT NO. PKS 04-02
4% %# Revised 5/24/04 Contract No. PKS 04-02 Page 1 of70 Pages
TABLE OF CONTENTS
Item .
Notice Inviting Bids .......................................................................................................................
Contractor's Proposa I ...................................................................................................................
Bid Security Form .........................................................................................................................
Bidder's Bond To Accompany Proposal .......................................................................................
Guide For Completing The "Designation Of Subcontractors" Form ............................................
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .................................
Bidder's Statement Of Financial Responsibility ...........................................................................
Bidder's Statement Of Technical Ability And Experience ............................................................
Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation ...........................................................................................
Bidder's Statement Of Re Debarment ..........................................................................................
Bidder's Disclosure Of Discipline Record ........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works ..................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful PerformanceNVarranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
5
9
13
14
16
18
19
20
21
22
23
25
26
32
34
36
w ts Revised 5/24/04 Contract No . PKS 04-02 Page 2 of 70 Pages
SUPPLEMENTAL PROVISIONS
Part 1
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
Section 5
5-1
5-4
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 9
9- 1
9-3
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ....................................................................................................................
Definitions .............................................................................................................
Abbreviations ........................................................................................................
Scope And Control Of The Work
Subcontracts .........................................................................................................
Contract Bonds .....................................................................................................
Surveying .............................................................................................................. Plans And Specifications ......................................................................................
Authority Of Board And Project Manager .............................................................
Changes In Work
Changes Initiated by the Agency ..........................................................................
Extra Work ............................................................................................................
Changed Conditions .............................................................................................
Disputed Work ......................................................................................................
Control Of Materials
Materials Transportation. Handling and Storage .................................................
Materials And Workmanship .................................................................................
Utilities
Location .................................................................................................................
Relocation .............................................................................................................
Prosecution. Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work .............................................................................................
Delays And Extensions Of Time ...........................................................................
Time of Completion ...............................................................................................
Completion And Acceptance ................................................................................
Liquidated Damages .............................................................................................
Responsibilities Of The Contractor
Workers' Compensation Insurance ......................................................................
Permits ..................................................................................................................
Liability Insurance .................................................................................................
Cooperation and Collateral Work .........................................................................
Project Site Maintenance ......................................................................................
Public Convenience And Safety ...........................................................................
Laws To Be Observed ..........................................................................................
Measurement and Payment
Measurement Of Quantities For Unit Price Work .................................................
Payment ................................................................................................................
39
39
40
41
41
42
43
44
44
45
45
46
49
49
50
50
50
54
54
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57
% Revised 5/24/04 Contract No . PKS 04-02 Page 3 of 70 Pages
TECH N IC AL S P E C I F I CAT I 0 N S
Part 1 General Provisions
Section 1.01 Scope A . Architectural ..........................................................................................................
B . Mechanical ............................................................................................................
C . Electrical ................................................................................................................
D . Site Preparation ....................................................................................................
Section 1.02 References ............................................................................................................
Section 1.03 Codes and Standards ...........................................................................................
Section 1.04 Submittals
A . Product Data .........................................................................................................
B . Shop Drawings ......................................................................................................
C . Documents ............................................................................................................
Section 1.05 Quality Assurance .................................................................................................
Part 2 Products
Section 2.01 General A . Exterior Requirements ..........................................................................................
B . Interior Requirements ...........................................................................................
C . Structural Requirements - Support System .........................................................
Section 2.02 Mechanical
A . Heating. Ventilating. and Air Conditioning (HVAC) ..............................................
Section 2.03 Electrical ................................................................................................................
Part 3 Execution
Section 3.01 Architectural ..........................................................................................................
Section 3.02 Mechanical ............................................................................................................
Section 3.03
A .
B .
C .
D .
Section 3.04
Section 3.05
A .
B .
C .
D .
Section 3.06
A .
B .
C .
D .
Electrical General Requirements ..........................................................................................
Power .................................................................................................................... Receptacles ..........................................................................................................
Lighting ..................................................................................................................
Communications ...................................................................................................
Restroom
Genera I ................................................................................................................. ArchitecturaI/StructuraI .........................................................................................
Mechanical - Plumbing .........................................................................................
Electrical ................................................................................................................
Plumbing Fixtures
Toilets ....................................................................................................................
Urinal ..................................................................................................................... Lavatories and Faucets ........................................................................................
Domestic Water Heaters .......................................................................................
60
60
60
60
61
61
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4= \# Revised 5/24/04 Contract No . PKS 04-02 Page 4 of 70 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11 :00 a.m. on July 13, 2004, 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 existing 576 square foot
modular building and replacing it with a new 1,440 square foot modular building within the Parks
Division maintenance yard.
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
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, 2003 Edition, and
the 2004 supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern
California Chapter of the American Public Works Association and as amended by the supplemental
provisions sections of this contract. Reference is hereby made to the plans and 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 Project
Manager.
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 (IO) 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
$1 00,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarization where indicated are:
e= ts Revised 5/24/04 Contract No. PKS 04-02 Page 5 of 70 Pages
1. 2.
3.
4.
5.
6.
7.
Contractor's Proposal Bidder's Bond
Non-Collusion Affidavit
Designation of Subcontractors and Amount of Subcontractor Bid
Designation of Owner Operator/Lessors 8, Amount of Owner Operator/Lessor Work Bidder's Statement of Financial Responsibility
Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the
City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of
this contract.
IO. Bidder' s Statement Re Debarment 1 1. Bidder's Disclosure Of Discipline Record
12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder
wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Project Manager's Estimate. The estimated quantities
are approximate and serve solely as a basis for the comparison of bids. The Estimate is $75,000.00.
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: A, B, or C47
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 Project Manager a written request for clarification or correction.
Any response will be made only by a written addendum duly issued by the Project Manager 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.
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 Project Manager. 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.
e= a# Revised 5/24/04 Contract No. PKS 04-02 Page 6 of 70 Pages
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 Project Manager is the City's "duly authorized officer"
for the purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held at 9:30 a.m. on July I,
2004 at the Parks Administration Office located at 1166 Carlsbad Village Drive.
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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
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:
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
r.4 Revised 5/24/04 Contract No. PKS 04-02 Page 7 of 70 Pages
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.
ISABELLE PAULSEN, CMC
City Clerk
PUBLISH: June 9,2004
e= k# Revised 5/24/04 Contract No. PKS 04-02 Page 8 of 70 Pages
LLJs Enclnllas Blvd., Ste. 111, Enclnltas, CA 92024456
PH: 760-944-4441 FAX: 760-944-4447
July 14,2004
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Attn: Mr. Kevin Davis
Ref: Contract No. PKS 04-02
We have reviewed that terms of the Notice Inviting Bids and referenced documents
related to this project and agree that the numerical depiction of our quote is accurate and
the Bid Price $107,407.00 includes applicable sales tax.
SALES/LEASING MODULAR BUILDINGS MOBILE OFFICE TRAILERS
- City of Carlsbad
June 24,2004
ADDENDUM NO. 1
RE: NEW MODULAR BUILDING AT THE PARKS YARD, CONTRACT #: PKS04-02
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
KEVIN DAVIS
Buyer
KD:dli
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
~ ~~ ~
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2430 - FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
- City of Carlsbad
July 6,2004 RECEIVED
JUL 07 2004
ADDENDUM NO. 2
RE: NEW MODULAR BUILDING AT THE PARKS YARD, CONTRACT NO. PKS04-02
Please include the attached addendum in the Notice to BidderlRequest for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when 1 your bid is submitted. b I
‘KEVIN DAVIS
Buyer
KD:dli
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
1635 Faraday Avenue * Carlsbad, CA 92008-7314 * (760) 602-2430 a FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 c iltility Billing (760) 602-2420 e
Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bic! tine (760) 602-2464
- City of Carlsbad
July 8, 2004
ADDENDUM NO. 3
RE: NEW MODULAR BUILDING AT THE PARKS YARD, CONTRACT NO. PKS04-02
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted. /* KEVl D IS
Buyer
KD:dli
Attach men t
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
1635 Faraday Avenue - Carlsbad, CA 92008-731 4 - (760) 602-2430 - FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 Utility Billing (760) 602-2420 - @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
CITY OF CARLSBAD
CONTRACT NO. PKS 04-02
NEW MODULAR'BUILDING AT THE PARKS YARD
CONTRACTORS PROPOSAL
City Council
City of Carisbad
1200 Carlsbad Village Drive
Carisbad, California 92008
The undersigned declares heishe has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Suppiemental 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. PKS 04-02 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that helshe will take in full payment therefor the
following unit prices for each item complete, to wit:
SCHEDULE "A"
Item - No. Description
Approximate
Quantity Lump Sum Total Lump Sum
A-1 Manufacture and deliver a -1 new modular building to the 1 $ /D z VD7 e $/u7q27r5
parks yard. Remove and
dispose of existing modular
and replace with new
modular building. Connect all
essential utilities (plumbing,
water, electric)
OPENED, WITNESSED AND RECORDED:
Total amount of bid in numbers for Schedule "A": $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). i, -2 -3
proposal.
hadhave been received and idare included in this I
The Undersigned has carefully checked all of the above figures and understands that the City wili
not be responsible for any error or omission on the part of the {Jndersigned 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 kom 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 e Revised 5/24/04 Contract No. PKS 04-0:! Page 9 of 70 Pages
second or third lowest bidder and the bid security of the lowestbidder 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 ifornia, validly licensed under
license number 98 L// 7z , classification which expires on
, and that this statement is true and correct and has the legal effect of
an affidavit.
7-3/- d+
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant ttxthe
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the
contract is awarded, the contractor shall be properly licensed. Public Contract Code § 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 coppensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
himlher 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 04 p/ (Cash, Certified Check, Bond
or 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-inshance 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 far each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(I) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number) City and State I
(4) Zip Code Telephone No.
(5) E-Mail
Revised 5/24/04 Contract No. PKS 04-02 Page 10 of 70 Pages
License Detail Page 1 of 2
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 7841 72
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 71 24.6). 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.
are disclosed.
the arbitration.
onto the Board's license data base.
Per B&P 7071.1 7, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
Extract Date: 07/13/2004
* * * Business Information * * *
DESIGN SPACE MODULAR BUILDINGS INC
10631 BANANA AVENUE
Business Phone Number: (909) 349-2800
FONTANA, CA 92337-7002
Entity: Corporation
Issue Date: 09/08/2000 Expire Date: 09/30/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
llclassll Descrbtion II
IiiG EN ERAL BUILDING CONTRACTORi]
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 69035099 in the
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 7/13/2004
License Detail Page 2 of 2
amount of $10,000 with the bonding company
WESTERN SURETY COMPANY.
Effective Date: 01/01/2004
____ Contractor's Bondina History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO)
ANTHONY WILLIAM ESERNIA certified that he/she owns 10 percent or more of the
voting stocklequity of the corporation. A bond of qualifying individual is not required.
Effective Date: 05/09/2001
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 1603295 Effective Date: 11/18/2000 Expire Date: 11/18/2004
Workers-Co.mpen.sation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
Lice n se-NumbeLRe_sue-ss Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2004 State of California. Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail. asp 7/ 1312004
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character o{ partner) (Note: Signature must be made by a general partner)
Place of Business
City and State
(Street and NGmber)
Zip Code Telephone No. +
E-Mail I
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
/A z uc44dG4 z;jc.
Impress Corporate Seal here
Incorporated under the laws of the State of A,,#+
Place of Business 223 C fit, uH & #&& */// (Street and Number)
City and State k%Ct ,u I A&, c&
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY hLL SIGNATORIES MUST BE AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list and managing partners:
I
e Revised 5/24/04 Contract No. PKS 04-02 Page 12 of 70 Pages
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
(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 ($ )I 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.)
e a@ Revised 5/24/04 Contract No. PKS 04-02 Page 13 of 70 Pages
67/08/2064 11: 23 7609444447
*.
MANCStitMtNI C;U
BIDDER'S BOND TO ACCOMPANY PROPOSAL
NEW MODULAR BUILDJNG AT THE PARKS YARD CONTRAC~N~I. PKS 04-02
KNOW AU PERSONS BY MESE PRESENTS:
SAFECO INSURANCE COMPANY DESIGN SPACE MODULAR \ That we, BUILDINGS, INC. , as Principal, and I as Surety are held and firmly bound unto the City of Carlsbad. Califmia. in an amount as follows:
(must be at least ten percent (10%) of the bid &nount) for which payment well and truly made, we bind ourselves, our heirs, execubrs 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.
TEN PERCENT
New Modular Building at the Parks Yard, Contract No, PKS 04-02
in fie City of Carisbad, is accepted by the City Council, and if the Principal shall duly enter into end
execute a Contract fncluding required bonds and insurance policies wtthin twenty (20) days from the
date of award of Contract by the City Council of fhe Clty of Carlsbad, being duly named 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 Win shall be forfeited to the said Civ. * I ... ! ...
8..
1.. .. . ...
..I ... ... -. .
I
... ...
e.. ... ..- ..- ... .. . .- ... ... ... ...
IlW*Cn;lCI.ILI 3 I "V 07/08/2004 11 : 23 768944444 I
In the event Principal executed this bond as an in&kluel,'it is agreed that the death of Principal shall not exonerate the Surety hwn its obligations under this'bond.
04 Executed by PRINCIPAL this day of *I go-.
SPACE MODULAR UILPINGS, INC.
Y
Daniel L. McGreg
Vice President, Design Space
Modular Buildings, Inc.& Asst Secty
(print name here)
[titto and organization of signatory)
ExecuW by SURRY this 8th day
of July - ,20L.
SURE^^/: SAFECO INSURANCE CBMPANY
(name of Surety)
dQma x a,d/ca&
120 VANTIS, ALISO VIEJO, CA9.2656
(address of Surety)
(telephone number of Sumty)
(949) 860-6604
TAMRA ADREDE
(printed name of Attorney-in-Fad)
{Attach corporate resolution showing Current power of attorney.)
4
(Proper notarial acknowledgment of execution by PRINCIPAL and SURE" must be attaiched.)
(President or vice-presklent and secretary or assistant secretary must sign fbr corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
semtary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
\!
Revised 5/24/04 Contract No. PKS 04-02 Page 15 of70 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
JULY 8, 2004 NOTARY before me, BERTRAM J. PRITCHARD,
Name and Tdle of Olficer (e.g.. "Jane Doe, Notary PubliWfJL 1- -- , Dale
personally appeared i,
Name(s) of Signer@)
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(d whose name&) is/-
subscribed to the within instrument and
acknowledged to me that WsheMW executed
the same in j&'her/tt& authorized
capacity(k3, and that by tl&/her/t"r
signatureb) on the instrument the person&), or
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reatfachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
Corporate Officer - Title(s):
0 Partner - I? Limited 0 General
0 Attorney-in-Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 National Notary Association .!3350 De Soto Ave , PO. Box 2402. Chatsworfh. CA 91313-2402 . www.nB11onalnota~..org Prod NO 5907 Reorder: Cali TolkFree 1-80[1-876-6627
POWER
P A E O* OFATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE; SAFECO PLAZA SEATTLE, WASHINGTON 98185
its true and lawful altorney(s)-in-faact, with full authortty to execute on its behalf fideliity and surety bonds or undertakings and other documents of a similar character
i~ssued in the wrse of its business, and to bind the respective company thereby.
IIN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
irttBted these presents
this 13th dayof February , 2002
R.A. PIERSON, SECRETARY MIKE M~GAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURRY BONDS ... the President. any Vice President, Ihe Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authonty to appoint individuals as attorneys-in-fact or under other appropriate titles with amonty to (?mate M behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in Re course of its busine ss... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not
I= necessary to the validity of any such instrumen1 or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment. execlded pursuant thereto. and
(iii) Certifying that said power-of-attorney appointment Is in full force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
I, R.A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSUkANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
tmrrect, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed he facsimile seal of said corporation
this 8TH day of JULY ,2004
&"?
Rk PIERSON, SECRETARY
-0974/SAEF 2/01 @A registered Irademark of SAFECO Corporation
04117J2002 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
On July 8, 2004 before me, BU"Y GRAALMAN, NOTARY,
personally appeared
Date Name and Title of Officer (e g , "Jane Doe, Notary Fublic") *DANIEL L . BlcGREGOR*
Name(s) of Signer(s)
Qpersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person@ whose name@ is/-
subscribed to the within instrument and
acknowledged to me that helm- executed
the same in his/Wmr authorized
capacity(ies), and that by his/W/t&&
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, jxecuted the insrymTP
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documenf and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Bid for Carlsbad Contract No PKS 04-02 Title or Type of Document:
Document Date: July 8s 2004 Number of Pages: many P Signer(s) Other Than Named Above: surety company
Capacity(ies) Claimed by Signer
Daniel L. McGregor Signer's Name:
0 Individual
Corporate Officer - Title@):
U Partner - 0 Limited 0 General
0 Attorney-in-fact
0 Trustee
I7 Guardian or Conservator
0 Other:
Vice President, Asst Secy, Treasure
Signer is Representing: I Design Space Modular Buildings, Inc.
0 1999 National Nolary Associalion. 9350 De Solo Ave , PO Box 2402 . Chalsworti- CA 91313.2402. wwwnationalnotaryorg Prod No 5907 Reorder Call Toll Free 1-800 876 6827
DESIGN SPACE MODULAR BUILDINGS, INC.
GENERAL RESOLUTION
OF
SIGN I NG AUTHORITY
UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS OF
DESIGN SPACE MODULAR BUILDINGS, INC.
(A California Corporation)
The undersigned, being all the Directors of DESIGN SPACE MODULAR
BUILDINGS, INC., a California Corporation (the “Corporation“), have called a
special meeting pursuant to authority of the California General Corporations Law
(the “GCL”), hereby consent to the adoption of the following resolutions, and direct
the Secretary of the Corporation to file this consent in the Corporation’s minute
book:
RESOLVED, that the following individuals are hereby elected as Officers of
the Corporation, to serve in the capacity set opposite their names until the next
annual meeting of the Directors or until their successors are elected and qualified in
accordance with the Bylaws of the Corporation.
President Paul J. McShane
Vice President Daniel L. McGregor
Secretary Anthony W. Esernia
Assistant
Secretary Daniel L. McGregor
Treasurer Dmiel L. McGregor
FURTHER RESOLVED, that the appropriate Officers of the Corporation are
hereby authorized and directed to take any and all actions deemed by them
necessary and appropriate to carry out the purpose and intent of all foregoing
resolutions since formation of the corporation.
This unanimous consent may be executed in several counterparts, each of
which shall be deemed to be an original, but all of which taken together shall
constitute one and the same instrument.
Dated as of January 29, 2004
Being all the DirectorwDESIGN SPACE
MODULAR BUILDINGS, INC.
Company Profile Page 1 of 2
Company Profile In
SAFECO INSURANCE COMPANY OF
AMERICA
STATE FILINGS C-2 SAFECO PLAZA
SEATTLE, WA 98 185
800-332-3226
Former Names for Company
Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953
Agent for Service of Process
DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656
Unable toLocate the Agent for Service of Process?
Reference Information
NAIC #: 24740
NAIC Group #: 0163
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: WASHINGTON
California Company ID #: 1442-3
October 07, 1953
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
http://cdinswww .insurance .c a.gov/pl s/wu~co~prof/idb~co~prof~utl. get_co_prof?p_EID=3 3.. . 7/ 13/2004
Company Profile Page 2 of 2
LIABJLITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
ComDosite Complaint Studies
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Help Me Find a Company Representative in My Area
Financial Rating Orpanizations
Last Revised - April 26,2004 02:22 PM
Copyright 0 California Department of Insurance
__ Disclaimer ~
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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”, “Project Manager”, “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 by subcontractors or otherwise to be preformed by forces other
than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Project Manager on the “Contractor’s Proposal” are not included in
computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor 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
($1 0,000) 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.
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.
e* \# Revised 5/24/04 Contract No. PKS 04-02 Page 16 of 70 Pages
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.
4- \# Revised 5/24/04 Contract No. PKS 04-02 Page 17 of 70 Pages
DESIGNATION OF SUBCONTWCTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
NEW MODULAR BUILDING AT THE PARKS YARD
CONTRACT NO. PKS 84-02
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 ($lO,OOO), 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
It I
Amount of Work by
Subcontractor in Dollars*
Subcontractor's License N 0. *
Page 1 of I pages of this Subcohtractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the hiformation 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."
\r
t3 Revised 5/24/04 Contract No. PKS 04-0;! Page 18 of 70 Pages
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
NEW MODULAR BUILDING AT THE PARKS YARD
CONTRACT NO. PKS 04-02
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
,
-* b Revised 5/24/04 Contract No. PKS 04-02 Page 19 of 70 Pages
Kushner I Smith a Toanou I Gregson
C E R T I F I E D P Ll B L I C A C C 0 U N TA N T S
INDEPENDENT AUDITOR’S REPORT
The Stockholders
Design Space Modular Buildings, Inc. and Subsidiary
We have audited the accompanying consolidated balance sheet of Design Space Modular
Buildings, Inc. and Subsidiary as of December 31, 2003, and the related consolidated statements
of income, stockholders’ equity, and cash flows for the year then ended. These consolidated
financial statements are the responsibility of the Company’s management. Our responsibility is
to express an opinion on these consolidated financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the consolidated financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the consolidated financial statements. An audit also includes assessing the
accounting principles used and significant estimates made by management, as well as evaluating
the overall consolidated financial statement presentation. We believe that our audit provides a
reasonable basis for our opinion.
In our opinion, the consolidated financial statements referred to above present fairly, in all
material respects, the financial position of Design Space Modular Buildings, Inc. and Subsidiary
as of December 31, 2003, and the results of its operations and its cash flows for the year then
ended in conformity with accounting principles generally accepted in the United States of
America.
Our audit was made for the purpose of forming an opinion on the basic consolidated financial
statements taken as a whole. The supplementary information included in Schedules 1 through 4
are presented for purposes of additional analysis and are not a required part of the basic
consolidated financial statements. Such information has been subjected to the auditing
procedures applied in the audit of the basic consolidated financial statements and, in our opinion,
is fairly stated in all material respects in relation to the basic consolidated financial statements
taken as a whole.
April 20,2004
Kushner, Smith, Joanou & Gregson, LLP
8105 Irvine Center Drive Suite 1000 Irvine California 92618 949-261-2808 Fax 949-261-0188
ww w. ks j gc p a. c o m
2
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Consolidated Balance Sheet
December 3 1,2003
ASSETS
Current assets
Cash
Accounts receivable (less allowance for doubtful accounts
of $35,791)
Cost and estimated earnings in excess of billings on
uncompleted contracts (Note 2)
Related party receivables (Note 3)
Note receivable - related party (Note 3)
Prepaid expenses
Bid deposits
Total current assets
Property and equipment (Notes 4 and 5)
Less accumulated depreciation and amortization
Net property and equipment
Other assets
Deposits
Other assets
$ 754,723
1,155,085
582,301
81,048
137,968
58,183
10,787
2,780,095
17,342,969
(1,293,110)
16,049,859
4,643
165,206
169.849
$ 18,999,803
(Consolidated balance sheet continued on the following page)
3
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Consolidated Balance Sheet
(Con tinued)
December 31,2003
LIABILITIES AND STOCKHOLDERS’ EQUITY
Current liabilities
Note payable to bank (Note 5)
Accounts payable
Accrued liabilities (Note 6)
Deferred income
Billings in excess of costs and estimated earning on
uncompleted contracts (Note 2)
Customer deposits
Related party payable (Note 3)
Income taxes payable
Current portion of long-term debt (Note 5)
Total current liabilities
Long-term liabilities
Total liabilities
Long-term debt (Note 5)
Minority interest
Stockholders’ equity
Common stock, no par value, 00,000 authorrder
Retained earnings
shares issued and outstanding
Total stockholders’ equity
$ 382,467
585,032
724,738
299,035
167,646
95,045
171,482
800
3,376,179
949,934
9,301,757
12,677,936
4,019,972
5 1,197,429
1,104,466
2,301,895
$ 18,999,803
(See accompanying notes to consolidated financial statements)
4
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Consolidated Statement of Income
Year Ended December 31,2003
Revenues
Construction revenue
Trailer sales
Lease revenue
Set up, delivery and takedown
Other income
Total revenues
Direct operating expenses
Gross profit
General and administrative expenses
Operating income
Other income (expense)
Interest income
Other income
Interest (expense)
Total other income (expense)
Income before income taxes
Provision for income taxes
Net income before minority interest
Minority interest
Net income
$ 9,238,962
1,764,918
3,177,166
2,387,752
123,824
16,692,622
12,244,386
4,448,236
3,432,325
1,015,911
79,591
30,000
(604,15 8 )
(494,567)
521,344
11,719
509,625
311,914
$ 821,539
(See accompanying notes to consolidated financial statements)
10
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rl N 00
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M a,
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6
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Consolidated Statement of Cash Flows Year Ended December 31,2003
Cash flows from operating activities
Cash received from customers
Cash paid to suppliers and employees
Other income
Interest income received
Interest expense paid
Income taxes paid
Minority interest
Net cash provided from operating activities
Cash flows from investing activities
Acquisition of property and equipment
Proceeds from sale of property and equipment
Net cash (applied) from investing activities
Cash flows from financing activities
Borrowings from note payable to bank
Principal repayment of long-term debt
Distributions to partners
Net cash (applied) from financing activities
Net decrease in cash
Cash at beginning of year
Cash at end of year
$ 17,225,093
30,000
79,590
(604,158 )
(1 1,866,897)
(10,119)
311,914
5,165,423
(5,98 1,803 )
1,179,756
(4,802,047)
382,467
(968,900 )
(252,673)
(839,106)
(475,730)
1,230,453
$ 754,723
(Consolidated statement of cash flows continued on the following page)
7
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Consolidated Statement of Cash Flows
(Continued)
Year Ended December 31,2003
RECONCILIATION OF NET INCOME TO NET CASH
PROVIDED FROM OPERATING ACTIVITIES
Net income $ 821,539
Adjustments to reconcile net income to net cash
provided from operating activities
Depreciation
Undistributed earnings of investor
Change in assets and liabilities
(Increase) decrease in:
Accounts receivable - net
Cost and estimated earnings in excess of billings on
uncompleted con tracts
Related party receivable
Prepaid expenses
Other current assets
Deposits
Other assets
Increase (decrease) in:
Accounts payable
Accrued liabilities
Deferred income
Billings in excess of costs and estimated earning on
Customer deposits
Related party payable
Income taxes payable
uncompleted contracts
Net cash provided from operating activities
1,279,986
311,914
2,413,439
220,554
485,985
4,492,745
217,711
122,538
(154,715) (4,643)
(111,422)
71,923
299,035
(873,658)
95,045
(2,109,914)
800
2,75 1,984
$ 5,165,423
Supplemental schedule of non-cash activities:
The Partners reduced their related party receivables through a distribution from their capital
account. This resulted in a non-cash distribution as of December 31,2003 of $105,194.
(See accompanying notes to consolidated financial statements)
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
8
Notes to Financial Statements
Year Ended December 31,2003
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Nature of Business - The Company is engaged in the construction, sale and rental of modular
buildings and commercial office trailers throughout California and the Pacific Northwest.
Principles of Consolidation - The accompanying consolidated financial statements include the
financial statements of the Company, its wholly-owned subsidiaries, and the Partnerships in
which it has a controlling financial interest. All significant intercompany balances and
transactions have been eliminated in the consolidation.
Minority Interest - Minority interest in the consolidated statement of income represents the
minority partners’ share of the income or loss of the consolidated Partnerships. The minority
interest in the consolidated balance sheet reflects the original investment by these minority
partners in the consolidated Partnership, along with their proportional share of the earnings or
losses of the Partnership.
Concentrations of Credit Risks - The Company sells its products to customers throughout
California. At any time throughout the year, the Company can have significant customer
concentrations both in sales and accounts receivable. The Company does a substantial amount of
business with the State of California. The Company performs ongoing credit evaluations on its
customers and generally does not require collateral. The Company maintains reserves for
potential credit losses and such losses have been within management’s expectations.
The Company maintains cash deposits with a major bank, which are FDIC insured up to
$100,000.
Accounts Receivable - Current earnings are charged with an allowance for doubtful accounts
based upon experience and any unusual circumstances that may affect the ability of its customers
to meet their obligations. Accounts receivable are reflected in the consolidated balance sheet net
of such accumulated allowances. Accounts deemed uncollectible have been charged against the
allowance.
Revenue Recognition - Revenue from construction contracts is recognized on the percentage of
completion method. Progress toward completion is measured on the basis of costs incurred to
total contract cost (cost to cost) since, in the opinion of management, this basis of measurement
is most appropriate in the circumstances.
(Note 1 continued on the following page)
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
9
Notes to Financial Statements
(Continued)
Year Ended December 31,2003
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Contract cost included all direct material and labor costs and those indirect costs related to
contract performance. Selling, general, and administrative costs are charged to expense as
incurred.
The asset, “Costs and estimated earnings in excess of billings on uncompleted contracts,”
represents revenues recognized in excess of amounts billed. The liability, “Billings in excess of
costs and estimated earnings on uncompleted contracts,” represents billings in excess of revenues
recognized.
Revenue from the rental and sale of mobile and modular trailers equipment is recognized as
monthly rents are earned and as units are sold.
Property and Equipment - Property and equipment are stated at cost. Depreciation and
amortization expenses are calculated on a straight-line method. The depreciation and
amortization methods are designed to amortize the cost of the assets over their estimated useful
lives ranging from 3-40 years.
Leasehold improvements are amortized over the shorter of the term of the lease or the life of the
improvement.
Maintenance and repairs are charged to expense as incurred. Renewals and improvements of a
major nature are capitalized. At the time of retirement or other disposition of property and
equipment, the cost and accumulated depreciation are removed from the accounts and any
resulting gains or losses are reflected in income.
Income Taxes - The parent company has elected “S” Corporation status under the Internal
Revenue Code. The company has also elected to be treated as an “S” Corporation for California
income tax purposes. As an “S” corporation, the stockholders include their share of the
Company’s applicable taxable income on their Federal and state income tax returns. The
Company is also subject to a minimum tax on state taxable income of the greater of $800 or 1.5
percent of state taxable income.
(Note 1 continued on the following page)
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
10
Notes to Financial Statements
(Continued)
Year Ended December 31,2003
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
Income Taxes (Continued) - The Subsidiaries were formed as a Limited Partnership for Federal
and state income tax purposes. Under this provision, the Subsidiary does not pay Federal income
taxes and operating income and losses are passed through to the partners. State income taxes are
provided for based upon a flat tax of $800.
Use of Estimates - The preparation of consolidated financial statements in conformity with
generally accepted accounting principles requires management to make estimates and
assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent
assets and liabilities at the date of the consolidated financial statements and the reported amounts
of revenues and expenses during the reporting period. Actual results could differ from those
estimates.
NOTE 2 - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS
Costs and estimated earnings on uncompleted contracts at December 31, 2003 consist of the
following:
Costs incurred on uncompleted contracts
Estimated earnings
Less billings to date
Included in the accompanying balance sheets under the following captions:
Costs and estimated earnings in excess of billings
on uncompleted contracts (asset)
Billings in excess of costs and estimated earnings
on uncompleted contracts (liability)
$ 2,189,512
274,412
2,463,924
(2,049,269)
$ 414.655
$ 582,301
(167,646)
!$ 414.655
11
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Notes to Financial Statements
(Con tinued)
Year Ended December 31,2003
NOTE 3 - RELATED PARTY TRANSACTIONS
The Partnership has related party receivables and payables. These related party transactions are
all affiliated with the Partnership through common ownership. Advances to and from related
parties at December 31,2003 were $81,048 and $171,482, respectively.
Notes receivable - related party at December 31,2003 consists of the following:
Note receivable from 10631 Banana Avenue, LLC, interest rate at 12%,
4.0% subsequent to December 31, 2002, payable in $1,500 monthly
installments, including interest, until paid $ 137,968
NOTE 4 - PROPERTY AND EQUIPMENT
Property and equipment at December 31,2003 consists of the following:
Land
Building
Mobile and modular trailers
Piers, pad and steps
Office equipment
Vehicles
Tools and equipment
Leasehold improvements
Less accumulated depreciation and amortization
$ 79,000
228,305
16,430,197
241,918
165,715
112,276
84,309
1,249
17,342,969
(1,293,110)
$ 16,049,859
Total depreciation expense for the year ended December 31,2003 was $1,279,986.
12
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Notes to Financial Statements
(Continued)
Year Ended December 31,2003
NOTE 5 - NOTE PAYABLE TO BN
The Partnership maintains a short-term revolving line of credit with a bank to assure credit
availability. The revolving line of credit is secured by the Partnership’s accounts receivable and
permits indebtedness up to $2,000,000. Total amount outstanding at December 31, 2003 was
$382,467.
The revolving line of credit matures on July 31, 2004. Interest accrues beginning at the date of
advance at a 30-day commercial paper rate plus 2.8% (the 30-day commercial paper rate was
1.0% at December 31,2003).
The Partnership entered into a promissory note payable for the acquisition of assets. Outstanding
balance of the note at December 31, 2003 is $10,240,714 and bears interest at the United States
Treasury Swap Rate, plus a spread that is increasing from 2.8% to 7.0% over the term of the loan. Monthly principal and interest payments commenced on February 1, 2003, through maturity on January 1,2013. This loan is secured by the equipment and operating leases and the general partner. The actual interest rate charged at December 31,2003 was 4.31%.
The Partnership has a 4.9% note payable to bank, secured by a truck. The note requires monthly
payments of $521 and matures on October 2005. The outstanding balance on this note at
December 31, 2003 was $10,977, of which $5,867 is currently due.
The annual aggregate maturities of the note payable are as follows:
Years ending December 3 1 :
2004
2005
2006
2007
2008
Thereafter
$ 949,935
974,358
1,002,763
1,031,587
1,077,592
5.2 15 -45 6
$ 10,251,691
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Notes to Financial Statements
(Continued)
Year Ended December 31,2003
NOTE 6 - ACCRUED LIABILITIES
Accrued liabilities at December 31,2003 are summarized as follows:
Warranty
Sales commission
Sales tax
Bonuses
13
$ 424,147
58,826
170,891
70.874
Total accrued liabilities $ 724,738
NOTE 7 - COMMITMENTS
Leases - The Partnership leases their facilities in Fontana, California, under a non-cancelable
lease agreement from a related party by virtue of common ownership. The lease agreement,
dated January 1,2000, expires on December 31,2004, and provides for monthly rents of $6,300.
Under the terms of the lease, the Partnership is required to pay property taxes and common area
charges.
The Partnership also leases office space in Vacaville, California, under a non-cancelable lease
agreement for $1,698 a month. The lease agreement commenced on July 1,2003, and expires on
June 30,2004, with the option to extend the term of the lease for an additional 12-month period.
The Partnership leases certain office equipment under noncancellable lease agreements. The
lease agreements expires on dates ranging from July 2007 to March 2008, provide for total
monthly rents ranging from $48 to $159.
The Partnership leases facilities in Idaho, Oregon, and Washington under three lease agreements.
The lease agreements, all dated December 31,2002, and expiring on December 31,2012, provide
for total monthly rents of $10,689. Under the terms of the leases, the Partnership is required to
pay insurance, property taxes, repairs, maintenance, and utility charges. The Partnership may
cancel any of these agreements after January 1,2005, with proper written notice. In addition, the
Partnership leases copier machines under three lease agreements. The lease agreements, all dated
March 1,2003, and expiring on March 1,2008, provide for total monthly rents of $297.
Total rent expense under these agreements for the year ended December 31,2003 was $260,000.
(Note 7 continued on the following page)
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
14
Notes to Financial Statements
(Continued)
Year Ended December 31,2003
NOTE 7 - COMMITMENTS (Continued)
The expected future minimum lease payments over the term of the aforementioned lease are as
follows:
Years ending December 31:
2004
2005
2006
2007
2008
$ 226,425
142,698
146,298
148,564
607.363
$ 1,271,348
Guarantee - Design Space Modular Buildings, L.P., a subsidiary, has guaranteed the debt of an
affiliate with common ownership totaling approximately $350,000 at December 31, 2003.
Significant losses are not anticipated and would be charged to earnings when realized.
NOTE 8 - LITIGATION
The Company is, from time to time, involved in lawsuits arising in the ordinary course of its
business that, in the opinion of management, will not have a material effect on the Company’s
results of operations.
Schedule 1 15
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Consolidated Schedule of Direct Operating Expenses
Year Ended December 31,2003
Direct Operating Expense
Cost of sales
Commissions
Depreciation
Discounts earned
Setup expense
Return and take down expenses
Repairs
Material
Relocation expense
Warranty expense
Plans and permits
Subcontractors
Yard
Total direct operating expense
$ 9,008,447
171,282
1 , 162,335
(106,451)
1,144,095
41,737
426,661
107,8743
203,413
3,068
16,369
10,810
54,747
$ 12,244,386
Schedule 2 16
DESIGN SPACE MODULAR BUILDINGS, INC. AND SUBSIDIARY
Consolidated Schedule of General and Administrative Expenses
Year Ended December 31,2003
General and Administrative Expense
Accounting
Advertising
Auto and truck
Bank charges
Business meetings
Business promotions
Computer supplies
Depreciation
Dues and subscriptions
Fuel
Insurance
General
Health
Life
Workers compensation
Legal License
Office expense
Outside services
Payroll taxes
Property tax
Postage
Rent
Repairs and maintenance
Salaries
Shipping expense
Telephone
Travel
Utilities
Total General and Administrative Expense
$ 174,147
24,724
5,260
12,795
13,768
53,099
117,65 1
20,284
89,603
196,583
155,4 19
6,738
38,461
30,338
31,602
77,355
55,288
166,556
63,396
30,786
250,008
44,305
1,417,527
590
94,600
28,158
31,164
202,120
$ 3,432,325
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BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
The Bidder is required to state what work of a similar character to that included in the proposed
Contract helshe has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Name and Address
of the Employer 11 CDct I
ir I I
Type of Work
Amount of I
Contract GI
2m, boc)
-!
4
e Revised 5/24/04 Contract No. PKS 04-02 Page 20 of 70 Pages
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL Li AB ILITY, EMPLOYERS' Ll AB1 LlTY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
-.
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
I) 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
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.
to meet the specification of this contract must: t
em t# Revised 5/24/04 Contract No. PKS 04-02 Page 21 of 70 Pages
op cs ACORD, CERTIFICATE OF LIABILITY INSURANCE DPSTC-A
OATE(MM/OO/YYYY)
i n/35/n~
PRODUCER
G. S. Levine Insurance
Services, Inc .
3377 Carmel Mountain Road
San Dieqo CA 92121
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.
I
INSURERA Safeco Ins. Co. of America
INSURERE State Comp Insurance Fund
INSURER C North American Capacity Inn.
INSURER D
24740
I 1 AUTOONLY-EAACCIDENT I $
UUYL
YSRD TYPE OF INSURANCE
C
._
PREMISES (Ea occurence)
ME@ EXP (Any one persor)
PERSONAL ~ACV INJURY
GCI"CR* ACICIRCCIATC
PRODUCTS-CCMPMJPAGG
COMDIlYCD SINGLC UMlT (Ea accident)
I 50,000
$ 5,000
5 1,000,000
3 2,000,000
'I 2 ,000,000
P 1,000,000
EAACC OTHER TWN 5
AGG WTO ONLY S
AGGREGATE $
11/18/04
$
WC STAT& OTK x /iORYUMiTS I I ER
I1000000 EL EACHACCIOENT
EL DISEASE-EAEMPLOYEE B ~000000
I Phone: 858-481-8692 Fax: 858-481-7953 1 INSURERS AFFORDING COVERAGE I NAlC# I lNSUREO
Desiqn Space Modular Buildings Inc . 2235 Fcinitas Blvd Suite 111 Encinitas CA 92024
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
IWF LIMITS 'OUCY EFFECTIVE DATE (MMIDDNY)
03/02/04
OLlCY EXPIRATION DATE (MMIOO/YY)
03/02/05
POUCY NUMBER
PNGOOOO22602
CLAIMSMADE OCCUR
H
GEN'LAGGREGATE LIMITAPPUES PER
LOC PRO POLICY JECT
10/10/03 10/10/04
AUTOMOBILE LIABILITY
ALL OWNEDAUTOS
SCHEDULE0 AUTOS
hlREC AUTOS
*ON-OWNED AUTOS
01CG25143020
BODILY INJURY
(Per perion)
BODILY INJUKY (Per accident)
I PROPERTY DAMAGE
(Psr ossldsnt)
kCE WBlUTV ti AhYWTc
EXCESSIUMBRELIA LWBIUTY 3 OCCUR 0 CWMSMADE
I EACHOCCURRENCE 1s I
s
s CEDUCTIEKE R RETENTION .-
B
WORKERS COMPENSATION ND
SMPLQVSRW LIMILITV
ANY PROPRlETORlPARTNERlEXECUTNE
OFFICEWMEMEER EXCLUDED7
16 0 32 950 3 11/18/03
If yes. describe un3er SPECWL PROVISIONS helm
OTHFR
I I I
.- DES
Re: Job#1149
City of Carlsbad, its officials, employees and volunteers are named
additional insured per the attached CG2010 11 85 Endorsement.
*10 ddy iiuLiue UT ucliiuellclliuii clyylies Lur uu1i-yclyfiieuL uT yrefiuuu. XPWS
IPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS mOED BY ENDORSEMENT1 SPECIAL PF SIONS
CERTIFICATE HOLDER CANCELLATION
CITYC07 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEUED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPODC NO ODUOAT'ION OR LIADILTTY OF AUV KINO UPON THE IUPURER. ITS ACEUTP OR
REPRESENTATIVES.
30* DAYSWR~N ~ City of Carlsbad Attn: Purchasing Dept. 1635 Faraday Avenue
Carlsbad CA 92008-7314
I @ ACORD CORPORATION 1988 ACORD 25 (2001/08)
COMMERCIAL CENERAL LIABILITY
Design Space Modular
PGN000022603
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This cndorscment modifies insurancc provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Carlsbad, its ofiicials, employees and volunteers.
Re: Job# 1149
Any person or organization to which you are obligated by virtue of a written contract to provide insurance
such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written
contract has been executed and (2) occurrences resulting from work performed by you during the policy
period.
(If no entry appears above, information required to complete this endorsement will be shown in the
Dcclarations as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Cuvct rigc puvidcd by tltis puliby tu tlic Additiuttd Iiisutcd(s) sliuwit iii tlic S~licdulc slid1 tc piiriiaiy
insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-
contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured by written contract.
CG 20 1011 85 Copyright, Insurancc Scrviccs Officc, Inc., 1384
POLICY NUMBER: l’CN000022603
COMMERCIAL GENERAL LIABILITY
CG 21 0.1 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REM IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
Name of Person or Organization:
City of Carlsbad, its otticials, employees and volunteers.
Re: Job# 1149
(If no entry appears above, information required to complete this endorsement will be shown in the
declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Selection IV- COMMERCIAL GENERAL LIABILTY CONDITIONS) is amended by the addition of
the following:
We waive the right of recovery we may have against the person or organization shown in the Schedule
above because of payments we make for injury or damage arising out of your ongoing operations or
“your work” done under a contract with that person or organization and will included in the “products-
completed operations hazard”. This waiver applies only to the person or organization shown in the
Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992
BfDDER'S STATEMENT RE.-DEBARMENT
(To Accompany Proposql)
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California? -
Yes
2) If yes, what wadwere the name(s) of the agency(ies) and what waslwere the period(s) of debarment@)? Attach additional copies of this page to accommodate more than two debar-
men ts .
party debarred party debarred
agency agency
period of debarment period of debarment
-I
BY CONTRACTOR:
\ (sign here) /
\
Page ,) of ,/ pages of this Re Debarment form
\I
a Revised 5/24/04 Contract No. PKS 04-02 Page 22 of 70 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
NEW MODULAR BUILDING AT THE PARKS YARD
CONTRACT NO. PKS 04-02
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 fited 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.
I) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
Yes I
2) Has the suspension or revocation of your contractors license ever been stayed?
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?
V
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?
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.
t
(If needed attach additional sheets to provide full disclosure.)
Page / of d pages of this,Dipclosure of Discipline form
a Revised 5/24/04 Contract No. PKS 04-02 Page 23 of 70 Pages
BIDDER'S DISCLOSURE OF DtSCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
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.)
Page 2 of %ages of tTs Pisclosure of Discipline form
Revised 5/24/04 Contract No. PKS 04-02 Page 24 of 70 Pages
I
t
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
BY BIDDER AND SU8MKJED WITH BID
State of Cafifomiq 1
, being first duly sworn, deposes C
(Name yf Biddkr)- I
I 9fl k-
and says that he or she is
(Title)
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 contraut of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the biddef- 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 depositcvy, or to any member or agent thereof
to effectuate a collusive or sham bid.
under penalty of perjury that the foregoing is true and correct affidavit was g%- day of ,\ Lq
me on the
a Revised 5/24/04 Contract No. PKS 04-01! Page 25 of 70 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this ?a day of &A 7 20& by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and DESIGN SPACE MODULAR BUILDINGS whose principal place of business
ic: 10631 BANANA AVtNUE , FONTANA, CA 92337-7002 .-
(he rei nafte r ca I led "Contractor" ) .
City and Contractor agree as follows:
I.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
NEW MODULAR BUILDING AT THE PARKS YARD, CONTRACT NO. PKS 04-02
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
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 1998 and 1999 supplements thereto,
hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Project Manager 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
4-w sp Revised 5/24/04 Contract No. PKS 04-02 Page 26 of 70 Pages
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.
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 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill 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 Project Manager, 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,
4- ts Revised 5/24/04 Contract No. PKS 04-02 Page 27 of 70 Pages
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.
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.
IO. nsurance. Contractor shall procure and maintain for the duration of the contract insurance LJ ainst 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
e= tS Revised 5/24/04 Contract No. PKS 04-02 Page 28 of 70 Pages
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
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 andlor 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) in the Contractor's bid.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
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 201 04.2(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.
4- %# Revised 5/24/04 Contract No. PKS 04-02 Page 29 of 70 Pages
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to 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 subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
Countv, California. -.
I have read and understand all provisions of Section 11 above. init
12. Maintenance of Records. Contractor shall maintain and m d e 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 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
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. - kp Revised 5/24/04 Contract No. PKS 04-02 Page 30 of 70 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:
/i,; p,4 &4,c /4&& k. / (nhe of Contractor)
/(sign he re) ATTEST:
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 Attorndy
43 Revised 5/24/04 Contract No. PKS 04-02 Page 31 of 70 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~~~~~~~~~~-~~~~-~~-~-~~-~~~~~~~~~~~ p. p
I$
$
} ss.
4 State of California $i SAN DIEGO p County of
$ November 16, 2004 BUNNY GRAALMAN, NOTARY On before me,
$$ ***PAUL J. McSHANE*** $ personally appeared
Dale Name and Title of ORicer (e g , "Jane Doe Notary Public'.)
Narnels) 01 Signer(s)
r3personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(*) whose name@) is/-
subscribed to the within instrument and
acknowledged to me that he/*/* executed
the same in his/las/th&r authorized
capacity(-), and that by his/b/tCu
signature@ on the instrument the person(*, or
the entity upon behalf of which the person(*
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
City of Carlsbad Contract No. PKS04-02 Title or Type of Document:
Number of Pages: 7O+
Daniel L. McGregor, City of Carlsbad Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Paul J. McShane Signer's Name:
0 Individual
24 Corporate Officer - Title(s):
1.J Partner - 11 Limited L1 General
I. Attorney-in-Fact C Trustee
L Guardian or Conservator
L Other:
signer lS R~~~~~~~~~~~: Design Space Modular Buildings, Inc.
President
'c 1999 National Nolary Association. 9350 De Solo Ave PO Box 2402. Chalsworih, CA91313-2402. www nationalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6821
State of California 'I
SAN DIEGO County of 1 ss.
November 16, 2004 BUNNY GRAALMAN, NOTARY On before me,
Date Name and Title of Oflicer (e 0 Jane Doe Notary Public ) **DANIEL L. McGREGOR** personally appeared
Narnels) 01 Signer(s)
& personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(# whose name0 is/-
subscribed to the within instrument and
acknowledged to me that he/*/lkey executed
the same in his/keF/tlsn authorized
capacity(&), and that by his/-/*
signatureo on the instrument the person(@, or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: City of Carlsbad Contract No. PKS04-02
Document Date: September 21 9 2004 Number of Pages: 70+
Signer(s) Other Than Named Above: Paul J. McShane, City of Carlsbad
Capacity(ies) Claimed by Signer
Daniel L. McGregor Signer's Name:
U Individual I Top of thumb here I
@ Corporate Officer - Title(s): Asst. Secretary, Vice President
U Partner - U Limited Li General
L Attorney-in-Fact
U Trustee
0 Guardian or Conservator
Li Other:
signer lS R~~~~~~~~~~~: Design Space Modular Buildings, Inc.
CI 1999 National Notary Associal,on ' 9350 De Soto Ave , P 0 Box 2402 . Chatsworth CA 91313-2402 . www nationalnotary org Prod No. 5907 Reorder Call Toll-Free 1-800-876-6827
BOND #6.263834
LABOR AND MATERIALS BOND
WHEREAS, the Citv Council of the Citv of Carlsbad, State of California, bv Resolution No.
2004-299 - , adopted SEPTkMBER 21,2004 , has awarded to DESIGN SPACE MODULAR BUILDINGS
(hereinafter designated as the "Principal"), a Contract for: NEW MODULAR BUILDING AT THE
PARKS YARD, CONTRACT NO. PKS 04-02
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, DESIGN SPACE MODULAR BUILDINGS I
as Principal, (hereinafter designated as the "Contractor"), and SAFECO INSURANCE
COMPANY as Surety, are held firmly bound unto the City of
Carlsbad in the sum of
ONE HUNDRED SEVEN THOUSAND, FOUR HUNDRED SEVEN
Dollars ($107,407.00 )I 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 hidher 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.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
Revised 5/24/04 Contract No. PKS 04-02 Page 32 of 70 Pages
IBOND #6263834
-
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 2 6TH Executed by SURETY this 26T H day
day of OCTOBER ,202. of OCTOBER ,2004.
CONTRACTOR:
DESIGN SPACE MODULAR
RlJTT,l3TNGS - TNC
(name of Contr&or) P
,/ (sign here)
(print name here) n
By:
h
(print name here)U
SURETY:
SAFECO INSURANCE COMPANY
(name of Surety)
120 VANTIS
ALISO VIEJO. CA 92656
(address of Surety)
(949) 860-661 2
(telephone number of Surety)
By: I J(1 12tl fi (-4 ,~l~L~~~Lc/
(signatu re of Attorney-in- Fact)
TAMRA ANDREDE
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
AC3Sk &
(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
Citv Attornev
By:
e \# Revised 5/24/04 Contract No. PKS 04-02 Page 33 of 70 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO
November 16, 2004 BUNNY GRAALMAN, NOTARY On before me,
personally appeared
Date Name and Title of Onicer (e g , Jane Doe, Notary Public') ***PAUL J. McSHANE***
Name($ of Signer(s)
spersonally known to me
U proved to me on the basis of satisfactory
evidence
to be the person(* whose name@) is/-
subscribed to the within instrument and
acknowledged to me that he/d&tw executed
the same in his/ba/W authorized
capacityw), and that by hisCBaltCu
signature@ on the instrument the person(*, or
the entity upon behalf of which the person(*
acted, e cuted the instru F F
WITNdS my hand abofficial seal.
OPTIONAL
Though the information below is not required by Jaw, it ray prove valuable tc persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
City of Carlsbad Contract No. PKS04-02 Title or Type of Document:
Document Date: September 21 Y 2004 Number of Pages: 7O+
Signer(s) Other Than Named Above: Daniel L. McGregor, City of Carlsbad
$$ Capacity(ies) Claimed by Signer
Paul J. McShane Signer's Name:
0 Individual W Corporate Officer - Title(s):
U Partner - 0 Limited U General
13 Attorney-in-Fact
Ll Trustee
U Guardian or Conservator
CJ Other:
signer is Representing: Design Space Modular Buildings, Inc.
President
c, 1499 National NotaryAssoc,ation. 9350 De Soto Ave , PO 60x 2402. Chalswonh. CA 91313-2402. wwyl nationalnolaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
SAN DIEGO
November 16, 2004 BUNNY GRAALMAN, NOTARY before me,
**DANIEL L. McGREGOR** Date Name and Title of Onicer (e g , *Jane Doe. Notary Public')
personally appeared
Name(s) of Signer(s)
personally known to me
U proved to me on the basis of satisfactory
evidence
to be the person(@ whose name@) is/-
subscribed to the within instrument and
acknowledged to me that he/sb/tlaq executed
the same in his/keF/tW authorized
capacity(-), and that by his/-/-
signature@) on the instrument the person(@, or
Though the informalion below is not required by law. it may prow valuable to persons relying on the documenf and cou/d,orevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
City of Carlsbad Contract No. PKS04-02 Title or Type of Document:
Document Date: September 21 Y 2004 Number of Pages: 70+
Signer@) Other Than Named Above: Paul J. McShane, City of Carlsbad
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
W Partner - 0 Limited E General
0 Attorney-in-Fact
cl Trustee
ti Guardian or Conservator
U Other:
signer is ~~~~~~~~~i~~: Design Space Modular Buildings, Inc .
Daniel L. McGregor
Corporate Officer - Title(s): Asst. Secretary, Vice President
I 1939 National Notary Assoclatlan ' 9350 De Soto Awe PO Box 2402 . Chalsworth CA 91313~2402. www natlonalnolaryorg Prod No 5907 Reorder Call Toll~Free 1-800-876-6827
SAFECO" r
BOND #6263834
"NOW ALL BY THESE PRESENTS:
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON gala5
No 12724
iw; true and IawTul attorneyis)-in-fact with full aurhort) to execme on its behalf fidelrty and surety bonds or unaenakings and other documents of a similar chawclar
issued in lhe murse of ins business and to bind the respective company thereby
IF1 WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed ana
aitested these presents
this 13th dayot Fcbmq 2uo2
R.A. PIERSON, SECRETARY MIKE M~GAVICK, PRESIDENT -
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"/vticls V, Section 13 - FIDELITY AND SURETY BONDS ., the President, any Vice President. the Secretary, aid any Assistant Vice President appoint4 ior that
pidrpse by the officer in charge of surety operattons, shall each have authonty to appoint individuals as attorneys-in-fact or under other appropriate btles with authority (a
e.rtecute on behalf of the company fidelity and surety bonds and other documents of similar Charactel issued by the company In the course of its business.. On any
in,strument rnahng or evidencing such appointment, the signatures may be affixed by facsimrle. On any instrument confernng such authonty or on any bond or
uindertahng of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other nianner reproduced, provided, however, that the seal shall not
k necessary to the validity of any such instrument or undertaking "
Exlract from a Resolution of he bad of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
n any certificate executed by the Secretary or an assistanl secretary of the Company setting aut.
(i) The provisions of Arkle V, Section 13 of the By-Laws, and
(ii) A copy of the poweraf-attorney appointment, executed pursuant thereto, and
(iii) Certrfying mat said powermf-attorney appointment is in full force and effect,
Vie signalure of Vle cetriying ohicer may be by facsimiie, and the seat of the Company may tx a facsrmile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certfy that the
foregoing eXtracls of the By-Laws and of a ResoluCon of lhe Board of Directors of lhese corporations, and of a Power of AHorney issued pursuant thereto, are true arid
umect, and that both the by-Laws, the Resoiutron and the Power of Attorney are still in full force am eifect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the tacsimtle seal of said corporalJon
this 26TH dayof OCTOBER I 2004
&"-
R.k PLERSON, SECRETARY
OY746AEF 2!01 '8 A registered lrademark oi SAFECO Corporation
01/12/200,7 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
} ss.
OnOCTOBER 26, 2004 before me, BERTRAM J . PRITCHARD, NOTARY -_
Name and Tille of Officer (e.g.. "Jane Doe, Notary Pubti# Date
f personally appeared TAMRA ,J- ANDREBE
Name@) of Signer(s)
@ personally known to me
proved to me on the basis of satisfactory
evidsnce
to be the person(3 whose name@) is/*
subscribed to the within instrument and
acknowledged to me that &/she/tX@ executed
the same in Mdher/t&R authorized
capacity(&g, and that by b@/her/tXHr
signature&) on the instrument the persons), or
the entity upon behalf of which the persono
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Trustee
Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 Nalional Notary Association . 9350 De Soto Ave , PO Box 2402. Chatsworth, CA 91313-2402 . www nationalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
BOND #6263834
FAITHFUL PERFORMANCENARRANTY BOND
WHEREAS, the Citv Council of the Citv of Carlsbad. State of California, bv Resolution
designated as the "Principal"), a Contract for: NEW MC
CONTRACT NO. PKS 04-02
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, DESIGN SPACE MODULAR BUILDINGS , as Principal,
(hereinafter desianated as the "Contractof'h and
' SAFECO INSURANCE EOMPANY
, as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of ONE HUNDRED SEVEN THOUSAND, FOUR HUNDRED SEVEN
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to
be made, 'we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly
and severally, firmly by these presents.
Dollars ($ 107,407.00 )I
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.
43 Revised 5/24/04 Contract No. PKS 04-02 Page 34 of 70 Pages
BOND #6263834
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 2 6TH
04 ,20 *
Executed by SURETY this 26TH
0 C T 0 BE R
day of
,20 04 day of OCTOBER
CONTRACTOR: SURETY: DESIGN SPACE MODULAR
BUILDINGS, INC. SAFECO INSURANCE COMPANY
(name of Contractor) (name of Surety)
120 VANTIS
ALISO VIEJO, CA 92656
(address of Surety) /dJ-flyiic (949) 860-6604
(print name here) (telephone number of Surety)
/A 9& By: d& /)LlL1 ($12 dL LC,! kc
(Title and Organization of Signatory) (signature of Attorney-in-fact)
TAMRA ANDREDE By :
(printed name of Attorney-in-Fact)
- (Attach corporate resolution showing current
(print name here) 4 power of attorney.)
ASGk %>,
(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 7
4- tp Revised 5/24/04 Contract No. PKS 04-02 Page 35 of 70 Pages
I
~ State of California I
SAN DIEGO County of
November 16, 2004 BUNNY GRAALMAN, NOTARY On before me,
personally appeared
Dale Name and Title of OHicer (e g Jane Doe. Notary Public') ***PAUL J. McSHANE***
Narne(s) of Signer(s)
Bpersonally known to me
U proved to me on the basis of satisfactory
evidence
to be the person(*) whose name@) is/-
subscribed to the within instrument and
acknowledged to me that he/dim/tggly executed
the same in his/ba/w authorized
capacity(-), and that by his/*/*
signature@ on the instrument the person(*, or
the entity upon behalf of which the person(*
acted, executed the instrum
OPTIONAL
Thcugh the information below is not required by law, it may prove valuable to persons relying OP the document and could prelfent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: September 21 2004 Number of Pages: 7O+
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual W Corporate Officer - Title(s):
U Partner - C Limited 0 General n Attorney-in-Fact
Trustee
U Guardian or Conservator
L1 Other: ~
signer ls R~~~~~~~~,~~:
City of Carlsbad Contract No. PKS04-02
Daniel L. McGregor, City of Carlsbad
Paul J. McShane
President
Design Space Modular Buildings, Inc .
1999 National Notary Associalion ' 9350 De Sota Ave , PO Box 2402. Chafsworlh. CA 91313-2402 ' www nationaliotaryorg Prod NO 5907 Reorder Call Toll-Free 1-800-876-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
November 16, 2004 BUNNY GRAALMAN, NOTARY before me,
**DANIEL L. McGREGOR** Date Name and Title of Officer (e g., "Jane Doe, Notary Public")
personally appeared
Name@) of Signer(s)
& personally known to me
to be the person(# whose name0 is/*
subscribed to the within instrument and
acknowledged to me that he/&/* executed
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons reking on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
City of Carlsbad Contract No. PKS04-02 Title or Type of Document:
Document Date: September 21 Y 2004 Number of Pages: 70+
Signer(s) Other Than Named Above: Paul J. McShane, City of Carlsbad
Capacity(ies) Claimed by Signer
Daniel L. McGregor Signer's Name:
0 Individual a Corporate Officer - Title(s): Asst. Secretary, Vice President
[I Partner - n Limited General
0 Attorney-in-Fact
0 Trustee
ti Guardian or Conservator
0 Other:
signer is Representing: Design Space Modular Buildings, Inc.
? 1999 Na:ional Nolary Association ' 9350 De Sotc Ave , PO Box 2402 , Cha!swonh. CA 91313-2402. www nattonalnnlaryorg Prcd No 5907 Reorder Call Toll~Free 1.800 876-6827
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE SAFECO PLAZA
SEATTLE WASHINGTON 98185
SAFECO" Ir
BOND #6263834
KNOW k.1-L BY THESE PRESENTS:
No 12724
iat SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington mrpratlon does each hereby
oint
.~~.i.**i.*.~ii-~*ii*..~~*-*~*~~~~~~~~~*~~~*-~***~~-~*~~~~ WDmE fivenlde C~O-*I******"I*********,*.~-~***~**~**-**~****.*~~~.*****~**~**.
its true and lawful aflorney(s)-in-faa wrVl full aulhorw to execure on its behalf fidelrty and surety bonds or undertakings and other documents 01 a similar chamcrer
i:,sued in the course of 11s business ana to bind the respective company thereby
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed aind
attested these presents
this 13th day01 kbmq , 2001
-R"-
R.A. PIERSON. SECRETARY MIKE M~GAVICK, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"i2rticle V, Section 13. - FIDELITY AND SURETY BONDS .. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operabons, shall each have authonty to appoint individuals as attorneys-in-fact or under otkr appropnate btles with authonty to
execute on behalf of the company fidelrty and surety bonds and other documents of similar ChardCtel issued by the company in the course of its business.. On any
iristrument ma!ung or evidencing such appointment, the signatures may be affixed by facsimile. On any inslrument confernng such authority or on any bond or
undertakmg of the company, the seal. 01 a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided. however, that the seal shall riol
be necessary to the validity of any such instrument or undertaking "
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
ana of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
>n any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of mcle V. Section 13 of the By-Laws, and
(ii) A copy of the per-of-attorney appointmenl, executed pursuant thereto, and
(iii) Certifying hat said power+,(-attorney appointment IS in full force and effect,
the signature of the certqing otilcer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I R A Pierson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Ldws drid of a Resolubon of the Board of Directors of these corporations, and of a Power of Attorney issued pursudnl thereto are true arid
correct, and that both the 6y-Laws he Resolut~m and the Power of Attorney are still in lull force and enect
114 WITNESS WHEREOF, I hake hereunto set my hand and affixed the lacsimile seal of said corprabon
&dz-&?!o
R.A PIERSON, SECRETARY
-'-0974/SAEF 2!01 @A registered lrademarh of SAFECO Corporation
04/12/2002 PDF
CAblFORNlA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
personally appeared TAW J ANRRRDE
Name(s) of Signer(s) a personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(3 whose name&) is/&
subscribed to the within instrument and
acknowledged to me that &/she/tX# executed
Though the information below is not required by /aw, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: ~
Capacity(ies) Claimed by Signer
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
0 1999 Nalional Notary Associalion. 9350 De Soto Ave , PO. Box 2402. Chatworth. CA 91313-2402. www nahonalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
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 NEW MODULAR BUILDING AT THE PARKS YARD,
CONTRACT NO. PKS 04-02 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.
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
e ts Revised 5/24/04 Contract No. PKS 04-02 Page 36 of 70 Pages
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.
IO. 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:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Sign a tu re
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.
4- %# Revised 5/24/04 Contract No. PKS 04-02 Page 37 of 70 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
Sign a tu re
Address
Title
Name
Signa tu re
Address
e= fS Revised 5/24/04 Contract No. PKS 04-02 Page 38 of 70 Pages
SUPPLEMENTAL PROVISIONS
FOR
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I 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 Project Manager is
intended, unless stated otherwise. The word "required" and words of similar import shall be
understood to mean "as required to properly complete the work as required and as approved by the
Project Manager," 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 Project Manager", 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 Project Manager 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.
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.
e- SS Revised 5/24/04 Contract No. PKS 04-02 Page 39 of 70 Pages
City Manager - the City Manager of the City of Carlsbad or hidher 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 hislher 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.
Deputy Public Works Director - The Public Works Supervisor’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.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ..................................... Commercial
DR .......................................... Dimension Ratio
E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
Apts ........................................ Apartment and Apartments
Revised 5/24/04 Contract No. PKS 04-02 Page 40 of 70 Pages
gpm ........................................g allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-I 2)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
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 Drawing
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VW D ....................................... Va I leci tos Water D is t ri c t
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
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 (IO) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is
listed in the latest version of U.S. Department of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
perforrnance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
I) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($10,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
4- 6$ Revised 5/24/04 Contract No. PKS 04-02 Page 41 of 70 Pages
warranty period and until all warranty repairs are completed to the satisfaction of the Project
Manager. 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:
I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
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), 2003 Edition, and the 1998 AND 1999 supplements
thereto, 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.
The construction plans consist of one set. The set is designated as City of Carlsbad Drawing No.
420-8 and consists of three (3) sheets. The standard drawings used for this project are the latest
edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, 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.
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:
Permits from other agencies as may be required by law.
Supplemental Provisions.
Plans.
Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
Standard Specifications for Public Works Construction.
Reference Specifications.
Manufacturer's Installation Recommendations.
Revised 5/24/04 Contract No. PKS 04-02 Page 42 of 70 Pages
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
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 Project Manager). 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 Project Manager'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:
"1 hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Project Manager within ten (IO) 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 therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Project Manager. Where the Project Manager concurs, in writing, with the Contractor
that protecting an existing monument in place is impractical, the Contractor shall employ a licensed
land surveyor or a registered civil Project Manager authorized to practice land surveying within the
State of California, hereinafter Surveyor, to establish the location of the monument before it is
43 Revised 5/24/04 Contract No. PKS 04-02 Page 43 of 70 Pages
disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30)
days after construction at the site of the replacement is completed. The Surveyor shall file corner
record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions
Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Project Manager shall approve otherwise.
Monument frames and covers shall be protected during street sealing or painting projects or be
cleaned to the satisfaction of the Project Manager.
2-10 AUTHORITY OF BOARD AND PROJECT MANAGER.
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 Project
Manager may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Project
Manager, 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 Project
Manager 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 Project Manager may deem necessary, upon reasonable
advance notice, Contractor shall make available to the Project Manager 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 Project Manager 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 Project Manager, be paid pursuant to section 3-3, Extra Work.
Revised 5/24/04 Contract No. PKS 04-02 Page 44 of 70 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) 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.
Work by Contractor. The following percentages shall be added to the Contractor’s costs and
(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 Project Manager.
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 Project Manager, 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 Project Manager 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 Project Manager 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.
e= %# Revised 5/24/04 Contract No. PKS 04-02 Page 45 of 70 Pages
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Project Manager 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 Project Manager 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. Deputy Public Works Director
3. Public Works Director
4. 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.
@ Revised 5/24/04 Contract No. PKS 04-02 Page 46 of 70 Pages
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) 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)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
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)(l) 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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
em %# Revised 5/24/04 Contract No. PKS 04-02 Page 47 of 70 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)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 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) N3 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 5/24/04 Contract No. PKS 04-02 Page 48 of 70 Pages
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Project Manager 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 Project Manager
with such information as may be necessary to keep the Project Manager 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 Project Manager, the source of supply of each of the materials shall be approved
by the Project Manager 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 Project Manager 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 Project Manager. 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 Project Manager, 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.
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
e= t? Revised 5/24/04 Contract No. PKS 04-02 Page 49 of 70 Pages
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
Project Manager 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 Project Manager shall have the right to verify the
suitability of materials and their proper storage at any time during the Work.
SECTION 5 9- 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 Project
Manager’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If
such temporary omission is approved by the Project Manager 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 therefor or for additional work, materials or delay
associated with the temporary omission. The portion thus omitted shall be constructed by the
Contractor immediately following the relocation of the utility involved unless otherwise directed by
the Project Manager.
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 10 calendar days after receipt of the “Notice to Proceed”.
Add the following section:
4- fS Revised 5/24/04 Contract No. PKS 04-02 Page 50 of 70 Pages
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Project Manager
will set the time and location for the pre-construction 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 pre-construction 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
pre-construction meeting.
Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.2 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1.2.1 Late Completion. A Baseline Construction Schedule showing a project duration longer than
the specified contract duration will not be acceptable and will be grounds for determination of default
by Contractor, per section 6-4.
Add the following section:
6-1.2.2 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Project Manager may choose to accept the
Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency
is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all
other entities, public and private, which interface with the project are able to support the provisions
of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration
project will be confirmed through the execution of a contract change order revising the project
duration and implementing all contractual requirements including liquidated damages in accordance
with the revised duration.
Add the following section:
6-1.2.3 Project Manager’s Review. The Construction Schedule is subject to the review of the
Project Manager. The Project Manager’s determination that the Baseline Construction Schedule
proposed by the Contractor complies with the requirements of these supplemental provisions shall
be a condition precedent to issuance of the Notice to Proceed by the Project Manager. If the Project
Manager determines that the Construction Schedule does not meet the requirements of these
specifications the Contractor shall correct the Construction Schedule to meet these specifications
and resubmit it to the Project Manager, Failure of the Contractor to obtain the Project Manager’s
determination that the initial Construction Schedule proposed by the Contractor complies with the
requirements of these supplemental provisions within thirty (30) working days after the date of the
pre-construction meeting shall be grounds for termination of the contract per section 6-4. Days used
e- %$ Revised 5/24/04 Contract No. PKS 04-02 Page 51 of 70 Pages
by the Project Manager to review the initial Construction Schedule will not be included in the 30
working days.
The Project Manager will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will
be returned marked as per sections 6-1.2.3.1 through 6-1.2.3.3.
Add the following section:
6-1.2.3.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.3.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.3.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Project Manager if the changes of the comments are not
submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the
Project Manager. The Contractor, at the sole option of the Project Manager, may be considered as
having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the
changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the
Project Manager.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Project Manager during the last week of each month to agree upon each activity’s schedule status
and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements
no later than the fifth working day of the following month. The monthly update will be submitted on
hard (paper) copy.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Project Manager with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Project Manager as complete for the
act iv it y.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
@ Revised 5/24/04 Contract No. PKS 04-02 Page 52 of 70 Pages
Add the following section:
6-1. 4 Project Manager’s Review of Updated Construction Schedule. The Project Manager will
review and return the Updated Construction Schedule to the Contractor, with any comments, within
5 working days of submittal. The Updated Construction Schedule will be returned marked as per
sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with
Comments” or “Not Accepted” by the Project Manager will be returned to the Contractor for
correction. Upon resubmittal the Project Manager will review and return the resubmitted Updated
Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the
Contractor to submit a monthly updated construction schedule will invoke the same consequences
as the Project Manager returning a monthly updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Project Manager incorporating
the corrections and changes noted in the Project Manager’s comments prior to receipt of payment
per section 6-1.8.2.
Add the following section:
6-1 -4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Project Manager incorporating the corrections and changes noted in the Project Manager’s
comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the
Project Manager, may be considered as having defaulted the contract under the provisions of
section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and
marked “Accepted” by the Project Manager before the last day of the month in which the Updated
Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction
Schedule as required herein the Contractor may elect to proceed with the project at its own risk.
Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption
to the project will be the Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or
contractually required milestone date later than the properly adjusted contract or milestone duration,
the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent
“Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the
previously held Liquidated Damages shall be released in the monthly payment to the Contractor
immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially
different from that depicted in the Project Schedule, independently of and prior to the next monthly
update, the Contractor will submit a revised Baseline Construction Schedule, with a list and
explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
@ Revised 5/24/04 Contract No. PKS 04-02 Page 53 of 70 Pages
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-
1. 4 Project Manager’s Review of Updated ConstructiQn Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section
9-3.2.
Add the following section:
6-1.8 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes manufacturing and delivering
a new modular building to the Parks Division maintenance yard. Remove and discard existing
modular building and replace with new one. Connect all essential utilities (e.g. plumbing, water,
electric) to the new building.
Add the following section:
6-2.3 Project Meetings. The Project Manager will establish the time and location of Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. 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 Project Manager 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 Project Manager, 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@) required by this section the
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 60 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Project
Manager, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the .
e Revised 5/24/04 Contract No. PKS 04-02 Page 54 of 70 Pages
Project Manager 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
Project Manager may approve work outside the hours and/or days stated herein when, in hidher
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.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The
Project Manager 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
Project Manager 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
Project Manager’s judgment, the Work has been completed and is ready for acceptance the Project
Manager will so certify to the Board. Upon such certification by the Project Manager the Board may
accept the completed Work. Upon the Board’s acceptance of the Work the Project Manager will
cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date
of recordation shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Five Hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best‘s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
e= t@ Revised 5/24/04 Contract No. PKS 04-02 Page 55 of 70 Pages
7-4 WORKERS COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way)., railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may’ be granted a time extension
if, in the opinion of the Project Manager, 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 Project Manager may require increased levels of
cleanup and dust control that, in hidher 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 therefor.
7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQI NPDES
General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity”
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
@ Revised 5/24/04 Contract No. PKS 04-02 Page 56 of 70 Pages
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the work,
all necessary safeguards for the protection of workers and public, and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
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 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 Project Manager 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 Project
Manager 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 (IO) days of receipt of the progress estimate, submit a supplemental
payment request to the Project Manager with adequate justification supporting the amount of
supplemental payment request. Upon receipt of the supplemental payment request, the Project
Manager shall, as soon as practicable after receipt, determine whether the supplemental payment
request is a proper payment request. If the Project Manager 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 201 04.50, 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 Project Manager, then the
43 Revised 5/24/04 Contract No. PKS 04-02 Page 57 of 70 Pages
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 Project Manager 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 Project Manager 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.
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
Project Manager 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
Project Manager 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 Project
Manager to ascertain the basis and amount of said disputed items. The Project Manager 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 Project
Manager 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 Project Manager to
ascertain the basis and amount of said claims. The Project Manager 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 Project Manager 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 Project Manager. The Contractor shall proceed with informal dispute resolution
under subsection 3-5, Disputed Work, for those claims remaining in dispute.
’-fs Revised 5/24/04 Contract No. PKS 04-02 Page 58 of 70 Pages
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
Add the following section:
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.
4- rr# Revised 5/24/04 Contract No. PKS 04-02 Page 59 of 70 Pages
TECHNICAL SPECIFICATION #I3120
FOR
CONTRACT NO. PKS 04-02
NEW MODULAR BUILDING AT THE PARKS YARD
TECHNICAL SPECIFICATIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1 GENERAL
1.01 SCOPE
A. Architectural
1. Remove and legally dispose of existing office modular trailer and storage
trailer. Manufacture, transport, and set-up modular office unit per plans and
specifications. Modular unit and all components shall be newly manufactured.
Refurbished or remanufactured units and components are not acceptable.
Entry stairs and ADA-compliant ramps shall be installed per ADA standards.
The prefabricated office unit will be used for business occupancy.
B. Mechanical
1. The mechanical system shall consist of the following areas of construction and
subsystems:
a. HVAC system
b. Installation of restrooms per (Section 4.03) included with this specifica-
tion.
C. Electrical
1. Furnish all labor, materials, equipment, and services to design, construct, and
install the complete electrical systems and related as specified herein. The
electrical system shall consist of the following areas of construction and sub-
systems:
a.
b. Lighting
C. Data and Telephone conduits.
Power distribution and receptacle system
D. Site Preparation
1, The following site preparations will be performed by the Contractor prior to de-
livery of the prefabricated office units.
ts Revised 5/24/04 Contract No. PKS 04-02 Page 60 of 70 Pages
1.02
1.03
a.
b.
C.
d.
Removal and legal disposal of the existing modular building and stor-
age building as shown on the approved plans.
Disconnect existing utilities from the existing modular.
Prepare existing water distribution system and sanitary sewer system
connections for connection to the new modular building.
Provide electrical panels and circuit breakers as required to supply
electrical load for the prefabricated office unit.
REFERENCES (to be included with the Contract Package)
A. Prefabricated Office Unit Floor Plan & Reflective Ceiling Plan.
B. Site Plan.
C. Exterior Elevations
CODES AND STANDARDS
A. All prefabricated office units and related equipment shall conform to the following
minimum standards and codes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
12.
U. S. D.O.H. Standards.
New Modular shall be delivered with D.0.H Coach Tags affixed.
The California Department of Housing and Community Development Insignia
of Approval must be attached to all commercial coach units as evidence of
compliance with the applicable regulations for construction and inspection.
Americans with Disabilities Act Guidelines (ADA)
NFPA 90B, Standard for the Installation of Warm Air Heating and Air Condi-
tioning Systems, 1995.
Type of Occupancy: B.
Type of Construction: Type V, Non-rated.
Seismic Zone: 4
1997 Uniform Building Code.
1997 Uniform Mechanical Code.
1996 National Electric Code.
California Title 25.
B. Where contradictions occur between this specification and any of the above, this
specification shall take precedence.
@ Revised 5/24/04 Contract No. PKS 04-02 Page 61 of 70 Pages
I .04 SUBMITTALS
A. Product Data: Include material descriptions of the following individual components.
Submittals to be approved by Engineer prior to use in the construction of building
units.
1. Architectural Systems
a. Door Hard ware
b.
C. Flooring.
d. Wall materials.
e. Exterior Materials
f. Interior Materials
Finish Colors, Interior and Exterior.
2. Mechanical Systems
a. HVAC Unit
b. Thermostat
C. Restroom Fixtures
d. Fixture Hangers
3. Electrical Systems
a. Light Fixtures
b. Receptacles
C. Light Switches
d. Panelboard
B. Shop Drawings: Provide the following D.O.H. State approved plans and schedules.
1. Overall floor plan complete with dimensions.
2. Engineered foundation anchoring plans and details.
3. HVAC ductwork layout complete with dimensions, CFM, and diffuser loca-
tions.
4. Lighting floor plan.
5. Receptacle floor plan.
6. Electrical panel schedule.
7. Plumbing floor plan complete with partition dimensions, pipe sizes, and fixture lo-
cations.
C. Documents
1. AutoCAD electronic drawing files (CD media is preferred)
e= ts Revised 5/24/04 Contract No. PKS 04-02 Page 62 of 70 Pages
2. HVAC calculations
3. Lighting calculations
4. Structural calculations
5. Electrical Panel schedules.
6. HVAC Test & Balance Reports.
I .05 QUALITY ASSURANCE
A. Buyer may choose to inspect the units prior to shipping. Seller will notify the Engi-
neer one week prior to construction of any unit that reaches the completed electri-
cal/rnechanical rough in and topout, and prior to beginning insulation installation. All
products supplied shall be of specified manufacture and model, or equipment.
B. Final HVAC system test and balance shall be performed by an “NEB6 certified”
contractor and a report submitted indicating final diffuser airflows are performing
within +-lo% of design.
PART 2 PRODUCTS
2.01 GENERAL
A. Exterior Requirements
1. Exterior wall system shall be 2X wood framing with T-1 1 wood siding installed
over structural thermo ply sheathing Color shall be selected by Owner. (Pro-
vide Samples)
2. Roofing system shall provide positive roof drainage by sloping roofs and roof-
ing details shall comply with roofing manufacturer’s standard details.
3. Provide rain gutters to prevent water from draining onto entryways and ramps.
4. Provide insulation in exterior walls, floor joist spaces, and the roof space adja-
cent to the roof sheathing. Insulation shall be fiberglass having a minimum
value of R-1 1 for exterior walls and floor and R-19 for the roof. Insulation shall
provide a continuous thermal and vapor barrier in walls, roof, and floor. Ade-
quately secure the roof insulation close to the roofing sheathing to provide a
climate-controlled ceiling space and unobstructed space for other utilities.
Provide foil-faced vapor barrier in all ceiling plenums
5. Entry door shall be aluminum storefront door and framing. Provide a door
closer, weather-stripping, and ADA-approved threshold. ANSI Grade 1 lock-
set by Schlage, Model SC4 six pin with lever (ADA compliant) bitted for key
lockage. Contractor shall provide Owner with keys. Owner will change locks
after project acceptance.
6. Other perimeter doors shall be hollow metal doors and framing. Provide a
door closer, weather-stripping, and ADA-approved threshold. ANSI Grade 1
lockset by Schlage, Model SC4 six pin with lever (ADA compliant) bitted for
key lockage. Contractor shall provide Owner with keys. Owner will change
locks after project acceptance.
4w
Revised 5/24/04 Contract No. PKS 04-02 Page 63 of 70 Pages
7. Windows shall be provided as located on the approved plans. Windows shall
be double-glazed, Low E, aluminum sliding windows with ventilation and secu-
rity screens
8. Provide skirting all around the trailer complex extending from the bottom of the
trailer down to the ground. The skirting shall be of the same material as the
siding with removable access panels at a minimum of 2’-6” wide and 2’0” high
on each trailer unit.
9. Provide metal stairs and ramps installed per ADA standards.
B. Interior Requirements
1. Provide interior walls of height and dimension shown on drawings. Walls
shall be standard stud wall construction using a minimum of 2” x 4” studs on
16” centers with 5/8” gypsum board. Owner shall select color.
2. Ceilings shall be 2’ x 4’ and 5/8“ thick, fiberglass or mineral fiber acoustical tile
having a flame spread rating of 25 or less and a smoke developed rating of 50
or less. Ceilings shall have a white factory finish and an NRC of 0.50 or bet-
ter. Finished ceiling height shall be shall be a nominal 8 feet. Bathrooms ceil-
ings shall be constructed as shown on the approved plans.
3. Provide single light glass door to all interior office. Door shall be a minimum of
3’-0” wide by 6’-8” high by 1 -3/4” thick.
4. Unless otherwise noted, finish hardware for office doors shall be ANSI Grade
2 by Schlage, Model SC4 six pin with lever (ADA compliant) bitted for key
lockage. Contractor shall provide Owner with keys. Owner will change locks
after project acceptance.
5. Each window shall be provided with metal mini-Venetian blinds, color shall be
selected by Owner.6. Provide commercial-grade, minimum 26 ounce, broad-
loom carpet. Provide 1/8” thick resilient base throughout. Owner shall select
color.
6. Provide commercial-grade, minimum 26 ounce, broadloom carpet. Provide
118” thick resilient base throughout. Color to be selected by Owner. (Provide
samples)
C. Structural Requirements - Support System
1. All structural components shall be designed and constructed to withstand
loads as described in Section 1.06 - Structural Loads.
2. The trailer blocking, leveling, and support system shall incorporate conven-
tional jack stands, masonry blocking, or concrete foundations per industry
standards as well as metal ties from trailer to embedded ground anchors for
overturning. Metal ties shall be capable of transmitting design lateral forces to
the ground anchors.
4%
Revised 5/24/04 Contract No. PKS 04-02 Page 64 of 70 Pages
3. Assume that the surface at the site is asphalt concrete. Jack stands shall be
designed to support vertical loads and to transfer the load to the ground.
2.02 MECHANICAL
A. Heating, Ventilating, and Air-conditioning (HVAC)
1. An HVAC system shall be provided for the office unit using electric refrigerant
cooling units and electric resistance heating coils as specified on the contact
documents. The system shall be designed and sized in accordance with the
ASHRAE Fundamentals Handbook and ASHRAE Standard 90.1, to provide an
indoor condition of 72°F summer and 71 OF winter under the following conditions;
1 .)ASHRAE 1 % summer dry bulb & wet bulb temperatures. 2.) ASHRAE 99%
winter dry bulb temperature. 3.) Miscellaneous loads for special use areas as
specified in contract documents. 4.) 1.8 watts per square foot miscellaneous
loads in offices. 5.) Actual lighting, skin loads, windows, doors, infiltration, and
ventilation (20 CFM/person) loads. Individual systems shall be configures to pro-
vide zoning to areas of similar use and loads. 6.) Equipment sized to perform at
300’ elevation.
2. Provide mechanical ventilation to meet the requirements of IMC 2000 and
ASHRAE Standard 62-2001.
3. Each HVAC unit shall be electric unit(s) sized for the calculated use and appli-
cable codes. Provide units rated to operate with a 120/240 Volt, Single Phase
service. Provide an electronic 7-Day programmable thermostat to control each
unit. The thermostat shall be able to individually control the operational schedules
for the workweek, Saturday and Sunday. The air-handling units shall have a 30%
pleated air filter. Units shall be Carrier, Trane, Eubank, Bard, or equal with an
SEER rating of 10 or better.
4. HVAC units shall be wall-mounted type as shown on the approved plans.
Roof mounted HVAC units are not acceptable.
5. The HVAC air distribution system shall consist of a ducted main with flexible
drops to each supply diffuser. Each occupied space’shall be properly sized and
diffusers marked with flow rate requirements listed in CFM.
6. The supply ductwork will be constructed of unlined galvanized steel with
sealed sections, appropriately sized for stated flows and suspended from the raf-
ters using 1” X 20 gage solid galvanized strap above the suspended ceiling. Re-
duction in duct sizing shall be made using reducers with a minimum of a 2:l run to
dimension change. Branch takeoffs will contain 45-degree approaches. Supply
duct will be externally insulated with a minimum of R-5 foil faced insulation without
gaps and seams taped with metal foil tape.
7. Use of flexible connectors when connecting between the supply plenum or
branch duct and the diffuser shall not exceed 14 ft. Diffusers shall be provided
with integral balancing dampers.
’3 Revised,5/24/04 Contract No. PKS 04-02 Page 65 of 70 Pages
2.03 ELECTRICAL
A. Provide a NEMA 3R service entrance, single phase, 120/240-volt, 1 OO-amp, copper
bus, bottom-feed panelboard with a 1 OO-amp main circuit breaker.
B. For each available circuit in the panelboard, provide a minimum 20-amp single-pole
breaker. Provide circuit breaker lockout devices for each breaker.
C. Panelboards shall have copper bus. Interrupting capacity of the breakers shall be
10,000 or 22,000 amps minimum based on the available short circuit at the panel-
board.
D. Include a panel schedule in each panel that shows all circuit breakers and load
descriptions.
E. Provide general interior lighting with a minimum level of 50 foot-candles at desk
height in all office and open areas. Use fluorescent fixtures with electronic ballasts
and T8 lamps.
F. Fixtures shall be complete with acrylic prismatic lens diffusers.
G. Provide one outside area light with 32W triple compact fluorescent lamps with photo-
electric control over entry door. Fixture shall be listed for outdoor use.
H. Electrical devices (e.g., receptacles, switches, etc.) shall be as manufactured by Hubbell.
*(Or approved equal)
I. Electrical cable conductors shall be copper, size 12 AWG or larger.
PART 3 EXECUTION
3.01 ARCHITECTURAL
A. All installation work shall be in accordance with standard construction practices and
applicable codes.
B. All hardware shall be adjusted and demonstrated to work properly.
3.02 MECHANICAL
A. All mechanical systems shall be placed in operation and cycled to demonstrate their
function a I capabilities.
B. HVAC
1. Use of flexible ductwork will be routed to avoid sharp bends or interference
with light fixtures, plumbing, or conduits. Diffusers will be located to allow
proper air distribution following the diffuser manufacturer’s recommendations.
2. Extend condensate drains from HVAC units to within 6 inches of grade with
tubing connected to the wall.
em \# Revised 5/24/04 Contract No. PKS 04-02 Page 66 of 70 Pages
3.03 ELECTRICAL
A. General Requirements
1. The exact placement of electrical devices and the routing of conduits and ca-
bles shall be governed by structural conditions and mechanical obstructions.
2. Conduits and Type AC (BX) cables shall be neatly run and evenly spaced
when run in banks. All conduits not terminated at boxes shall be stubbed-up
6” into the ceiling space. All conduits and cables shall be labeled at both ter-
mination point indicating service and destination.
3. In addition to NFPA 70 grounding requirements, install a ground wire in every
electrical conduit insta I led.
B. Power
1, Mount the main panelboard on the exterior wall of one section of the prefabri-
cated office unit. The panelboard shall be installed no higher than 6’-6” above
grade, measured from the top of the panelboard.
2. The service entrance feeder to the 1 OO-amp main panelboard will be installed
by the Contractor.
3. Provide a circuit breaker or safety switch in a NEMA-type 3R enclosure as a
main disconnect for each HVAC unit and connect with EMT back to the panel-
board.
4. Provide the complete power and controls required for the mechanical equip-
ment. Refer to the mechanical section of this specification for the mechanical
require men ts.
5. Label outside of panel doors with engraved anodized aluminum nameplates (1/2”
block letters to indicate mobile office and panel type for each panel. For ex-
ample: “MO PANEL A 120/240 VOLTS.” The service entrance feeder to the
1 OO-amp main panelboard will be installed by the Contractor.
C. Receptacles
I. Provide receptacles as shown on the Contract drawings.
D. Lighting
1, Coordinate exact fixture locations with mechanical HVAC equipment.
2. Provide light switches as shown on the approved plans.
@= %# Revised 5/24/04 Contract No. PKS 04-02 Page 67 of 70 Pages
3.04 COMMU N IC ATlONS
A. Provide a %” ENT raceway with pull string concealed in the wall for future telecom-
munication cables. The raceway should terminate at a junction box with centerline at
18” AFF in each office and cubicle and extended at least 12 inches above the ceiling .
Install of telecommunication cables, receptacles, and equipment for voice and data is
not part of this contract.
3.05 RESTROOM
A. General
1. Provide toilet facilities in the prefabricated office unit with all the plumbing fix-
tures, toilet compartments, shower stalls, and interior features as shown on
the drawings.
2. Provide ADA compliant, toilet facilities in the prefabricated office unit with all
the plumbing fixtures, toilet compartments, ADA accessible shower stalls, and
interior features in the indicated restroom, as shown on the drawings, and de-
scribed below per ADA Standards.
B. Architectural/StructuraI
1. Provide manufacturer’s standard vinyl composite tile flooring with coved base
throughout and sealed edges and seams. Class “A“ fire rating (25-75 flame
spread) is required. Color to be off-white.
2. Provide pre-fabricated fiberglass shower stalls, equipped with shower curtain
and shower curtain rods, low flow fixtures, and drains. Color shall be white.
3. Provide 48” high “Marlite” 3/32” thick adhesive applied FRP panel wainscote
installed per manufactures specifications for water tight seal
4. Provide vitreous china with backsplash for lavatories where shown on draw-
ings. . Lavatories shall be mounted at sufficient height to allow handicapped
access.
5. Provide stainless steel 30” wide by 36” high mirrors set at 40” maximum above
finish floor in both restrooms.
6. The following toilet accessories shall be furnished and installed by Owner:
a.
b.
C.
Paper towel, lotion, and soap dispensers.
Femininehampon vendors without coin operation and napkin disposal
unit.
Disposable seat cover and toilet tissue dispensers.
Revised 5/24/04 Contract No. PKS 04-02 Page 68 of 70 Pages
C. Mechanical - Plumbing
I. Urinals shall be 17” from floor to lip and shall be ADA compliant units. Rest-
rooms shall be provided for handicapped access. Provide white open front
seats on the water closets.
2. Provide all drainage, vent, cold water, and hot water piping systems as re-
quired. Termination from T&P valve will be outside of building skirting and will
not include any vertically upward runs and shall be turned down to within six
inches of grade.
3. Water piping shall be Type L hard drawn copper with wrought copper soldered
fittings and 95-5 tidantimony soldered joints. Piping shall be pressure tested
to ensure connection integrity.
4. Waste, soil, and vent piping shall be ABS or PVC for drainage, waste, and
vent piping constructed and tested per the requirements of the IPC.
5. Connections to existing sanitary sewer and water utility stub-ups will be made
by the Contractor.
D. Electrical
1. Provide electrical service to water heater. Size circuit breaker and conductors
per manufacturer’s recommendations and per NFPA 70.
2. Provide general interior lighting with a minimum level of 50-footcandles in rest-
rooms.
3. Provide one GFCl duplex receptacle in each restroom.
3.06 PLUMBING FIXTURES
Ordinary plumbing fixtures are specified here. Fixtures shall be white and furnished with all
trim and accessories required for a complete installation. Fixtures shall be provided with stop
valves on both hot and cold water supplies. Metal trimmings on fixtures and exposed piping
to fixtures, unless otherwise noted, shall be chromium plated with chromium-plated escutch-
eons. Toilets and lavatories shall be mounted on approved carriers or as indicated on the
drawings.
A. Toilets
1. Crane “Whirlton,” No. 3-325E, low consumption (1.6 gallons per flush), elon-
gated rim, vitreous china, siphon action, whirlpool flush, 1 %” top spud bowl
and bolt caps.
2. Seat Cover: Bemis “1 955C Profile,” elongated, open front, white.
3. Flush Valve: Sloan “Regal Model 11 1 ,” low consumption (1.6 gallons per
flush)
* Or approved equals.
<$ Revised 5/24/04 Contract No. PKS 04-02 Page 69 of 70 Pages
B. Urinal
1. Crane “7-209 Manhattan,” low consumption (1 .O gallons per flush), vitreous
china wall hung, siphon jet action urinal with integral trap, % top inlet, 2” I.P.S.
female outlet connection and supporting hangers.
2. Flush Valve: Sloan “Regal Model 186-1 ,” low consumption (1 .O gallons per
flush).
* Or approved equals.
C. Lavatories and Faucets
1. Crane “1-320 Westmont,” 10” x 17” vitreous china lavatory with semi-oval ba-
sin, ledge back, front overflow, and two soap depressions, wall mounted with
supplied concealed hanger.
2. Faucet: Kohler “K-15199-PJ’, 4”- centers, meter construction, one-piece self
contained valve cartridge, lever handle (ADA).
* Or approved equals.
D. Domestic Water Heaters:
1. Domestic water heaters shall be a sized per use and per code from stock
catalog item of standard manufacturer, glass lined, and unconditionally guar-
anteed for a minimum of 6 years. The minimum size of the water heater shall
be 50 gallons and be foam insulated with minimum R-value of 12. Unit shall
be UL listed. Set unit in approved drain pan with full size drain line to the out-
side of the mobile office and turned down to within six inches of grade.
2. Two copies of the manufacturer’s Data Sheets shall be submitted to the Engi-
neer for approval and record keeping.
3. Water heaters shall be provided with pressure relief valves with test lever
piped full size to outside of trailer.
4lt. tp Revised 5/24/04 Contract No. PKS 04-02 Page 70 of 70 Pages