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Good & Roberts Inc; 2007-04-13; PWS07-09REC
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2008-0425375 AUG08, 2008 12:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1 . 2. 3. 4. 5. 6. 7. 8. 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 January 25, 2008. The name of the contractor for such work or improvement is Good and Roberts, 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: the Senior Center Improvements, Project No. 45001-2. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. John City Engineer 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 August 5 , 2008, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 6 2008, at Carlsbad, California. CITY OF CARLSBAD City Clerk Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 BID NO. PWS07-09REC Revised 10/08/03 Contract No 45001 Page 1 of 57 Pages PRE-BID INFORMATION REQUESTS AND QUESTIONS FROM BIDDERS Prospective bidders are directed NOT to contact listed architects, engineers, designers, or other consultants involved with the design plans, specification, or other documents for this project. Telephone inquiries, email messages, other inquiries, etc., will not be received or responded to by the design team or CPFA staff. All requests for information, clarifications, questions, inquiries of any kind during the bid period for this project are to be made IN WRITING or EMAIL and forwarded via FAX TRANSMITTAL / EMAIL to the following: Thomas Moore Public Works Facilities City of Carlsbad, California Attention: Senior Center Project FAX: 760-720-9562 EMAIL: tmoor@ci.carlsbad.ca.us Upon receipt of a written FAX or EMAIL inquiry, the City of Carlsbad will review and evaluate the request for information. If the answer or response requires input from the design team of architects and engineers, City of Carlsbad will secure the information and answers from the design team and return same via FAX or EMAIL. Please do not send multiple individual questions or clarification requests; rather, please try and group your questions into one or two larger sets of inquiries. Prospective bidders are strongly encouraged to completely review the plans, specifications, supplemental provisions, and related contract documents and appendices before sending questions to City of Carlsbad in which the information and/or answers are clearly available within the proiected documents provided. City of Carlsbad will discontinue to receive and shall not respond to any further questions and inquiries received after 12:00 pm, Wednesday, December 13, 2006. City of Carlsbad will not consider or approve during the bid period any requests for substitution of specified equipment, systems, hardware, finishes, furnishings, building materials, landscape materials, utility systems or equipment, or other identified items or materials contained within the project documents. As indicated the "Notice Inviting Bids," please include and acknowledge any and all published Addendum(a) by City of Carlsbad during the bid period. Revised 10/08/03 Contract No 45001 Page 2 of 57 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 12 Bidder's Bond To Accompany Proposal 13 Guide For Completing The "Designation Of Subcontractors" Form 15 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 17 Bidder's Statement Of Financial Responsibility 18 Bidder's Statement Of Technical Ability And Experience 19 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 20 Bidder's Statement Of Re Debarment 21 Bidder's Disclosure Of Discipline Record 22 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 24 Contract Public Works 25 Labor And Materials Bond 31 Faithful Performance/Warranty Bond 33 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 35 Revised 10/08/03 Contract No 45001 Page 3 of 57 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 38 1-2 Definitions 39 1-3 Abbreviations 40 Section 2 Scope And Control Of The Work 2-3 Subcontracts 40 2-4 Contract Bonds 41 2-5 Plans And Specifications 41 2-10 Authority Of Board And Engineer 43 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 44 3-3 Extra Work 44 3-4 Changed Conditions 44 3-5 Disputed Work 45 Section 4 Control Of Materials 4-1 Materials And Workmanship 48 4-2 Materials Transportation, Handling and Storage 49 Section 5 Utilities 5-1 Location 49 5-4 Relocation 49 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 52 6-6 Delays And Extensions Of Time 52 6-7 Time of Completion 52 6-8 Completion And Acceptance 53 6-9 Liquidated Damages 53 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 53 7-4 Workers'Compensation Insurance 53 7-5 Permits 53 7-7 Cooperation and Collateral Work 54 7-8 Project Site Maintenance 54 7-10 Public Convenience And Safety 54 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 55 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 55 9-3 Payment 55 Part 2 and 3: Omit and substitute specifications and notes on the plans. Revised 10/08/03 Contract No 45001 Page 4 of 57 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 p.m. on December 20. 2006. the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows. Interior Remodeling of portions of the existing Carlsbad Senior Center for expanded recreational facilities and office space. SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 BID NO. PWS07-09REC 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 Public Works Facilities Department. The specifications for the work include the Standard Specifications for Public Works Construction, the 2003 Edition , all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract Reference is hereby made to the plans and specifications for full particulars and description of the work The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder No bid will be received unless it is made on a proposal form furnished by the Purchasing Department Each bid must be accompanied by security in a form and amount required by law The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract m¥ Revised 10/08/03 Contract No 45001 Page 5 of 57 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are 1 Contractor's Proposal 2 Bidder's Bond 3 Non-Collusion Affidavit 4 Designation of Subcontractors and Amount of Subcontractor Bid 5 Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6 Bidder's Statement of Financial Responsibility 7 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 10 Bidder' s Statement Re Debarment 11 Bidder's Disclosure Of Discipline Record 12 Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate The estimated quantities are approximate and serve solely as a basis for the comparison of bids The Engineer's Estimate is $1.172.000 Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury This invitation to bid does not involve federal funds The following classifications are acceptable for this contract Class B: General Building 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 $50 per set If plans and specifications are to be mailed, the cost for postage should be added Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids Revised 10/08/03 Contract No 45001 Page 6 of 57 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773 1 of the Labor Code Pursuant to section 1773 2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777 5 of the Labor Code and section 4100 et seq of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act " The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5 The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work A pre-bid meeting and tour of the project site will be held on December 11, 2006, at the project site (799 Pine Avenue, Carlsbad, CA) at 2:00 p.m. Attendance at the pre-bid meeting is not mandatory however, is strongly encouraged. All bids are to be computed on the basis of the lump sum price indicated on the bid form In case of a discrepancy between words and figures, the words shall prevail All prices must be in ink or typewritten Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000) 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000) 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000) These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond The bonds are to be accompanied by the following documents 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 Revised 10/08/03 Contract No 45001 Page 7 of 57 Pages Insurance is to be placed with insurers that 1) Have a rating in the most recent Best's Key Rating Guide of at least A- V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner Auto policies offered to meet the specification of this contract must 1) Meet the conditions stated above for all insurance companies 2) Cover 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 Approved by the City Council of the City of Carlsbad, California, by Resolution No 2006-295, adopted on the 17th day of October, 2006 November 15. 2006 Date H^ARtN fc-KtHklD^/ Assistant City Clerk Publish Date: November 18, 2006 m¥ Revised 10/08/03 Contract No 45001 Page 8 of 57 Pages CITY OF CARLSBAD SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 CONTRACTOR'S PROPOSAL OPENED, WITNESSED AND RECORDED-City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 SIGNATURE The undersigned declares he/she has carefuljy examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 45001 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following lump sum complete, to wit: TOTAL AMOUNT OF BID IN NUMBERS: TOTAL AMOUNT OF BID IN WORDS: SEE ATTACHED CLARIFICATIONS & EXCLUSIONS Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 >2 _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies 'within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares,, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _ 377551 _ , classification B _ which expires on _ 7/31/07 _ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.1 5(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. Revised 10/08/03 Contract No 45001 Page 9 of 57 Pages License Detail Page 1 of2 California Home Tuesday, January 23, 2007 "Welcome lo California m u » s J^r rfe 'ir«f**4>' , License Detail Contractor License # 377551 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base Before relying on this information, you should be aware of the following limitations . CSLB complaint disclosure is restricted by law (B&P 7124 6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Click on the link or button to obtain complaint and/or legal action information . Per B&P 7071 17. only construction related civil judgments reported to the CSLB are disclosed . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base Extract Date 01/23/2007 * * * Business Information * * * GOODS. ROBERTS INC 1330 PARK CENTER DRIVE VISTA, CA 92081-8346 Business Phone Number (760) 598-7614 Entity Corporation Issue Date 07/02/1979 Expire Date 07/31/2007 * * * License Status * * * This license is current and active All information below should be reviewed * * * Classifications * * * Class Description C-9 DRYWALL B GENERAL BUILDING CONTRACTOR ' D34~ "PREFABRICATED EQUIPMENT * * * Bonding Information * * * CONTRACTOR'S BOND This license filed Contractor's Bond number 1503112 in the amount of $12,500 with the bonding company INSURANCE COMPANY OF THE WEST Effective Date 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I) The Responsible Managing Officer (RMO) CURTIS JACK GOOD certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date 01/01/1980 * * * Workers Compensation Information * * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 01/23/2007 License Detail Page 2 of 2 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number 333-0000345 Effective Date 10/01/2000 Expire Date 10/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request _ . „ Salesperson NameSalesperson Request :r "^rrvGCj U GSt © 2006 State of California Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 01/23/2007 0 "o CDQ.OO CO r-oow —- ^EW Q_ ^L oC 0 § w c CO lii lii 6 & «* z Q H m H™ ^DUJ " -3o m CONSTRUCTION BUDCity of CarlsbadSenior Center Improvements799 Pine AvenueCarlsbad, CA 92008Thomas Moore0603610 4-: < & £ b"-8 ° < z o "w OL _J o "tooI- 3w H — t—j ^ h- H ID 0 ot DC O LU Q o0 -f— '0to•*-• o0 o50) "Df- ^- f. °O 0)c ^ CD _2 ffl ° ^j£ ^ ^ g-o w 8 ^ '^ *-. x^ to to3 t/3 -.SCO•o ^ 2 fe o o >• ~° ffl > •— "rS5= CO T3 o "O 2c ^ to o -o 5to -^ tu v- ' to Q CLARIFICATIONS & EXCLUSIONS:Work to be completed during normal business hoursTesting or removal of any hazardous material is excluded.Repair of any base building deficiencies is excluded"ADA Interpretation and Assessment" is excluded.Where the price of Material, Equipment, or Energy increase significthrough no fault of the contractor, the contract sum shall be equitabCosts resulting from unforeseen conditions are excluded.Excluded Items: Landscaping, Partitions, Sheetmetal, Fencing,Mezzanine Modifications, Moving Of Furniture Or Equipment,Permit Fees, Structural/ Architectural Design & Fees, Stucco,Structural & Misc Steel, Roof Upgrades, Interlock System, Card RMasonry, FRP, Phone/ Data Cabling, Systems Furniture & WindowIf new lamps are required for re-used light fixtures, there will be an iIf new door trim is require for relocated doors, there will be an additThere is no cost for Builders Risk Insurance included in this bid.There is no cost included for re-finishing relocated & existing doors.T- <M co -<t in co i^ oo o> ° ;i CD O>CO D_ co•i— • CD I2 Q. E i_ CD••— •cCDOi_g 'cCD CO •DCO.a .£2 coO b CD CO O CD O The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bid Bond (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-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted N/A (2) Signature (given and surname) of proprietor N/A (3) Place of Business (Street and Number) City and State "' (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted N/A (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Revised 10/08/03 Contract No. 45001 Page 10 of 57 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Good & Roberts, Inc. (2). (Signature)/^ Charles T. Glynn Executive Vice President (Title) (3) Incorporated under the laws of the State of Pali v- Impress Corporate^Sea-here T f ryiri "i (4) Place of Business 1330 Park Center Drive .Street and Number) Crty and State Vista, CA 92081 (5) Zip Code 92081 Telephone No. 760.598.7614 (6) E-Mail c!hiirkg 1 ynn(3gnorjandrnh<art".q. com jpffg@goodandrohgrt:.s. com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership,- list names of all general partners,-and managing partners: President Tim Umbaraer Executive Vice President Charles T. Glynn_ Secretary Elizabeth Suzanne Good Revised 10/08/03 Contract No. 45001 Page 11 of 57 Pages Fkic>6^*;gi^X';ft.raft5;CS<S<3^^ State of County of On California San Diego / 'Date personally appeared . before me,Katharine K. James/ Notary Public Charles T. Glynn Name and Title of Officer (e g , "Jane Doe, Notary Public ) Name(s) of Signer(s) ^personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument (CATHERINE K. JAMES L Commission # 1601418 I Notary Public - California \ San Diego County I MyComm. Expires Aug 18,2009f WITNESS my hand and official seal Signature of Notai/ Bdliblic OPTIONAL Though the information below is not required by law, 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 \_MYuYlkL Document Date /?Q -r ddAJd ft/l)0r>'-/O/u^^jNumber of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name UW/6f /. D/lndividual <0 Corporate Officer T,tle(s) fficer ffr. &*& (/? D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other Signer Is Representing I* RIGHT THUMBPRINT '!' :- OF SIGNERi-£* Top of thumb here Signer's Name D Individual D Corporate Offic£ Title(s) D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservat< D Other / RIGHT THUMBPRINT OFSIGNER-' Signer Is Representing 5v5X;lSJli<^SvS«^^ © 1995 National Notary Association • 8236 Remmet Ave , PO Box 7184-Canoga Park, CA 91309-7184 Prod No 5907 Top of thumb here I iI I Reorder Call Toll-Free 1-800-876-6827 I I 1 BID SECURITY FORM (Check to Accompany Bid) SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word (NOTE- If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid ) Revised 10/08/03 Contract No 45001 Page 12 of 57 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 KNOW ALL PERSONS BY THESE PRESENTS: That we Good & Roberts, Inc. as Principal, and Insurance Co. of the West ( '" suretvweTield and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) _J^ ^^. for which payment well and truly made, we bind ourselves, our heirs, executors and adm.nistrators, 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: SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. ** At least ten percent (10%) of the bid amount, Revised 10/08/03 Contract No. 45001 Page 13 of 57 Pagas In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this ^th. day of December , 20_^_. PRINCIPAL: Good & Roberts. Inc. (name of By (sign here) Clf'„ nacM.iaa j..—ij.i.yi.>n (print name here) Executive Vice President Good & Roberts, Inc. (Title andr©r$aniza|on of Signatory) (sign here) Tim Umbarger (print name here) President - Good & Roberts, Inc. (title and organization of signatory) Executed by SURETY this of December 19th SURETY: Insurance of the West _. 2o_2i_..day (name of Surety) 11455 El Camino Real. San Diego, Ca. 92130 (address of Surety) (858) 350-2400 (telephone/number of Surety) /I 'By: XjAaUS . (signature 6f Attorney-fn-Fact) Sioux Munyon (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) - (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City A Revised 10/08/03 Contract No. 45001 Page 14 of 57 Pages ,r No 0001409 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint SIOUX MUNYON, ANNE WRIGHT, LAURA M. EHRLICH their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents In .witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005 INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D Sweeney, Assistant Secretary John L Hannum, Executive Vice President State of California County of San Diego ss On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L Hannum and Jeffrey D Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument Witness my hand and official seal MARYCOBB ICOMM. *16023 90 i NOTARY PUBUC-CMJRJBWA « SAN OIEGO COUNTY O M¥ Commission EypiftBB f SEPTEMBER 21X2009 I Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies "RESOLVED That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-m-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures, and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed The facsimile representations referred to herein may be affixed by stamping, pnnting, typing, or photocopying " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force IN WITNESS WHEREOF, I have set my hand this 19th day Of December ^ 2006 Jeffrey D Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 111 and ask for the Surety Division Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400 ACKNOWLEDGMENT State of California County of San Diego On 12/19/06 before me, N.I. Trusso, Notary Public (here insert name and title of the officer) personally appeared SIQUX Munyon personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Signature (Seal) GOOD a ROBERTS JNC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts com 2320 COUSTEAUCT .VISTA, CA 92083 8346 • 760 598 7614 FAX 5987659 CA LlC #377551 RESOLUTION OF BOARD OF DIRECTORS OF GOOD & ROBERTS, INC. RESOLVED, that Vice President of Project Procurement, Charles T Gl>nn is authorized and empowered to enter into contracts in the name and on behalf of the Corporation, upon such terms and conditions as may be agreed upon between him and said Company I, Elizabeth Good, do hereby certify that I am the duly elected and qualified Secretary and the keeper of the records and corporate seal of Good & Roberts, Inc., a corporation organized and existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation on March 7,1997, and that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have affixed my name as Secretary and have caused the corporate seal of said Corporation to be hereunto affixed, this 10th day of March 1997. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On /fc'J* Name and Title of Officer (e o^'Jane Doe, Notary Public'f, PAS& t? personally appeared f Name(s) of Signer(s) D personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument(CATHERINE K JAMES Commission # 1601418 Notary Public - California San Diego County MyComm. Expires Aug 18, 1 WITNESS my hand and official seal SignatureCo/Notary Public OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reanacnmem of rn/s form ro another document Description of Attached Document Be)Title or Type of Document Document Date / 7 Number of Pages Signer(s) Other Than Named Above ^Capacity(ies) Claimed by Signer(s) Signer's Name (_^rlf- D Individual Q^Corporate Officer Title(s) __ D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other T°P of thumb here Signer Is Representing Signer's Name //7"i B^orporate Officer Title(s) , ___ 7 D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator [H Other Top of thumb here Signer Is Representing Ii in 11 I I Vto k II«!I® x,NS?;i2^^5;^^e<^^S3e<i^^ © 1995 National Notary Association -8236 Remmet Ave PO Box 7184 • Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toil-Free 1-800-876 6827 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1 -2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work 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 Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. SPECIALTY ITEMS For the purposes of this contract, the City of Carlsbad designates the following items as "specialty items": Concrete work of any kind, wood manufacture and erection, mechanical/electrical/plumbing, signage, interior rough-in and finishes, lighting, appliances and installation of appliances, rough and finish carpentry, installation of carpet and wall treatments. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. Revised 10/08/03 Contract No 45001 Page 15 of 57 Pages 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 (after excluding "Specialty Items" as listed under the "Specialty Items" section above). Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 17777. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No 45001 Page 16 of 57 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Soft Demolition Hard Demolition Millwork Insulation Rpof |ng Doors /Frames /Harrhjaro Subcontractor Name and Location of Business C& Gemont Cuttinq- (jOSC, San-Biegov CA- .?/>JTPr«£- GxfTVjmpnt Cutrtiner Ct_)<TC- iSnn ni.Pnn .—^CA f*A_ \-rrz>^~>oaii u,n_yu, iu/i S/ JtfVyJL^lC,- t fa- «-" •«T-tona»_^/ji7v^>^vi//^rj«5i Mmcic4-#!kti^ j^--Cl& tr"*A i"*n/^yi luirfs-xx. t^o-r^t-fi .^/^>y/dC^ Schmid Insulation Poway,CA C&I Roofinq Spring Valley, CA Johnson, Barnes & Finch Lakeside, CA Amount of Work by Subcontractor in Dollars* ~ Subcontractor's License No.*_ Page l of.. pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids " Revised 10/08/03 Contract No. 45001 Page 17 of 57 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Glass & Glazinq Drywall Ceramic Tile &cnn =?1* i <•" Pea T linn Flooring Pa i nH nrj Subcontractor Name and Location of Business 'Ranr-hn O^fifi Vista, CA RDE La Mesa,CA DR Tile El Cajon, CA" " Acoustic Works Escondido , CA (*&- A&S-HPleGe'iftg && $&fcs »T j_ • 1 ^ • t ,~i .— * ^ \ n~ ^r-,JNai-ionul tJlCyvCA ^inMU^3ko Simmons Paint inc. Lakes ide,CA Amount of Work by Subcontractor in Dollars* ~ ~ Subcontractor's License No.*_ Page 2 of 4 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids" OauieoH 1 n/OR/03 Contract No 45001 Page 17 of 57 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0,5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Toilet Accessories Projectors & Projection Screens Fire Protection Plumbing HVAC: ^*1 ^<~*t*f ic5il Subcontractor Name and Location of Business Fry Specialty am***, r-a H. Toji & Como Lonq Beach, Pugliese Interior Systems Rancho Santa Margarita, CA Paramount Fire Systems Lakeside", ~CA " Peterson Plumbing Escondido,CA /-'&^nS3D-JM«»«shatrh-«41 CJ^OS'rtJ &9* Saa-BieetOrCA <&*$ /)&£/& Bergelectric Corp Escondido, CA Amount of Work by Subcontractor in Dollars* :A -rsfr Subcontractor's License No.*_ Page .3 of. 4 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids " 10/08/03 Contract No 45001 Page 17 of 57 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Fire/Life Safety Subcontractor Name and Location of Business Cosco Fire Protection Carlsbad, CA Amount of Work by Subcontractor in Dollars* Subcontractor's License No.*. Page 4 of.pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids " Revised 10/08/03 Contract No 45001 Page 17 of 57 Pages GOOD & ROBERTS, INC. " * GENERAL CONTRACTOR, SINCE 1979 goodandrgterts.com 1330 Park Center Drive . VISTA, CA 92083-8300 • 780 593.7614 FAX 598.7659 CA LlC. #377651 TELEFAX To: Kevin Davis Job Name: Senior Center Improvements Bid No.: PWS07-09REC Fax: (760) 602-8562 From: Jeff Gay Date: 1/24/07 # of Pages: 5 (Including cover) NOTES Please see the attached completed Subcontractor's Bid Items for the bid referenced above. Call me if you have any questions. __^_ IVd 90 = £T LOOZ/fZ/10 TOO® DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO, 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Soft Demolition Hard Demolition Mi 11 work Insulation Roofing.. DOOrs Thames /Harrtwar'A , ; '?'' S'ubcohtra^pr;Nanii8.'qnd 'i ' . Location of Business i, ' toroehp-p-p ^i-^tos Concrete Santee,CA License No: None Western States Concrete Santee,CA License No: None Institutional Cabinet Santee/CA License No: None Schmid Insulation Foway,CA License No;None C&I Roofina Spring Valley, CA License No: None Johnson/ Barnes & Finch Lakeside/ CA License No: None ,. Amount of •- M$rj£by Subcontractor '-'.. In Dollars* 521,484 $3,000 529,5001 - - $2,078 $4,200 $31,057 Subcontractor's License No.* Page — J, — of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(£)(A) California Public Contract Code, receipt of the Information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids.' Revised 10/08/03 Contract No. 45001 Page 17 of 57 Pages XVd 90:ST LQQZ/fZ/TQ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq, of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work In excess of one-half of one percent (0,5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Glass & Glazino Drywall Ceramic Tile JWwilsH f C^ailinn Flooring PairtHnrf "' ' I ' "' ' i ' '''"• I1 i Mil ' J 1 i 1, ! ; Subcontractbr Name and • "•'''' Location of Business , , 'Ranrrhn^lpnn ..•. ^ ' vista, CA License No: None RDE La Mesa,CA License No:Non@ DR Tile El Ca'jon, "CA~ " " "" License No: None Acoustic Works .Escondido, CA License No:None G.B. Sales San Dieao/CA License No: None Simmons Painting Lakeside, CA , .. . ,_„ License No: None , Amount of 'V#6rk'!by Subcontractor { ! in Dollars* $7,475 $44,000 $5,370 ~ ~ $23,174 568,790 514,975 Subcontractor's License No.* . Page 2 of _ I4. pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submfttad by the Bidder up to 24 hours after me deadline for submitting bids contained In the "Notice Inviting Bids." o coo® Contract No. 45001 Page 17 of 57 Pages IVd iO:ST LOOZ/tZ/10 DESIGNATION OF SUBCONTRACTOR AND . AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq, of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act" The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Tpjlet At^fa.q.^oH O.Q Projectors & Projection Screens Fire Protection Plurobinq HVAP pi c**^t*T""ifj3l_ Subcontractor Narrie and Location of Business ,-•' Fry Soecialtv s^nt-ae, ra H, Toii & CortiD Lena Beach , License No: None _._ Pugliese Interior Systems Rancho Santa Maraatrita, CA License No: None Paramount Fire Svstems Lakeside ; ~C£ " License No: 121378 P#M-f^soil P] i ifnh-i nrf Escondido,CA License No:None Johnson Controls San Dieao,CA License No:None Berqel^Ctric Core Escondido, CA License No:None Amount of W<?rkby Subcontractor in Dollars* 51,106 ^ $3, 880 $6,600 $13,119 S/lPf^OO $165,000 $37,123 Subcontractor's License No. Page .3 of . 4 pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Cade, receipt of the information preceded by an asterisk may be submtttod by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." 10/08/03 Contract No. 45001 Page 17 of 57 Pages IVd lO'ST LOOZ/tZ/10 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS 1 •• Portion of Work* Fire/Life Safety " •\V''Subc'bntrac^far':WMiie''s»ndli ,"''?: Location of Business ,: Cosco Fire Protection Carlsbad, CA License No: None "" " ' Amount of ':.' .foK»lfcbySubcontractor In Dollars* $19,961 ' ' ' Subcontractor's License No.* Page 4 of . pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to £4 hours after the deadline for submitting bids contained In the "Notice Inviting Bids." Revised 10/08/03 Contract No. 45001 Page 17 of 57 Pages (To Accompany Proposal) SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. See attached Annual Financial Statement Revised 10/08/03 Contract No 45001 Page 18 of 57 Pages -te GOOD & ROBERTS, INC. FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION WITH INDEPENDENT ACCOUNTANTS' REVIEW REPORT APRIL 30, 2005 GOOD & ROBERTS, INC. FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION TABLE OF CONTENTS APRIL 30, 2005 Independent Accountants' Review Report .... 1 Balance Sheet -2 Statement of Operations and Retained Earnings 3 Statement of Cash Flows 4 Notes to Financial Statements .... 5 Accountants'Compilation Report on Supplemental Information 12 Supplemental Information' Schedule 1 - Earnings on Contracts Schedule 2 - Completed Contracts Schedule 3 - Contracts in Progress Schedule 4 - Costs of Construction Schedule 5 - Operating Expenses Schedule 6 - Contracts Receivable Schedule 7 - Accounts Payable OUM ODENBERQ ULLAKKO MURANISHI & CO LLP 465 California Street, Suite 700 Certified Public Accountants & Consultants San Francisco California 94104 Telephone (415) 434-3744 i-icsmllle 1415) 788-2260 August 5, 2005 To the Board of Directors and Stockholder of Good & Roberts, Inc. INDEPENDENT ACCOUNTANTS' REVIEW REPORT We have reviewed the accompanying balance sheet of Good & Roberts, Inc. as of April 30, 2005 and the related statements of operations and retained earnings and cash flows for the fiscal year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of the Company. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with auditing standards generally accepted in the United States of America, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. ; GOOD & ROBERTS, INC BALANCE SHEET APRIL 30, 2005 ASSETS Current assets Cash and cash equivalents Contracts receivable Costs and estimated earnings in excess of billings on contracts in progress Deferred income taxes Other current assets Total current assets Property and equipment Furniture and fixtures Machinery and equipment Office machinery Autos and trucks Data processing equipment Leasehold improvements Less - accumulated depreciation Total property and equipment, net Other assets Assigned investment - restricted Deferred income taxes Total assets LIABILITIES AND STOCKHOLDER'S EQUITY 457,528 4,763,714 2,003,574 14,700 223,972 7,463,488 36,738 41,321 98,664 518,171 116,411 94,081 905,386 494,923 410,463 1,092,444 900 1,093,344 8,967,295 Current liabilities Accounts payable Billings in excess of costs and estimated earnings on contracts in progress Accrued expenses Income taxes payable Line of credit Notes from related party Notes payable, current portion Total current liabilities Other liabilities Notes payable, net of current portion Assigned investments payable Deposit Deferred incomes taxes Total liabilities Commitments and contingencies Stockholder's equity Common stock - no pai value, 10,000 shares authorized, 5,000 issued and outstanding Retained earnings Total stockholders equity Total liabilities and stockholder's equity 5,313,483 3,087 412,045 57,790 402,575 100,000 59,426 6,348,406 165,557 1,092,444 3,783 39,000 7,649,190 10,000 1,308,105 1,318,105 $ 8,967,295 See accompanying notes and independent accountants review report -2- GOOD & ROBERTS, INC. STATEMENT OF OPERATIONS AND RETAINED EARNINGS FOR THE FISCAL YEAR ENDED APRIL 30, 2005 Construction revenue Costs of construction Gross profit Operating expenses Income from operations Other income (expense). Interest and dividend income Interest expense Gain on the sale of assets Insurance income Rental income Total other income Income before income taxes Income tax provision Net income Retained earnings, beginning of fiscal year Payment of dividend Retained earnings, end of fiscal year $ 32,631,038 30,114,572 2,516,466 2,377,630 138,836 15,776 (30,595) 7,228 12,097 44,534 49,040 187,876 127,600 60,276 1,249,829 2,000 ~$ 1,308,105 See accompanying notes and independent accountants' review report -3- GOOD & ROBERTS, INC STATEMENT OF CASH FLOWS FISCAL YEAR ENDED APRIL 30, 2005 Cash flows from operating activities Net income Adjustments to icconcile net loss to net cash used in operating activities Depreciation Non-cash gams on disposal of assets Changes in assets and liabilities Contracts receivable Costs and estimated earnings in excess of billings on contracts in progress Other current assets Deferred taxes Accounts payable and billings in excess of cost Accrued expenses Income taxes payable Cash used in operating activities Cash flows from investing activities Purchase of property and equipment Proceeds from sale of assets Cash used in investing activities Cash flows from financing activities Payments on long-term borrowings Proceeds from borrowings Payment of dividend Cash provided by financing activities Change in cash and cash equivalents - Cash and cash equivalents, beginning of fiscal year Cash and cash equivalents, end of fiscal year 60,276 75,360 (7,228) (1,816,726) (1,082,331) (77,616) 53,200 3,001,535 (580,725) (19,710) (393,965) (337,028) 40,500 (296,528) (51,792) 368,962 (2,000) 315,170 (375,323) 832,851 457,528 Supplemental disclosure of cash flow information Cash paid for income taxes Cash paid for interest 94,110 30,595 See accompanying notes and independent accountants' review report -4- GOOD & ROBERTS, INC. NOTES TO FINANCIAL STATEMENTS NOTE 1 - Organization: Good & Roberts, Inc. (the "Company") is a California corporation organized in May 1979. The Company is a general contractor performing work on commercial and government contracts NOTE 2 - Summary of significant accounting policies: Revenue recognition The percentage-of-completion method of accounting for construction contracts is used in the financial statements Under this method, income is recognized as the work on the contract progresses Generally, such income represents the percentage of estimated total income that costs incurred to date bear to estimated total costs When current estimates of total contract costs indicate a loss on a contract, a provision is made in the financial statements for the entire estimated amount of the loss. Since profits or losses under this method are determined while the contracts are in progress and, therefore, before all items of revenues, costs, and expenses have been finalized, the profit or loss reported for a particular period may include adjustments resulting from revised contract prices and cost estimates Amounts earned on specific projects in excess of billings are treated as a current asset and billings in excess of earnings are treated as a current liability. Cash and cash equivalents Cash and cash equivalents includes cash on hand and cash held in banks, and highly liquid money market funds with maturities of three months or less at the date of acquisition. Property and equipment Property and equipment is carried at cost and depreciated using the straight-line method over the estimated useful lives of the individual assets, generally five years for machinery and equipment, vehicles, and leasehold improvements, and five to seven years for furniture and fixtures and data processing equipment. Contracts receivable Contracts receivable have been adjusted for all known uncollectible accounts An allowance for doubtful accounts is established when, in the opinion of management, collection of the account is considered doubtful. An allowance for doubtful accounts was not considered necessary at April 30, 2005 See independent accountants' review report 5 Income taxes The Company accounts for income taxes using the asset and liability approach Under the asset and liability method, deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carryforwards Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date The temporary differences that give rise to significant portions of deferred taxes are depreciation and charitable contributions Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, revenues, and expenses. Actual results may differ from these estimates Concentration of credit risk Financial instruments that could potentially subject the Company to credit risk consists primarily of cash balances held at well-established financial institutions in excess of $100,000 that are not federally insured Fair value of financial instruments The carrying value of the Company's financial instruments, including cash and cash equivalents, contracts receivable, contracts and estimated earnings in excess of billings on contracts in progress, accounts payable, billings in excess of costs and estimated earnings on contracts in progress, accrued liabilities and borrowings approximate their fair value. NOTE 3 - Contracts in progress: Contracts in progress consist of the following for the fiscal year ended April 30,2005: Costs incurred on contracts in progress $ 21,289,270 Estimated earnings 1,624,003 Total costs and estimated earnings 22,913,273 Less - billings to date 20,912,786 $ 2.000.487 Contracts in progress are included in the accompanying balance sheet under the following headings Costs and estimated earnings in excess of billings on contracts in progress $ 2,003,574 Billings in excess of costs and estimated earnings on contracts in progress 3,087 1.2.000.487 The following is an analysis of the Company's backlog of signed contracts' Backlog, beginning of fiscal year $ 10,493,245 New contracts and contract adjustments (net) 38,307,258 Revenue from contracts (32,631,038) Backlog, end of fiscal year $ 16,169,465. NOTE 4 - Line of credit: The Company has a $1,500,000 line of credit with Rancho Bernardo Community Bank, which expires on May 3, 2006. Interest on borrowings is at the bank's prime rate plus 1 5% (7.5% at April 30, 2005). The line of credit is secured by a general security agreement and is personally guaranteed by the stockholder and his family trust At April 30, 2005, advances against the line of credit totaled $402,575 NOTE 5 - Assigned investments: In October 2004, the sole stockholder of the Company assigned certain investment accounts to the Company to benefit the bonding capacity of the Company as requested by a certain customer. This investment is restricted and cannot be used by the Company for any other purpose The Company is to pay interest of 3 percent per annum, payable monthly, based on the current value of the investment accounts. As of April 30, 2005, the Company had not paid interest due on the assigned investment accounts The assigned investments are valued at $1,092,444 and reported as assigned investments-restricted and assigned investments payable on the accompanying balance sheet. NOTE 6 - Long-term debt: Long-term debt consists of the following at April 30, 2005 Note payable, Hohen Motors, Inc., payable in monthly installments of $1,799, including interest at 5%, due June 2009, collateralized by a vehicle with a net book value of $76,266 $ 80/987 Note payable, Hohen Motors, Inc , payable in monthly installments of $1,370, including interest at 5 5%, due December 2009, collateralized by a vehicle with a net book value of $91,573 67,520 Note payable, Encitas Ford, payable in monthly installments of $729, including interest at 6 5%, due October 2008, collateralized by a vehicle with a net book value of $27,168 27,333 Note payable, Encitas Ford, payable in monthly installments of $626, including interest at 6 5%, due November 2008, collateralized by a vehicle with a net book value of $27,168 23,481 Note payable, Encitas Ford, payable in monthly installments of $309, including interest at 6 5%, due December 2008, collateralized by a vehicle with a net book value of $16,973 12,055 Note payable, Chrysler Financial, payable in monthly installments of $536, including interest at 2.9%, due July 2006, collateralized by a vehicle with a net book value of $10,503 7,907 Note payable, Ford Credit, payable in monthly installments of $1,140, including interest at 0%, due September 2005, collateralized by a vehicle with a net book value of $19,152 5,700 224,983 Less - current maturities 59,426 Long-term debt, net of current portion $ 165,557 Maturities on long-term debt are due as follows for the fiscal year ending April 30 2006 $ 59,426 2007 51,817 2008 53,103 2009 46,696 2010 13,941 $ 224,983 NOTE 7 - Income taxes: Deferred income tax assets (liabilities) consist of the following at April 30, 2005 Current: Federal $ 12,000 State 2,700 Total Non-current: Federal $ (39,000) State 900 Total $ (38,100) The provision for income taxes consists of the following for the fiscal year ended April 30, 2005. Current income tax expense. Federal $ 50,760 State 23,640 74,400 Deferred income tax expense. Federal $ 47,900 State 5,300 53,200 Total $_ 127,600 The primary differences between the effective rate and the amount computed by applying the statutory federal income tax rate to earnings before income taxes relates to contributions, non-deductible expenses for income tax purposes, and adjustments to deferred tax assets and liabilities NOTE 8 - Related party transactions: Leases The Company leases office space from the sole stockholder under a lease that expired May 31, 2004, which then became a month-to-month lease on expiration. Total lease payments under the lease totaled $204,196 for the fiscal year ended April 30, 2005. On June 1, 2005 the lease was renewed for a two year period ending May 31, 2007 Monthly lease payments under the old and new lease are $15,500. The Company subleases a portion of its office space to an unrelated party under a sublease which expired March 2005. The Company entered into a new lease with the unrelated party which commenced March 15, 2005 and expires March 14, 2006. Monthly rental income under the new lease is $4,103 Total rental income was $44,534 for the fiscal year ended April 30, 2005 Future minimum rental income is as follows. Fiscal 2006 $ 43.082 Loans In January 2005, the Company's sole stockholder loaned the Company $100,000, interest free, due August 1, 2005 The Company repaid $25,000 in each of July and August 2005, and expects the remaining $50,000 balance to be paid by the end of October 2005 In October 2004, the Company's sole stockholder assigned certain investment accounts to the Company (see Note 5). NOTE 9 - Commitments: The Company has entered into various non-cancelable operating lease agreements for various equipment. The leases expire at various dates through March 2010. Total lease expense for the fiscal year ended April 30, 2005 was $27,259 under these leases The following is a schedule by years for future minimum rental payments required under the operating lease agreements. Fiscal year ending April 30, 2006 $ 15,909 2007 9,341 2008 3,956 Total future minimum rental payments $ 33,246 10 NOTE 10 - Economic dependency: Construction revenue The Company has derived a substantial portion of its revenue from one contract in fiscal 2005. Revenue related to this contract accounted for 41% of total construction revenue and 38% of total contracts receivable for the fiscal year ended April 30, 2005. 11 OUM ODENBERG ULLAKKO MURANISHI & CO LLP 465 California Street Suite 700 Certified Public Accountants & Consultants San Francisco Calirorma 94104 Telephone (415( 4:4 3744 facsimile (415) 788 2260 August 5, 2005 To the Board of Directors and Stockholder of Good & Roberts, Inc ACCOUNTANTS' COMPILATION REPORT ON SUPPLEMENTAL INFORMATION We have compiled the accompanying schedules of earnings on contracts, completed contracts, contracts in progress, costs of construction, operating expenses, contracts receivable, and accounts payable as of and for the fiscal year ended April 30, 2005 in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants A compilation is limited to presenting, in the form of financial statements, information that is the representation of management. We have not audited or reviewed the accompanying schedules and, accordingly, do not express an opinion or any other form of assurance on them. 12 GOOD & ROBERTS, INC. EARNINGS ON CONTRACTS - SCHEDULE 1 FISCAL YEAR ENDED APRIL 30, 2005 Revenue Costs of Gross Earned Construction Profit Contracts completed during the fiscal year $ 9,783,482 $ 8,800,747 $ 982,735 Contracts in progress 22,847,556 21,313,825 1,533,731 Total $ 32,631,038 $ 30,114,572 $ 2,516,466 See accountants' compilation report on supplemental information CN Wrj S Q ° giss~ "? 5£ <f> < n < w f*\ CM O§ £ zu 2 ui ^ O KQ O < 8 2 " " (U «£ ^ Ufe 52l£ r.0U •a 13 Ln & 1 >-* — aj £ 5 ° OUH o I s2 o-*- r*Q. .4; Ou enC i E cx S "^UH "uS'S6 "oH VI "~0 *J u £ c^ 2 0 i o t?U coU S -gC **^ £> ™ wi •*•• S 1 U B, CO ui a a §o(J venueirneda. « S5 S ^ £ Ul ^"o ~Su £ 1 I 1 =•g ya I C 0 D- u uD ContractoZ £ TT O S 596,4163 ons6 , 0m in S§2,243,549g CO S"-* !& (N 73 cS £SeaWorld Caribe[N0 o So" sO_1 072 349S o g 3 CO C^ SO S g 3 CO r~l So" sO 3 TJ3 S Vender Spek Offlf> S c-^sfx •H S 1 ts." 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S asco 1 tf> § 25 CO M 0 „ 99V'7'T9I79V9SSSSSSS3S3 79!??^ GOOD & ROBERTS, INC. COSTS OF CONSTRUCTION - SCHEDULE 4 FOR THE FISCAL YEAR ENDED APRIL 30, 2005 Costs of construction Subcontractors $ 25,395,697 Labor 3,355,175 Material 934,387 Other 429,313 Total costs of construction $ 30,114,572 See accountants' compilation report on supplemental information GOOD & ROBERTS, INC. OPERATING EXPENSES - SCHEDULE 5 FOR THE FISCAL YEAR ENDED APRIL 30, 2005 Operating expenses Payroll taxes Insurance Salaries - office Estimating salaries Vacation, holiday, and sick pay Rent Bonuses Advertising Salaries - field Depreciation Outside services Data processing Safety Office Miscellaneous Estimating expenses Dues, magazines, books Repairs and maintenance Utilities Professional fees Communications Promotion Postage Bad debts Applied overhead Total operating expenses 605,061 575,258 509,269 402,843 242,861 204,196 137,000 81,009 78,254 75,360 63,096 61,532 38,177 37,312 31,747 30,926 28,421 25,296 23,941 16,251 14,905 12,545 7,792 177 (925,599) $ 2,377,630 See accountants' compilation report on supplemental information GOOD & ROBERTS, INC. CONTRACTS RECEIVABLE - SCHEDULE 6 APRIL 30, 2005 Description Alfa Scientific Designs (523) Bergelectric Corp (519) CSU San Marcos (350) CP Kelco U S , Inc (1) City of San Marcos (487) Gen-Probe Inc (16) General Atomics (2) General Atomics Aeronautical Systems (521) Guidant (517) Joe Carta Realty (458) Jones Lang LaSalle Americas, Inc (502) Magdelena Ecke YMCA (444) Northrop Grumman Space & Mission (503) Prennss Properties (500) Pure Fitness (519) RREEF Real Estate Investment Mangrs (464) Rexford Industrial (522) Schumacher Air Products (501) Sea World (470) University of California, San Diego (486) Vander Spek & Corsello CPA's (456) Wells Fargo Bank-S F (471) West Coast Air Conditioning Zimmer Dental, Inc (491) Contracts receivable less than $1,000 Current $ 219,418 30,047 - 16,505 16,402 1,474,447 51,130 14,269 303,185 - 22,536 - 21,668 6,887 20,551 36,455 82,829 2,487 6,803 - - 127,940 - 22,476 902 $ 2,476,936 +30 Days +60 Days +90 Days $ 38,316 $ - $ 50,579 7,131 2,507 31,288 - 2,712 146,376 1,841 35,922 - 11,133 51,060 153,707 48,969 7,927 - - 24,077 29,151 78,844 558 - 29,266 57,297 1,021 20,065 . 29,920 20,545 32,010 8,009 (11,905) - 241,272 - . 201,423 22,597 - $ 812,693 $ 266,301 $ 294,624 Total $ 257,734 80,625 9,638 50,505 162,778 1,476,288 98,186 65,329 505,860 7,927 22,536 - 45,745 115,440 20,551 124,039 102,894 2,487 36,723 60,563 229,367 127,940 - 246,495 902 $ 3,850,554 Retention $ 14,720 18,325 - - - 603,153 - - 56,207 - 2,504 108,863 - 36,051 - 39,933 11,433 - - 20,546 - - 1,425 - - $ 913,160 See accountants' compilation report on supplemental information GOOD & ROBERTS, INC. ACCOUNTS PAYABLE - SCHEDULE 7 APRIL 30, 2005 Description DSD Mechanical Cement Cutting, Inc. Ickler Electric Corporation Angus Asphalt West Coast Air Cond , Inc Pacific Run Mechanical Berg Electric Hazard Construction Co. Greater San Diego Air Conditioning Monroe Companies G D Heil, Inc Thunder-Jones Contstruchon Ground Prime Electric California Comfort System USA Green Building Technologies Site Development Studios, Inc Ledcore Petty Contstruction LP Accounts Payable < $45,000 ID NO 275 321 1062 1114 1120 1431 1436 1536 1538 1853 1942 2105 2618 2745 2867 2872 2887 Current $ 42,583 61,073 29,621 109,098 95,000 174,338 113,242 375,728 61,787 46,010 46,470 83,858 146,375 73,216 72,993 83,410 2,035,128 659,992 $ 4,309,923 Retention $ 15,008 9,318 67,977 24,508 28,911 67,613 13,633 93,558 4,597 2,616 830 24,851 13,695 8,135 4,719 16,195 430,777 176,618 $ 1,003,560 Total $ 57,592 70,391 97,598 133,606 123,911 241,952 126,874 469,286 66,384 48,626 47,300 108,710 160,070 81,351 77,712 99,605 2,465,905 836,611 $ 5,313,483 See accountants' compilation report on supplemental information BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) SEE ATTACHED LIST SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed 1 -- ______ Name and Address of the Employer __ Name and Phone No. of Person to Contract Type of Work . Amount of Contract Revised 10/08/03 Contract No 45001 Page 19 of 57 Pages GOOD ft ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE . VISTA, CA 92081 « 760 598 7614 FAX 598 7659 CALic #377551 CONSTRUCTION PROJECTS Name of Project: Location Owner of Project Original Contract Amount Completion Date Reference Telephone Number Fax Number Concordia Lutheran Church Complex Discovery Falls Drive and Birch Road Chula Vista, CA 91911 Concordia Lutheran Church $12,000,000 (anticipated) Design build in progress 2007 Conley Robinson 6192604568 619482 1806 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number General Atomics Building 85 12889 Gregg Court Poway, CA 92064 General Atomics $633,101 $ 0 $633,101 2007 Sue Odom 858 455 2560 8584554415 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Motorola 6420-6450 Sequence Drive San Diego, CA 92121 Motorola $5,000,000 (approximate) $ 0 $5,000,000 2007 Tim Matthies 858 578 2222 6197722739 Name of Project: Location Owner of Project Original Contract Amount Completion Date Reference Telephone Number Fax Number Solar Turbines 4200 Ruffm Road San Diego, CA, 92123 Solar Turbines $8,000,000 (anticipated) Design build in progress 2007 Ray Hartmayer 858 292 3066 8587152056 GOOD & ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts com 1330 PARK CENTER DRIVE • VISTA, CA 92081 « 760 598 7614 FAX 598.7659 CA Lie. #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number. Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Rexford First American Way 12345 First American Way Poway, CA 92064 Rexford Industrial Realty & Management Co $1,102,899 $ 81,966 $1,184,865 2006 Rebecca Wedemeyer 310 966 3812 ext 112 310966 1690 CSUSM School of Nursing 120 Craven Road San Marcos, CA 92069 Palomar Pomerado Health District $1,229,750 $ 17,557 $1,317,307 2006 Bill Adams 760 739 3438 760 738 3904 General Atomics Building 16969 Mesammt Street San Diego, CA 92121 General Atomics $5,531,966 $ 380,007 $5,911,973 2006 Carl Brown 858 455 3292 858 455 4375 Guidant Cryogenics Tank 26531 Ynez Road Temecula, CA 92589 Guidant Corporation $828,224 $ 0 $828,224 2007 Mark Elledge 951 9142764 951 9142106 86 GOOD ft ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts com 1330 PARK CENTER DRIVE • VISTA, CA 92081 . 760 598 7614 FAX 598 7659 CA Lie. #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Guidant West Phase III Amenities 42301 Zevo Drive Temecula, CA 92589 Guidant Corporation $1,017,700 $ 12,143 $1,029,913 2006 Mark Elledge 951 9142764 951 9142106 Guidant Electrical Substation Enclosure 26531 Ynez Road Temecula, CA 92589 Guidant Corporation $747,232 $108,766 $855,998 2007 Aaron Kendnck 951 9146572 951 9142106 SeaWorld Restroom Building 500 SeaWorld Drive San Diego, CA SeaWorld $1,225,197 $ 96,713 $1,321,910 2006 Darlene Walter 6192263626 6192263999 SeaWorld Beluga Exhibit 500 SeaWorld Drive San Diego, CA SeaWorld $561,534 $ 31,557 $593,091 2006 Darlene Walter 6192263626 6192263999 GOOD ft ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE • VISTA, CA 92081 « 760 598 7614 FAX. 598 7659 CALic #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Arena Pharmaceuticals Data Center 6166 Nancy Ridge Drive San Diego, CA 92121 Arena Pharmaceuticals $485,426 $ 21,484 $506,910 2006 Ned Messer 858 453 7200 ext 1248 8584537210 Rexford Pioneer Renovation 2575 Pioneer Avenue Vista, CA 92081 Rexford Industrial Realty & Management Co $741,382 $121,828 $863,210 2006 Lori Woodcock 310966 1680 ext 115 310966 1690 Photon Research Associates 9985 Pacific Heights Boulevard San Diego, CA 92121 Photon Research Associates $1,698,786 $ 130,028 $1,828,814 2006 Sonya Vitali 858 455 9741 858 552 0697 Gen-Probe 1 R&D Remodel 10210 Genetic Center Drive San Diego, CA 92121 Gen-Probe, Inc $905,105 $ 30,826 $935,931 2007 Michael Fredericksen 8584108000 8584108166 GOOD ft ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE • VISTA, CA 92081 • 760 598 7614 FAX 598 7659 CALic #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Gen-Probe Campus Facilities Phase 2 6333 Sequence Drive San Diego, CA 92121 Gen-Probe, Inc $22,060,514 (Shell) $18,518,466 (Tenant Improvements) $40,578,980 2006 Michael Fredencksen 8584108000 8584108166 Guidant Corporation DES Lab 26531 Ynez Road Temecula, CA 92589 Guidant Corporation $1,884,089 $0 $1,884,089 2006 Aaron Kendnck 951 9146572 951 9142106 Cajon Valley Middle School Joint Use Gymnasium 395 Ballantyne Street El Cajon, CA 92020 $757,000 $0 $757,000 2005 John Krueger 619561 8000 619561 3743 Pure Fitness Health Club 6215 El Cammo Real Carlsbad, CA 92008 Pure Fitness $4,190,102 ($ 55, 876) (Owner deleted scope) $4,134,226 2005 Michael London 6192335337 6192339249 GOOD & ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE . VISTA, CA 92081 • 760 598 7614 FAX 598 7659 CALic #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number UCSD 3rd Floor Link Administrative Offices 200 West Arbor Drive San Diego, CA 92103 The Regents of the University of California $334,700 $0 $334,700 2005 Randy Leopold 858 534 8901 858 534 4363 Alfa Scientific Designs Tenant Improvements 13200 Gregg Street Poway, CA 92064 Alpha Scientific Designs, Inc $862,291 $0 $862,291 2005 Naishu Wang 8585133888 8585138388 Zimmer Dental Tenant Improvements 6221 El Cammo Real Carlsbad, CA 92009 Zimmer Dental, Inc $3,268,323 $280,830 $3,549,153 2005 Mark Shaw 7609294141 760431 7811 UCSD Ritter Hall Basement Scripps Oceanography Service Yard La Jolla, CA 92037 The Regents of The University of California $37,734 $19,083 (Owner generated changes) $56,817 2005 Ted Aguilar 858 822 5620 858 822 4088 GOOD a ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE • VISTA, CA 92081 • 760 598 7614 FAX 598 7659 CA Lie. #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders to Date Revised Contract Amount to Date Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number UCSD Price Center Co-op UCSD Campus La Jolla, CA, 92093 The Regents of The University of California $44,196 $ 1,845 $46,041 2005 Pnma Goldberg 858534 1975 858 537 4363 UCSD Chemistry Research Building UCSD Mam Campus La Jolla, CA 92093 The Regents of The University of California $298,918 $0 $298,918 2005 Gordon McLachlan 858 534 0309 858 822 4088 General Atomics Building 84 3483 Dunhill Street San Diego, CA 92121 General Atomics $905,732 $ 52,403 (Owner generated changes) $958,135 2004 Carl Brown 858 455 3292 858 455 4375 California State University, San Marcos Parking Lot K California State University, San Marcos San Marcos, CA 92069 The Trustees of California State University $394,900 $ 50,356 (Owner generated changes) $445,256 2005 Chuck Walden 760 750 4000 760 801 5929 GOOD & ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE • VISTA, CA 92081 • 760 598 7614 FAX 598 7659 CALic #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number UCSD IGPP 1 Munk Lab Scripps Research Institute La Jolla, CA 92037 The Regents of The University of California $38,831 $ 1,725 $40,556 2004 Tom Moore 8585340310 858 822 4088 UCSD Student Health & Wellness Center Interior Renovations UCSD Mam Campus La Jolla, CA 92093 The Regents of The University of California $366,300 $43,011 (Owner generated changes) $409,311 2004 Chris Cocallas 858 534 4094 858 534 4363 UCSD McGill Hall, Rooms 4117, 4331, 4140 UCSD West Campus La Jolla, CA 92093 The Regents of The University of California $24,739 $22,427 (Owner generated changes) $47,166 2004 Gordon McLachlan 858 534 0309 858 822 4088 UCSD Shiley Eye Center UCSD Medical Center La Jolla, CA The Regents of The University of California $69,815 $ 1,257 $71,072 2004 Gordon McLachlan 858 534 0309 858 522 4088 GOOD a ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE • VISTA, CA 92081 « 760.598.7614 FAX: 598.7659 CA Lie. #377551 Name of Project. Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number ISIS cGMP Laboratory 2282 Faraday Avenue Carlsbad, CA 92008 ISIS Pharmaceuticals $10,938,580 $ 110,233 $11,048,813 2003 Wayne Sanders 760 931 9200 760 603 0265 The Cherry Hills Club Assisted Living Facility 28333 Valley Boulevard Sun City, CA 92586 Goldman Sachs Company $2,118,625 $2,669,946 (Owner generated changes) $4,788,573 2003 Chuck Heron 650 297 9867 650738 1993 Deer Park Monastery 2499 Melru Lane Escondido, CA 92029 Unified Buddhist Church, Inc $1,307,162 $ 187,316 (Owner generated changes) $1,494,478 2003 Brother Phap Dung (pronounced Fab Yung) 760291 1003 760291 1172 Invitrogen New Offices 1600 Faraday Avenue Carlsbad, CA 92008 Invitrogen $1,195,465 ($ 25,240) (GMAX savings) $1,170,225 2002 Troy Gardner 760 603 6404 760 476 6867 GOOD & ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE • VISTA, CA 92081 • 760 598 7614 FAX 598.7659 CA Lie. #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Wells Fargo Bank - Carlsbad 5857 Owens Avenue Carlsbad, CA 92008 Wells Fargo Bank $441,238 $41,597 (Owner generated changes) $508,075 2002 Susan Ambrosia 949 768 6709 949 768 3554 BF Goodrich Building 33 Cafeteria 850 Lagoon Drive Chula Vista, CA 91910 Goodrich Aerostructures Group $470,427 $ 41,730 (Owner generated changes) $512,157 2002 Paul Sackos 619691 3269 619691 3597 ISIS Legal and Patent Offices 1890 Rutherford Road Carlsbad, CA 92008 ISIS Pharmaceuticals $663,817 ($ 56,886) (GMAX savings) $663,000 2002 Wayne Sanders 760 931 9200 760 603 0265 Clear Channel Radio Stations 9660 Granite Ridge Drive San Diego, CA 92123 Clear Channel Communications $3,821,876 $ 543,268 (Owner generated changes) $4,365,144 2001 Mike Ghckenhaus 602 241 3335 602 241 3353 GOOD & ROBERTS, INC. GENERAL CONTRACTOR, SINCE 1979 goodandroberts.com 1330 PARK CENTER DRIVE • VISTA, CA 92081 « 760 598 7614 FAX 598 7659 CA Lie. #377551 Name of Project: Location Owner of Project Original Contract Amount Total Change Orders Final Contract Amount Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Total Value of Construction Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Total Value of Construction Completion Date Reference Telephone Number Fax Number Name of Project: Location Owner of Project Total Value of Construction Completion Date Reference Telephone Number Fax Number Dow Chemical/Dow AgroSciences 4980 Carroll Canyon Road San Diego, CA 92121 Dow Chemical Company $5,584,474 $1,002,519 (Owner generated changes) $6,586,993 2001 Jim Stegman 925 432 5559 925 432 5437 Callaway Golf Multiple Projects Small TIs through New Buildings Rutherford Road Carlsbad, CA 92008 Callaway Golf Company Projects up to $5,000,000 On-going (contracts since 1991) Mike Majors 760931 1771 760 930 5034 General Atomics Miscellaneous Projects 3550 General Atomics Court San Diego, CA 92121 General Atomics Projects up to $1,000,000 On-going (contracts since 1982) Mary Scanlan 858 455 3325 858 455 4375 Union Bank of California Branches Multiple locations within San Diego County Union Bank of California Average contract $400,000 Most recently completed in 2005 Jim Pontarelli 858 597 8672 858 597 4667 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Me"et the conditrarTs "stated~in"Trre~Nbtice~rnviting 'Bids; the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. 45001 Page 20 of 57 Pages ACORD CERTIFICATE OF LIABI PRODUCER Phone (858)748-1357 Fax (858)748-4278 BAUER INSURANCE SERVICES, INC 13750 DANIELSON STREET SUITE 200 ROW AY CA 92064-8851 Agency Lie* OD78361 INSURED GOOD & ROBERTS, INC 1330 PARK CENTER DRIVE VISTA, CA 92081 LITY INSURANCE DATE (MM/DD/YYYY) 03/19/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURER A SCOTTSDALE INS CO " A+ XV" INSURERS SCOTTSDALE INS CO "A+ XV" ^£-5<^E NAIC# 41297 41297 INSURER C INSURER D INSURER E 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 MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'LTR INSRD TYPE OF INS|JRANCE POLICY NUMBER 1 GENERAL LIABILITY BCS0014199 X ; COMMERCIAL GENERAL LIABILITY! 1 j CLA A 1 GENL AGGREC I POLICY IMS MADE! X | OCCUR 3ATE LIMIT APPLIES PER X j JERCT I LOC AUTOMOBILE LIABILITY ANY AUTO ' ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS 1 NON-OWNED AUTOS ._ GARAGE LIABILITY ANY AUTO EXCESS I UMBRELLA LIABILITY X , OCCUR 1 CLAIMS MADE A i ! DEDUCTIBLE ' | RETENTION $ XLS0038524 1 WORKERS COMPENSATION AND {EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY EFFECTIVE DATE (MM/DD/YY) 11/27/06 11/27/06 POLICY EXPIRATION DATE (MM/DD/YY) 11/27/07 11/27/07 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AQG EACH OCCURRENCE AGGREGATE S 1,000,000 |$ 100,000 $ Not Included $ 1,000,000 s 2,000,000 $ 2,000,000 $ $ $ $ $ $ $ I 10,000,000 S 10,000,000 $ !$ $ j WC STATU | I TORY LIMITS jumtK EL EACH ACCIDENT $ EL DISEASE-EA EMPLOYEE E L DISEASE-POLICY LIMIT IS $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD PUBLIC WORKS PURCHASING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 Attention KEVIN DAVIS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT AUTHORIZED REPRESENTAT-tV~E ~^X si ^ y^^/rJ^a)^^^ ACORD 25 (2001/08)Certificate* 16868 ©ACORD CORPORATION 1988 SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #16868 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS AS PERTAINS TO WORK UNDER CONTRACT FOR PROJECT CITY OF CARLSBAD SENIOR CENTER IMPROVEMENTS, 799 PINE AVENUE, CARLSBAD, CA 92008 (PROJECT #45001) PER ATTACHED UTS-3G-01 (3-92), CG 20 37 07 04, CG 24 04 10 93, CG 20 33 07 04 THE IOLLOWING IS NAMED AS ADDITIONAL INSURED " THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS" ' IS UNDERSTOOD AND AGREED THAT THE POLICY TO WHICH THIS CERTIFICATE REFES MAY NOT BE CANCELED, MATERIALLY CHANGES, NOR THE AMOUNT OF COVERAGE THEREOF REDUCED UNTIL TEN (10) I CANCELLATION OR REDUCTION IN COVERAGE BY THE CITY CLERK OF THE CITY OF i i DAYS AFTER RECEjeT-OJLWRraEN.NOJ.ICE.OF OF CARLSBAD fflRBVISED:CERTIF.,ICATE** §\_~ '^LJ...!!.,* ,_^ --^ *-- ' ^» Certificate # 16868 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including. a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions, or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional m- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project CG 20 33 07 04 © ISO Properties, Inc, 2004 Page 1 of 1 D POLICY NUMBER: BCS0014199 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMIPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s): City of Carlsbad, its officials employees and volunteers Location And Description Of Completed Operations City of Carlsbad Senior Center Improvements, 799 Pine Av, Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 D POLICY NUMBER- BCSO 014199 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 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 officials, employees and volunteers (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 (Section IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following We waive any 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 included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Servic.es Office, Inc., 1992 Page 1 of 1 D SCOTTSDALE INSURANCE COMPANY* ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER BCS0014199 ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) 11-27-06 NAMED INSURED GOOD & ROBERTS, INC. AGENT NO. 04782 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following forms: Additional Insured - Owners, Lessees Or Contractors - Automatic Status When Required In Construction Agreement With You (CG 20 33 07/04) Additional Insured - Owners, Lessees Or Contractors - Completed Operations (CG2037 07/04) The insurance provided by these endorsements shall be primary and noncontributory. UTS-3g-01 (3-92) AUTHORIZED REPRESENTATIVE DATE CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE ANGELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that |3 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloommgton, Illinois D STATE FARM FIRE AND CASUALTY COMPANY of Bloommgton, Illinois D STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas D STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or D STATE FARM GUARANTY INSURANCE COMPANY of Bloommgton, Illinois has coverage in force for the following Named Insured as shown below NAMED INSURED Good & Roberts Inc. ADDRESS OF NAMED INSURED 1330 PARK CENTER DR Vista CA 92081 POLICY NUMBER EFFECTIVE DATE OF POLICY DESCRIPTION OF VEHICLE (Including VIN) LIABILITY COVERAGE LIMITS OF LIABILITY a Bodily Injury Each Person Each Accident b Property Damage - Each Accident ' c Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES a Comprehensive b Collision EMPLOYERS NON-OWNED CAR LIABILITY COVERAGE HIRED CAR LIABILITY COVERAGE FLEET - COVERAGE FOR ALL OWNED AND LICENSED MOTOR^/EHICLES 121 6049 B12 55A 2/07-8/07 05 FORD RANGER [3 YES D NO 1MM 1MM - 1MM- 13 YES D NO $ 500 Deductible 13 YES D NO $ 500 Deductible D YES 13 NO D YES $3 NO D YES 13 NO 106 1146 E04 55A 11/06-5/07 04 FORD 150 IEI YES D NO 1MM 1MM 1MM 03 YES D NO $ 500 Deductible 13 YES D NO $ 500 Deductible D YES 13 NO D YES [3 NO D YES 13 NO 106 1145 E04 55A 11/06-05/07 04 FORD F150 13 YES D NO 1MM 1MM 1MM 13 YES D NO $ 500 Deductible 13 YES D NO $ 500 Deductible D YES [3 NO D YES 13 NO D YES 13 NO 552 7540 BOS 55E 2/7-8/7 NON- OWNED 13 YES D NO 1MM 1MM 1MM 13 YES D NO $ 500 Deductible 13 YES D NO $ 500 Deductible 13 YES D NO D YES 13 NO D YES 13 NO Agent 55-3187 03/26/07 Signature of Autnonzed Representative Name and Address of Certificate Holder Title Agent's Code Number Name and Address of Agent Date City Of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Attn: Kevin Davis City of Carlsbad Senior Center Improvements 799 Pine Avenue Carlsbad, CA 92008 Pam Harrison, Agent, State Farm Insurance 4407 Manchester Ave #101, Encinitas CA 92024 760-753-4944 "Coverage under this policy shall be primary and noncontributing with any other insurance available to the City of Carlsbad" INTERNAL STATE FARM USE ONLY D Request permanent Certificate of Insurance for liability coverage 122429 3 Rev 07-26-2005 El Request Certificate Holder to be added as an Additional Insured POLICYHOLDER COPY SD COMPENSATION INSURANCE PO BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE' 10-04-2006 GROUP 000333 POLICY NUMBER 0000345-2006 CERTIFICATE ID 559 CERTIFICATE EXPIRES 10-01-2007 10-01-2006/10-01-2007 CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVE CARLSBAD CA 92008-7314 SD JOB:ALL OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy H-VI^/ HORIZED REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS. $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - JACK GOOD CEO - EXCLUDED. ENDORSEMENT #1600 - ELIZABETH GOOD SEC.TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY EMPLOYER GOOD & ROBERTS, INC 1330 PARK CENTER DR VISTA CA 92081 SD IREV 2-05) [B17.SD] PRINTED : 10-04-2006 POLICYHOLDER COPY SO COMPENSATION INSURANCE PO BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-04-2006 GROUP OO0333 POLICY NUMBER 0000345-2006 CERTIFICATE ID 584 CERTIFICATE EXPIRES 10-01-2007 10-01-2006/10-01-2007 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed hereia Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy JTHORI2ED REPRESENTATIVEO PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,OOO,OOO PER OCCURRENCE. ENDORSEMENT #16OO - JACK GOOD CEO - EXCLUDED. ENDORSEMENT #1600 - ELIZABETH GOOD SEC.TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLEp(j|/AJVER OF SUBROGATIOrr"kFFECTIVE 2006-10-04 IS ATTACHED TO AND FORMS A PARTU> fHli, KJL1CY. IMITO PARTY NAME: EMPLOYER GOOD & ROBERTS, INC 1330 PARK CENTER DR VISTA CA 92081 SD (REV 2-06) [B17.SDJ PRINTED 10-04-2OO8 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? x yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. N/A party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Good & Roberts, Inc. (name of Contractor) (skjfThere) Charles T. Glynn, Executive Vice President (print name/title) Page 1 of i pages of this Re Debarment form Revised 10/08/03 Contract No 45001 Page 21 of 57 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? N/A yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? x yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? N/A yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page i of 2 pages of this Disclosure of Discipline form Revised 10/08/03 Contract No 45001 Page 22 of 57 Paqes BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 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. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Good & Roberts/ Inc. (name of Contractor) By: ^_ . (sign here) Charles T. Glynn, Executive Vice President (print name/title) Page 2 of ?_ pages of this Disclosure of Discipline form Revised 10/08/03 Contract No 45001 Page 23 of 57 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 State of California County of )) ss. ) Charles T. Glynn (Name of Bidder) and says that he or she is Executive vice President _, being first duly sworn, deposes (Title) Of Good & Roberts, Inc. (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed "contract;" that all "statements contained in the bid are true; and,-further, that the bidder has~not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the jZZ/^ day of ,-JknJAfU , 20 0"~l.\rtA Signature of Bidder Charles T. Glynn, Subscrib 'e ;am ft (NOTARY SEAL) before me on Revised 10/08/03 Contract No 45001 Page 24 of 57 Pages JURAT State of California County of San Diego Subscribed and sworn to (or affirmed) before me this day_gf JtinUVM ^do"? by Chtif Us 77^yj^i, ^__^' UU-llSLN "I / /XU/ w J ^ 1 ^-, ,^v, — . . ^, . . _"personally known to me)-er • proved to mo on the basis of satisfactory ©vteteftee to be the person(s) who appeared before me. L. K s Signature of Notafy KATHf RINE K. JAMES Commission #1601416 Notary Public - California San Diego County My Comm. Expires Aug 16.2009? (Seal) h 1 City of Carlsbad Public Works December 14, 2006 ADDENDUM NO. 1 RE: SENIOR CENTER IMPROVEMENTS, PROJECT NO.: 45001 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: January 23, 2007 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. KEVIN DAVIS Buyer I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 illEP DEC 1 8 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-273O - FAX (76O) 6O2-8562 ADDENDUM NO. 1 Change of Bid Date SENIOR CENTER IMPROVEMENTS AS PART OF CONTRACT NO. 45001 BID NO. PWS07-09REC City of Carlsbad Carlsbad, California December 13, 2006 NOTICE INVITING BIDS First Sentence, revise to say -Until 2:00 p.m. on January 23, 2007. 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: Interior Remodeling of portions of the existing Carlsbad Senior Center for expanded recreational facilities and office space ALL BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS SHALL APPLY TO THIS ADDENDUM AS ORIGINALY INDICATED IN THE APPLICABLE PORTIONS OF THE CONTRACT DOCUMENTS, UNLESS OTHERWISE MODIFIED BY FUTURE ADDENDA City of Carlsbad Public Works January 16, 2007 ADDENDUM NO. 2 RE: SENIOR CENTER IMPROVEMENTS BID NO. PWS07-09REC, CONTRACT NO. 45001 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 602-8562 January 16, 2007 ADDENDUM NUMBER TWO City of Carlsbad PROJECT: SENIOR CENTER IMPROVEMENTS, CONTRACT NO. 45001 TO ALL PRIME CONTRACT BIDDERS OF RECORD: NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies the original drawings and specification. Portions of the Contract Documents not specifically mentioned in this Addendum remain in force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes, deletions, or additions. ITEM NO. ONE: Pg.2 of 57 of the specifications book, "PREBID INFORMATION REQUESTS AND QUESTIONS FROM BIDDERS, paragraph 6, "City of Carlsbad will discontinue to receive and shall not respond to any further questions and inquiries received after 12:00 pm, Wednesday, December 13, 2006"; REVISE TO READ shall not respond to any questions and inquiries received after 5'OQ pm on January 18, 2007. ITEM NO. TWO: There are no modifications to the fire alarm system. Specific head locations may need to be relocated to accommodate plan. Contractor must field verify prior to bid. ITEM NO. THREE: ADD THE FOLLOWING: REMOVE AND REPLACE (2)PACKAGE HEAT PUMPS AND ASSOCIATED HVAC SYSTEM COMPONENTS AT THE CARLSBAD SENIOR CENTER 1. Contactor shall remove and legally dispose of (2) Heat Pump rooftop package units from the roof of the Senior Center and shall provide and install one (1) Carrier M# 50QHJQ012—5 and one (1) Carrier M#50HJQ016—5 unit as replacement units. Contactor shall anchor the units per the manufacturer's instructions and shall provide curb adaptors and shall provide proper sealing of the equipment to the roof. 2. Contactor shall provide and install two (2) Micro Met a I economizers (*or approved equal) with filter racks and controls. 3. All outdoor coils on this equipment must be treated with Thermogaurd coating (*or approved equal) to prevent corrosion. 4. Contactor shall remove the existing service disconnects and replace them with Siemans GF222NR (*or approved equal). 5. Contactor shall connect the new units to the existing thermostats. 6. Contactor shall perform all electrical, mechanical, refrigerant tubing and other connections to the new equipment and shall provide start up of the new package units. Contactor shall demonstrate proper operation of all units. 7. The Senior Center shall not be left without air conditioning for more than 48 hours. The Contractor shall schedule and prosecute the work with City of Carlsbad facility maintenance department. *Equals and Approvals. Where the words "equal, "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. END ADDENDUM NO. 2 CONTRACT PUBLIC WORKS This agreement is made this /*3' **" day of _ by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and GOOD & ROBERTS. INC. whose principal place of business is 1330 PARK CENTER DRIVE VISTA CA 92081-8346 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for. SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting'Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner' Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and the 1998 and 1999 supplements thereto, (INSERT THE EDITION DATE FOR THE SSPWC AND SUPPLEMENT DATES (IF ANY) hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Revised 10/08/03 Contract No. 45001 Page 25 of 57 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 10/08/03 Contract No 45001 Page 26 of 57 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. Revised 10/08/03 Contract No 45001 Page 27 of 57 Pages a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. oRevised 10/08/03 Contract No 45001 Page 28 of 57 Pages 1 1 . Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1 .5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (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 deliberatCignprance of the false information or in reckless disregard of the truth or falsity of the information. *- " -• t (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing 'of a -false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 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. Revised 10/08/03 Contract No. 45001 Page 29 of 57 Pages 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. 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: Good & Roberts/ Inc. By: (sign hflfre) Tim Umbarger, President (print name and title) CITY theSt By: tipal corporation of LORRAINE M. WOOD, City (sign here) Charles T. >!31ynn Executive Vice President (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary underthe corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney DeputyCity Attorney Revised 10/08/03 Contract No 45001 Page 30 of 57 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT iState of (~-y->U/fO/n</ fr — Countv of O#^ J/l ^f O 1 1 I On 3/2-7 /£k before me. 7^^/7/7^ A JtftflfS. VvfylV fLlU/^ \ 1 I 1 1 i S •i / ' Date _ • .. personally appeared ( /iw/L/S /, C 'i&personally known to me - OR - C proved to m i ytf®^. KATHERINE K JAMES \ -ffiLjaHga Commission #1601418 I IWajHSD Notary Public - Callfomia | I \§jjEJ?S/ San Dtego County f • ^gSS^ MyComm.ExplresAug18,2009l '•<« /•» Name and Title of OffiosfQ/g 'Jane Doe 4iotary Public ) / / Name(s) of Signer(s) 0 X e on the basis of satisfactory evidence to be the person(s) ^ whose name(s)4l/are subscribed to the within instrument ^ and acknowledged to me that fae/sbe/they executed the §> same in rrto/her/their authorized capacity(ies). and that by H hm/huT/their signature(s) on the instrument the person(s), $ or the entity upon behalf of which the person(s) acted, S executed the instrument >$ IWITNESS my hand and official seal g Signature of Notary Public n-ris^At A i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 4 fraudulent removal and reattachment of this form to another document >S& Description of Attached Document C orrh^-d' (-^°- ^f'^ootJ'Tor' G^-f ^ Title or Type of Document f ^/J//^/^. S<2n/ ' or Clnftf /mfirV (/C/Tt €stf& \ ' i ^ Document Date /^^T ^i'f-'i OWu d- Number of Pao.es ^ / ? / Signerfs) Other Than Named Above /?O/ Capacity(ies) Claimed by Signer(s) Sianer's Name C^r IA//I 5 / • ^7 'V/7/^ — / 3 Individual *s? Corporate Officer rr> ~ J L Titiefs^ £y<££- v/ c-^- YrfZidfnr C Partner — Zj Limited D General H3 Attorney-m-Fact r Guardian or Conservator •••n^Hii 1 i Other "^OP °' t'lumb he Signer Is Representing ~ ) -)£. ^ii / J /-i/Signer's Name / '/?"> LA~fm Dv-f s Hi Individual ^Corporate Officer rp * , , Title(s) ftfSl dfrvr r Partner — Z Limited ~ General [j Attorney-m-Fact H Trustee nrarTin M D Guardian or Conservator •irl^ fe G Other T°P of thl Signer Is Representing / c \1 1'O£r~ & ii mb here ^ $!t) ^) 1 I Bond No. 220 86 83 Premium: Included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2007- 043, adopted March 6, 2007, has awarded to _ GOOD & ROBERTS. INC _ (hereinafter designated as the "Principal"), a Contract for SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 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 __ GOOD & ROBERTS. INC _ , as Principal, (hereinafter designated as the "Contractor"), and insurance Company of the West _ _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Six Hundred Thirty One Thousand Five Hundred Dollars ($631,500 00), said sum being an amount equal to One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248 This bond shall mure 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 RevisecM0/08703 r ' " - Contract No. 45001- - "' Page 31 -of 57 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond Executed by CONTRACTOR this 26th day of March , 20 07 CONTRACTOR (see signature of Corp. Secretary, below) Good & Roberts, Inc. (name of Contractor) By Charles T. Glynn (print name here) Executive Vice President Good & Roberts, organtition of signatory) Executed by SURETY this 26th day of March , 20 °? SURETY Insurance Company of the West (name of Surety) P.O. Box 85563, San Diego, Ca. 92186 (address of Surety) 858-350-2400 x 2634 /telephone number of Surety) x*., Tim Oribarqer ature Sioux Munyon (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney)I,- (print name here) President Good ft Roberts, Inc. (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! Execution by Corporate Secretary of Contractor:Good & Roberts, Inc. by:t* '* Elizabeth-S. Good Corporate^ Secretary Revised 10/08/03"Contract No- 45001 Page 32 of 57 Pages' No, 0001409 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint SIOUX MUNYON, ANNE WRIGHT, LAURA M. EHRLICH, CYNTHIA BARNETT their true and lawful Attorney(s)-m-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005 (fjf ,_*( )•*• ^ \^\ INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D Sweeney, Assistant Secretary John L Hannum, Executive Vice President SSState of California County of San Diego On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L Hannum and Jeffrey D Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument Witness my hand and official seal MARY COBB I COMM. #1602390 £ NOTARY PUBUC-CfiUFORWft « SAN 01EGO COUNTY O My Commission Expires f SEPTEMBER 20.2009 j Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies "RESOLVED That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-m-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures, and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force 26th .,„._ March 2007IN WITNESS WHEREOF, I have set my hand this _day of_ \ Jeffrey D Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division Please refer to the Power of Attorney Number, the above named mdividual(s) and details of the bond to which the power is attached For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Cammo Real, San Diego, CA 92130-2045 or call (858) 350-2400 ACKNOWLEDGMENT State of California County of San Diego On 3/26/07 before me, N.I. Trusso, Notary Public (here insert name and title of the officer) personally appeared SIQUX Munyon personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal MV ^Signature S \§&&S/o SANi™«l$™s (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i@s@ft@s@s@ajss^6@&s&s*^ State of County of &a On 5/27 y0 ' / Date personally appeared >ersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument(CATHERINE K. JAMES Commteston* 1601418 Notary Puttie-California San Diego County My Comm. Expires Aug 19.WITNESS my hand and official seal OPTIONAL Signature ofifotafy pUbi 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 gLw.l/OY' Document Date ^-fZ4f/O / ^ 2>2~O ok&B Signer(s) Other Than Named Above . Number of Pages Capacity(ies) Claimed by Signer(s) Signer's Name D Individual -^"Corporate Offie Title(s) D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator Q Other MS RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing Signer's Name D Individual H^Corporate Officer Titie(s) fyec. D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other Signer Is Representing in Top of thumb here II © 1995 National Notary Association • 8236 Remmet Ave , PO Box 7184 • Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On vMol / / Date' . before me, Name and Title of Ofjrtr/e 9 • "Jane D<^> Nolan/ Pu personally appeared Name(s) of Signer(s) '^personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumentI(CATHERINE K. JAMES Commission* 1401418 Notary Public - California San Diego County MyComm. Expires Aug 18.2009 WITNESS my hand and official seal '/K, Signature o/N^lary Public 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 ^L^C^D^ r Document Date J2/2J&/& "7 Signer(s) Other Than Named Above s y//r> [/ >•-"- Number of Pages /D- Capacity(ies) Claimed by Signer(s) Signer's Name "77 D Individual p^-Corporate Officer Title(s) D Partner — D Limited D Gene D Attorney-m-Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name D Individul D Corporate iSJficer Title(s) D Partner ~ D Li D Attorney-m-Fact D Trustee D Guardian or Conserv, D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1995 National Notary Association • 8236 Remmet Ave , P O Box 7184 • Canoga Park, CA 91309-7184 Prod NO 5907 Reorder Call Toll-Free 1-800-876-6827 Bond No. 220 86 83 Premium: $ 6,552.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No 2007- 043, adopted March 6, 2007, has awarded to GOOD & ROBERTS. INC (hereinafter designated as the "Principal"), a Contract for. r SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 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 GOOD & ROBERTS. INC , as Principal, (hereinafter designated as the "Contractor"), and insurance Company of the West as Surety, are held firmly bound unto the City of Carlsbad in the sum of Six Hundred Thirty One Thousand Five Hundred Dollars ($631,500 00), said sum being an amount equal to One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications •V Revised 10/08/03 Contract No 45001 Page 33 of 57 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond day of Executed by CONTRACTOR this 26th day of March _ , 2Q07 _, 20°7 CONTRACTOR of Corp. Secretary, below) Good & Roberts, Inc. (name of Contractor) By (sign Executed by SURETY this 26th March SURETY. Insurance Company of the West (name of Surety) P.O. Box 85563, San Diego, Ca. 92186 (address of Surety) 858-350-2400 x 2634 Charles T. Glynn (print name here) Executive Vice President Good & Roberts, Inc. (Title and Organization of Signatory) (telephone number of Surety) By '(signature of Sioux Munyon y-m-Fact) Tim Umbarger (printed name of Attorney-m-Fact) (Attach corporate resolution showing current power of attorney) '.(print name here) President** " Good & Roberts, Inc. (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 £ity Attorney Execution by Corporate Secretary of Contractor: Good & Roberts-,- Imr. by: Revised 10/08/03 Contract No 45001. Elizabeth S. Good Corporate Secretary Page 34 of 57 Pages j " -•. No. 0001409 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint SIOUX MUNYON, ANNE WRIGHT, LAURA M EHRLICH, CYNTHIA BARNETT their true and lawful Attorney(s)-m-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005 3==*t,0»M*K~ JTV^ ///•.y^&ojCSttXN f(f/~ A \<%A INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D Sweeney, Assistant Secretary John L Hannum, Executive Vice President State of California •> i SSCounty of San Diego On June 5,2006 before me, Mary Cobb, Notary Public, personally appeared John L Hannum and Jeffrey D Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument Witness my hand and official seal 1 M Aft V COBB ICOMM. *1603390 £ NOTARY PUBUC-GftURffiNIA <* SAN OIE6O COUNTY O My Commission ExpifiBs »"SEPTEMBER 2D.20fJ9 j Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies "RESOLVED That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-m-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures, and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force 26th Ha,,nf March 2007IN WITNESS WHEREOF, I have set my hand this _day of _ \ Jeffrey D Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division Please refer to the Power of Attorney Number, the above named mdividual(s) and details of the bond to which the power is attached For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400 ACKNOWLEDGMENT State of California County of San Diego On 3/26/07 before me, N.I. Trusso, Notary Public (here insert name and title of the officer) personally appeared SIQUX Munyon personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal iSignature i«^^^CommS& (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i@a@ss&@a@!5@5gsg^^ State of County of On 7 before me, personally appeared Name and Title of Officer (e g , "Jane Doe, Notary Public") "T. / Name(s) of Signer(s) known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument (CATHERINE K. JAMES Commission* 1601418 Notary Public - California SOB Diego Counly MvComm ExpiresAug 18.2009 WITNESS my hand and official seal Signature'of^Cotary Public OPTIONAL Though the information below ;s 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 Signer(s) Other Than Named Above Number of Pages ooy Capacity(ies) Claimed by Signer(s) Signer's Name ///X? Individual Corporate Offjcer Titie(s) T D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name D Individual S Corporate Office D Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here '<$^?&®<g%!&@g@i3®!&$$Z!i?g^ © 1995 National Notary Association • 8236 Remmet Ave , P O Box 7184 • Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On /Dati personally appeared Name(s) of Signer(s) ^-personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument •CATHERINE K JAMES Commission* 1601416 Notary Puttie -California San Dtego County My Ctornm. Expires AUQ ie. 20M WITNESS my hand and official seal Signature of Notafy/ubln 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 .J7OJX //L/X//9/7. T/AO UjY)b(lffat.r T. Capacity(ies) Claimed by Signer(s) Signer's Name ^/'wO^Ti^- J> . D Individual (^-Corporate Officer Title(s) '4 rdlD Partner — D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other T°P of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing Signer's Name D >qdividual D COTRprate Officer Title(: D Partner N.D Limited D D Attorney-in^a^ct D Trustee D Guardian or Conservator D Other Signer Is Representing © 1995 National Notary Association • 8236 Remmet Ave , P O Box 7184 • Canoga Park CA 91309-7184 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 x whose address is \ hereinafter called "ContractoX1 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 requiredNo be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for: SENIOR CENTER IMPROVEMENTS \CONTRACT NO. 45001 in the amount of \ dated (hereinafter referred to as the "Contract"). Alternatively, on writteKrequest 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\>f 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 asNhe 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 ofsthe 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 b\ the Escrow Agent in administering the Escrow Account and all expenses of the City. These expanses 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. Revised 10/08/03 Contract No 45001 Page 35 of 57 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agerftthat 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 shaN rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. \ 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf ofNGontractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: \Title FINANCE DIRECTOR Name Signatur\-Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature. Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No 45001 Page 36 of 57 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For Contractor: For Escrow Agent: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 Title Name Signature Address Title iame Signature Address\ Revised 10/08/03 Contract No 45001 Page 37 of 57 Pages SUPPLEMENTAL PROVISIONS FOR SENIOR CENTER IMPROVEMENTS CONTRACT NO. 45001 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No 45001 Page 38 of 57 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector'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. Senior Inspector - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No 45001 Page 39 of 57 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments 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 gpm gallons per minute IE Invert Elevation LCWD Leucadia County Water District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawing SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization (excluding "Specialty Items" as described THE GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM"), 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 (excluding "Specialty Items" as described THE GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM"). The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No 45001 Page 40 of 57 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in 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: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the 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 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 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. Revised 10/08/03 Contract No 45001 Page 41 of 57 Pages The construction plans consist of 53 sheets labeled "CITY OF CARLSBAD - SENIOR COMMUNITY CENTER TENANT IMPROVEMENTS. 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: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. 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 Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: Revised 10/08/03 Contract No 45001 Page 42 of 57 Pages "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised 10/08/03 Contract No 45001 Page 43 of 57 Pages SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, if applicable, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3.2-2.1.1 Lump Sum contract, if applicable: Contractor shall utilize the latest edition of the RS Means catalog, San Diego area, for pricing. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Revised 10/08/03 Contract No. 45001 Page 44 of 57 Pages Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's 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 Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. City Manager Revised 10/08/03 Contract No 45001 Page 45 of 57 Pages The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. Revised 10/08/03 Contract No 45001 Page 46 of 57 Pages (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (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. i 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 nonbmding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. Revised 10/08/03 Contract No 45001 Page 47 of 57 Pages (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatermg and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncomphance with the specifications shall be borne by the Contractor. €3mW Revised 10/08/03 Contract No 45001 Page 48 of 57 Pages 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the matenal(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No 45001 Page 49 of 57 Pages SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: Add the following section: 6-1.2.3 Bar Chart. The Contractor shall prepare and submit to the Engineer a Bar Chart (otherwise referred to as the Construction Schedule) showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.8 Late Completion. A 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* 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Bar Chart within 15 working days of submittal. Revised 10/08/03 Contract No 45001 Page 50 of 57 Pages Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Construction Schedulet confirming the agreements no later than the fifth working day of the following month. 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 Engineer as complete for the activity. Add the following section: 6-1. 4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 9-3.4.1. 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 Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 9-3.4.1. Add the following section: 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 9-3.4.1. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the 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: 6-1.6 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 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 10/08/03 Contract No 45001 Page 51 of 57 Pages Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly 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 Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 120 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 Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 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 contract price 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. Revised 10/08/03 Contract No. 45001 Page 52 of 57 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $800.00 per day. Execution of the Contract shall constitute agreement by the Agency and Contractor that $800.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the lump sum contract price and no additional compensation will be allowed therefor. Revised 10/08/03 Contract No. 45001 Page 53 of 57 Pages 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs 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-DWQ, NPDES General Permit number CAS00002 (or the most current permit number) and the 'Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity" Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. 7-10.5 Adjacent Public Use. Add the following: This project is within the same building as the Carlsbad Senior Center which will continue to operate on a daily basis. Prior to the Notice to Proceed the contractor shall submit a written plan outlining how their work will be performed so as not to conflict with the adjacent activities of the Senior Center. This plan is subject to approval of the Engineer prior to issuing the Notice to Proceed. Access to the building shall be limited to the east entry door. Revised 10/08/03 Contract No 45001 Page 54 of 57 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. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Not required under this contract. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR LUMP SUM WORK 9-1.2.1 Schedule of Values, add the following: Prior to Notice to Proceed, the Contractor shall submit a detailed Schedule of Values subject to sole approval of the Engineer for all the work to be done on the project. The Schedule of Values shall be in sufficient detail for the Engineer to determine progress payments through the measurement of work. The Schedule of Values shall be divided between the work to be done on the first floor and the second floor. Should elements of the work be attributed to both floors (e.g. HVAC, electrical panels, etc), the contractor shall prorate the apportionment of work to each floor. 9-1 .4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Contractor's Schedule of Value per the requirements of Section 9-1.2.1, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the Revised 10/08/03 Contract No 45001 Page 55 of 57 Pages supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Schedule of Value items 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 Schedule of Value 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 Schedule of Value items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. Revised 10/08/03 Contract No. 45001 Page 56 of 57 Pages The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the 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 made at the stipulated price bid in the Schedule of Values but shall not exceed $15,000 and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, preparation of the Construction Schedule and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount stated in the Schedule of Values for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. Revised 10/08/03 Contract No 45001 Page 57 of 57 Pages